16T0164.docx

W91QVN-16-T-0164

Section SF 1449 - CONTINUATION SHEET

Biosystems by Honeywell POSICHEK3 USB

FFP

WITH LAPTOP, NC0961475, Catalog#SV54561717L *SEE SPECIFICATIONS BELOW FOR DETAILS.

BRAND NAME ONLY

FOB: Destination

PURCHASE REQUEST NUMBER: 0010910837

NET AMT

POSICHEK3 HARD PLASTIC CASE

NC0961476, Catalog#SV5421A16

BRAND NAME ONLY

NET AMT

OCONUS SHIPPING

NET AMT

SPECIFICATIONS

QUOTATION INFO

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO THE OFFEROR(S)

1. Quotations shall be submitted to the Federal Business Opportunities (FBO) website (https://www.fbo.gov/), or if FBO is not available, email to sukyong.choe.ln@mail.mil with the evidence document such as screen shot. The FBO unavailability is limited to ONLY FBO server problem not individual failure/problem. All questions should be emailed to sukyong.choe.ln@mail.mil within 5 days after the solicitation is issued. The electronic bid shall be submitted by the closing date and time of the solicitation. Partial quotation will not be acceptable.

2. The offeror(s) shall submit the following requirements IAW Para 1 above.

a. Technical Proposal: Brand Name Only : Specification for “Brand Name and Model/Part number”. Must provide the description/specification of each listed item with photos including manufacturer name and model/part number (even when quoting brand name item(s)). Quoter shall submit the detailed specification for the proposed items along with the quotation, even if the quoter proposed the same item. Quoters who fail to submit all of the specified information will not be considered for award.

b. Price Schedule: Offerors shall complete the pricing schedule.

3. Clauses 252.209-7999 and 5152.204-4032 shall be filled out and submitted upon request from the Government.

4. Failure to submit the above requirements may be grounds for determining the proposal to be non-compliant and not eligible to be considered for award.

5. The terms “Quotation” and “Quoter” shall be substituted for “Offer” and “Offeror” in this solicitation.

6. In accordance with FAR 25.1002, solicitations for contracts to be entered into and performed in Korea, to ensure a fair evaluation of offers, the Government will use the Korea Exchange Bank conversion rate on the date specified for receipt of proposal.

BASIS OF AWARD

The Government will award a contract resulting from this solicitation to the responsible offeror having submitted the lowest-priced, technically acceptable offer that satisfies all terms and conditions of this solicitation. The following factors shall be used to evaluate quotations on an LPTA basis: If any of factor is rated as unacceptable, the overall factor rating is unacceptable and the entire proposal is unacceptable.

►Factor A. Technical (BRAND NAME): All items (CLINs 0001 and 0002) must be the same brand name and model number identified in the RFQ to be determined technically acceptable.

►Factor B. Price: Price Analysis will be performed in accordance with FAR 13.106-3. The lowest total price for award purposes will be the total of all CLIN prices

Note 1: To be determined responsible, a prospective contractor must meet FAR 9.104-1 General standards.

Note 2: Multiple awards will not be made.

SHIPPING & PAYMENT INFO

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

1. SHIPPING INSTRUCTIONS

a. Deliver to address indicated in block 15 of this order if 70 lbs or less. A Return Receipt should be purchased for the proof of delivery. The Receiving Officer’s name is stated in block 15 of this order. The purchase order number (To be determined (contract number)/ 0010910837) must be included in the shipping address.

b. Point of Embarkation (POE) Designation (Over 70 lbs) is Tracy CA: The POE will be within the 48 contiguous states. The contractor should contact the transportation officer at their local Defense Contract Management Agency Office (DCMAO) for cargo booking and shipping instructions when the cargo does not meet the rules specified in the above information or exceeds the limitations for Cargo Excluded from DLA Consolidation and Containerization Activities paragraph listed below. Partial delivery is not authorized.

1. Delivery to Government POE: The contractor shall deliver items within 35 calendar days to the Government POE as:

Freight Shipping Address: SW3225 Defense Logistics Agency Defense Distribution Depot San Joaquin (DDJC)

TCN: W81BA3-6215-N100

Tracy Depot Bldg 30, CCP 25600 South Chrisman Road Tracy, CA 95304-9150 Commercial Number: (209) 839-4307 or 5597 or 4105 For follow up delivery information, send email to dlacontactcenter@dla.mil or call 1-877-352-2255

Mailing Address:

Defense Logistics Agency Defense Distribution Depot San Joaquin Bldg 30, CCP PO Box 960001 Stockton, CA 95296-0113

Defense Distribution Region West, Tracy, CA 96376 (Delivery Hours 07:00 – 14:30, M-F)

1. FOR GOVERNMENT USE ONLY:

M/F: To be determined (contract number)

TRANSPORATION CONTROL NUMBER (TCN): W81BA3-6215-N100XXX

REQUIRED DELIVERY (POE):

TRANSPORTATION ACCOUNT CODE (TAC): AZC6

PROJECT: NA

TRANSPORTATION PRIORITY: 02

SUPPLEMENTAL ADDRESS: Y00000

SIGNAL: A

1. END USER DELIVERY INFORMATION:

MARK FOR: Department of the Army, Korea

CPBO, LRC-RC, 403RD, AFSB

Bldg S-2530, Camp Stanley APO AP 96257-0624 Unit#10624 ATTN: Mr. Anthony J. Marra

(DSN) 315-732-7476(COMM) 011-82-5033-32-7476

Anthony.j.marra2.civ@mail.mil

DLA CONSOLIDATION AND CONTAINERIZATION ACTIVITY POINTS OF CONTACT

THE VENDOR MUST INCLUDE A COPY OF THE CONTRACT (SF 1449 OR DD 1155) IN THE PACKING LIST ATTACHED TO EACH BOX OR CONTAINER.

2. DLA CONSOLIDATION AND CONTAINERIZATION ACTIVITIES

a. General: Material advanced to a DLA transshipment activity for movement to an OCONUS activity by surface or air movement, especially hazardous material, must be palletized, properly packed, marked and addressed at point of origin for the ultimate consignee and certified for shipment in accordance with selected mode. Those shipments subject DoD or Service established “Air Challenge” criteria must be “offered and cleared” prior to shipment to the DLA consolidation activity. Shipments downgraded to surface must be marked “Air Denied”. Air-eligible shipments containing hazardous material must be shipped directly to the MILSTAMP designated Aerial Port of Embarkation.

b. Distribution Depot San Joaquin CA (DDJC) SW3225, formerly W62N2A, accepts surface shipments, except as excluded below, for Army, Air Force and Navy activities located in Hawaii and throughout the Pacific; Army customers in Alaska; and Marine Corps customers in Okinawa and Saudi Arabia. DDJC also accepts cleared, air-eligible shipments, except as excluded below, for Army activities throughout the Pacific and Alaska and for Navy OCONUS shipments, except CASREP shipments, throughout the Pacific and Hawaii under BBP code 307.

c. Distribution Depot Susquehanna PA (DDSP) SW3123, formerly W25N14, accepts surface shipments, except as excluded below, for Army and Air Force activities located in Northern and Southern Europe, Africa, South America, Central America. DDSP also accepts cleared, air-eligible shipments, except as excluded below, for Army activities throughout Northern and Southern Europe, Africa, South and Central America.

3. CARGO EXCLUDED FROM DLA CONSOLIDATION AND CONTAINERIZATION ACTIVITIES

The following material and/ or shipment types should not be routed to a DLA consolidation and containerization activity:

a. Release unit (RU) shipment or combination of LRU’s which economically (by cube or weight) fill a seavan for a single consignee or overseas breakbulk activity.

b. Single items oversize to a forty-foot seavan (maximum item dimensions L= 456” x W = 89” x H = 88”, or occupying 75 percent or more of the floor space in a 40-foot seavan).

c. Air –eligible item(s) outsized to a single 463L pallet (L = 96” x W = 87” x H = 90”); or over 10,000 lbs.; or containing hazardous material.

d. Navy CASREPS and Air Force and Marine Corps high-priority (TP1 or TP2 designated 999, 777, 555, N__, and E__, or RDD under 21 days (60 days USMC) which have not been downgraded to surface.

e. Foreign Military Sales (FMS) shipments (except authorized special projects).

f. Shipments consisting of material categorized as follows:

ITEM WATER COMMODITY CODE

Aircraft, unboxed……………………………..…………………………………..…………..(990-999) Arms, ammunition, explosives and radioactive waste…..…………………….…(40X-499;680-686) Baggage/household goods…..……………………………………………………………..…(360-399) Boats..(DDJC & DDSP can accept boats within the limits of paragraph 1b.)……………(640-642) Bulk cargo, unpacked, dry or liquid……………………………………………….………..(200-299) Classified or intelligence mat’l………………………………………………………….………….NA Controlledsubstances………………………………………………………..……(532/33;537-540/42) Mail..…………………………………………………………………………………………..(610-619) Privately owned vehicles………………………………….………………………………….(300-359) Radioactive material(MILSTAMP Code A)……………………………………………………….NA Refrigerated cargo………………………………………………………………..…………..(100-199) Special cargo…………………………………………………………………………………..(800-899)

· DDJC & DDSP accept vehicles (except POVs) that can be loaded into a seavan or onto a flatrack.

Subsistence, perishable…………………………………………………………………….…(500-529) MILSTAMP “Type Cargo” code (APPENDIX F20-16)…………………...…A, C, D, F, I, J, P & S MILSTAMP “Special Handling” codes – Single Handling Condition(APPENDIX F20-18)2, 3, 4, 5, 6,& 7

g. SHIPPING LABEL

The following may be cut out and used as a shipping label:

W81BA3-6215-N100XXX/TP_/RDD/

All lines of the address above must be used.

The TCN number, ending in XXX, is applicable to movement of the material in one complete shipment only.

The XXX denotes a total order, which has not been split. If shipment is made in two or more increments, the first increment shall bear the TCN followed by AXX in lieu of XXX. Subsequent shipments shall be marked with the same TCN followed by BXX, CXX, etc., with the final increment bearing a ZXX.

(Example: Two increments would be AXX and ZXX) Multiple boxes shipped at the same time must be labeled 1 of___(total of boxes) 2 of _____, etc.

4. INSPECTION AND ACCEPTANCE: Inspection for condition, quality count and final acceptance of the supplies delivered under this purchase/delivery order shall be conducted by Receiving Officer or his authorized representative at the final destination point in Korea. After final acceptance of all items, the payment will be made.

5. PAYMENT: All requests for payment, invoice, and payment status will be referred to address in block 18a on SF1449 or block 15 on DD1155. All problems with payment of accounts will be directed to the same office. Telephone inquiries may be made between 8 am and 11 am, Monday through Friday. Phone: (011-822) 7913-4587. Payment will be made NET 30 days from date of receipt of invoice in paying office or acceptance of materials/services by the Receiving Officer in Korea, whichever is later.

6. NOTICE TO RECEIVING OFFICER (KOREA); Upon receipt and acceptance of supplies, the receiving report shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF) at the web site https://wawf.eb.mil

CAUTION: Failure to provide completed receiving report on a timely basis may result in a loss of discount, in which event the Receiving Officer is required to furnish reasons for delay so that proper documentation maybe made to explain the loss.

7. RECEIVING OFFICER’S NOTIFICATION TO PURCHASING ACTIVITY OF NON-RECEIPT, DAMAGE OR NON-CONFORMANCE: The Receiving Officer shall notify the Purchasing Office promptly after date of delivery specifies in the order, of supplies not received, damaged in transit, or not conforming to specifications of the purchase order. Only under extenuating circumstances should such notification be made later than 15 days after specified date of delivery.

8. INVOICE SUBMITTAL:

The Contractor shall submit the invoice IAW DFARs 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Upon notification from the Receiving Officer, the invoice shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF) at the web site https://wawf.eb.mil .

9. Partial delivery and partial payment are not authorized.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUN 2016)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) ALTERNATE I (MAR 2015)

(a) Definitions. As used in this clause— “Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Commercially available off-the-shelf (COTS) item” means--

(1) Any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

(i) (A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_190-2_Off-Limits_Areas_and_Establishments.pdf

Document Title: USFK Command Policy Letter #12 Document may be obtained from:

http://www.usfk.mil/usfk/Uploads/140/USFK%20CPL12.pdf

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in—

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not—

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $500,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that—

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either—

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that—

(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(B) Has an estimated value that exceeds $500,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

(End of clause)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR:

http://farsite.hill.af.mil/

DFARs:

http://farsite.hill.af.mil/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR:

http://farsite.hill.af.mil/

DFARs:

http://farsite.hill.af.mil/

(End of clause)

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the estimated price for each subcontract.

(b) AFFILIATED OFFERORS:

(1) Business concerns are affiliates of each other when, either directly or indirectly, one concern controls or has the power to control the other, or a third party controls or has the power to control both.

(2) Each offeror shall furnish, below, the following information:

(i) Whether the offeror has any affiliates;

(ii) The names and addresses of all affiliates of the offeror; and

(iii) The names and addresses of all persons and concerns exercising control or ownership of the offeror and any or all of its affiliates, and whether they are common officers, directors, stockholders holding controlling interest, or otherwise.

AFFILIATED CONCERNS. : (Name, location and, in detail, controlling interest in each)

(c) PRINCIPAL OWNER(S) OR STOCKHOLDER(S):

Each offeror shall list below the name(s) and address(es) of the principal owner(s) or stockholder(s) of the company and percentage of ownership. If a major portion is publicly traded and/or otherwise widely distributed, state that, with the percentage so affected.

(d) STANDARDS OF CONDUCT CERTIFICATION:

This is to certify that, to the best of my knowledge and belief, except as described below, no representative of this firm who deals with US Government employees on any aspect of this procurement is a former US Government employee, to include former US military personnel. I understand that this certification is continuing in nature and places a duty on me and my firm to notify the Contracting Officer of any additional individual(s) who fit the above description prior to the individual's assuming duties.

(i) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(ii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(iii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

Firm ____________________________________________________ Name _____________________________________________________ Signature __________________________________________________

Title _____________________________________________________ Date of Execution ____________________________________________

(e) TAXES:

(1) References:

(i) Contract clause entitled "FAR 52.229-06 Taxes—Foreign Fixed-Price Contracts (Jan 1991)."

(ii) US-ROK Status of Forces Agreement (SOFA), Articles IX and XVI.

(iii) ROK Customs Law, Law No. 1976, promulgated on 29 November 1967, as amended.

(iv) ROK Value Added Tax Law, Law No. 2934, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(v) ROK Special Excise Tax Law, Law No. 2935, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(2) Contractor shall state the types and estimated amount of taxes that would normally apply to such transactions but are excluded from this proposal.

(i) Customs Tax (except for ROK MND-funded contracts or delivery orders):

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

This item will be imported specifically for this contract? Yes _____ No _____

(ii) Special Excise Tax:

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

Name of item manufacturer

(iii) Value Added Tax (VAT):

Input VAT on materials purchased for this contract. 10% _____ Input VAT on transportation leased/rented for this contract.10% _____ Input VAT on equipment leased/rented for this contract. 10% _____ Input VAT on services purchased for this contract. 10% _____ Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P Liters w/o Tax Tax/Unit Total Tax Amount Regular Gasoline ________ (L) ________ w________ w_____________ Premium Gasoline ________ (L) ________ w________ w_____________ Diesel ________ (L) ________ w________ w_____________ Other ________ (L) ________ w________ w_____________

(v) Education Tax.

(3) Name of the oil company from which POL products will be purchased:

Oil Company: _________________________________________ (Name only)

(4) I certify by this submission that all supplies and services to be purchased for this contract have been proposed exclusive of Value Added Tax, applicable Customs Tax (except ROK MND-funded contracts and delivery orders), Special Excise Tax, and Education Tax.

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation. The Government reserves the right to require any and all certifications and representations to be completed and signed in hard copy by the successful offeror prior to contract award. Failure of an offeror to complete the certifications and representations within the time directed by the Contracting Officer may result in a determination that the contractor is not a responsible offeror for this acquisition.

5152.233-4703 AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Facsimile number (256)450-8840

The AMC-Ievel protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

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