RFP_-_W91QVN-17-R-0027.docx

W91QVN-17-R-0027

Section SF 1449 - CONTINUATION SHEET

Hybrid LCD Video wall

FFP

Hybrid LCD video wall shall consist of:

-55 inch (diagonal) 16x3 configuration and Video/IP Wall Controller.

-LCD 1920x1080 resolution (minimum), 500cd/m2 of brightness (minimum), 1400:1 of contrast ratio, and 3.5mm (maximum) of bezel.

-LCD video wall - off-board power module and processing module (for less heat and ease of Maintenance).

-Off-board processing module DVI interface, matrix capability, status LED, and RS-232/LAN control.

-Off-board power module - N+1 power redundancy for 24/7 operation as well as status LED (for quick Monitoring).

Model: OLMU-5520 MFR; Orion (Brand name or equal)

FOB: Destination

NET AMT

Mounting Brackets

Steel sliding rail - type mounting brackets

NET AMT

Steel and Aluminum Bracket frame reinforcement

NET AMT

Hybrid wall controllers

Hybrid wall controllers shall consist of:

-RGB/DVI 8 input and DVI 24 output.

-Support IP input and Serial/LAN control.

-Intel i7 3.4GHz CPU (minimum), 8GB RAM (minimum), HDD 1TB SATA-3 and Windows 7 Pro OS.

-Drag and drop operation, -Stored Scene Scenario recalling, and Scheduling.

-Physical video and IP video within a single unit.

-3rd party integrated control System like AMX.

Model: Mediark-8000 MFR; Leadtech (Brand name or equal)

NET AMT

Control PC

Control PC with i7 CPU (minimum), SATA 1TB HDD, 16GB RAM (minimum). WIN 7 os, along with 21inch (minimum) monitor Model: DB400T3A-CTO MFR: Samsung (Brand name or equal)

NET AMT

5 Meter DVI video cables

NET AMT

Miscellaneous materials bolts, nut, washer, control cable, duct, label and tie

NET AMT

Labor charge for

Installation, removal & testing

NET AMT

Statement of Work (SOW)

1. Title: H102 Data Wall Replacement

2. Requirement: This requirement is to have a contractor remove the existing data wall and EFI&T and instalaltion of new data wall system.

3. Scope: Contractor shall provide material, labor, technical expertise and any other resources to replace legacy data wall by LED-backlit Hybrid LCD video wall with high quality and reliability for 24/7 seamless operation.

a. 48 ea - OLWU 5520 Orion or equivalent (brand name or equal) Hybrid LCD video wall shall consist of:

55 inch (diagonal) 16x3 configuration and Video/IP Wall Controller.

LCD 1920x1080 resolution (minimum), 500cd/m2 of brightness (minimum), 1400:1 of contrast ratio, and 3.5mm (maximum) of bezel.

LCD video wall - off-board power module and processing module (for less heat and ease of Maintenance).

Off-board processing module DVI interface, matrix capability, status LED, and RS-232/LAN control.

Off-board power module - N+1 power redundancy for 24/7 operation as well as status LED (for quick Monitoring).

b. 48ea - Mounting Brackets –Steel sliding rail - type mounting brackets and support service model

c. 1ea - Steel and Aluminum Bracket frame reinforcement

d. 2ea - Mediark-8000 Hybrid wall controllers or equivalent (brand name or equal) shall consist of:

RGB/DVI 8 input and DVI 24 output.

Support IP input and Serial/LAN control.

Intel i7 3.4GHz CPU (minimum), 8GB RAM (minimum), HDD 1TB SATA-3 and Windows 7 Pro OS.

Drag and drop operation, Stored Scene Scenario recalling, and Scheduling.

Physical video and IP video within a single unit.

3rd party integrated control System like AMX.

e. 1ea - Control PC with i7 CPU (minimum), SATA 1TB HDD, 16GB RAM (minimum). WIN 7 os, along with 21inch (minimum) monitor or equivalent (brand name or equal).

f. 48ea - 5 Meter DVI video cables TAA Compliant or equivalent

- Contractor shall provide Hybrid LCD video wall which consist of LCD panel, off-board image processor module and power redundancy to meet government’s requirement. To include all supporting hard ware needed to put the steel frame together.

- 3 Year warranty for new Hybrid LCD video wall system.

- Contractor shall remove the existing 14x2 67-inch DLP Samsung monitors and 14 pedestal data wall cubes. Contractor shall move and transport removed data wall monitors and pedestals to the Osan Defense Logistics Agency Disposition Services (formerly DRMO) located at building 635 on Osan Air Base.

- Contractor shall install Hybrid LCD video wall consisting of 16x3 configuration, including the addition of supporting steel beam and bracket frame reinforcement. Contractor shall integrate existing video connection with new Hybrid LCD video wall, including new video/UTP/power cable wiring. Contractor shall install Hybrid wall controller, including set-up and configuration. Contractor shall reuse equipment racks that are installed, Contractor shall perform AMX 12” MODERO and AMX 10.5 G4 touch panel programming and debugging with the AMX ACE Programming Expert. Contractor shall perform integrated testing to ensure successful data wall replacement as approved by the government.

- After instalaltion, an integration testing will be conducted IAW test plan checklist.

- Period of Performance is 35 days.

Site Specific Information:

- Pictures are not available for the room.

-The present data wall is a 14x2 67” Samsung DLP Monitors siting on pedestals which are 53”and 3/4” from the floor. This system is standalone. Not on network. Feeds from PC’s on the floor via the matrix to the wall controller to the screen.

-On Each side of the wall next to monitors there is an equipment rack that houses the wall controller And Extron extenders.

-Drawings are attached (Wiring diagrams for left cube and right cube)

- Room Dimensions are W-82.5 ft. by D-45.5 ft. and H-27’ 7” ft. with theatre style seating.

-Power Requirement is 120V/50hz /60hz. Present power is on the building UPS.

-Present amount of inputs are 8 for each controller.

-Matrix in another room. From Extron matrix is RGBV to Extron transmitter box to Extron Extender via proprietary cable then RGBV to RGBV on wall controller.

Site Visit: Offerors who intend to propose on this solicitation are strongly encouraged to attend site visit. Offerors who want to attend the site visit must notify NLT 16:30 hrs, 5 Deceumber 2016 by e-mail to jim.blacknard.1@us.af.mil

Limitted person: No more than two (2) person for each vendor (Company).

(a) An organized site visit has been scheduled for-- Date: 7 December 2016 Time: 13:00 hrs

(b) Participants will meet at-- Location: Doolittle Gate, Osan Air Base (AB) POC: Mr. Jim L. Blacknard Jr. Tel 0503 384-9870 (DSN 784-9870)

Escort : Offceror who needs escort shall be at Doolittle Gate, on 7 December 2016 by 12:40 hrs with Korea identification card , passport or driver licence (주민등록증, 여권 혹은 운전면허증).

Installation and Test Plan Checklist

· Inspect Support Beam/Frame support strength

· Verify correct viewing height and width requirements.

· Verify maintenance space behind video wall.

· Cable management inspection (make sure no heavy weight on the cable connectors).

· Check alignment with test pattern.

· Verify spacing between panels.

· Check front display depth (forward/rear).

· Check Color uniformity with solid color or a test pattern.

· Brightness Uniformity.

· Push all source displays including still and video displays (smooth video).

· Ensure ROKAF operators able to function with remote management work station at their location. Able to push all source displays to LCD Orion and Christie projector controller displays from one management work station.

· Ensure software operates with no errors.

· Check rack for proper air ventilation (cooling).

· Check cable length for keyboard and mouse.

· Verify AMX integration and Programming

· Training to Operators

· Manuals/Software.

· Obtain specialized tools if needed.

· Tech Support contact information.

· Warranty Clarification

FOR LCS FUNDED PROGRAM NOTICE

ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS

1. This solicitation is conducted under the LCS program and will result in a contract between the Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States (US) shall be obligated for payment due under this contract.

2. In accordance with the International Agreement between the US and ROK, titled “Amendment to the Implementing Agreement between the United States Forces Korea and the Republic of Korea Ministry of National Defense Concerning Logistics Cost Sharing” (hereinafter “International Agreement”), signed by the parties on 14 October 2015:

The parties hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and that all equipment and supplies that are to be acquired with ROK Government funds shall be manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the Korea Railroad Corporation, or the ROK military. The term ‘Korean contractor(s)’ is defined as an entity, that, including its parent, is a domestic corporation under the Korean Tax Act and whose domestic status is recorded in the Certified Copy of Register or its successor document. A parent is defined as an entity that holds more than 50/100 of the total issued and outstanding shares in another company, as reflected in the Stock Change Certificate.

3. In order to establish eligibility for award under this LCS contract, the offeror shall submit the documents listed below with their proposal prior to the closing date/time established in the solicitation. The contracting officer will determine the offeror’s eligibility status as a Korean contractor solely on the basis of these documents.

a. Prime Contractor Registration: The offeror shall submit its Certified Copy of Register (등기부 등본 (유효사항)), as certified and submitted to the ROK Supreme Court (대법원). In order to qualify as a Korean Contractor, the fourth block of the offeror's Certified Copy of Register [등기부 등본 (유효사항)] must state an address that is physically located in the Republic of Korea.

b. Prime Contractor Stock Change Certification: The offeror shall submit its most recent Stock Change Certificate (주식 변동 상황 명세서), as certified and submitted to the ROK Local Tax Office (국세청). The prime contractor’s Stock Change Certificate (주식 변동 상황 명세서) will be evaluated to determine if the prime contractor has a Parent (as defined in the International Agreement extract above).

c. If the Prime Contractor has a Parent, the offeror shall submit the Parent’s Certified Copy of Register (등기부등본 (유효사항)) as certified and submitted to the ROK Supreme Court (대법원). In order for the Prime Contractor to qualify as a Korean Contractor, the fourth block of the offeror’s Parent’s Certified Copy of Register (등기부 등본 (유효사항)) must state an address that is physically located in the Republic of Korea.

4. To summarize the requirements stated above:

a. An offeror that does not have a "Parent" will submit 2 documents to establish that the offeror is a Korean Contractor: 1) Offeror's Certified Copy of Register, and 2) Offeror's Stock Change Certificate.

b. An offeror that does have a "Parent" will submit 3 documents to establish that the offeror is a Korean Contractor: 1) Offeror's Certified Copy of Register, 2) Offeror's Stock Change Certificate, and 3) Parent's Certified Copy of Register.

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

BID INFORMATION & REQUIREMENT

1. Offer(s) shall be submitted to Quotations shall be submitted to Federal Biusiness Opportunities (FBO). The technical proposal for specification shall include the company name. All questions should be emailed to a myonghui.kang1.ln@mail.mil and kim.p.newman.civ@mail.mil within 3 days after the solicitation is issued. Please include the solicitation number (or RFP number) in the subject line on the email. The electronic offer shall be submitted by 13:00 hrs (Local Korea Time) on the closing date of RFP.

2. The contractor shallinclude the following requirements IAW para 1 above.

►Factor A. Technical Capability:

Technical Proposal: Brand Name or Equal

(1) Offerors shall submit the detailed specification for the proposed items with the quotation even if the quote proposed the same item. Quoters who fail to submit all of the specified information set forth in the solicitation will not be considered for award.

(2) Technical Proposal Item Description/Specification: Quoter shall provide description/specification of each listed item including manufacturer name and model/part number. “EQUAL” product must meet, or exceed, the salient physical, functional, or performance characteristic specified in the RFQ. Even when brand name items are quoted by the vendor(s), vendor(s) shall provide Item description/specification.

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.

►Factor B. Past Performance Information: The offeror shall provide a list of all contracts and subcontracts under which they or any proposed subcontractors have delivered and installed similar items within the last three (3) years. Offerors will present past performance for themselves, and for any proposed division, subcontractor, or teaming contractor who will participate in the performance on this contract. For the purpose of this evaluation, the term "offeror" includes all team or joint venture members and subcontractors performing project functions. The offeror shall provide below content when providing past performance information.

1) Company Name

2) Contract number

3) Total dollar/won value

4) Contract award date

5) Title of contract

6) Contracting Officer (name, telephone number, and email address)

**Note** The Government reserves the right to obtain past performance from any reasonable source available, including Government databases in order to evaluate past performance.

►Factor C. Price Schedule

3. Delivery lead time shall be specified in the proposal. Within 35 calendar days after receipt of order or Modification.

4. Local clause 5152.204-4032 should be submitted with the offer(s).

5. Addendum to local clause 5152.204-4032, FAR 52.212-1 and 2: The terms “Quotation” and “Quoter” shall be substituted for “Offer” and “Offeror.”

Failure to submit the above requirements may indicate that the offeror fails to understand the requirement, and may be grounds for determining the proposal to be non-responsive and ineligible for contract award in accordance with Basis of Award of this solicitation.

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

1. SHIPPING INSTRUCTIONS:

SHIP / DELIVERY TO:

607TH SPTS/SCX

UNIT # 2077

APO AP 96278

POC: MR. BLACKNARD JIM, TEL: 011-503-384-9870 (COMM), 784-9870 (DSN)

E-MAIL: jim.blacknard.1@us.af.mil

2. TIME OF DELIVERY: Within 35 calendar days after receipt of order or Modification.

3. INSPECTION AND ACCEPTANCE: Receiving Officer or his authorized representative at the respective delivery point in Korea shall conduct inspection for condition, quality, quantity count, and final acceptance of the supplies delivered under this Purchase Order.

4. PAYMENT

a. Payment will be made by the Finance Office responsible for processing payment.

b. Requests for payment, invoicing and payment status – will be referred to the USFK-J4 (LCS funded).

Payment Office for LCS Funded Project:

ROK Ministry of National Defense Defense Logistics Agency (DLA)

Payment Office POC:

USFK-J4-IP PSC 303 BOX 29, APO AP 96205

Attn: LCS Manager: 02-748-5752 (DSN) pacom.yongsan.usfk.mbx.j4-lcs@mail.mil

5. NOTICE TO RECEIVING OFFICER (KOREA): Upon receipt and acceptance of supplies, the receiving report shall be provided to the contractor.

6. 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 specified in the purchase 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 dated of delivery.

7. Partial delivery is not authorizd.

Basis of Award

(a) The Government will award a contract resulting from this solicitation to the responsible offeror having submitted the lowest-priced, technically acceptable quote that satisfies all terms and conditions of this solicitation. The following factors shall be used to evaluate Offerss:

► Factor A. Technical Proposal (Brand Name or Equal)

(1) Offerors shall submit the detailed specification for the proposed items with the quotation even if the quote proposed the same item. Quoters who fail to submit all of the specified information set forth in the solicitation will not be considered for award.

(2) Technical Proposal Item Description/Specification: Quoter shall provide description/specification of each listed item including manufacturer name and model/part number. “EQUAL” product must meet, or exceed, the salient physical, functional, or performance characteristic specified in the RFQ. Even when brand name items are quoted by the vendor(s), vendor(s) shall provide Item description/specification.

►Factor B. Past Performance Information: The offeror shall provide a list of all contracts and subcontracts under which they or any proposed subcontractors have delivered and installed similar items within the last three (3) years. Offerors will present past performance for themselves, and for any proposed division, subcontractor, or teaming contractor who will participate in the performance on this contract. For the purpose of this evaluation, the term "offeror" includes all team or joint venture members and subcontractors performing project functions. The offeror shall provide below content when providing past performance information.

1) Company Name

2) Contract number

3) Total dollar/won value

4) Contract award date

5) Title of contract

6) Contracting Officer (name, telephone number, and email address)

**Note** The Government reserves the right to obtain past performance from any reasonable source available, including Government databases in order to evaluate past performance.

►Factor C. Price Schedule

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

Note 2: To be determined technically acceptable, the submitted specification must meet the salient characteristics stated in this solicitation.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(c) The contract may be awarded without discussions with the contractors.

(d) The tax exemptions stated in Clause 5152.204-4032, Representations & Certification will be reviewed by the contracting officer for reasonableness and necessity to complete the work. The contracting officer may reject a proposal if the offeror appears to improperly overstate any proposed tax exemptions or submitted pricing and cost data that appear to be unreasonable.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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:

Document Title: USFK Regulation 190-2 Document may be obtained from:

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

Applies to Performance in/at: Republic of Korea

(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):

http://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfars/

(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):

http://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfars/

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT; telephone, DSN 222-9832 or commercial (703) 692-9832.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing.