A21_RFP_W91QVN-17-R-0158.docx

W91QVN-17-R-0158

Section SF 1449 - CONTINUATION SHEET

Operator Interfaces & Accessories

FFP

Operation work Stations TCT-8000J Operator Interface Unit, CCHA44960-1 (26 ea) TCT-8000J Lemo PTT ADPT, 15' coiled, CBLA0120-1 (26 ea)) TCT-8000J, Recorder/AUX IN 3.5 MM, 16", CBLA0120-3 (26 ea) FOB: Destination

PURCHASE REQUEST NUMBER: F3JTCS7129A002

NET AMT

Port Cards & Software/Firmware Upgrades

TDMoP, TVCS-MR TDMOP IO Card Red, C11080-6 (2 ea) Software/Firmware Licence, CIP-8000 (26 ea) Software/firmware upgrades to exsisting port/engine card (1 ea)

NET AMT

Installation cost

Including labor and all travel cost, airfare, lodging, meal and local transportation.

NET AMT

PERFORMANCE WORK STATEMENT (PWS)

TCT8000 Upgrade for Battle Control System at Osan AB Korea

Part 1

General Information

1. GENERAL: This is a non-personal services contract for a TCT8000 upgrade for the Battle Control System – Korea (BCS-K). The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Description of Services/Introduction: The 621st Air Control Squadron (ACS), located on Osan AB, is requesting upgrade of current the BCS-K system TCTs in the Republic of Korea. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2. Background: BCS-K utilizes the CIP for vital Command and Control (C2) by the only USAF control agency on the Republic of Korea, during 24/7 War time and Armistice operations. The equipment is an integral component of a fielded C2 system managing various aircraft flying in support of combat and daily operations over the Korean Peninsula.

1.3. Objectives: Provide upgrade to the BCS-K system CIP.

1.4. Scope:

1.4.1. Provide upgrade to the existing BCS-K system TCTs.

1.4.2. Provide upgrade to the existing BCS-K Communications Interface Panels (CIP) for system compatibility

1.5. Period of Performance: The period of performance for this contract shall be 6 months from contract award.

1.6. General Information

1.6.1. Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The contractor will submit a QCP within 30 days after contract has been awarded, three copies of a comprehensive written QCP shall be submitted to the KO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor will receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.2. Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3. Recognized Holidays:

1.6.4. Hours of Operation: The contractor shall be responsible for conducting business, between the hours of 0730-1630, five (5) days a week except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5. Place of Performance: The upgrade to be performed under this contract shall be performed at the contractor facilities.

1.6.6. Type of Contract: The government will award a (Type of contract to be determined by CCE and the customer).

1.6.7. Security Requirements: N/A

1.6.7.1. PHYSICAL Security: N/A

1.6.8. Special Qualifications: N/A

1.6.9. Post Award Conference/Periodic Progress Meetings: N/A

1.6.10. Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract or any resulting order.

1.6.11. Key Personnel: The following personnel are considered key personnel by the government: Contract Manager. The contractor shall provide a contract manager or alternate who shall be responsible for the performance of work. The name of this person and an alternate, who shall act for the contractor when the manager or trainer/instructors are absent, shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available to answer any questions regarding the quality of service being provided.

1.6.12. Identification of Contractor Employees: N/A

1.6.13. Contractor Travel: N/A

1.6.14. Other Direct Costs: N/A

1.6.15. Data Rights: The Government has unlimited rights to all documents and material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyrights belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government will be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16. Organizational Conflict of Interest: N/A

1.6.17. PHASE IN /PHASE OUT PERIOD: N/A

1.6.18. Antiterrorism (AT) and Operations Security (OPSEC)

1.6.18.1. AT Level I Training: This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 50 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the KO, if a COR is not assigned within 20 calendar days after completion of training by all employees and subcontractor personnel.

1.6.18.2. Access and General Protection/Security Policy and Procedures: This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. The contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.18.3. AT Awareness Training for Contractor Personnel Traveling Overseas: This standard language text required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit Anti-Terrorism Officer (ATO) being the local point of contact.

1.6.18.4. iWATCH Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 50 calendar days of contract award and within 50 calendar days of new employees commencing performance with the results reported to the COR NLT 60 calendar days after contract award.

1.6.18.5. For Contracts that Require an OPSEC Standing Operating Procedure (SOP)/Plan: The contractor shall develop an OPSEC SOP/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor shall ensure this individual becomes OPSEC Level II certified per AR 530-1.

1.6.18.6. For Contracts that Require OPSEC Training: Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

1.6.18.7. For Contractors Requiring Performance or Delivery in a Foreign Country, DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the US: The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives

1.6.19. ENVIRONMENTAL CONTROLS: N/A

1.6.20. SAFETY REQUIREMENTS: N/A

1.6.21. WARRANTY: The contractor shall provide a minimum 2 year warranty for manufacturer’s defects on all CIP hardware. Any CIP that requires repair or replacement will be removed by 621 ACS and shipped back to the contractor facilities. The repaired or replaced hardware shall be received back at 621 ACS, Osan AB, Republic of Korea within 60 days of receipt by the contractor.

1.6.22. CONTRACTOR PERSONNEL

1.6.22.1. Contract Manager: The contractor shall provide a contract manager and alternate contract manager (responsible in the absence of the contract manager) who shall be responsible for the performance of the services. The names of the contract manager and alternate(s) shall be provided to the KO in writing prior to the beginning of the first performance period. The contract manager and alternate(s) shall be able to read, write, speak, and understand English.

1.6.22.1.1. The contract manager and alternate shall have full authority to act for the contractor on all matters relating to daily operations of this contract.

1.6.22.1.2. The contract manager or alternate shall be available during normal duty hours within two (2) hours to meet on the installation with government personnel (designated by the KO) to discuss any problems or issues that may arise. After normal duty hours the manager or alternate shall be available within four (4) hours.

1.6.22.2. Contractor Employees: the contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the KO as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population.

1.6.22.2.1. Contractor personnel shall present a professional appearance and be easily recognized as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges, which contain the company name and employee name in English.

1.6.22.2.2. The contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. Additionally, the contractor shall not employ any person who is an employee of the Department of Army, either military or civilian, unless such person seeks and receives approval according to DOD 5500-7-R Joint Ethics Regulation.

1.6.22.2.3. The contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours or deployment. Military Reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the contractor’s ability to perform; however, their absence at any time shall not constitute an excuse for nonperformance under this contract.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: N/A.

3.2. Facilities: N/A.

3.3. Utilities: N/A.

3.4. Equipment: N/A.

3.5. Materials: N/A.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Secret Facility Clearance: The contractor requires access to a government Secret level facility. The contractor shall provide all materials necessary to meet the requirements under this PWS.

4.3. Materials: The contractor shall provide all materials necessary to meet the requirements under this PWS.

4.4. Equipment: The contractor shall provide all equipment necessary to meet the requirements under this PWS.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1.1. Basic Services. 1. Provide upgrade to the existing BCS-K system TCTs. 2. Provide upgrade to the existing BCS-K CIPs for system compatibility

5.2. Tasks:

5.2.1. Provide upgrade to the existing 26 BCS-K system TCTs.

5.2.1.1. Hardware requirements. The contractor shall provide all hardware required for TCT8000 to interface into existing BCS-K system. Hardware includes but is not limited to:

· TCT8000J Operator Interface Unit (26)

· TCT8000J Lemo PTT Adapter, 15’ coiled (26)

· TCT-8000J Recorder/AUX in 3.5mm x 16” (26)

· Any applicable TVCS-MR system components and upgrades required for operation (port cards, engine cards, software, firmare, licenses, etc)

5.2.1.2. Capability Requirements. The contractor shall include the following capabilities listed below in addition to the existing BCS-K system capabilities:

· Respond in Kind – Enables operator to replace previous 10 seconds of audio

· Spatial Audio – Enables seven different spatial audio angles for incoming audio

· PTT Finger on Glass (FOG) – Supports PTT FOG on individual or multiple CIP devices

· PTT Assignment – Assign communications devices to specific PTT interface

· System PTT Override – Allows authorized operators to override PTT of other operators

· Crypto mode – Immediate selection of crypto mode upon PTT

· Global Settings – Supports setting Tx/Rx mode of radios for all operators by privileged users

5.2.1.3. Documentation. The contractor shall provide as-built documentation of installed hardware to include serial numbers. Any changes made to the system to include file locations, procedures, operations or capabilities shall be documented and provided in Microsoft Office or Adobe PDF format.

5.3. CONTRACTOR MANAGEMENT REPORTING (CMR): N/A

PART 6

PERFORMANCE REQUIREMENTS SUMMARY

6. Performance Requirements Summary:

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

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

BID INFORMATION & REQUIREMENT

1. Offeror(s) shall submit Quotations to Federal Biusiness Opportunities (FBO). The technical proposal for specification shall include the company name. All questions should be emailed to a chongnan.hong.ln@mail.mil within 3 days after the solicitation is issued. Please include the solicitation number (or RFQ 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. Proposal Preparation Instructions: This solicitation utilizes streamlined acquisition procedures. Offers will be evaluated by the Government based on evaluation criteria listed in the solicitation. The offeror quotation must demonstrate a clear understanding of the solicitation requirement. Failure to provide realistic, reasonable and complete proposal may reflect lack of understanding of the requirements and may result in a determination that the offeror is technically unacceptable.

3. The quotation(s) shall include the following requirements.

a. Technical Proposal: Brand Name Only.

Quoter shall provide description/specification of each listed item including manufacturer name and model/part number. “The proposed product” must meet, or exceed, the salient physical, functional, or performance characteristic specified in the RFQ.

b. Price Schedule.

Quoters 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.

c. Delivery Lead Time: Offeror(s) must specify delivery time in your quotation.

d. Partial offer is NOT acceptable.

Failure to submit the above requirements may indicate the offeror fails to understand the requirement, and may be grounds for determining the proposal to be technically unacceptable and ineligible for contract award in accordance with FAR 52.212-2 of this solicitation3. Local clause 5152.204-4032 shall be submitted with quotation(s).

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

1. SHIPPING INSTRUCTIONS:

a. SHIP / DELIVERY TO;

621 ACS, Bldg. No. 932, Osan Air Base, Attn: Mr. Shane Ungos, DSN: 315-784-5678 Sinjang-dong, Pyongtaek-city, Kyonggi-do, Korea

b. Receiving Officer: Mr. Shane Ungos, 621 ACS/DOR, Osan AB.

c. TIME OF DELIVERY: Within 60 calendar days after receipt of order or Modification.

2. 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.

3. PAYMENT: All requests for payment, invoice, and payment status will be referred to address in block 18a. 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. Partial payment is not authorized.

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.

4. 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/.

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

5. 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.

USFK SOFA CLAUSE

The following USFK SOFA Clause is incorporated to the contract:

INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS

UNDER U.S. - REPUBLIC OF KOREA (ROK)

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the “publications” tab on the US Forces Korea homepage http://www.usfk.mil

(a) Definitions. As used in this clause—

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States Pacific Command.

“United States Forces Korea” (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components.

“Commander, United States Forces Korea” (COMUSK) means the commander of all U.S. forces present in Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC).

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700-19).

“Responsible Officer (RO)” means a senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK.

(b) IC or TR status under the SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15289, APO AP 96205-5289.

(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFK Reg 700-19. FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.

(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government Furnished Property or transferred on a reimbursable basis.

(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that performance is IAW the SOFA.

(f) The contractor’s direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK regulation(s) pertaining to the direct employment and personnel administration of Korean National personnel.

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency (SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements. Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700-19.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK Reg 350-2.

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements.

(k) Invited Contractor and Technical Representative status may be withdrawn by USFK/FKAQ upon:

(1) Completion or termination of the contract.

(2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

(3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations.

(l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, Section II, paragraph 6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(n) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals. Included in this list are force protection advisories, health advisories, area (i.e. “off-limits”), prostitution and human trafficking and curfew restrictions.

(o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations. All contractor employees/dependents must have either a Korean driver’s license or a valid international driver’s license to legally drive on Korean roads.

(p) Evacuation.

(1) If the COMUSK orders a non-mandatory or mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel.

(2) Non-combatant Evacuation Operations (NEO).

(i) The contractor shall designate a representative to provide contractor personnel and dependents information to the servicing NEO warden as required by direction of the Responsible Officer.

(ii) If contract period of performance in the Republic of Korea is greater than six months, non emergency essential contractor personnel and all IC/TR dependents shall participate in at least one USFK sponsored NEO exercise per year.

(q) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is missing, captured, or abducted.

(2) In the case of missing, captured, or abducted contractor personnel, the Government will assist in personnel recovery actions in accordance with DOD Directive 2310.2, Personnel Recovery.

(3) IC/TR personnel shall accomplish Personnel Recovery/Survival, Evasion, Resistance and Escape (PR/SERE) training in accordance with USFK Reg 525-40, Personnel Recovery Procedures and USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK.

(r) Mortuary affairs. Mortuary affairs for contractor personnel who die while providing support in the theater of operations to U.S. Armed Forces will be handled in accordance with DOD Directive 1300.22, Mortuary Affairs Policy and Army Regulation 638-2, Care and Disposition of Remains and Disposition of Personal Effects.

(s) USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlined in this clause.

(End of Clause)

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…