RFP_for_W91QVN-17-R-0167.docx

W91QVN-17-R-0167

Section A - Solicitation/Contract Form

LCS PROJECT NOTICE AND REQUIRED DOCUMENTS

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

In accordance with the International Agreement between the United States and the Republic of Korea, 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.”

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

1) The offeror's most recent Stock Change Certificate (주식등변동 상황명세서), as certified and submitted to the ROK Local Tax Office (국세청),

2) The offeror's Certified Copy of Register [등기부 등본 (유효사항)], as certified and submitted to the ROK Supreme Court (대법원), and

3) If the offeror has a Parent (as Parent is defined in the International Agreement), the Parent's Certified Copy of Register [등기부등본 (유효사항)], as certified and submitted to the ROK Supreme Court (대법원).

Section B - Supplies or Services and Prices

Construction Work: LCS Funds

FFP

HS-00657-5J, Repair Barracks Bldg. #82 for THAAD / 2-1 ADA Batteries, Camp Carroll.

FOB: Destination

PURCHASE REQUEST NUMBER: W90YG37167N005

NET AMT

Off-shore materials: US Funds

FFP

See Statement of Work in Section C.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011046333

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

TECHNICAL PROVISIONS - I

STATEMENT OF WORK

PROJECT NO TITLE LOCATION

HS-00657-5J Repair Barracks Bldg. #82 for THAAD/ 2-1 ADA Batteries Camp Carroll

DESCRIPTION: The work to be performed for completion of this project shall be in general as described below:

a. Work by Contractor:

(1) The contractor shall provide all labor, tools, equipment, supplies and any other resources necessary to accomplish the scope of work contained herein as indicated in the drawings the specifications.

(2) The contractor shall repair barracks Bldg. #82 for THAAD/ 2-1 ADA Batteries, Camp Carroll in accordance with the specifications and drawings.

b. Work by In-House Labor: Not applicable to this project.

c. Work by Troop Labor: Not applicable to this project.

(3) Performance Period: Shall be 180 calendar days, including 120 days for procurement of US origin materials after Notice to Proceed (NTP) is issued.

PRINCIPAL FEATURES: This project shall include the following:

General Services:

The contractor shall submit completed material lists and shop drawings to DPW, Engineering Division, Design & Technical Review Branch for approval prior to commencement of work at the jobsite.

Schedule #I, Construction (L): All work shall be in accordance with the attached drawings and specifications.

A. Civil Work

1. Replace existing stone ditches with new reinforced concrete pipe (D=300) storm lines. (Drawing No. C-2)

2. Replace existing concrete sidewalk (W=1800) and base-course. (Drawing No. C-2, C-3)

3. Cut and trim tree branches. (Drawing No. C-2)

4. Remove existing concrete head wall. (Drawing No. C-2)

5. Install water supply lines including tapping sleeves, tapping valves, gate valve, fittings, thrust blocks, and etc. (Drawing No. C-2, C-5)

6. Install post indicator valve and guard posts. (Drawing No. C-2, C-4)

7. Construct concrete head wall. (Drawing No. C-2)

8. Sod with top soil and solid sodding within the work boundary. (Drawing No. C-2)

9. Replant trees. (Drawing No. C-2)

10. Replace asphalt concrete pavement. (Drawing No. C-2)

11. Fill earth. (Drawing No. C-2)

B. Architectural Work

1. Apply acrylic fluid-applied waterproofing system including necessary accessories on existing asphalt shingle roof and Mech. room concrete roof. (Drawing No. AE-10, AE-11)

2. Replace existing rain gutter and downspouts with new including splash blocks and necessary accessories. (Drawing No. AE-10, AE-11, AE-17, AE-18)

3. Replace existing sheet metal flashing and water drip with new. (Drawing No. AE-10, AE-17, AE-18)

4. Replace existing deteriorated fascia board, soffit and nailer with new including necessary accessories. (Drawing No. AE-10, AE-17, AE-18)

5. Seal existing concrete joint between Mech. room and 2F balcony. (Drawing No. AE-10, AE-18)

6. Replace all existing ceiling system with new including ceiling access door. (Drawing No. AE-02, AE-03, AE-17, AE-25)

7. Replace existing ceiling insulation with new including necessary accessories. (Drawing No. AE-02, AE-03, AE-17, AE-18, AE-20)

8. Block-up existing door / window opening. (Drawing No. AE-05~AE-08, AE-19)

9. Remove existing cement masonry unit wall for new opening. (Drawing No. AE-07)

10. Repair existing exterior insulation finish system. (Drawing No. AE-07, AE-08)

11. Replace existing interior wall with new including metal frame, insulation and necessary accessories. (Drawing No. AE-07, AE-08, AE-11~AE-16)

12. Install interior wall with new including metal frame, insulation and necessary accessories. (Drawing No. AE-07, AE-08, AE-11~AE-16)

13. Replace existing 1F floor and mechanical room concrete slab for mechanical work. (Working area only, see Mech. drawing.) (Drawing No. AE-18, M-17)

14. Restore existing 1F floor concrete side walk after mechanical work. (Working area only, see Mech. drawing.) (Drawing No. AE-17, AE-18, M-8)

15. Replace deteriorated existing door and door frame with new including necessary accessories. (Drawing No. AE-05, AE-24)

16. Remove and reinstall existing electronic lock system. (Drawing No. AE-05, AE-24)

17. Replace existing window with new blast resistant window including oak wood trim, venetian blind and necessary accessories. (Drawing No. AE-24, AE-25)

18. Replace existing floor tile with new vinyl composition tile including vinyl cove base and necessary accessories. (Drawing No. AE-12~AE-15, AE-21, AE-25)

19. Replace existing toilet with new including wall tile, floor tile and necessary accessories. (Drawing No. AE-12~AE-15, AE-21)

20. Replace existing bathroom accessories with new including towel bar, robe hook, soap dish, shower curtain and necessary accessories. (Drawing No. AE-12~AE-15, AE-21)

21. Replace existing kitchen base (bowl, solid surface artificial sink top) and wall cabinets with new. (Drawing No. AE-12~AE-15, AE-22)

22. Replace existing vanity cabinet, counter top, towel bar, soap dish and medicine cabinet with new. (Drawing No. AE-12~AE-15, AE-21)

23. Paint on all interior & exterior surface. (Drawing No. AE-02, AE-25)

24. Replace existing interior and exterior signage with new. (Drawing No. AE-02, AE-23)

25. Install pipe chase for mechanical work. (Drawing No. AE-02, AE-18)

C. Mechanical Work

1. Replace existing heating and cooling system with new one including hot water heating boiler, water circulating pump, expansion tanks, air separators, fan coil units, A/C unit, thermostats, air intake louvers, outdoor air reset controller, access doors, electric unit heaters, concrete pads, insulation, smoke stacks, valves, gauges, gas line & train assembly, dampers, piping and all necessary accessories and parts.(Drawing No. M-2, M-5~M-10, M-18)

2. Replace existing ventilating system with new one including wall exhaust fans, ceiling exhaust fans, roof ventilators, range hoods, associated ductwork, dampers, wall caps, insulation and all necessary accessories and parts. (Drawing No. M-17)

3. Replace existing plumbing system with new one including domestic water heater, hot water circulating pumps, domestic water storage tank, plumbing fixtures, sewer & vent piping, domestic water piping, smoke stack, dampers, insulation, gas line & train assembly, backflow preventer & pressure reducing station, concrete pads, washer service boxes, access doors, valves, gauges, water piping and all necessary accessories and parts. (Drawing No. M-6, M-12~M-18)

4. Install new wet pipe fire sprinkler system with all necessary accessories and parts.(The fire sprinkler system routing and pipe sizes shown are conceptual for IGCE purpose only. The contractor is responsible for all other additional cost caused from not shown or/and indicated in the conceptual drawings to meet with applicable codes and regulations to complete subject project construction. ) (Drawing No. M-19, M-20)

5. Contractor shall remove all direct digital control system installed by Johnson Control. (Drawing No. M-4)

6. Contractor shall be responsible for removal & reinstallation and all associated costs with existing (or new) direct digital control system installed by Johnson Control. (Drawing No. M-4) D. Electrical Work

1. Replace deteriorated existing lighting fixtures, toggle switches, timer switches and associated wiring with new ones. (Drawing No. E-2)

2. Replace deteriorated existing power system including panel boards, watt hour meter, current transformers cabinet, current transformers, service drop, pad mounted transformer, circuit breakers receptacles, junction boxes, magnetic motor starters and associated wiring with new ones. (Drawing No. E-3, E-4, E-6, E-10, E-15~E-18)

3. Replace deteriorated existing communication system including telephone terminal boards, patch panels telephone/Lan outlets, fiber optic & copper cables, cable tray, communication rack and necessary accessories with new ones. (Drawing No. E-5, E-7, E-11)

4. Replace deteriorated existing exterior communication line including handhole, copper & fiber optic cables, splice kits, concrete encased duct and necessary accessories with new ones. (Drawing No. E-11~E-14)

5. Replace deteriorated existing cable TV system including CATV outlets, and associated coaxial cables with new ones. (Drawing No. E-5)

6. Replace deteriorated existing fire alarm/mass notification control panel and surge protector, building transmitter, manual pull stations, audio/visual strobes, detectors, control units, input modules, wires and conduits with new ones. (Drawing No. E-8, E-9)

E. Offshore Item List for CLIN 0002

1. Civil item

- Post indicator valve and necessary accessories.

- PVC pipes and fitting.

- Tapping sleeves.

- Ductile iron tapping valve, reducer, fitting and valve boxes.

- Gate valve and valve box.

2. Architect item

- Fluid applied Waterproofing system and membrane sheet.

- Wood flush doors, Hollow core with steel frames.

- Towel bars, robe hooks, toilet tissue holder, medicine cabinets.

- Lockset (F07) lever type, door viewer and flush bolt.

3. Mechanical item

- Domestic hot water storage tank, circulation & re-circulation pump and expansion tank.

- Air separator and 3 way mixing valve.

- Backflow preventer & pressure reducing station.

- Fan coil units with thermostats and wall mounted type spirit air conditioning unit.

- Electric unit heaters, wall exhaust fans, ceiling exhaust fans and roof exhaust ventilators.

- Range hoods.

- Clothes washer service boxes and flexible duct & wall caps.

- Water hammer arresters and auto air vents.

- Pressure gauges and thermometers.

- Chemical feeder line and smoke stacks.

- Sprinkler heads, alarm check valve, back flow preventer, OS & Y valve, tamper switches, fire department connection and spare sprinkler head cabinet.

- Drain test valve, test hose header and water flow switches.

- Flexible, closed-cell elastomeric sheet insulation w/adhesive.

4. Electrical item

- LED lighting and toggle & safety switches, timer switches, occupancy sensor and receptacles.

- Magnetic motor starters.

- Panel boards w/branch circuit breakers and watt hour meter.

- Fire mass notification control panel, detectors, modules and strobes w/accessories

- Telephone terminal board, patch panel modular jack and terminal block w/ accessories.

- Max cell inner duct.

- CATV outlets, connectors and coaxial cable.

TECHNICAL PROVISIONS - II

TECHNICAL DETAIL SPECIFICATIONS

PROJECT NO TITLE LOCATION

HS-00657-5J Repair Barracks Bldg. #82 for THAAD/ 2-1 ADA Batteries Camp Carroll

GENERAL: The specifications are from the "Standard Technical Specifications for O&MA Projects, Korea", dated 30 October 2015, issued by the Department of the Army, Installation Management Command. The most current specifications are available (for referral purposes only) on the USFK’s Web Page http://www.usfk.mil/Resources/ContractingwithUSFK.aspx. The electronic version of the specifications are Acrobat® PDF format and can be read with the Acrobat Reader® software.

TECHNICAL PROVISIONS - III

SPECIAL CONDITIONS

PROJECT NO TITLE LOCATION

HS-00657-5J Repair Barracks Bldg. #82 for THAAD/ 2-1 ADA Batteries Camp Carroll

1. GENERAL: In addition to the requirements specified under "GENERAL PROVISIONS" for the Fixed Price Construction Contract for this project, the Contractor shall comply with the following "SPECIAL CONDITIONS" which form a part of the contract.

2. WORK HOURS: The work will be accomplished from 0730 hours through 1730 hours (Monday through Saturday) except for Korean Legal Holidays. Any proposed change in working hours should be approved by the Contracting Officer (KO) and Contracting Officer's Representative (COR).

3. NOTIFICATION OF INSPECTION SECTION: The contractor shall also give the project inspector seven (7) working days notice prior to each concrete placement, field test, weld application, protective coating application, or any other work deemed to require inspection.

4. COORDINATION: The contractor shall coordinate his work with all others (subcontractor and government agencies) involved in this project and shall cooperate with all other contractors and government agencies so as to facilitate the general progress of the work. Before proceeding with any work, the contractor and/or subcontractor shall consult applicable drawings and specifications for each trade involved.

5. CONSTRUCTION: The contractor shall submit a request for the construction permit at least ten (10) working days prior to the starting of work. The request shall be submitted to the COR for approval.

6. MATERIALS COMPLIANCE: The contractor shall make certain all materials used meet the requirements of the contract and proof thereof upon request of the COR. Materials not meeting the requirements of the contract shall not be brought to the job site. All materials shall be new and the standard products of a manufacturer regularly engaged in the manufacturing of such materials.

7. HOISTING AND MOVING EQUIPMENT: The Contractor and each subcontractor shall provide and be responsible for all cranes, lifts, etc., necessary for the proper and efficient movement of materials. The equipment shall be provided with proper guys, bracing, safety devices, etc., as required by law.

8. EQUIPMENT: All contractor equipment shall be subject to functional and safety inspection by the COR. Equipment not completely safe or functional shall be repaired before work is started.

9. RECORD DRAWINGS: During performance of work, the contractor shall accurately record and delineate on a set of full-size blue line prints of contract drawings all changes in such work which constitute departures from the original contract drawings. The set of drawings (one original and one blue line print), thus corrected and changed, usually referred to as “As-Built Drawings”, shall be delivered to the COR at the final acceptance/inspection of the completed work by the Government.

10. US ORIGIN MATERIALS: If applicable, all US Origin Materials will be ordered immediately after Notice to Proceed.

11. RELEASE OF FACILITIES WITH U.S. ORIGIN MATERIALS: If applicable, Building/facility will not be released to the contractor by the COR until all U.S. origin building construction supplies are available or due within such a time frame that there will be no delay in project completion.

12. UTILITY CUTOVERS AND INTERRUPTIONS: Make utility cutovers and interruptions after normal working hours or on Saturdays, Sundays, and U. S. Government holidays. Conform to procedures required in the paragraph "Work Outside Regular Hours." Ensure that new utility lines are complete, except for the connection, before interrupting existing service. Interruption to water, sanitary sewer, storm sewer, telephone service, electric service, air conditioning, heating, fire alarm, compressed air, shall be considered utility cutovers pursuant to the paragraph entitled "Work Outside Regular Hours." Such interruption shall be limited to 4 hours. This time includes for deactivation and reactivation.

13. WORK OUTSIDE REGULAR HOURS: Work outside regular working hours requires Contracting Officer approval. Make application 14 calendar days prior to such work to allow arrangements to be made by the Government for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and project title. Based on the justification provided, the Contracting Officer may approve work outside regular hours. During the period of darkness, the different parts of the work shall be lighted in a manner approved by the Contracting Officer. Make utility cutovers after normal working hours on Saturdays, Sundays, and U. S. Government holidays unless directed otherwise.

14. WINTERIZATION: The contractor may be required to perform the work during the winter season, which may cause the contractor for additional cost. These additional costs are the contractor’s responsibility in the event of working during this period. The Contractor shall reflect these costs in the preparation of his proposal.

15. SAFETY: The safety plan must be approved before any work can be performed on this contract. Hard hats, suitable work boots and other necessary personnel protective gear are mandatory. Contractors are required to get a written permission from safety office (POC: Mr. To, Pong Uk, DSN: 768-8971) and fire & Emergency Service (POC: Fire Communication office, DSN: 768-4120) prior to enter confined spaces (i.e. manholes). Contractors should be properly trained and equipped with PPEs, calibrated air monitoring instrument, to work at confined spaces to insure compliance with OSHA (Occupational Safety and Health Administration) 29 CFR 1910.146.

16. SECURITY: All prime contractor and subcontractor personnel will be required to obtain a station pass from the Base Security Office. It is the prime contractor’s responsibility to supply information to security regarding all prime and subcontractor personnel and a list of all vehicles that will be driven on the site.

17. WARRANTY: The contractor shall be responsible for remedy of failure in government contract during the one (1) year warranty time. The contractor shall be refurnishing services or/and repair and replacement for remedy. The one (1) year warranty starts the day after final inspection approval from the authorized personnel.

18. ANTITERRORISM/OPRATIONS SECURITY REQUIREMENTS.

18.1. AT Level 1 Training: This standard language 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 Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil.

18.2. Access and General Protection/Security Policy and Procedures. This standard language 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 Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil

18.3. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

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 locally 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 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

19. Environmental Management System (EMS): Recycling all eligible material, including glass, paper (including magazines), plastic, aluminum, and cardboard to the maximum extent practicable;

Reducing the amount of hazardous material and/or solvent used by purchasing fewer hazardous materials and by increasing the use of products with recycled content;

Reducing the amount of solid waste from construction and demolition debris, and scrap metal sent to municipal and rubble landfills by reducing, reusing, and recycling;

Conserving energy and water usage by turning off lights and equipment when not in use and using only the necessary amount of water needed to complete the required tasks. Continuous conservation of our natural resources is a must;

20. Contamination find clause: When contaminated soil is encountered during excavation work, contractor shall report the findings to the Environmental Office immediately and contractor will segregate contaminated soil from clean soil.

21. Inadvertent find clause: When potential cultural or historic items are inadvertently found during construction activities, contractor shall cease activities in the vicinity of the discovery and report the findings to the Environmental Office immediately. (Reference: USFK Reg 201-1, Environmental Governing Standard (EGS) Ch. 12, Para 12-3 J)

22. Fuel Tank and Lines: If applicable, when underground piping associated with POL storage containers shall be tested for integrity and leaks at the time of installation, modification, construction, relocation, or replacement. New underground piping must be protected against corrosion IAW recognized industry standards. (Reference: USFK Reg 201-1, Environmental Governing Standard (EGS) Ch. 9, Para 9-3.b.(5))

23. Non-PCB transformer certification: If applicable, before contractor replace/install any transformer at USAG Daegu, contractor shall submit two copies of non-PCB transformer certification to COR for each to be installed transformer. New transformer will be installed after COR's approval for non-PCB transformer certification for each to be installed transformer.

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days including 120 days for procurement of US origin materials after notice to proceed (NTP) is issued.

The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G - Contract Administration Data

Section I - Contract Clauses

5152.232-4028 – Funding of ROK MND Contracts

FUNDING OF ROK MND CONTRACTS

(a) This is 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.

(b) Funding advisement: This contract, any modifications (including exercise of option(s)) thereto, and any delivery or task orders thereunder, shall be paid with ROK funds and shall cite “MOA Contract - funded by ROK MND” (in lieu of citing appropriations and accounting data). No U.S. funds, appropriated or other, are or will be obligated under this contract.

(c) Limitation of US liability: The U.S. Government shall incur no liability, and no appropriated or other funds of the United States shall be obligated, for payment for services, supplies, claims, or other costs arising out of or under this contracts, delivery or service orders, exercises of options, or other modifications.

(d) Identification of invoices: Contractor shall state clearly “MOA Contract - funded by ROK MND” on all invoices for performance under contracts, delivery or service orders that are designated as “MOA Contract - funded by ROK MND.”

(e) Funding carry-over:

(1) The Contractor will make every reasonable effort to obtain completion of all performance under the contract and to obtain, approve, and forward Contractor’s invoices under the contract before the end of the calendar year of the contract. In the event that any work initiated under the contract cannot be completed by the end of the calendar year, the Contractor shall furnish the Contracting Officer and USFK, ATTN: FKJ4-P-G, not later than 30 November, the following information:

(i) A list of work that apparently will not be completed and invoiced by, and apparently will require payments after, the end of the calendar year;

(ii) Estimated price of work that apparently will be carried beyond the calendar year; and

(iii) Date of anticipated completion of the work.

(2) The ROK MND shall seek mutually agreeable procedures for payment for work carried over to the next calendar year.

(f) Availability of ROK Funds for the Next Calendar Year:

(1) This contract is funded with calendar year ROK MND funds, from date of award through 31 December of the year in which the contract is awarded and/or into which the contract is extended. ROK MND funds are not available for performance, under this contract, beyond 31 December of the current contract’s calendar year period. Any obligation and/or legal liability on the part of ROK MND for the next calendar year’s performance, including exercise of any option to extend the services/contract, is contingent upon the Contracting Officer’s explicit notification to the Contractor of availability of that new calendar year’s ROK MND funds, from which contractual payment(s) can be made.

(2) Unavailability of ROK MND funds until a few months into the new calendar year may necessitate a break in performance of the contract until those funds become available. In the event of a break in performance because of unavailability of the new calendar year’s ROK MND funds for obligation under the contract, that break in performance shall not be deemed a breach or default of the contract.

5152.232-4030 – Payments of ROK MND Contracts

PAYMENTS OF ROK MND CONTRACTS

(a) Responsibility for Payment: The ROK Government shall make payment directly to the contractor for performance rendered and accepted under any contract part, or delivery or service order identified as “MOA contract – funded by ROK MND.” Payments shall be made at the prices specified in the contract.

(b) Performance Certification and Contract Administration: The U.S. Government has sole authority to administer this contract. The U.S. Government, through its designated USFK official(s), has sole authority to inspect and accept goods and services and to determine the Contractor’s entitlement to payment from the ROK under this contract. The administering U.S. Government Contracting Officer will resolve all disputes, claims, and appeals before certifying invoices for payment. Neither ROK MND nor ROK Defense Logistics Agency will pay any invoice or claim under this contract without prior U.S. Government certification of the invoice.

(c) Payment for Partial Deliveries: Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the U.S. Government, if (1) the amount due on the deliveries warrants it, or (2) the Contractor requests it and the amount due on the deliveries is at least either the local currency equivalent of $1,000.00 or 50% of the total contract price.

(d) Invoices: An invoice is a written request for payment for supplies rendered. In order to be proper, an invoice must include as applicable the following:

(1) Invoice date;

(2) Name and address of contractor;

(3) Contract number or other authorization for supplies delivered or service performed (including order number and contract line item number);

(4) Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed;

(5) Shipping and payment terms (e.g. shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading;

(6) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);

(7) Name, title, phone number and mailing address of person to be notified in event of a defective invoice; and

(8) Any other information or documentation required by other provisions of the contract (such as evidence of shipment).

(9) Invoices shall be prepared and submitted in five (5) copies (one copy of the invoice shall be marked “Original”) unless otherwise specified.

(e) Procedures for Payment by ROK MND:

(1) The Contractor shall forward to the Contracting Officer’s Representative (COR), for certification of inspection and acceptance, all invoices in five (5) copies.

(2) If the contractor doesn’t receive payment within 35 days of the government’s receipt of the invoices, the contractor should contact the COR.

(f) Payment Addresses:

ROK Ministry of National Defense Defense Logistics Agency (DLA) Seoul, Korea

5152.233-4008 – Choice of Law and Disputes under ROK MND Contracts

CHOICE OF LAW AND DISPUTES, ROK MND CONTRACTS

(a) This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with U.S. law.

(b) All disputes arising under, or relating to, this contract shall be resolved under this clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant; however, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the clause until certified as required by subparagraph (e)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the clause. The submission may be converted to a claim under the clause, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d) The contractor shall have the right to submit to the Contracting Officer, disputes, demands, and/or claims, relating to or arising under this contract, only on the issue of whether the Government should and will certify performance, for payment by the ROK Government. The contractor shall not submit to the U.S. Government, nor will the Contracting Officer accept, any disputes, demands, or claims for compensation for work, which the U.S. Government has certified as completed.

(e) Procedures

(1) A claim by the contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a decision by the Contracting Officer.

(2) For contractor’s claims exceeding $100,000, the contractor shall submit with the claim a certification that –

(i) The claim is made in good faith;

(ii) Supporting data are accurate and complete to the best of the contractor's knowledge and belief; and

(iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable.

(3) Individuals

(i) If the contractor is an individual, the certification shall be executed by that individual.

(ii) If the contractor is not an individual, the certification shall be executed by –

(A) A senior company official in charge at the contractor's plant or location involved; or

(B) An officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs.

(f) For contractor’s claims of $100,000 or less, the Contracting Officer will, if requested in writing by the contractor, render a decision within 60 days of the request. For contractor-certified claims over $100,000, the Contracting Officer will, within 60 days, decide the claim or notify the contractor of the date by which the decision will be made.

(g) The Contracting Officer's decision shall be final unless the contractor appeals the decision within 30 days of the Contracting Officer's decision, to the Principal Assistant Responsible for Contracting (PARC). In the event that the contractor does appeal the decision of the Contracting Officer, the appeal shall be heard by and decided by the PARC and/or a panel of U.S. officials, chaired by the PARC. The decision of this panel shall be final, and the parties agree that there are no additional appeal rights. The parties waive their rights to pursue any claim, appeal, or action arising from or relating to this contract, before any other civil court, board, authority, or other adjudicative body.

(h) The contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, or action arising under the contract, and comply with any decision of the Contracting Officer.

(i) This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S. Code, Sections 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved only in accordance with this local clause, 5152.233-4008.

Section J - List of Documents, Exhibits and Other Attachments

LIST OF CONTRACT DRAWINGS

LIST OF APPLICABLE CONTRACT DRAWINGS

PROJECT NO TITLE LOCATION

HS-00657-5J Repair Barracks Bldg. #82 for THAAD/ 2-1 ADA Batteries Camp Carroll

GENERAL: The work shall conform to the standard detail drawings (dated 30 November 2015, issued by the Department of the Army, Installation Management Agency, Korea Region Office and located USFK’s Web Page http://www.usfk.mil/Resources/ContractingwithUSFK.aspx), all of which form a part of the specifications.

Drawing No. Sheet No. Ref. No. Description Date

D-17-13 1 of 1 R-1 TITLE SHEET 13 Jun 17

“ 1 of 76 C-1 LOCATION PLAN “

“ 2 of 76 C-2 SITE LAYOUT PLAN AND SCOPE OF WORK “

“ 9 of 76 AE-3 REMOVAL PLAN - CEILING, LEGEND “

Drawing No. Sheet No. Ref. No. Description Date

“ 11 of 76 AE-5 REMOVAL PLAN - DOOR, WINDOW, LEGEND “

“ 13 of 76 AE-7 REMOVAL PLAN - FLOOR, LEGEND “

“ 17 of 76 AE-11 ELEVATIONS “

“ 22 of 76 AE-16 PARTIAL SECTION DETAILS, KEY PLAN “

“ 23 of 76 AE-17 CROSS SECTION, KEY PLAN “

Drawing No. Sheet No. Ref. No. Description Date

“ 32 of 76 M-1 LEGEND AND ABBREVIATIONS “

“ 33 of 76 M-2 EQUIPMENT SCHEDULE “

“ 34 of 76 M-3 GENERAL NOTES “

“ 35 of 76 M-4 GENERAL NOTES AND SCOPE OF WORK “

A-3 Drawing No. Sheet No. Ref. No. Description Date

D-17-13 36 of 76 M-5 EXISTING / REMOVAL HVAC PLAN 13 Jun 17

“ 37 of 76 M-6 EXISTING / REMOVAL PLUMBING PLAN “

“ 39 of 76 M-8 NEW HVAC PIPING PLAN “

“ 41 of 76 M-10 EXISTING / REMOVAL HVAC PLAN “

“ 42 of 76 M-11 NEW VENTILATION PLAN AND SECTION “

“ 43 of 76 M-12 NEW SEWER AND VENT PIPING PLAN “

“ 45 of 76 M-14 NEW DOMESTIC WATER PIPING PLAN “

“ 48 of 76 M-17 NEW MECH. ROOM PIPING PARTIAL PLAN “

“ 50 of 76 M-19 NEW FIRE PROTECTION PIPING PLAN “

“ 52 of 76 M-21 DETAIL DRAWINGS – 1 “

“ 53 of 76 M-22 DETAIL DRAWINGS – 2 “

“ 54 of 76 M-23 DETAIL DRAWINGS – 3 “

Drawing No. Sheet No. Ref. No. Description Date

D-17-13 55 of 76 M-24 DETAIL DRAWINGS – 4 13 Jun 17

“ 56 of 76 M-25 DETAIL DRAWINGS – 5 “

“ 57 of 76 M-26 DETAIL DRAWINGS – 6 “

“ 58 of 76 M-27 DETAIL DRAWINGS – 7 “

“ 59 of 76 E-1 LEGEND, NOTES AND SCOPE OF WORK “

“ 60 of 76 E-2 LIGHTING PLAN “

“ 61 of 76 E-3 POWER PLAN “

“ 62 of 76 E-4 HVAC POWER PLAN “

“ 63 of 76 E-5 COMMUNICATION PLAN “

“ 64 of 76 E-6 ENLARGED POWER PLAN “

“ 66 of 76 E-8 FIRE ALARM SYSTEM PLAN “

“ 67 of 76 E-9 FIRE ALARM SINGLE LINE DIAGRAM “

“ 69 of 76 E-11 COMMUNICATION SITE PLAN-1 “

“ 70 of 76 E-12 COMMUNICATION SITE PLAN-2 “

“ 71 OF 76 E-13 COMMUNICATION SITE PLAN-3 “

“ 72 OF 76 E-14 COMMUNICATION SITE PLAN-4 “

“ 74 of 76 E-16 PANEL SCHEDULE "L-2" AND "L-3" “

“ 75 of 76 E-17 PANEL SCHEDULE "L-4" AND "PC" “

Drawing No. Sheet No. Ref. No. Description Date

D-17-13 76 of 76 E-18 PANEL SCHEDULE "M" AND "MDP" 13 Jun 17

SUBMITTAL REGISTER

Note1. See the updated document in FBO.

Note2. The submittal register in Section J, identifies the documentation that will be made available for approval and review by the Government in the performance of this task order. It is the contractor's responsibility that this data is in compliance with the corresponding OMA specification that is referenced.

Section K - Representations, Certifications and Other Statements of Offerors

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)

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

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

(b) AFFILIATED OFFERORS:

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

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

(i) Whether the offeror has any affiliates;

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

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

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

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

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

(d) STANDARDS OF CONDUCT CERTIFICATION:

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

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

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

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

Firm ____________________________________________________ Name _____________________________________________________ Signature __________________________________________________

Title _____________________________________________________ Date of Execution ____________________________________________

(e) TAXES:

(1) References:

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

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

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

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

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

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

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

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

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

(ii) Special Excise Tax:

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

Name of item manufacturer

(iii) Value Added Tax (VAT):

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

(iv) Special Excise (Petroleum) Tax:

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

(v) Education Tax.

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

Oil Company:…