A21_-_Solicitation_17-T-0138.pdf

SEE ADDENDUM

(No Collect Calls)

W91QVN-17-T-0138 07-Sep-2017

b. TELEPHONE NUMBER

010-6586-4060

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 15 Sep 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91QVN9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SSG DYBDAHL, RICHARD T.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W8120T71650001

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCC YONGSAN, UNIT #15289

APO AP 96205-5289

UNITED STATES OF AMERICA (THE)

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W8120T 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ARMY FIELD SUPPORT BDE - FAR EAST

ATTN: AOAP LAB (OIL ANALYSIS)

APO AP 96271-5716

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

336211

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF23

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each 8.5ton Oil Truck

FFP

8.5ton load carrying capacity JP8 truck FOB: Destination

PURCHASE REQUEST NUMBER: W8120T71650001

NET AMT

NOTICE

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).

SALIENT CHARACTERISTICS

VEHICLE SALIENT CHARACTERISTICS

The proposed "equal product" must meet, or exceed the salient physical, functional, or performance characteristics specified in the solicitation.

A. REQUIREMENT.

Truck tank fuel servicing, diesel engine driven, left hand drive and heat/air conditioner

(a) Quantity: 2each.

(b) Brand Name or Equal: Must be an 8.5ton load carrying capacity JP8 oil truck made by Hyundai or equivalent.

Note 1: Vehicle/Equipment and furnished accessories shall comply with Korea Motor Vehicle

Safety Standard in effect on the date of manufacture. The Government reserves the right to accept alternate specifications as noted below.

Note 2: Vehicle shall meet or exceed National Fire Protection Association (NFPA) 407 & NFPA

385, Standard for Tank Vehicles for Flammable and Combustible Liquids.

B. DIMENSIONS

Overall Length (mm) MAXIMUM 8,450 (mm) Overall Width (mm) MAXIMUM 2,500 (mm) Overall Height (mm) MAXIMUM 3,300 (mm) Turning Radius (mm) MAXIMUM 9,450 (MM) Fuel Tank Capacity 8.5ton load carrying capacity (single compartment tank) JP-8 aviation fuel refuel/defuel Material of Tank Constructed of stainless steel

C. SPECIFIC REQUIREMENTS.

Vehicle Requireme nts:

- Engine Displacement: 6,000cc rated diesel or more (Diesel engine compatibility with aviation

JP-8 jet fuel)

- Transmission: Automatic or manual

- Seat Belts: Shall be installed on all seats

- Air Brakes, Power Steering Tilt & Telescoping Steering Column

- Auto Circuit Breakers (self-reset)

- Two hooks on front of vehicle for towing & rear tow hook

- 2 chock blocks with storage compartment

- Magnesium will not be used in the construction of any portion of the vehicle

- Rotating YELLOW light on top of cab

- Red emergency flare with triangle reflectors

- Spare tire with tire changing tools

- Snow chains, floor mat and side tinted windows

- Exhaust run out to front bumper with spark arrestor in addition to the muffler

- Electric Horn and Air Horn

- Radial front and rear tires. Mud & Snow tires rear axle

- Motorized right & left side mirrors

- Heated Flat mirrors

- Air Conditioning

- Metric odometer and speedometer (KM & KPH)

- Electric engine block heater (hot water type)

- Dome covers will be provided with a forward-mounted hinge and self-latching catches and be fitted with watertight fuel-resistant seals or gaskets (designed to prevent spillage or leakage from overturn and to prevent water entry). Dome covers will have capability to be locked with a pad-lock (provided by customer). Dome covers will automatically close and latch with the forward motion of the vehicle.

- Any drain lines from the Flash in the top of the tank, must divert that fuel (spilled or condensed) away from any source of ignition.

Exterior Finish: Exterior of vehicle and tank painted Olive Drab Green (Koreans refer to this as National Defense Color). Contractor will contact receiving office at 010-9375-5200 to color sample.

Fire Extinguishers: Two 20 pound (9 kg) Class C fire extinguishers

- One mounted near the pump on the driver’s side of the vehicle

- One mounted on the rear of the vehicle on the passenger side of the vehicle

Tank:

- - One vapor recovery manhole: Can vary from 16 inch (41 cm) to 20 inches (51 cm)

- One Inspection manhole: Can vary from 16 inch (41 cm) to 20 inches (51 cm)

- Capacity indicator in gallons

- Calibrated in one-fourth inch increments so contents can be accurately measured

- Measuring stick marked in one-fourth inch increments to measure fuel in tank

- Aluminum or stainless steel ladder mounted to rear of tank

- Overfill prevention system

- Capacity of tank marked in black color in Gallons and Liters

- Non-slip coating between flashing rails

- Equipped with a low point drain valve to allow water to be removed from the tank. The drain valve equipped with a secondary valve, cam lock adapter and lockable dust cap for safety purposes

- Wood shall not be used to separate tank from the frame/vehicle chassis or metal parts attached to the chassis.

Piping: All piping constructed of Stainless Steel. Piping shall be constructed with low point drain couplings to facilitate maintenance on pipe sections. Performing maintenance on the piping in the hose reel compartment and changing filter elements should be accomplished by simply closing some manual valves, not requiring the draining of the entire tank.

Sensing Lines: All sensing lines shall be stainless steel or Synflex tubing (Synflex tubing only used for sensing lines inside of the tank).

Bottom Loading System: Truck equipped with a bottom loading system and mounted on the driver’s side of the refueler. It shall be equipped with a brake interlock gate, a valve to control rate of flow, a pressure gauge, a 2.50 inch (6.35 cm) (no variance) and 3 inch male camlock bottom loading connection and dust cap. Equipped with a failsafe system which shall ensure loading is stopped automatically when vehicle tank is filled to its designated maximum capacity.

Recirculation: Equipped with vapor-free, closed system recirculation system to allow product recirculation through the filtration system and at least one hose into the tank via the bottom loading system. Tank suction and fill valves are separate and independent. This system shall be designed to prevent escape of fuel vapor and ensure complete bonding of equipment while system is in operation.

Control Panel: A control panel containing the following: pump pressure gauge, direct reading differential pressure gauges, Millipore sample ports, nozzle pressure gauge, valve operators and panel lights. Pressure gauges will indicate in Pounds Per Square Inch (PSI). All operational controls shall be marked for proper operations in Korean.

Filtration: Fuel shall pass through two filters. One filter at the inlet to the operating tank and one filter on the fueler-loading rack or hydrant delivery lines. Unit equipped with a 300 GPM (1,200L) (can vary from 200 to more than 300 GPM), three stage filter separator that meets or exceeds API 1581, Group II, Class C or MIL-PRF- 52308 standards. The vessel is manufactured IAW ASME (stamped and registered) and equipped with pressure gages to show the drop in pressure between the inlet and outlet side. Vessel equipped with a water float assembly controlling a pneumatically operated valve downstream and automatic air eliminator and emergency pressure relief valves that discharge directly into the cargo tank. Vessel is equipped with a spring loaded drain valve. The micronic filter shall meet the requirement of API 1590. Filtration equipment shall be designed so that fuel bypass is not possible. Fuel sampling capability located downstream from each filter separator.

Filter condition is displayed by two (inlet and outlet) direct reading differential pressure gauges. Gauge is equipped with a 0-30 PSI scale. Millipore style sample connections provided upstream & downstream of the Filter Separator. Sample connections equipped with dust plug and interlock valve to prevent connection of test apparatus while system is under pressure.

Meter: Meter certification showing date and certifying agent shall be provided at the time of delivery.

Metered defueling capability in U.S. gallons.

Hose: Equipped with one 1-1/2 inch (3.75 cm) by 50 foot (15 meter) hose and one 2.5 inch (6.35cm) by 50 foot (15 meter) hose equipped with a Dry-Break Disconnect connection at the nozzle end. Provide aviation type fueling hose. A hydrostatic test certificate shall be for each coupled length of hose and state the following:

(1) Manufacturer's name (hose)

(2) Manufacturer's name (couplings)

(3) Hose type

(4) Hose grade

(5) Size and length of hose

(6) Serial number or reference number of hose

(7) Quarter and year of manufacture of hose

(8) Model number of couplings

(9) Sizes of coupling ferrules

(10) Hydrostatic test pressures

(11) Coupled length serial number

(12) Date of certification

Lockable Compartment: Hose reels, bonding and grounding reels, inlet and outlet valves, drain spouts and meter(s) shall be installed inside a single, well ventilated, lockable compartment.

Bonding & Static Protection: All metallic components and vehicle chassis electrically bonded to prevent a difference in their electrostatic potential. A provision shall be made for the bonding of the tank to the loading rack and between the loading rack and fill pipe. Cables shall be provided on the vehicle to allow bonding operations specified in NFPA 407.

Hose Reels: Equipped with explosion-proof, electric rewind hose reel, with aluminum internals.

Nozzles:

- One Carter 64017 Military CCR Closed Circuit Refueling (CCR) nozzle, 1.5 inch inlet, superseding MIL-C- 53071) Type 1, Class A & B with 100 mesh screen.

- One Aluminum & Stainless Steel D3 Swivel Adjustable 0° to 45° nozzle, 2.5 inch inlet, with 100 mesh screen and Bar Hand Grips conforming to SAE-AS5877

- One Commercial Gravity Fill Adapter (GFA) open port nozzle connecting to CCR nozzle.

- One 2-1/2 inch to 1.5 inch reducing quick-disconnect coupler.

Pump: Fuel servicing capacity of 300 gallons per minute (GPM) at 45 PSI at the discharge end of the pump.

Pressure control for operator to specify pressure fueling rating from 0 to 45 PSI.

Emergency Shutoffs: Two (2) emergency shutoff controls. One mounted on each side of the vehicle. These controls shall be quick-acting to close the tank outlet valve in case of emergency.

Deadman: Deadman control maintained by the Pressure Control System. The deadman control shall include 25 feet (7.6 meter) of reel stored hose. The control valve shall be located and designed so that it will not be rendered inoperative by a surface accident, power failure, or spill. It shall be fail-safe by closing completely in the event of control power loss.

Nozzle/Bottom Loading Interlock System: Interlocks air operated and engages vehicle brakes when the bottom-loading gate is removed from its stowed position or when the nozzles are out of their stowed positions.

Unit equipped with a brake actuator system to prevent travel while the power take-off is engaged. Vehicle shall incorporate an integral brake interlock system that prevents the vehicle from being moved until the bottom loading coupler has been disconnected from the vehicle.

Unit equipped with a brake interlock override to allow movement of the refueler during emergencies.

An audible buzzer is activated when the override is activated.

Ground Reel: One mounted on vehicle and equipped with a heavy-duty ground clamp and stop ball.

GROUNDING/BONDING CABLES: Grounding cable will consist of a single 50 foot (15m) cable with a 15 foot (4.5m) “Y” branch on the using end. A “jaw” type electrical bonding clamp will be connected to both ends of the “Y”. The cables shall be constructed of conductive, durable, and flexible material. Bonding connections shall be electrically and mechanically firm. Clamps and connecting points shall be clean, unpainted metal to provide a positive electrical connection.

Safety Markings: Marked on Sides and Rear in English & Korean (Black Paint):

- FLAMMABLE – marked on both sides and the back of the tank body, stenciled in block letters, 6 inches (152.4 mm) high and shall be of a color that contrasts with the background for visibility (black) in English and Korean.

- NO SMOKING WITHIN 50 FEET – marked on both sides and the back of the tank body, stenciled in block letters 3 inches (76.2 mm) high and shall be of a color that contrasts with the background for visibility (black) in English and Korean.

- (Number) GALS – marked on both outside near the manhole cover with the gallon capacity stenciled in block letters and numbers, 2 inches (50.8 mm) high and shall be of a color that contrasts with the background for visibility (black). Liter capacity will be added.

- JP8 – marked on both sides of the tank body, vertically centered toward the rear of the tank.

These markings should be 4 inches (101.6 mm) high and shall be of a color that contrasts with the background for visibility ( black).

- EMERGENCY FUEL SHUTOFF (method of operation) – marked adjacent to each emergency fuel shutoff control in block letters also indicating method of emergency fuel shutoff operation, e.g., Push, Pull, Turn, etc. It shall be marked in letters at least 2 inches (50.8 mm) high and shall be of a color that contrasts with the background for visibility (black) in English & Korean.

Training: Onsite operations and maintenance training included. Minimum 4hr training for end users on how to operate the equipment within seven (7) days after delivery date at each receiving location.

Warranty: Minimum 5 years after the date of delivery or 40,000km, whichever comes first. The warranty work will be provided by following firm or team under the supervision of manufacturer.

a. For Seoul area: (*) to be inserted by contractor

Name of Firm or team: *

Address: *

Telephone No.: *

b. For Daegu area:

c. For Waekwan area:

Manufacture Certification and Technical Manual (In Korean):

W91QVN-17-T-0138

a. One (1) certificate of manufacturer specifying USFK as vehicle’s owner and temporary license plate for each vehicle at the time of delivery.

b. Two (2) sets of operator’s manual in English & Hangul and two (2) sets of technical manual

(parts catalog and service manual) in Hangul & English for each vehicle to be furnished for consignee by contractor at the time of delivery.

Accessories: Shall be installed on manufacturer's standard production model.

D. INTENDED USE. The vehicles covered by this specification are intended for general use by the U.S. Government in transporting JP8. The vehicles furnished hereunder shall be delivered ready for immediate use.

E. SAFETY. Each vehicle shall comply with Korean domestic safety and exhaust emission control requirements.

F. DELIVERY POINT. The places listed below may be changed within 300km without any additional cost to the government.

Two (2) each: LRC-Henry (Daegu), ATTN: Ms. Chong, Yon Hui (0503-368-7350)

G. DELIVERY DATE. The vehicles shall be delivered at the delivery point specified above within 90 calendar days after delivery order is issued.

H. INSPECTION AND ACCEPTANCE. The receiving officer or his authorized representative at the respective delivery point shall conduct inspection for condition, quality, quantity count, and final acceptance of the supplies delivered under this delivery order.

DELIVERY/PAYMENT INFORMATION

* DELIVERY LEAD TIME : Delivery Point is shown below and delivery shall be made by 90 calendar days after receipt of order to the designated place.

POC: Ms. Chong, Yon Hui (0503-368-7350)

2Each: LRC Henry (Daegu), ATTN: Ms. Chong, Yon Hui (0503-368-7350)

SCHEDULE:

1. INSPECTION AND ACCEPTANCE: The receiving officer or his authorized representative at the respective delivery point shall conduct inspection for condition, quality, quantity count, and final acceptance of the supplies delivered under this delivery order.

2. NOTICE TO RECEIVING OFFICER (KOREA): Upon receipt and acceptance of supplies, the Receiving Officer is responsible for preparing a receiving report on DD Form 250. The Receiving Officer is required to complete the entire DD 250 and distribute to the Procurement Technician:

Mr. Kim, Son Sik, 411th CSB, Korea, Unit 15289, APO AP 96205, TEL: 724-7017 (DSN), or email:

sonsik.kim.ln@mail.mil

3. RECEIVING OFFICER’S NOTIFICATION TO PURCHASING ACTIVITY OF NON-RECEIPT,

DAMAGE OR NON-CONFORMANCE: The Receiving Officer shall notify the Contracting Officer promptly after date of delivery specified in the contract, of supplies not received, damaged in transit, or not conforming to specifications of the contract. Only under extenuating circumstances should such notification be made later than 15 days after specified dated of delivery.

4. Payment Office for LCS Project: ROK Ministry of National Defense Defense Logistics Agency (DLA) POC: MAJ Lim, Phone: 02-748-5752

5. Payment Office POC: Army Field Support BDE - FAR EAST

AOAP LAB, APO AP 96271

ATTN: To Yong Kwon TEL: 763-4618 E-mail: toyong.kwon2.In@mail.mil

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.211-6 Brand Name or Equal AUG 1999 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (JAN 2017) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019)

JAN 2017

52.222-50 Combating Trafficking in Persons MAR 2015 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.247-34 F.O.B. Destination NOV 1991 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 52.252-2 Clauses Incorporated By Reference FEB 1998 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7006 Passive Radio Frequency Identification JUN 2016 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance

Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016)

SEP 2015

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

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)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

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

QUOTATION INFORMATION & REQUIREMENT

1. Quotations shall be submitted to the Federal Business Opportunities (FBO) website (https://www.fbo.gov/), or if FBO is not available, email to richard.t.dybdahl.mil@mail.mil with the evidence document such as screen shot. The FBO unavailability is limited to ONLY FBO server problem not individual failure/problem. The Government requests all questions be emailed to richard.t.dybdahl.mil@mail.mil within 5 days after the solicitation is issued.

The electronic bid shall be submitted by the closing date and time of the solicitation, which can be found in Block 8 on page 1 of this solicitation. The local time is Korea Standard Time (KST). Partial quotation will not be acceptable.

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

a. Technical Proposal:

i) Technical proposal shall contain description/specification of each listed item including manufacturer name and model/part number as applicable.

ii) The proposed “equal product” must meet, or exceed, the salient physical, functional, or performance characteristics specified in the solicitation; and must include the manufacturer's name and model/part number as applicable. For equal products, copying and pasting salient characteristics as listed in the solicitation for each item without providing supporting documentation and/or information is not acceptable, and will not be considered for an award.

iii) Even if the exact "brand name" is submitted, the offerer shall submit the respective specifications with their quotation.

b. Past Performance: Furnish information indicated below for contracts in progress and the three (3) most recent government and commercial contracts offeror has performed during the past three (3) years of the similar scope and similar dollar value as that contained in the solicitation.

i. Contract Number

ii. Contract Date

iii. Contract Amount

iv. Contracting Agency

v. Project Officer & Phone #

vi. Project Description

Satisfactory or higher past performance rating on the government and commercial projects similar in nature, scope and dollar value to the subject solicitation during the past three (3) years will be considered as “Acceptable Past Performance”.

If the offeror is a new entrant to the business and/or no past performance data is available, the offeror shall indicate “NEW ENTRANT” on the past performance proposal and the offeror will be considered to have “Neutral Rating.” .

It will be considered to be “Acceptable”.

Each offeror shall submit any known adverse past performance information including all relevant supporting details with their proposal. Each offeror shall provide a copy of any cure notices or show cause letters received on each contract listed and a description of any corrective action by the offeror. The offeror shall also provide the information listed above on any contract that has been terminated, in whole or in part, for default during the past three (3) years, or any contracts which are currently in the process of such termination. This information is required for any contract, whether similar or not to the proposed effort.

The Government reserves right to conduct investigation of the offeror’s past performances, not limited to the listed past performances on the Past Performance proposal.

c. Price Schedule.

d. Offeror’s status as a Korean contractor (For LCS Project):

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).

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

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

5. In accordance with FAR 25.1002, solicitations for contracts to be entered into and performed in Korea, to ensure a fair evaluation of offers, the Government will use the Government current fiscal year conversion rate.

(End of Summary of Changes)

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

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

(b) AFFILIATED OFFERORS:

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

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

(i) Whether the offeror has any affiliates;

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

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

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

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

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

(d) STANDARDS OF CONDUCT CERTIFICATION:

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

(i) Name ______________________________________________

Former rank/grade ____________________________________ Last US Government position ___________________________

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

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

Firm ____________________________________________________ Name _____________________________________________________ Signature __________________________________________________

Title _____________________________________________________ Date of Execution ____________________________________________

(e) TAXES:

(1) References:

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

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

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

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

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

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

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

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

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

(ii) Special Excise Tax:

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

Name of item manufacturer

(iii) Value Added Tax (VAT):

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

(iv) Special Excise (Petroleum) Tax:

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

(v) Education Tax.

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

Oil Company: _________________________________________ (Name only)

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

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation.

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

5152.229-4013 TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA

This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States, granting Contractors exemption from Republic of Korea Special Excise Taxes. At the time this contract is awarded the Contractor shall indicate to the Contracting Officer which items will be purchased for the contract that are subject to Special Excise Tax. It shall indicate the name of the item, the number of units to be purchased, the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the manufacturer of the item. The Contracting Officer will verify the reasonableness of the quantities claimed and ensure that the Contractor has certified that the contract price excludes Special Excise Tax on those items subject to the tax. The contractor shall purchase the special-excise-taxed items from the manufacturer, tax-inclusive. For construction and single-delivery type supply and service contracts, the contractor shall employ the following procedure: At the time it purchases the items it shall present the manufacturer with a notification letter requesting refund of the Special Excise Tax. (Copies of this letter can be obtained from the 411th CSB, Korea Contracting

Officer.) The manufacturer will endorse the letter to the manufacturer's District Tax Office which will make refund to the manufacturer. The manufacturer will make subsequent refund to the Contractor. Requests for refund under requirements-type contracts will be submitted monthly and will be accompanied by copies of the USFK delivery orders issue

5152.229-4014 TAX EXEMPTION, VALUE ADDED TAX, REPUBLIC OF KOREA

This clause implements Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, which exempts contractors from paying the Republic of Korea Value-Added Taxes.

When the contractor submits an offer, it shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any Value-Added Tax; and further, that the proposed contract price includes no Value-Added Tax. The contractor shall also indicate the amount and type of Value-Added Taxes excluded from the contract price. If supplies and/or services which the contractor purchases for this contract include Value-Added Taxes, it can obtain a full refund for the amount of the Value-Added Tax by submitting to the ROK District Tax Office tax invoices which the contractor receives when it purchases materials and/or services for this contract. The contractor must submit a copy of the USFK contract with its first tax invoice submission. Subsequent tax invoice submissions must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

5152.229-4015 TAX EXEMPTION, POL PRODUCTS, REPUBLIC OF KOREA

(a) This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, granting Contractors exemption from Republic of Korea taxes for petroleum products (POL) utilized on USFK acquisitions in the Republic of Korea. At the time this contract is awarded, the Contractor shall make a final nomination in writing of its point of purchase for POL products to be used on this contract. If the Contractor intends to purchase directly from an oil company refinery, it may nominate any of the three ROK oil companies below which have agreed to sell to Contractor FOB refinery at the SET-exempt price.

List of Oil Companies and their Respective Tax Offices

(1) Hyundai Oil Refinery Co., Ltd.: Dong-Inchon District Tax Office ATTN: POL Tax Administrator Inchon City, Korea

(2) SK Corporation: Ulsan District Tax Office ATTN: POL Tax Administrator Ulsan City, Kyongsan Nam Do, Korea

(3) LG Caltex Company: Yosu District Tax Office ATTN: POL Tax Administrator Yosu City, Chonla Nam Do, Korea

(b) If the contractor instead intends to purchase its POL products from an individual gasoline station, the Contracting Officer will advise the contractor as to which individual gasoline stations will sell to it at the SET-exempt price. The contractor shall specify from which of those stations it will purchase. In addition to specifying the oil company/gas station, the Contractor shall state the estimated quantity and the amount of POL to be purchased from each refinery/gas station. The USFK Contracting Officer will verify the reasonableness of the amounts of POL products claimed for use on the contract and, based on this verification, the USFK Responsible Officer will issue USFK POL Tax Exemption Coupons. If the Contractor wishes to purchase from an individual gas station, it will be required to make advance payment for the amount of POL covered by the coupons. Advance payment will be at the SET-exempt price and will be made to the gas station(s) previously nominated. Representatives from the nominated gas station(s) shall be present at the issuing session. They will collect the advance payments, mark “paid” on the back of the original copy of the coupons issued, and provide the purchasing Contractor with tax invoices to be used by the Contractor to obtain SET refund from its governing ROK District Tax Office. All coupons for construction contracts will be issued at the time of award. Coupons for requirements-type contracts will be issued on a delivery order increment basis or on a monthly basis. Pre-selected oil company refineries will sell their POL products at the SET-exempted prices upon presentation of the coupons. Individual gas stations, which have previously collected POL payment in advance will accept the pre-paid USFK POL Tax Exemption Coupons from contractors and will provide the POL amounts reflected on tendered coupons without any further charge.

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…