(LCS)___RFP_W91QVN-18-R-0079_(signed)_(11212018).pdf

0011056130

Title: IDIQ Contract for Repair and Construction of General Building, USAG Daegu

POC: Mr. Anthony C. Dunaw ay, Contracting Officer, e-mail: anthony.c.dunaw ay.civ.mail.mil, Tel: 053-470-7820 or 768-7820 (DSN)

Ms. Yim, Mi Suk, Contract Specialist, e-mail: misuk.yim.ln@mail.mil, 053-47-7222 or 768-7222 (DSN)

NOTE: Questions shall be emailed to both POCs above.

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

20-Nov-2018

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________26 Dec 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______240 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO DAEGU, UNIT #15682

APO AP 96218-5682

UNITED STATES

W90VN9

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W91QVN18R0079 82

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W91QVN18R0079

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base Year

FFP

The contractor shall provide all necessary resources to perform repair and upgrade of general buildings, Area IV in accordance with the statement of work, specifications, drawings at all terms and conditions contained herein. Actual work to be performed will be identified by individual task order issued under the line item. ***Unit price shall include total amounts covering all line items for Base

Period outlined in Attachment 1 in Section J***

FOB: Destination

PURCHASE REQUEST NUMBER: 0011056130

PSC CD: C219

NET AMT

0002 1 Lot Estimated cost for War Hazard Losses

FFP

is zero (0)

FOB: Destination

1001 1 Job OPTION 1st Option Period

FFP

The contractor shall provide all necessary resources to perform repair and upgrade of general buildings, Area IV in accordance with the statement of work, specifications, drawings at all terms and conditions contained herein. Actual work to be performed will be identified by individual task order issued under the line item. ***Unit price shall include total amounts covering all line items for 1st

Option Year Period outlined in Attachment 1 in Section J***

1002 1 Lot OPTION Estimated cost for War Hazard Losses

FFP

2001 1 Job OPTION 2nd Option Year

FFP

The contractor shall provide all necessary resources to perform repair and upgrade of general buildings, Area IV in accordance with the statement of work, specifications, drawings at all terms and conditions contained herein. Actual work to be performed will be identified by individual task order issued under the line item. ***Unit price shall include total amounts covering all line items for 2nd

Option Year Period outlined in Attachment 1 in Section J***

2002 1 Lot OPTION Estimated cost for War Hazard Losses

FFP

3001 1 Job OPTION 3rd Option Year

FFP

The contractor shall provide all necessary resources to perform repair and upgrade of general buildings, Area IV in accordance with the statement of work, specifications, drawings at all terms and conditions contained herein. Actual work to be performed will be identified by individual task order issued under the line item. ***Unit price shall include total amounts covering all line items for 3rd

Option Year Period outlined in Attachment 1 in Section J***

3002 1 Lot OPTION Estimated cost for War Hazard Losses

FFP

4001 1 Job OPTION 4th Option Year

FFP

The contractor shall provide all necessary resources to perform repair and upgrade of general buildings, Area IV in accordance with the statement of work, specifications, drawings at all terms and conditions contained herein. Actual work to be performed will be identified by individual task order issued under the line item. ***Unit price shall include total amounts covering all line items for 4th

Option Year Period outlined in Attachment 1 in Section J***

4002 1 Lot OPTION Estimated cost for War Hazard Losses

FFP

GENERAL DESCRIPTION

B-1. DESCRIPTION

1. The Contractor shall provide all labor, tools, materials, transportation, equipment, supplies, and other necessary resources for Repair and Construction of General Building, Area IV in accordance with the Statement of Work (SOW), specifications, drawings and terms and conditions contained herein.

2. The statement of work (SOW) in this section broadly defines repair and upgrade of general buildings and exterior site. Each individual purchase task order shall be issued which specifically defines the scope of work to be performed herein. Pricing for the work to be performed shall be taken from the Sub-CLINs associated with each line item that are incorporated into the contract.

B-2. CONTRACT TYPE: This is a Multiple Award Indefinite Delivery Indefinite Quantity (MA IDIQ) Task Order Contract. All supplies/services will be obtained by individual task orders issued by the Contracting Officer, 411th Contracting Support Brigade (CSB).

B-3. MINIMUM GUARANTEE/MAXIMUM AMOUNT

1. If the Government determines to make multiple awards, each IDIQ contract award will have a minimum guarantee of $3,000 for base year only regardless of the number of awards. The maximum potential ceiling amount of all the task orders issued under this IDIQ contract will not exceed $10,000,000 for the base and option years. The total of all contracts awarded will not exceed the ceiling amount of $10,000,000 during the five years.

This is the Government's best estimate for level of effort required at this time.

2. The minimum guarantee for the total IDIQ is provided in the amount of $3,000 and shall be obligated by issuance of a task order during the base period. The maximum potential ceiling amount including all options is $10,000,000. The minimum guarantee in the Base Year will be equivalent to the Contract Korean Won Rate for the following dollar amounts.

3. The Government anticipates award of multiple contracts as a result of this solicitation.

B-4. ELIGIBILITY FOR AWARD

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

Minimum Guarantee

Base Period $3,000

1st Option Period $0

2nd Option Period $0

3rd Option Period $0

4th Option Period $0 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 C - Descriptions and Specifications

TECHNICAL PROVISIONS - I

STATEMENT OF WORK

FOR

PROJECT NO. TITLE LOCATION

N/A IDIQ Contract for Repair and Construction of General Building Area IV

01. DESCRIPTION: The work to be performed for completion of this project shall be in general as described below and executed by one or more of the groups.

a. Work by Contractor: The contractor shall provide all labor, tools, equipment, supplies and any other resources necessary to accomplish the scope of work contained herein as listed on the bidding schedule for all US forces installations in Area IV in accordance with the drawings and specifications.

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

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

02. PRINCIPAL FEATURES: This project includes the following principal features:

See the Attachment 1, Pricing Schedule for work requirements in Section J.

TECHNICAL PROVISIONS - II

DETAIL SPECIFICATIONS

FOR

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

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 I 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 5 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 Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency

Services or Security Office. Contractor workforce must comply with all personal identity verification requirements

(FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or http://jko.jten.mil/ local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force

Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

18.2.1. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled

NACI at the Office of Personnel Management.

18.2.2. 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.

18.3. 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 14 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 Area IV, 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 E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the

Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the

Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the

Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

Section F - Deliveries or Performance

DELIVERIES OR PERFORMANCE

1. CONTRACT PERIOD

The contract period shall be twelve (12) months from the effective date of the contract, renewable at the option of the government for four (4) additional twelve (12) months periods from the expiration date of the contract.

2. PERFORMANCE PERIOD FOR TASK ORDERS (APR 1984)

All work under this contract shall be performed only upon issuance of a task order signed by the Contracting Officer or by his representative duly authorized in writing. After receipt of each task order, the Contractor shall complete the work described in the task order based on the following performance schedule:

If task order amount is for; Performance period is;

W5,000,000 or less 35 calendar days *ARO

W5,000,001 to W50,000,000 70 calendar days ARO

W50,000,001 to W100,000,000 100 calendar days ARO

W100,000,001 to W290,000,000 140 calendar days ARO

Over W290,000,000 Performance period will be determined when the task order is issued.

*ARO: After receipt of task order

3. PERFORMANCE PERIOD FOR TASK ORDER - ALTERNATE

If after receipt of the task order the contractor is not allowed access to the construction project, or the project is not readily available the contractor shall contact the Contracting Officer immediately for a new commencement date, in which event the performance period shall be computed from any new commencement date established by the

Contracting Officer.

4. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (FAR 52.212-03, APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days ARO (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (See para 2 above) calendar days after the date the contractor receives the Notice to Proceed. The time stated for the completion shall include final cleanup of the premises.

5. NOTICE TO PROCEED

Every task order issued under this contract shall constitute a Notice to Proceed.

6. ORDERING (OCT 1995)

a. Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in the schedule. Such orders may be issued from the date of award through twelve (12) months from the date of award.

b. All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

c. If mailed, a task order is considered "issued" when the Government deposits the order in the mail. Order may be issued orally or by written telecommunications only if authorized in the schedule.

7. TASK ORDER LIMITATIONS (OCT 1995)

a. Minimum order: When the Government requires supplies or services covered by this contract in a quantity of less than $3,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

b. Maximum order: The Contractor is not obligated to honor -

(1) Any order for a single item in excess of W290,000,000

(2) Any order for a combination of items in excess of W290,000,000

(3) A series of order from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

c. Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) work days after issuance, with written notice stating the Contractor's intent not to ship the items (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

8. INDEFINITE QUANTITY (OCT 1995)

a. This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

b. Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “minimum”. The Government shall order at least the quantity of supplies or services designated in the Schedule as the “miniimum”.

c. Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

d. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date as specified in each task order.

9. OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in contract. These rates may be adjusted only as result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Office may exercise the option by written notice to the Contractor with

15-30 days after the date of sward

10. OPTION TO EXTEND TERM OF CONTRACT (NOV 1999)

a. The Government may extend the term of this contract by written notice to the Contractor within the time specified in the Schedule; provided that the Government shall give the Contractor a preliminary written notice of its intent to exceed at least 60 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

b. If the Government exercises this option, the extended contract shall be considered to include this option provision.

c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty-six (66) months from the date of award.

11. AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for performance under this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

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

The Contractor shall be required to (a) commence work under this within 10 calendar days after the date the

Contractor receives the Task Order (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the established performance period of each Task Order. The time stated for completion shall include final cleanup of the premises.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least not less than 50 percent of the total amount of work to be performed under each task order.. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the

Contracting Officer determines that the reduction would be to the advantage of the Government.

Section G - Contract Administration Data

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection

201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition 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

Section H - Special Contract Requirements

H-1. ORDERING PROCEDURES FOR TASK ORDERS

1. When the Government requires work under the Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) contracts for “DESCRIPTION OF THE REQUIREMENT”, the procedures in this clause will be followed. In accordance with FAR 16.505(b) “Orders Under Multiple Award Contracts”, the contracting officer shall give every awardee a fair opportunity to be considered for each order exceeding $3,000 unless one of the following statutory exceptions applies:

1.1 The agency’s requirement is so urgent that providing a fair opportunity would result in unacceptable delays.

Note: Lack of proper planning or end of fiscal year funding time constraints do not constitute an urgent need.

1.2 Only one contractor is capable of providing the requirement at the level of quality required because the requirement is unique or highly specialized.

1.3 A sole source is in the interest of economy and efficiency as logical follow-on to an order already issued under the fair opportunity procedures.

1.4 It is necessary to place an order to satisfy the minimum order guarantee.

1.5 For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

2. Task Order Award Decision:

2.1 Streamlined Ordering Procedures: Whenever possible for requirements under $50,000 [total project cost per the Independent Government Cost Estimate (IGCE)], task orders will be awarded without a Request for

Proposals (RFP) or discussions with the contractors. The Government will use information available from the fixed-price line items in the contracts and past performance history under the contracts to select the order awardee which represents the best value. The contracting officer may also consider other factors such as capacity of the contractor(s). The Government will notify all contractors when a Task Order is awarded under these procedures.

2.2 OVER AND ABOVE (O/A) WORK ITEMS: If items are not listed in the fixed price items in the contract, additional items may be added to complete the requirement that is under $50,000 (total project cost per the

IGCE). The O/A item may be established to capture those minor and/or infrequent work items that are not listed in the fixed price line items but must be accomplished for the general scope of the task order that is under

$50,000. The following will be applied in the execution of the O/A item:

2.2.1 The Government and/or the Contractor may identify the need for the effort to be considered for the

O/A. However, the Government will make the final unilateral determination for the need of the requirement.

2.2.2 A Request for Proposal (RFP) will be issued by the Government for the O/A item and upon the

Government’s acceptance, incorporated into the task order as an O/A item.

2.2.3 OVER AND ABOVE WORK MAXIMUM AMOUNTS: The maximum amounts of O/A work to be incorporated into the task order cannot exceed 20% of the total work.

2.3 RFP Ordering Procedures: For requirements over $50,000 (total project cost per the IGCE), an RFP will be issued and will include a statement of work, drawings, evaluation criteria, and any other requirements for submission. The Task Order award will be made on the basis of award clause included in the RFP. In the event a Contractor is unable to submit an offer in response to an RFP, the Contractor shall notify the Contracting

Officer in writing by the date and time identified in the solicitation.

2.3.1 For requirements between $50,000 and $250,000, an RFP will be issued via email to every awardee.

The RFP will include a statement of work, drawings, evaluation criteria and any other requirements for submission. The Contractor shall not propose an increase to the unit prices offered in its Master Pricing

Schedule when the proposal is submitted. Any new proposed unit prices shall be equal or lower than the existing unit prices offered in its Master Pricing Schedule.

2.3.2 For requirements exceeding $250,000, an RFP will be issued through Federal Business Opportunities

(FBO) website (https://www.fbo.gov/) to every awardee and existing Korea Wide General Construction

IDIQ MA contractors.

2.3.3 This contract consists of all U.S. Forces Installations in, Area IV

2.3.4 ANTI-TERRORISM AND OPERATION SECURITY (AT/OPSEC): Access and General

Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Air Force controlled installation, facility or area. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of

Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition

(FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

2.3.5 Task Orders will be issued on a DD Form 1155 signed by the contracting officer. Orders may be transmitted via mail, telephone, facsimile or electronically. The Task Order becomes binding when the

Contracting Officer signs the Order. The appropriate issuing and payment offices will be cited on each

Task Order.

2.3.6 In accordance with FAR 16.505(a)(10)(i)(B)(2), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, maximum value of the contract or is valued in excess of $25 million. Protests of orders in excess of $25 million may only be filed with the

Government Accountability Office (GAO), in accordance to FAR 33.104.

2.3.7 Ombudsman: If the contractor believes that it was not fairly considered for a particular Task Order, the contractor may present the matter to the Contracting Officer. The Contractor may then appeal the explanation or decision of the Contracting Officer to the 411th CSB ombudsman, who is the 411th CSB

Principal Deputy, at the following address: 411th CSB, Unit 15289, APO AP 96205-5289. The ombudsman will review the Contractor's complaint to ensure that the contractor was afforded a fair opportunity to be considered, consistent with the procedures in the contract.

H-2. AVAILABILITY OF FUNDS (APR 1984)

1. Funds are not presently available for performance under this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

H-3. ON AND OFF RAMP PROCEDURES

1. This solicitation provision/contract clause allows for the Government’s flexibility to remove (i.e. “Off Ramp”) and/or add (i.e. “On Ramp”) contracts from the original Multiple Award Indefinite Delivery / Indefinite Quantity

(MA IDIQ) pool of vendors after the initial contract awards are made. The intent of the Government is to award to multiple vendors with the ability to add and/or remove awarded contracts during the contract period of performance in order to maintain a viable competitive environment.

2. Off Ramp: The Government may…