W91QVN18T0025_Final.docx
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W91QVN-18-T-0025
Section SF 1449 - CONTINUATION SHEET
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 9,000 |
| Pair |
Socks (Camp Casey, South Korea)
FFP
See detailed salient characteristics.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011123565
PSC CD: 8430
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 18,483 |
| Pair |
Socks (Yongsan, South Korea)
FFP
See detailed salient characteristics.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011123565
PSC CD: 8430
NET AMT
SALIENT CHARICTERISTIC
Ball: Cushion more than 5 mm thick.
+/-10% variance is acceptable +/-10% variance is acceptable Toe: Cushion more than 5 mm thick.
+/-10% variance is acceptable Leg Band: required to be longer than 6 (Six) inch.
+/-10% variance is acceptable.
· Footbed cushion 5mm and above
· Cotton (above 70%)
· White and no logo
· Package: 3 pairs of socks per package
QUOTATION INFORMATION
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 suok.yun.ln@mail.mil with the evidence document such as screen shot. The FBO unavailability is limited to ONLY FBO server problem not individual failure/problem. All questions should be emailed to suok.yun.ln@mail.mil within two (2) days after the solicitation is issued. The electronic bid shall be submitted by the closing date and time of the solicitation. Partial quotation will not be acceptable.
2. The offeror(s) shall submit the following requirements IAW Para 1 above.
1. Price Schedule.
1. Technical Proposal:
i) Specification for the proposed items. The contractor shall submit the detailed specification for the proposed items along with the quotation, even if the quoter proposed the same item. Quoters who fail to submit all of the specified information will not be considered for award. Note: Copy and paste of salient characteristics of RFQ with each item in the quotation is not acceptable and will not be considered for an award.
ii) Sample submission
1. Sample Submission:
i) See 52.214-20 -- Bid Samples.
ii) Upon request from Government, the offeror shall deliver a sample (a pair of sock) within five (3) days to the designated place: Room# 118, building No. 1685, 255-34 Ichung-dong, Namgu, Daegu City (Camp Henny), Kyongsangbouk-do, South Korea. Postal Code: 42436 POC: Mr. Yi, Tae Kyu, DSN: 763-4619, email : taekyu.yi2.ln@mail.mil.
iii) Sample shall meet or exceed the salient characteristics of the solicitation. If awarded, the offeror shall deliver the exact items with sample.
d. Sample disposal: The offeror shall pick up their samples within three days after notification from the Government. If the offeror does not pick up sample, it will be destroyed without further actions.
3. Failure to submit the paragraph 2 above requirements shall be grounds for determining the offer technically unacceptable, and ineligible for contract 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)
DELIVERY/PAYMENT INFORMATION
ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS
a. Delivery to: The contractor shall contact the Receiving Officer for the end user’s place before delivery is performed. The delivery place is located in South Korea. The Contractor shall deliver all item to each delivery place with the specified quantities as following. The unloading to warehouse at the delivery place will be done by the contractor. The delivered items shall be the same with the submitted sample.
i) QTY: 9,000 pair (SSMO 38, CP Casey)
Delivery Address:
LRC-Casey, Dongducheon SSMO 38, Class I
APO AP 96258-5707
ATTN) Mr. Yi, Hon Chong/DSN:730-6736
ii) QTY: 18,483 pair (SSMO 51, Yongsan)
Delivery Address:
LRC-Yongsan, South Post Subsistence Supply Management Office (SSMO) 51, Class I
APO AP 96205-5333
ATTN) Mr. Yi, Tong Hun/DSN: 736-3009
Receiving Officer: Mr. Yi, Tae Kyu, DSN: 763-4619, E-mail: ) taekyu.yi2.ln@mail.mil
b. TIME OF DELIVERY: No later than 30 days after receipt of order or modification. Partial delivery is not authorized.
2. INSPECTION AND ACCEPTANCE: 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 Purchase Order.
3. PAYMENT: All request for payment, invoicing, and payment status will be referred to addressee in Block # 18a. All problems on payment of accounts will be directed to the same office. Telephonic inquiries maybe made between 8 AM to 11AM, Monday thru Friday. Phone: 011-822-7913-4587 (COMM), 723-4587 (DSN). Payment will be made NET 30 days from date of receipt of invoice in paying office or acceptance of material/services by the local Receiving Officer, whichever is later.
4. NOTICE TO RECEIVING OFFICER: Upon receipt and acceptance of supplies, the receiving report shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF) at the web site https://wawf.eb.mil CAUTION: Failure to provide completed receiving report on a timely basis may result in a loss of discount, in which event the Receiving Officer is required to furnish reasons for delay so that proper documentation maybe made to explain the loss.
5. RECEIVING OFFICER’S NOTIFICATION TO PURCHASING ACTIVITY OF NON-RECEIPT, DAMAGE OR NON-CONFORMANCE: The Receiving Officer shall notify the Purchasing Office promptly after date of delivery specified in the purchase order, of supplies not received, damaged in transit, or not conforming to specifications of the purchase order. Only under extenuating circumstances should such notification be made later than 15 days after specified date of delivery.
6. INVOICE SUBMITTAL:
a. The Contractor shall submit the invoice IAW DFARs 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Upon notification from the Receiving Officer, the invoice shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF) at the web site https://wawf.eb.mil .
b. The invoice for payment will not be processed until all items are delivered.
7. NOTE: Contractor shall ensure that a copy of Government Purchase/Delivery Order (SF 1449) is included in Packing List/Invoice ATTACHED to the outside of the shipping container.
BASIS OF AWARD
(a) The Government will award a contract resulting from this solicitation to the responsible offeror having submitted the lowest-priced, technically acceptable offer that satisfies all terms and conditions of this solicitation. The following factors shall be used to evaluate quotations:
►Factor A. Technical (Sample and specification of proposed products)
►Factor B. Past Performance (see DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations)
►Factor C. Price
Note 1: To be determined responsible, a prospective contractor must meet FAR 9.104-1 General standards.
Note 2: To be determined technically acceptable, the submitted specification must meet salient characteristics stated in this solicitation.
Note 3: Multiple awards will not be made.
(End of clause)
CLAUSES INCORPORATED BY REFERENCE
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| JAN 2017 |
| 52.212-3 Alt I |
| Offeror Representations and Certifications--Commercial Items (NOV 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) |
| NOV 2017 |
| 52.214-20 |
| Bid Samples |
| APR 2002 |
| 52.225-14 |
| Inconsistency Between English Version And Translation Of Contract |
| FEB 2000 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 2016 |
| 252.209-7999 |
| Representation by Corporations Regarding and Unpaid Deliquent Tax Liability or a Felony Conviction under any Federal Law |
| FEB 2012 |
| 252.211-7003 |
| Item Unique Identification and Valuation |
| MAR 2016 |
| 252.211-7006 |
| Passive Radio Frequency Identification |
| JUN 2016 |
| 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 |
| 252.229-7000 |
| 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 |
| 252.233-7001 |
| Choice of Law (Overseas) |
| JUN 1997 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
CLAUSES INCORPORATED BY FULL TEXT
52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) ALTERNATE I (MAR 2015)
As prescribed in 22.1705(b), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:
(i)
(A) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and
(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:
Document Title: USFK Regulation 190-2 Document may be obtained from:
http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_190-2_Off-Limits_Areas_and_Establishments.pdf
Document Title: USFK Command Policy Letter #12 Document may be obtained from:
http://www.usfk.mil/usfk/Uploads/140/USFK%20CPL12.pdf
Applies to Performance in/at: Republic of Korea
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfars/
(End of provision)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfars/
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)
(a) Definition. “United States,” as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT; telephone, DSN 222-9832 or commercial (703) 692-9832.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
__ TYPE OF DOCUMENT [X the appropriate block] [ ] Construction Invoice (Contractor Only) [ ] Invoice (Contractor Only) [ x ] Invoice and receiving Report (COMBO) [ ] Invoice as 2-in-1 (Services only)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
_Not applicable___
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
| Pay Official DoDAAC | _W56GBU___ | ||
| Issue By DoDAAC | _W91QVN___ | ||
| Admin DoDAAC | _W91QVN___ | ||
| Inspect By DoDAAC | _W90KCK___ | ||
| Ship To Code | _W90KCK___ | ||
| Ship From Code | ____ | ||
| Mark For Code | ____ | ||
| Service Approver (DoDAAC) | ____ | ||
| Service Acceptor (DoDAAC) | ____ | ||
| Accept at Other DoDAAC | ____ | ||
| LPO DoDAAC | ____ | ||
| DCAA Auditor DoDAAC | ____ | ||
| Other DoDAAC(s) | ____ |
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
_taekyu.yi2.ln@mail.mil_
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Mr. Yi, Tae Kyu, E-mail: taekyu.yi2.ln@mail.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
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.
5152.229-4012 TAX EXEMPTION, CUSTOMS, REPUBLIC OF KOREA
(a) EXEMPTION: This clause is in implementation of Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America granting contractors exemption from Republic of Korea customs duties and other such charges. At the time this contract is awarded, the Contractor shall certify to the Contracting Officer that all materials, supplies, and equipment to be imported for the contract have been proposed to the Government exclusive of customs duties and other such charges and; further, that the contract price includes no customs duty whatsoever. It shall indicate to the Contracting Officer the total amount of customs duties excluded from the contract price. The USFK Contracting Officer will verify the amount of customs duty that would otherwise be applicable to the contract and will issue USFK Form(s) 75 to the Contractor. The contractor will submit the original USFK Form 75 to the governing ROK Customs Office at the time of import declaration. The Chief of the Customs Office will review the USFK Form 75 and will exempt the Contractor from customs duties and other such charges. During the review process the customs office will post on the Contractor's Import Permit the anticipated submission date for a completed USFK Form 76, which will be prepared by the Contracting Officer and given to the contractor immediately after contract performance. The Contractor will submit the original USFK Form 76 to the governing ROK Customs Office no later than the date posted on the Import Permit. If the USFK Form 76 is not submitted by the anticipated date, the ROK Customs Office will immediately collect the customs duties and other such charges previously exempted.
(b) If for any reason the Contractor has paid customs duties on materials, supplies, or equipment prior to award of this contract and desires to use such materials, supplies, or equipment for performance of this contract, the Contractor must exclude such duties from the contract price and may obtain refund of such previously paid duties by submitting a completed USFK Form 76 to the governing ROK Customs Office.
(c) Refund: Any Contractor that requires refund of customs duties and other such charges on items used for USFK contracts, can claim refund of such charges by submitting a copy of a completed USFK Form 76 to the governing ROK Customs Office
(d) This entire clause is inapplicable to contracts, or any portions of contracts, funded by the Republic of Korea.
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.
5152.233-4703 AMC-LEVEL PROTEST PROGRAM
If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.
Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Facsimile number (256)450-8840
The AMC-Ievel protest procedures are found at:
http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp
If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.
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