W91QVN-18-T-0028.doc

Section SF 1449 - CONTINUATION SHEET

DX14 BOTTOM OF D505, 506, 544, 561, 562

FFP

PROJECTILE PALLET: DX14 BOTTOM OF D505, 506, 544, 561, 562 HEMLOCK. (See drawing (B) #7549275 and SOW for detaile)

FOB: Destination

PURCHASE REQUEST NUMBER: 0011143114-0001

PSC CD: 5510

NET AMT

DX15 TOP OF D505,506, 544, 561, 562

PROJECTILE PALLET: DX15 TOP OF D505, 506, 544, 561, 562 HEMLOCK. (See drawing (B) #7549275 and SOW for detaile)

FOB: Destination

NET AMT

DX41 TOP OF D501,503,509,528,563,864

PROJECTILE PALLET: DX41 TOP OF D501, 503, 509, 528, 563, 864 HAMLOCK. (See drawing (A) #8837939 and SOW for detaile)

FOB: Destination

NET AMT

ZZRH BOTTON OF D501, 503, 509, 528, 563,

PROJECTILE PALLET: ZZRH BOTTOM OF D501, 503, 509, 528, 563, 864 HAMLOCK. (See drawing (A) #8837939 and SOW for detaile)

FOB: Destination

NET AMT

WOODEN PALLET - ZZPA 35"X45'5"

WOODEN PALLET: ZZPA SIZE: 35" X 45'5" DILLENIA. (See drawing (C) #MIL-DTL-15011K and SOW for detaile)

FOB: Destination

NET AMT

STATEMENT OF WORK

1. General: This contract covers the purchase of ammunition grade pallets required for the 6 OD BN retrograde operations. These pallets must be built in accordance with each applicable drawing and the references cited therein. All pallets shall meet the conditions of the International Standards for Phytosanitary Measure (ISPM No. 15) and DOD Regulation 4140.65-M. The types of pallets are included in attachments with required drawings. These include 2 different types of Projectile pallets assemblies (Cover and Base) (See 2.a. below) and a standard type pallet; 35 X 45.5 (See 2.c. below). Drawing numbers for the projectile pallet assemblies are as follows; 8837839 and 7549275. Drawings for the two types of standard pallets are included in MIL-DTL-15011K (pgs. 20 and 21).

2. SPECIFICATIONS OF PRODUCT:

a. Projectile pallets item info:

i. Type 2 (Set) Drawing: 8837839 (See Attachment A) NSN: 8140-01-160-0231, DODIC: ZZRH, ITEM: Base assembly (QTY 2,500 Each)

NSN: 8140-01-160-0230, DODIC: DX41, ITEM: Cover assembly (QTY 2,500 Each)

ii. Type 4 (Set)Drawing: 7549275 (See Attachment B) NSN: 8140-00-560-0463, DODIC: DX14, ITEM: Base assembly (QTY 3,000 Each)

NSN: 8140-00-084-0377, DODIC: DX15, ITEM: Cover assembly (QTY 3,000 Each)

b. Projectile pallets (Cover and Base) (Specification References)

i. General – MIL-A-2550 and ANSI Y14.5

ii. Material: Ref - MIL-DTL-45449C w/Amendment 2 (Grade A) and US Product Standard PS-1

iii. Material: Nails - MIL-DTL-45449C w/Amendment 2 & ASTM-F1667-17 Style 4, 7, 8, 9 or 18 as identified in drawing

iv. Material: Ink – Spec. A-A-208C or alternative material (9211789)

v. Material: Steel – ASTM A1011

vi. Protective finish – ASTM B633

vii. Heat treated and moisture content– DOD 4140.65-M and ISPM No. 15

viii. Preservative treatment - MIL-DTL-45449C w/Amendment 2

ix. Marking - MIL-STD-129R, MIL-DTL-15011K w/Amendment 1, MIL-DTL-45449C w/Amwndment 2 and applicable drawings

c. Standard pallets item info: Drawings: MIL-DTL-15011K w/Amendment 1 (pgs. 15 and 16 – See Attachment C).

i. NSN: 3990-01-090-0611, DODIC: ZZPA, ITEM: 35”x45.5” Wood Pallet (QTY 5,330 Each) (See Attachment C)

d. 2 Standard type pallets (MIL-DTL-15011K w/Amendment 1) (Specification References)

i. Material: Hardwood –ASTM D 6199-07 (2012)

ii. Material: Nails - MIL-DTL-15011K w/Amendment 1 & ASTM-F1667-17 Style 18

iii. Material: Ink – Spec. A-A-208 or alternative material (9211789)

iv. Heat treated and moisture content– DOD 4140.65-M and ISPM No. 15

v. Preservative treatment - MIL-DTL-15011K w/ Amendment 1

vi. Marking - MIL-STD-129R, MIL-DTL-15011K w/ Amendment 1 and applicable drawings Notes:

1) Projectile Pallets Base & Cover Assembly shall be constructed with wood species as identified in SPEC MIL-DTL-45449C, GRADE A, Type I Except that deckboard shall be plywood 48/24 C-D Interior w/ Exterior Glue or 48/24 C-C Exterior in accordance with U.S. Product Standard PS-1. This does not apply to standard pallets built IAW MIL-P-15011K.

2) Contractor shall ensure that all required ISPM # 15 symbol/HT stamps and preservative treatment (PA, PB, or PC) markings are visible when the wood packaging is in use on at least two opposite sides of the wood packaging unit in accordance with DoD 4140.65-M and MIL-DTL-15011K. ISPM #15 symbol/HT stamps are not required on plywood components.

3) Requirement in all subject Projectile pallet drawings (Type 2/4 Sets) for the manufacturer to mark the underside of each pallet base and cover with names and address of pallet manufacturer, and month and year of manufacture. Size of lettering specified in individual drawings. All projectile pallet sets listed above are also required to have corner irons as specified in MIL-DTL-45449C w/Amendment 1, Para. 3.10.1

4) Pallets must be marked with ISPM # 15 symbol or HT stamp, country code, company code and Preservative treatment stamp (PA, PB, or PC).

3. SCOPE OF WORK:

a. The offeror shall be the prime contractor who is a manufacturer of wooden pallet containers. Prime Contractor is required to have experience as a wooden pallet container manufacturer for a minimum of one (1) year or a total aggregate contract amount of 100,000,000 Korean Won within the last three (3) years. Subcontractor experience will not be acceptable.

b. The contractor shall provide transportation to deliver the pallets as directed by 6 ORD BN SPO to (AD) #9, Changwon City, Korea or other location within Korea designated by 6th ORD BN POC. (POC Mr. Hwang, Tae Sik at 0505-765-7865).

c. Hours of operation for delivery at AD#9 is 0800 to 1700 hours Monday through Friday, excluding holidays.

d. Hours of operation for other locations designated will be provide upon delivery coordination.

e. Company will coordinate delivery date (at least 5 days) prior to actual delivery.

f. Government representative will inspect pallets and reserves the right to return stock that is missing the markings required under ISPM No. 15, or which does not meet the specifications provided.

g. The government is responsible for unloading and escorting the contractor on and off ROKA and US installations.

Encl:

1) DOD 4140.65-M: Compliance For Defense Packaging: Phytosanitary Requirements for Wood Packaging Material (WPM) - Dated: Sep 7, 2007 w/ Change 1 Aug 2009

2) ISPM No. 15: International Standards for Phytosanitary Measures: Regulation of Wood Packaging Material in International Trade - Dated: 2009

3) A-A-208: Commercial Item Description: Ink, Marking, Stencil, Opaque (Porous and Non-Porous Surfaces) - Dated: Nov 20, 1995

4) ANSI Y-14.5: Dimensioning and Tolerance – Purchase fm: http://web.ansi.org

5) ASTM A1011 / A1011M – 09a: Standard Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon, Structural, High-Strength Low-Alloy, High-Strength Low-Alloy with Improved Formability, and Ultra-High Strength – Purchase fm: www.astm.org

6) ASTM B633: “Zinc on Iron and Steel, Elector-deposited Coatings Of” – Purchase fm: www.astm.org

7) ASTM D6199-07: Standard Practice for Quality of Wood Members of Containers and Pallets

8) ASTM F1667: Fasteners, Driven: Nail, Spikes, and Staples – Purchase fm: www.astm.org

9) MIL-A-2550B: Military Specification; Ammunition, General Specification For – Dated: 8 Feb 1973

10) MIL-DTL-15011K: Military Specification; Pallets, Material Handling, Wood Post Construction, 4-Way Entry - Dated: 09-Apr-2013

11) MIL-DTL-45449C: Military Specification; Pallet, Units, Wood, for Shipment of Projectile Metal Parts and Projectile Ammunition - Dated: 08-Jun-2012

12) US Product Standard PS 1-07: Structural Plywood – Dated: May 2007

13) MIL-STD-129R : Military Specification; Military Marking for Shipment and Storage - Dated: 18-Feb-2014

4. SEE DRAWINGS FOR DETAILED SPECS: Attachment A, B, C, and D.

5. ALLOWED SPECIES OF WOODS:

AT OPSEC

1. 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 Contract or Personnel) 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. 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.

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

4. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

5. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems. All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

6. For contracts that require OPSEC Training. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

7. For information assurance (IA)/information technology (IT) training. All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of appointment to IA/IT functions.

8. For information assurance (IA)/information technology (IT) certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

9. For contractors authorized to accompany the force. DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training (per combatant command guidance), and personnel data required.

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

11. Threat Awareness Reporting Prohgram. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b.

INSTRUCTION TO THE OFFEROR

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

NOTE: THIS SOLICITATION IS TO REPURCHSE ITEMS In accordance with FAR 52.212-4(m) and FAR 49.402-6 (b).

1. The quotation with item description must be conforming to the requirement, and must be submitted to Federal Business Opportunities (FBO) (https://www.fbo.gov/). The electronic proposal shall be submitted by 1300 hrs (Korea Standard Time) on the closing date of RFQ. All questions should be e-mailed to yongsuk.kim5.ln@mail.mil.

a. The quotation submitted other than FBO will not be considered for award.

2. Proposal Preparation Instructions. The offeror quotation must demonstrate a clear understanding of the solicitation requirement. Failure to provide a complete proposal may reflect lack of understanding of the requirements and may result in a determination that the offeror’s proposal is incomplete and ineligible for award.

a. If FBO is not available, email to yongsuk.kim5.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.

3. The offeror(s) shall submit the following requirements IAW para. 1 above.

a. Technical Proposal: The technical proposal shall include the following of the prime contractor.

1) A copy, with appropriate stamp, of their Certificate of Registration provided by the National Plant Quarantine Service of the Republic of Korea for Heat Treatment Provider of Wood or IPPC ISPM #15 Stamp of the prime contractor.

2) Recent and Relative Experience in accordance with SOW and its specification– The past experience shall include the following.

i) The offeror shall be the prime contractor who is a manufacturer of wooden pallet containers. Prime Contractor is required to have experience as a wooden pallet container manufacturer for a minimum of one (1) year or a total aggregate contract amount of 100,000,000 Korean Won within the last three (3) years. Subcontractor experience is not to be included.

ii) The offeror shall provide a list of all contracts where the prime has manufactured/provided wooden pallet containers within the last three (3) years.

a. Past Performance Proposal: 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.

1) Content listing of the past performance information:

a. Category of Business

b. Company Name

c. Licenses or Certificates

d. The Registration Number of Contractor

e. The Registered Work

f. The Status of Main work, Achievement and Performance

1. Contract number

2. Total dollar value

3. Contract award date

4. Procuring agency

5. Title of contract

6. Program Manager (name, address, and telephone number)

7. Description of program/product

8. Contracting Officer(name, address, e-mail address and telephone number)

9. Period of performance

2) 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 experience and performances, not limited to the listed past experience and performances on the proposal.

b. Price Schedule: The offeror shall submit prices and the length of warranty for all items in Section B of this solicitation.

c. Representations and Certifications: The offeror shall provide completed copies of the following provisions:

DFARS 252.209-7999

AFARS 5152.204-4032

4. Delivery Schedule: Offeror shall provide the delivery lead time to have all items arrive at the final delivery destination.

5. 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.

6. Clause 5152.204-4032, FAR 52.212-1, 2 and 3: The terms “Quotation” and “Quoter” shall be substituted for “Offer” and “Offeror.”

7. "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 Korea Exchange Bank conversion rate on the date specified for receipt of proposal."

8. An organized site visit has been scheduled for -

i. Date & Time: 13 April 2018, 1400 hrs

ii. POC: Mr. Hwang, Tae Sik, DSN: 0503-365-7865

iii. Location: Gate #1, Camp Carroll

Notice:

a. Offeror(s) will meet Government POC/employee at designated time and place to be escorted to the Site visit location.

b. All local Korean vendors who attend the Site visit must bring Korean Government ID card (Korean: 주민등록증) or Driver's License.

BASIS OF AWARD

Award will be made to the responsible offeror(s) submitting the lowest priced, technically acceptable (LPTA) offer(s) that satisfies all terms and conditions of this solicitation. The following evaluation factors will be used to evaluate each offer: Each non-price factor will be rated as either acceptable or unacceptable. If any of factor is rated as unacceptable, the overall factor rating is unacceptable and the entire proposal is unacceptable.

►Factor A : Technical Subfactor 1: A copy, with appropriate stamp, of their Certificate of Registration provided by the National Plant Quarantine Service of the Republic of Korea for Heat Treatment Provider of Wood or IPPC ISPM #15 Stamp of the prime contractor. (http://www.ispm15.com/start.htm#usa) Subfactor 2: The offeror shall be the prime contractor who is a manufacturer of wooden pallet container. Prime Contractor is required to have experience as a wooden pallet container manufacturer for a minimum of one (1) year or a total contract amount of 10,000,000 Won within the last three (3) years. Subcontractor experience will not be acceptable.

Subfactor 3: The offeror(s) shall provide a sample of each pallet type (type 2/4 pallet set assembly (Cover and Base)) and Standard Type pallets to support specific missions and confirm the required specifications through validating pallet dimensions, assembly, preservation techniques and markings. Once the pallets have been validated the samples will be released back to the offeror(s). The samples shall be requested randomly.

The Government will evaluate the offeror’s proposal against Government’s minimum requirements as specified on the solicitation to determine whether the proposal is acceptable or unacceptable using the ratings and descriptions outlined in table below.

Technical Acceptable/Unacceptable Ratings

►Factor B : Past Performance The Government will evaluate the offeror’s record of past and current performance to ascertain the probability of successfully performing the required efforts of the solicitation requirements. This factor will be evaluated on an “acceptable” or “unacceptable” basis using the ratings in below table. Past Performance will be evaluated based upon offeror’s client’s satisfaction on similar projects within the last 3 years. In determining the acceptability, each offeror shall be required to submit Past Performance Information within the last three (3) years in accordance with responses received to the Proposal Instruction (Addendum to FAR 52.212-1, Instructions to the offeror(s)). The Government reserves the right to obtain past performance from any reasonable source available, including Government databases in order to evaluate past performance.

Past Performance Evaluation Ratings

* Note: In the case of an offeror without a record of recent and relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. “Unknown” will be considered “acceptable.”

►Factor C : Price Schedule – Price (Price will be evaluated in accordance with FAR 15.404.)

ADDENDUM TO FAR 52.212-4 Contract Terms and Conditions—Commercial Items

1. SHIPPING INSTRUCTIONS:

Door-to-Door delivery to the following address, FOB: Destination.

Mr. Hwang, Tae Sik

3J-AREA, ARMY DEPOT #9, CHANGWON CITY, SOUTH KOREA

DSN ☎ 765-7865

E-mail: taesik.hwang1.ln@mail.mil

2. INSPECTION AND ACCEPTANCE: Inspection for condition, quality count and final acceptance of the supplies delivered under this purchase/delivery order shall be conducted by Receiving Officer or his authorized representative at the final destination point in Korea. After final acceptance of all items, the payment will be made.

3. PAYMENT: All requests for payment, invoice, and payment status will be referred to address in block 18a on SF1449 or block 15 on DD1155. All problems with payment of accounts will be directed to the same office. Telephone inquiries may be made between 8 am and 11 am, Monday through Friday. Phone: (011-822) 7913-4587. Payment will be made NET 30 days from date of receipt of invoice in paying office or acceptance of materials/services by the Receiving Officer in Korea, whichever is later.

4. NOTICE TO RECEIVING OFFICER (KOREA); Upon receipt and acceptance of supplies, the receiving report shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF) at the web site https://wawf.eb.mil

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 specifies in the order, of supplies not received, damaged in transit, or not conforming to specifications of the purchase order. Only under extenuating circumstances should such notification be made later than 15 days after specified date of delivery.

6. Invoice Submittal:

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 .

7. Partial delivery and partial payment are authorized.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

CAMP CARROLL # AREA 4

UNIT# 1512

APO AP 96260-5127

KOREA (THE REPUBLIC OF)

FOB: Destination

W582ND

W582ND

W582ND

W582ND

W582ND

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) ALTERNATE I (MAR 2015)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Commercially available off-the-shelf (COTS) item” means--

(1) Any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

(i) (A) The United States Government's policy prohibiting trafficking in persons 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 [Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the United States to which the document applies.]

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in—

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not—

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $500,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that—

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either—

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that—

(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(B) Has an estimated value that exceeds $500,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

(End of clause)

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/ (End of clause)

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILTIY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-00004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that –

(1) It is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with authority responsible for collecting the tax liability,

(2) It is ( ) is not ( ) a corporation that was convicted of a felony criminal violation under a federal law within the preceding 24 months.

(End of provision)

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…