W91QVN-19-R-0013-A0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

SEE NEXT PAGES

1. CONTRACT ID CODE PAGE OF PAGES

J 1 19

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 15-Apr-2019

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer) (Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91QVN19R0013

X 9B. DATED (SEE ITEM 11)

21-Mar-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

16-Apr-2019

CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

SERVICES DIV, UNIT #15289

APO AP 96271

UNITED STATES

W91QVN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL: TEL:

W91QVN19R0013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

A0001

a. The purpose of this amendment is to incorporate Paragraph 5.8. ACCOUNTING FOR CONTRACT SERVICES (CONTRACTOR MANPOWER REPORT (CMR) REQUIREMENT) into the PWS as follows:

5.8. ACCOUNTING FOR CONTRACT SERVICES (Contractor Manpower Reporting (CMR) Requirement):

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for SOFA Attorney Service via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.

5.8.1. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website"

b. All other terms and conditions of the solicitation remain the same.

http://www.ecmra.mil/

SUMMARY OF CHANGES

The following have been modified:

BLANKET PURCHASE AGREEMENT (BPA)

PERFORMANCE WORK STATEMENT (PWS)

SOFA TRIAL KOREAN ATTORNEY SERVICE

SECTION I

PERFORMANCE OF WORK STATEMENT

1. GENERAL: This is a non-personnel services Blank Purchase Agreement (BPA) to provide legal Representation to SOFA eligible individuals facing prosecution under the jurisdiction of the Republic of Korea (ROK). The Government will not exercise any supervision or control over the contract service providers performing the services herein.

1.1. DESCRIPTION OF SERVICES/INTRODUCTION: Except for those items specified as Government furnished property and services in section 3, the Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide Defense Counsel for eligible members of the United States armed forces, civilian component and dependents prosecuted under the jurisdiction of the ROK as defined in this PWS.

1.2. BACKGROUND: Per US-ROK SOFA Article XXII, Paragraph 9, when a member of the United States armed forces or civilian component or a dependent is prosecuted under the jurisdiction of the ROK, he/she is entitled to have legal representation of his/her own choice for his/her defense or to have free or assisted legal representation under the conditions prevailing for the time being in the ROK.

Furthermore, in accordance with 10 United States Code (U.S.C.) § 1035, Department of Defense Directive (DoDD) 5525.1 and Army Regulation (AR) 27-50, legal representation is offered to qualified members who meet the criteria under the applicable regulations at United States Government expense.

1.3. OBJECTIVES:

1.3.1. Look for cost savings for the United States Government.

1.3.2. Retain qualified Korean attorneys for members who are eligible to receive the service.

1.4. SCOPE: The Contractor shall provide qualified attorney(s) as defined in paragraph 1.6.3 of this PWS within its organization. Once a case attorney within the organization is selected by the client, the Contractor shall ensure that the case attorney performs all acts necessary and appropriate as the client’s defense counsel. Services include representing the client from the date of representation until the final disposition of the case, including but not limited to representing the client in all court proceedings, reviewing evidence, drafting motions and briefs, identifying and interviewing witnesses and advising the client. The Contractor shall ensure USFK/JA International Law Division is informed of the progress and status of the case, without compromising attorney-client confidentiality. The Contractor shall ensure the case attorney attends all investigative proceedings including but not limited to police and prosecutor questionings. The Contractor shall ensure the case attorney observes all U.S.-ROK SOFA requirements which may impose duties and obligations in addition to the normal due diligence requirements of the Korean Bar Association. The case attorney shall ensure that their work is in the best interest of the client in order to achieve the most favorable court decision possible.

1.5. PERIOD OF PERFORMANCE: 15 July 2019 thru 14 July 2024

1.6. GENERAL INFORMATION:

1.6.1. Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.2. Type of Contract: The Government will award Multiple Blanket Purchase Agreement(s).

1.6.3. Special Qualifications:

1.6.3.1. Attorney’s License Requirement: The Contractor shall ensure all attorney(s) participating in this contract is licensed to represent clients in proceedings before the ROK criminal courts. All Attorney(s) who are expected to participate in this contract shall be in good standing (변호사자격등록증) certified by the Korean Bar Association.

1.6.3.2. Contractor’s Business Registration: The Contractor shall be properly registered to practice law and represent clients under the applicable ROK laws. The Contractor shall have current and valid certificate of Law Business Registration (사업자등록증; 종목 - 법무서비스) issued by ROK Government.

The Contractor is expected to comply with all ROK business legal and regulatory requirements.

1.6.3.3. Attorney’s Criminal Record: The Attorney(s) shall submit a memorandum certifying that all members who are expected to participate in this contract were never disciplined or sanctioned by the Korean Bar Association and no participating member has a criminal record of a fine of 3,000,000 won or higher.

1.6.3.4. Attorney’s Language Skills: The Contractor shall ensure that all attorney participating in this contract is able to speak native level Korean and he/she is able to read and understand relevant documents written in English, including but not limited to Military Police (or Security Forces) reports and medical documents. The Contractor shall ensure that each attorney participating in this contract has a B.A (or equivalent) degree from a university either in the United States or Korea. In addition, the assigned case attorney must be able to communicate effectively with their clients both orally and in writing without a need for an interpreter or a translator.

1.6.3.5. Attorney’s Prior Experience and Familiarity of SOFA Trial Procedures: All Attorney(s) who are expected to participate in this contract are familiar with the SOFA trial procedures in accordance with

U.S.-ROK SOFA, Article XXII, its Agreed Minutes, Understandings, and Agreed Views. The attorney(s) shall have a minimum five (5) years of prior experience in criminal litigation within the last 10 years.

1.6.4. Contracting Officer Representative (COR): The COR will be identified by a separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, monitor the Contractor's performance and notifies both the Contracting Officer (KO) and the Contractor of any deficiencies, coordinate availability of Government furnished property, and provide post entry of the Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.5. Availability Requirement: The Contractor shall ensure that an attorney attends all investigative proceedings including police and prosecutor questionings within 4 hours after notification during normal business hours for situations located in the Seoul metropolitan area or within 8 hours after notification during normal business hours for situations located outside the Seoul metropolitan area. Notifications received after 1:00 pm during normal business hours can be acted upon by 9:00AM the next business day.

1.6.6. Personnel Change: Any change of a case attorney by the Contractor may only be made under urgent circumstances (i.e.: death, serious injury resulting in hospitalization/inability to perform, etc.)

and must be approved by both USFK International Law Division and the client in writing. The Contractor must inform USFK International Law Division within 24 hours the basis for necessitating the change and include the client’s written approval.

2. DEFINITIOINS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. Contractor. A supplier or vendor having a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2. Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: He/she is the ONLY individual who can legally bind the U.S. Government.

2.1.3. Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. Client. A member of the United States armed forces or civilian component or dependent facing prosecution under the jurisdiction of the Republic of Korea (ROK) and who is eligible under the United States-Republic of Korea Status of Forces Agreement (SOFA) and Department of Defense Directive 5525.1, to have legal representation.

2.1.5. Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.6. Normal Business Hours. Monday-Friday, 9am-5pm, excluding Korean and U.S. Federal Holidays.

2.1.7. Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of the Contractor performance.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CLIN Contract Line Item Number CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement SOFA United States-Republic of Korea Status of Forces Agreement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan TE Technical Exhibit USFK/JA United States Forces Korea, Judge Advocate

3. GOVERNMENT FURNISHED SERVICES AND FACILITIES:

3.1. SERVICES: The Government will provide a SOFA trial observer who will attend trial proceedings to ensure that a client’s SOFA rights are protected. In addition, the trial observer will answer questions the case attorney, his/her client or the ROK court might have regarding the United States military and the SOFA. The Government will also assist the case attorney in obtaining information and documents that are necessary and helpful for the case attorney’s client, including but not limited to Military Police or Security Forces reports and U.S. personnel’s contact information.

3.2. Facilities: The Government will provide, upon request, a room/office in the military installation to allow the case attorney to hold a private counseling session with the client.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 GEMERAL: The Contractor shall furnish all supplies, equipment, facilities, transportation & travel and services required to perform work under this contract that are not listed under paragraph 3 of this

PWS.

5. SPECIFIC TASKS:

5.1. BASIC SERVICES: The Contractor shall provide legal representation to SOFA eligible individuals facing prosecution under the jurisdiction of the ROK. The Contractor shall perform all acts necessary and appropriate in fully performing the duties as defense counsel. Services include representing the client from the date of representation until the final disposition of the case, including but not limited to representing the client in all court proceedings, reviewing evidence, drafting motions and briefs, identifying and interviewing witnesses and advising the client. The Contractor shall inform the USFK/JA International Law of the progress and status of the case without compromising attorney-client confidentiality. Selected case attorneys shall attend all investigative proceedings including police and prosecutor questionings. The Contractor shall ensure assigned case attorneys abide by all U.S.-ROK SOFA requirements which may impose duties and obligations beyond the normal due diligence requirements of the Korean Bar Association. The selected case attorney shall ensure that he/she work in the best interest of the client in order to achieve the most favorable decision by the court for that client. The period of performance begins immediately after the Contractor is retained on behalf of the client by USFK/JA International Law by signing a delivery order. The case attorney’s performance obligation ends when either (i) The client chooses to terminate the contract prematurely; or (ii) When the ROK court decision becomes final and the client has exhausted or chooses not to exercise all appeal rights including but not limited to appealing the decision to an appellate court and/or the ROK Supreme Court.

5.2. PRE-TRIAL CLINET CONSULTATION: The Contractor shall provide pre-trial client consultation to include learning about the facts of the incident, advising the client of their rights and obligations, identifying and interviewing witnesses, if applicable, and advising the client of the SOFA trial procedures.

5.3. POLICE QUESTIONING: The Contractor shall review charges and facts of the crime, attend all questioning of the client by ROK authorities and advise the client of his/her legal rights.

The Government reserves the right to issue multiple call orders for police questioning service under CLIN X002 when the Government recognizes that the Contractor is required to accompany his/her client for additional police questioning sessions and spends a significant amount of additional time following the initial police questioning session. No other CLINs will be called more than once per case.

5.4. SUBMISSION OF REPORTS TO USFK/JA INTERNATIONAL LAW: The Contractor shall ensure the assigned case attorney provides an initial report to USFK/JA International Law within 24 hours after the initial consultation. Additional reports must be filed within 24 hours when there is a significant status change including but not limited to police questioning, development of trial strategies, oral arguments and court judgments unless providing the information compromises attorney-client confidentiality.

5.5. TRIAL PREPARATION: The Contractor shall ensure that the case attorney(s) work in the best interest of the client. The Contractor shall ensure the case attorney reviews and is ready to present all pertinent evidence, interview all available witnesses, draft and file motions and objections when applicable and prepare oral and written arguments in preparation for the trial.

5.6. IN-COUNRT REPRESENTATION: The Contractor shall ensure that the case attorney(s) work in the best interest of the client. The Contractor shall ensure the case attorney files applicable motions, raises objections when applicable, and presents oral and written arguments to achieve the most favorable decision by the court for their client. It is reminded that the Contractor is required to attend all court proceedings, including but not limited to judgement and sentencing sessions.

5.7. SUBMISSION OF FINAL REPORT TO USFK/JA INTERNATIONAL LAW: Once the trial is complete, the Contractor shall provide a final report to USFK/JA International Law of the result of the case without compromising attorney-client confidentiality.

5.8. ACCOUNTING FOR CONTRACT SERVICES (Contractor Manpower Reporting (CMR) Requirement):

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for SOFA Attorney Service via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.

5.8.1. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website"

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. MANDATORY REQUIREMENTS: The Contractor shall abide by all applicable regulations, publications, manuals, and local policies and procedures including but not limited to U.S.-ROK SOFA and all agreed views and minutes as well as regulations and policies issued by Korean Bar Association.

http://www.ecmra.mil/

6.2. PERFORMANCE REQUIREMENT SUMMARY (PRS):

Performance Objective

Standard

Performance Threshold

Method of Surveillanc e

Remedy

1. Pre-Trial Client Consultation, reference Para 5.2 of the PWS

Examine evidence, laws, statues, and past judicial rulings to assess, and where possible enhance the strength of the defense. Upon completion of research and client consultation, prepare a defense strategy and trial plan including the timely filing and response to motions and preparation of court briefs.

100% 100% inspection by USFK/JA Internation al Law, taking validated client complaints and feedback into account

Ask the court for continuance to obtain more preparation time. Issue a warning letter to the case attorney.

2. Police Questioning, reference Para 5.3 of the

PWS,

Be present during the questioning and advise his/her client of his/her rights and obligations. Inform his/her client about questioning procedures and answer any related questions his/her client might raise.

100% 100% inspection by USFK/JA Internal Law, taking

SOFA

representat ive’s opinion and validated client complaints and feedback into account

If desired by the client, request follow up police interview within 24 hours

3. Trial Preparation, reference Para 5.4 of the

PWS

Prepare all documents in a timely manner, file response to all motions, constantly adapt and choose the most effective arguments, question and present of

100% 100% inspection by USFK/JA Internal Law, taking SOFA trial observer report and validated

Comply with any court available remedies evidence to obtain the best result for the client.

client complaints and feedback into account

4. In-Court Representation, reference Para 5.5 of the

PWS,

Work in the best interest of the client and try to achieve the most favorable decision by the court.

Present arguments and evidence, examine witnesses and raise objections when appropriate.

100% 100% inspection by USFK/JA Internation al Law, taking SOFA trial observer report and validated client complaints and feedback into account

Issue a warning letter to the case attorney.

Report the inc ident or violation to the Korean Bar Association.

5. Availability of Attorney, reference Para

5.6 of the PWS, Attorney must be present to attend all investigative proceedings including police and prosecutor questionings within 4 hours of notification in the Seoul metropolitan area or within 8 hours of notification outside the Seoul metropolitan area

100% 100% inspection by USFK/JA Internation al Law, taking validated client complaints and feedback into account

Deduction of monthly amount by percentage of each occurrence relative to all visits in a given month

7. ATTACHMENTS/TECHNICAL EXHIBIT LIST:

7.1. ATTACHMENT #1 – BIDDING SCHEDULE FOR PRICE PROPOSAL

7.2. ATTACHMENT #2 - TECHNICAL EXHIBIT 1 – DELIVERABLE SCHEDULE

7.3 ATTACHMENT #3 - SOFA TRIAL OBSERVER FEEDBACK

7.4. ATTACHMENT #4 – FOREIGN CRIMINAL JURISDICTION MONITOR FEEDBACK

SECTION II

BPA ADMINISTRATION DATA

1. BPA ADMINISTRATION: Services Division, 411th Contracting Support Brigade (CSB) will administer this BPA. The Contractor shall, after receipt of this BPA, direct all questions concerning this BPA to:

411th Contracting Support Brigade (CSB) Services Division, Team Crane Unit #15289

APO AP 96271-5590

2. IMPORTANT NOTICE:

2.1. The Contractor shall not accept any instructions issued by any person other than the Contracting Officer or individual authorized to place BPA Calls acting within the limits of their authority. No oral statements of any person, whomsoever, will in any manner or degrees modify, or otherwise affect the terms and conditions of this BPA or subsequent BPA Calls. The Contracting Officer shall be the only person authorized to approve changes in any of the requirements under this BPA, and notwithstanding any provisions contained elsewhere in this BPA, said authority shall remain solely with the Contracting Officer.

2.2. No information other than that which may be contained in any authorized amendment to this solicitation or any authorized modification to any resulting BPA issued by the Contracting Officer, which may be received from any person employed by the U.S. Government or otherwise, shall be considered as grounds for deviation from any provisions, conditions or other terms of these documents.

3. INDIVIDUALS AUTHORIZED TO PLACE ORDERS:

3.1. PURCHASE LIMITATION: Authorized individual(s) whose organizational component is 411th CSB/Korea shall not exceed $100,000.00 per Call Order by the Contracting Officer. For the authorized individual(s) whose organizational component is not 411th CSB/Korea shall not exceed $20,000.00 per Call Order by Call Officer. All Orders/Calls that individually exceed $20,000.00 shall be submitted to the 411th CSB for processing.

3.2. AUTHORIZED INDIVIDUALS: A list of individuals authorized to purchase against this BPA, identified either by title of position or by name of individual, organizational component, and the dollar limitation per purchase for each position title or individual shall be provided to the Contractor by the Contracting Officer in a separate letter. No order shall be placed by the individuals or accepted by the Contractor that exceeds the specified single purchase limit in the authorization letter, nor shall orders be intentionally split for the purpose of circumventing the authorized limit. The Contracting Officer at the 411th CSB may issue calls within the dollar limits specified in the FAR and when the BPA Call amount exceeds the BPA Call Officer’s specified BPA Call limits.

3.3. UNAUTHORIZED INDIVIDUALS: Calls placed by unauthorized individuals and accepted by the Contractor will not be approved for payment. Therefore, it is the responsibility of the Contractor to accept only those calls placed against this BPA by an authorized call officer. This authority may not be re-delegated.

3.4. The Call Officer shall not perform the duties of the COR.

3.5. The Contracting Officer will notify the Contractor of any changes to the call authorization list.

4. ISSUING CALLS AGAINST THIS BPA: A purchase or “Call” shall be on the basis of an authorized purchase request. A record shall be maintained for each call placed against this BPA.

4.1. Each call placed by an authorized call order from 411th CSB, will be assigned a four digit numeric serial number or call number, beginning with 0001 through 9999.

5. ADMINISTRATIVE RESPONSIBILITIES:

5.1. CONTRACTOR: The Contractor shall be responsible for supplying the following:

(1) Preparation of the delivery tickets.

(2) Submission of an itemized invoice and receiving reports (DD Form 250).

(3) Preparation of a Call Register.

5.2. CONTRACTING OFFICER’S REPRESENTATION (COR): The COR is responsible for conducting inspection for quality, quantity count, and final acceptance of the services performed at the receiving point and will sign the Contractor’s delivery ticket.

5.3. CALL OFFICER: The Call Officer is responsible for –

5.3.1. Maintain Call records, BPA Call Register, and obtain fund availability from his/her certified fund officer for the organization prior to placing Calls.

5.3.2. Checking the accuracy of the invoices, delivery tickets, and call register’s individual line items, extensions, and totals.

5.3.3. Maintaining invoices, call registers, and delivery tickets for a period of 12 month or until completion of Periodic Review by the KO or the KO’s representative.

5.3.4. Submission of an invoice copy and a copy of the monthly call register to the KO, 411th Contracting Support Brigade (CSB), Services Division, via email to the Contracting Officer or Contract Specialist.

5.3.5. Call Officer will not perform the duties of the Receiving Officer.

5.3.6. The Call Officer will issue the Call Order by rotation with multiple-award BPA holder to provide a fair opportunity for each order exceeding the micro-purchase threshold, but not exceeding the simplified acquisition threshold.

6. DELIVERY TICKETS:

6.1. MINIMUM DELIVERY TICKET INFORMATION: All services furnished under this BPA shall be accompanied by Delivery Tickets which shall contain the following minimum information. All delivery tickets will be countersigned by the COR at delivery point upon receipt of services called under this Agreement. The Contractor shall forward all delivery tickets which countersigned by the COR to the Call Officer. One (1) copy will be retained by the COR, and Contractor and original delivery tickets will be maintained by the Call Officer.

(1) Name of Contractor

(2) BPA Number

(3) Date of Order/Call

(4) Call Number

(5) Itemized list of services provided (to include any supplies furnished)

(6) Quantity, unit price, and extension of each service provided or item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(7) Date of service provided (to include the date of any delivery or shipment).

6.2 CONTRACTING OFFICER’S REPRESENTATIVE CERTIFICATION: The COR shall certify and insert the following statement on each delivery ticket or sales slip for each Call upon receipt of services purchased under the BPA: “I certify that all supplies/services called for in the BPA have been received in accordance with the terms specified in the order.” The COR’s complete signature block must follow the statement and minimally include:

Signature of Authorize COR and Date Printed Name and Title Unit and Telephone Number

7. INVOICE SUBMISSION FOR PAYMENT ON CALLS UNDER $20,000.00: For all invoices where the total cost is less than $20,000.00, the COR will provide service completion confirmation by delivery ticket or sales slip to the BPA Call Officer for payment purposes.

7.1. SUMMARY INVOICE: A summary invoice shall be submitted to the Call Officer at least monthly or upon expiration of this BPA, whichever occurs first, for all services performed during a billing period, identifying the delivery tickets covered therein for services performed, stating their total dollar value, and supported by receipt copies of delivery tickets.

7.1.1. Summary invoices shall consist of the following information:

7.1.1.1. Billing period which includes the starting and ending dates – 1st through the end of the month.

7.1.1.2. Name and address to which payment is to be sent (shall be the same as that in the BPA or on a proper notice of assignment).

7.1.1.3. Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice.

7.1.1.4. Any other information identifying the delivery tickets covered, stating their extension of each item, sub-total per call, less applicable discount and total amount.

7.1.2. If an invoice is incomplete or inaccurate the Call Officer will return the unsigned invoice to the Contractor for correction and resubmission.

7.2. CONTRACTOR CERTIFICATION: The Contractor shall complete the following statement at the bottom of each invoice:

“I certify that net amount due as reflected on this invoice has not been received and this invoice and this is proper for payment”.

The Contractor’s complete signature block must follow and minimally include:

Signature of Contractor Representative and Date:

Printed Name and Title:

7.2.1. Distribution: Copy of the DD Form 250, invoice, call register and consolidated delivery tickets shall be forwarded to the appropriated Finance Office via email for each submittal.

8. PAYMENT(s): Request for payment, invoicing, and payment status will be referred to the 175th Finance Command, information found on Page 1, Bock 15, of the SF1449 of the BPA, Order for Supplies or Services.

8.1. The payment for NET 30 days shall be computed from the date the Contracting Officer approved the BPA Call Register (Form 58).

8.2. Payment over $20,000.00 will be received after invoice submission and approval through WAWF.

9. PAYMENT(S)/ELECTRONIC FUNDS TRANSFER: Reference FAR clause 52.232-33 Mandatory Information for Electronic Funds Transfer Payment (OCT 2003). This clause requires that payments be made by electronic funds transfer by the Finance Office. The Contractor shall provide information required concerning the financial institution to receive electronic funds transfers to the designated payment office.

10. DISPUTES: In furtherance of the Federal policy and the Administrative Disputes Resolution Act of 1990, ADR Act, Public Law 101-552, U.S.C. sec. 571 the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of the parties. Interested parties are encouraged to use Alternate Dispute Resolution Procedures to the maximum extent practicable in accordance with the authority and the requirements of the ADR Act.

ATTACHMENT #1

CLIN STRURECTURE FOR PRICE

NOTE: See attached separate excel format for price proposal

ATTACHMENT #2

TECHNICAL EXHIBIT 1 - DELIVERABLES SCHEDULE

DEVLIVERABLE

FREQUENCY

ACCPIMTABLE

QUALITY

THRESHOLD

# OF

COPIES/MEDIUM/

FORMAT/SUBMIT TO

CORRECTION/

REMEDY

Report to USFK/JA International law PWS Para 5.5. and 5.8

One initial, each time when there is a significant change in case status and one final report once the trial is complete and anytime upon request by USFK/JA International Law

One material error per submission

One copy (e-mailed, scanned, faxed or mailed) to USFK/JA International Law

Re-submit the corrected report within 2 business days

ATTACHMENT #3

SOFA TRIAL OBSERVER FEEDBACK

TRIAL OBSERVER’S NAME

DEFENDANT’S NAME

DEFENSE COUNSEL’S NAME

QUESTION ACCEPTABLE

(YES)

UNACCEPTABLE

(NO)

All the safeguards secured by the US-ROK SOFA were observed.

Defense Counsel performed his/her duty adequately

(If Applicable) The court-appointed interpreter performed his/her duty adequately.

COMMENTS/REMARKS

PRINT NAME SIGNATURE DATE

ATTACHMENT #4

FOREIGN CRIMINAL JURISDICTION MONITOR FEEDBACK

CLIENTS’ NAME

DEFENSE COUNSEL’S NAME

QUESTION ACCEPTABLE

(YES)

UNACCEPTABLE

(NO)

Defense Counsel was responsive to his/her client’s requests for inquires, meetings, assistance in settlement negotiations, etc.

Defense Counsel filed necessary evidentiary documents, motions, answers, brief, etc. to the investigative, prosecutorial and court authorities.

Defense Counsel adequately prepared his/her client for investigative questioning sessions, pretrial and trial hearings.

Defense Counsel provided progressive reports, investigation reports and court judgments to USFK/JA International Law Division in a timely manner.

COMMENTS/REMARKS

PRINT NAME SIGNATURE DATE

(End of Summary of Changes)