W91QVN-19-R-0013.pdf

SEE ADDENDUM

(No Collect Calls)

W91QVN19R0013 21-Mar-2019

b. TELEPHONE NUMBER

315-755-0644

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 07 May 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91QVN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MS KIM, CHONG AE

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

SERVICES DIV, UNIT #15289

APO AP 96271

UNITED STATES

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,000,000

NAICS:

541199

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA FAR (48 CFR) 53 212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W91QVN19R0013

Section SF 1449 - CONTINUATION SHEET

GENERAL INFORMATION

All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United States (U.S.) Status of Forces Agreement (SOFA), precludes the U.S. Government from granting Invited Contractor or Technical Representative status to any offeror, for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea as a local source, must submit adequate verification in its initial proposal or quote, that it has the requisite authorization and capacity to compete for the requirement as a local source, and to perform the contract as a local source. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror qualifies as a local source shall be determined by the Contracting Officer. All offeror(s) interested in competing for this local requirement are required to submit their price proposal, as applicable, in Korean won only. A proposal submitted in currency other than Korean won will not be considered for award.

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

ORDERING PERIOD:

Base Ordering Period : 15 Jul 2019 thru 14 Jul 2020 1st Ordering Period : 15 Jul 2020 thru 14 Jul 2021 2nd Ordering Period : 15 Jul 2021 thru 14 Jul 2022 3rd Ordering Period : 15 Jul 2022 thru 14 Jul 2023 4th Ordering Period : 15 Jul 2023 thru 14 Jul 2024

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

TOTAL BPA AMOUNT (15 JUL 19 - 14 JUL 24)

FFP

The Contractor shall identify the proposed grand total amount for five (5) years under this CLIN. In additionally, the Contractor shall provide proposed unit price by each Sub-CLINs in the ATTACHMENT #1 FOB: Destination

NET AMT

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.

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.

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

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.

filing and response to motions and preparation of court briefs.

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 evidence to obtain the best result for the client.

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

Comply with any court available remedies

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

Issue a warning letter to the case attorney.

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

and feedback into account

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

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.225-14 Inconsistency Between English Version And Translation

Of Contract

FEB 2000

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas

APR 1984

52.232-18 Availability Of Funds APR 1984 52.232-37 Multiple Payment Arrangements MAY 1999 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Changes--Fixed Price AUG 1987 252.225-7042 Authorization to Perform APR 2003 252.225-7993 (Dev)

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

SEP 2015

252.228-7000 Reimbursement for War-Hazard Losses DEC 1991 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier.

The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

http://www.sam.gov/

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation.

See https://www.sam.gov for information on registration.

(End of Provision)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier.

The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into

SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

https://www.sam.gov/

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement.

The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract.

The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line…