A21_W91QVN-19-R-0143_Construct_Siphon_Dam.pdf

0011328951

VA-80110, Construct Siphon Dam near Laydow n Area at USAG Humphreys

OFFERORS SHALL COMPLY WITH THE FOLLOWING:

THIS IS A NON-WORK PLAN TASK ORDER RFP FOR MATOC CONTRACTORS ONLY.

ONLY Proposals for this requirement are being solicited from the MATOC contractors for the follow ing MATOC contracts issued by 411th Contracting Support Brigade (CSB). Proposals from offerors other than these MATOC contractors w ill not be considered for aw ard.

CONTRACT NO. W91QVN-18-D-0053, 0054, 0056, 0057, 0058, 0059, 0060, 0062, 0064, 0065, 0066, 0069, 0070, 0071, 0072, 0073, 0074, 0076, 0077, and 0163.

- SITE VISIT: ALL MATOC offerors w ho intend to propose on this solicitation are encouraged to attend the site visit. See site visit clause (FAR 52.236-27) in Section L for schedule.

Proposals shall be submitted in the follow ing format;

1. The PRICING PROPOSAL shall be submitted by 1300 hours on the closing date of the RFP through https://w w w .fbo.gov/.

2. See Section L for details. If MATOC contractor is unable to submit a proposal in response to this RFP, the contractor shall submit a "NO OFFER LETTER" by the closing date specified in this solicitation.

MR. FERNANDEZ, DAVID A. 315-755-3388

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

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

NEGOTIATED

17-Apr-2019

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________90 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section F

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________29 Apr 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee is, X is not required.

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

411TH CSB, KOREA - IMB

UNIT#15289

APO AP 96205

W91QVN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 724-6977 TEL: FAX:

W91QVN19R0143 21

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W91QVN19R0143

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

(L) Construct Siphon Dam

FFP

Work Class: L (New Work) Project No.: VA-80110, Construct Siphon Dam, Camp Humphreys.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011328951

PSC CD: Z2KB

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

War Hazard

FFP

Expected Losses from War Hazard are Zero (0).

FOB: Destination

PSC CD: Z2KB

NET AMT

Section C - Descriptions and Specifications

TECHNICAL PROVISIONS

STATEMENT OF WORK

PROJECT NO TITLE LOCATION

VA-80110 Construct Siphon Dam near Laydown Area USAG Humphreys

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

a. Work by Contractor:

(1) The contractor shall provide all labor, tools, equipment, supplies and any other resources necessary to accomplish the scope of work contained herein as indicated in the drawings and in accordance with the specifications.

(2) The contractor shall construct siphon dam near laydown area the specifications and drawings.

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

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

PRINCIPAL FEATURES: This project includes, but will not be limited to the following principal features:

Schedule #I, Construction/Alternation: All work shall be in accordance with the attached drawings and specifications.

Civil Work

1. Remove existing, stone net.

2. Replace new mattress gabion with gabion stone.

3. Remove and restore concrete crown with NFSM.

4. Construction concrete siphon dam with base course.

TECHNICAL PROVISIONS

SPECIAL CONDITIONS

VA-80110 Construct Siphon Dam near Laydown Area USAG Humphreys

1. GENERAL: In addition to the requirements specified under "GENERAL PROVISIONS" for the Fixed Price Construction Contract for this project, the Contractor shall comply with the following "SPECIAL CONDITIONS" which form a part of the contract.

2. WORK HOURS: The work will be accomplished from 0730 hours through 1730 hours, from 1 October through 30 April and from 0730 hours through 1930 hours from 1 May through 30 September, Mondays through Saturdays, except for Korean Legal Holidays: Any proposed change in working hours shall be approved by the Contracting Officer (KO) and Contracting Officer's Representative (COR).

3. NOTIFICATION OF INSPECTION SECTION: Prior to starting work the contractor shall notify the COR of the actual date the contractor intends to start work. The contractor shall also notify the project inspector seven (7) working days prior to each concrete placement, field test, weld application, protective coating application, or any other work deemed to require inspection.

4. INSTALLATION ACCESS AND CONTROL

4.1 Installation Access: Entry to the installation requires the following: Prior coordination with the COR or designated representative, current vehicle registration, proof of insurance, valid driver's license for the vehicle driver, and picture identification for other personnel. The Contractors/ Subcontractors its employees requiring access to the installation are required to comply with the installation access control policy and procedures. The Contractor with whom the Task Order is awarded shall provide a listing of vehicles that will require installation access within 30 days of contract award (MATOC). The Government shall not be responsible for any damages due to delay / stoppages caused by failure to comply.

4.2 All contractors’ employees shall be easily recognized by wearing uniform and/or name tag during the performance of work under this contract (MATOC). All cargo vehicles shall be identified by displaying company name during work hours.

4.3 Search and Control: Installations across South Korea are controlled access posts. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Contractor-owned vehicles, employees, and property shall be subject to searches and seizure of contraband and/or unauthorized Government property upon entering or leaving the Installation. The search and seizure provisions of AR 190-16, Physical Security, shall apply to Contractor personnel entering any installation.

5. ANTITERRORISM:

5.1. AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to the Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 7 calendar days after completion of training. AT level I awareness training is available at the following website: http://jko.jten.mil.

5.2. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area.

Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. The Contractors’ employees shall comply with all personal identity verification requirements in accordance with (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.

5.3. For contractors that do not require CAC, but require access to a DoD facility or installation. The 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.

5.4. 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 7 calendar days of new employees commencing performance with the results reported to the COR no later than (NLT) 30 calendar days after contract award.

6. OPERATIONS SECURITY: The 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), Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), and all other applicable background checking processing in accordance with (IAW) the United States Forces Korea (USFK) Military Police Installation Access Control Regulation 190-7, the status of forces agreement (SOFA), and all other theater regulations.

7. SUBMITTALS: The contractor shall provide contract progress schedule and submittal register within 5 working days after Notice to Proceed (NTP) is issued.

8. COORDINATION: The contractor shall be responsible for coordination with all the entities (subcontractor and government agencies) involved in this project. The contractor shall cooperate with all the entities (subcontractor and government agencies) so as to facilitate the general progress of the work. The contractor will be provided a lists by the COR to coordinate with at the pre-construction conference. The contractor shall be responsible for providing all other contractors reasonable opportunity to work or store materials. Before proceeding with any work, the contractor and/or subcontractor shall consult applicable drawings and specifications for each trade involved on the project.

9. CONSTRUCTION: Prior to the start of any work, the contractor shall obtain written permission from the COR.

The contractor shall submit a request for construction permit to the COR at least 10 working days prior to the anticipated start of work. For safety purposes, the contractor shall ensure adequate lights are present at the job site and are illuminated during periods of darkness.

10. MATERIALS COMPLIANCE: The contractor shall ensure all materials used meet the requirements of the contract and proof thereof upon request of the COR. Any materials not meeting the requirements of the contract will be rejected and shall not be allowed or stored at the job site. All materials shall be new and the standard products of a manufacturer regularly engaged in the manufacturing of such materials. The required submittals by this contract such as, construction progress schedule, contractor quality control plan, safety plan, submittal registry, and ENG form 4025 (including attachments) shall be in electronic file format submitted via CD/DVD to COR.

11. HOISTING AND MOVING EQUIPMENT: The contractor and subcontractor shall be responsible for providing qualified personnel for movement and operation of all heavy equipment and transportation of materials.

For safety purposes, the contractor shall ensure adequate personnel are available for bracing, ground guiding, and placing safety devices at the job site during heavy equipment movement operations.

12. EQUIPMENT: All contractors equipment shall be subject to functional and safety inspection by the COR. Any unsafe or not fully functional equipment shall be repaired or replaced prior to the start of work.

13. RECORD DRAWINGS: The contractor shall accurately record and outline on a set of full-size blue line prints of contract drawings all changes in such work which constitute departures from the original contract drawings. The set of drawings (three CDs), thus corrected and changed, usually referred to as "As-built", drawings, shall be delivered to the COR at the final acceptance inspection of the completed work.

14. UTILITY OUTAGES AND INTERRUPTIONS: To the maximum extent possible, the contractor shall only perform utility service outages or interruptions after normal work hours Monday through Friday, Saturday, Sunday and U.S. Government holidays. The contractor shall notify the COR ahead of time before performing any service outages or interruptions to the exisiting utility services. In addition, the contractor shall ensure that new replacement utility lines are completely assembled and ready to be installed, connected and inspected by the COR. Service outages or interruptions to the following utilities, water, sanitary sewer, storm sewer, telephone service, electric service, air conditioning, heating, fire alarm, and compressed air shall not exceed 4 hours. This time limitation includes deactivation and reactivation of utility services. In the event that the contractor requires U.S. Government personnel to be present at the work site after normal work hours, weekends, and or U.S. Holidays, the contractor shall conform to the procedures set forth in paragraph number 15 of the SOW entitled "WORK OUTSIDE

REGULAR HOURS."

15. WORK OUTSIDE REGULAR HOURS: Request for U.S. Government personnel to work outside the regular work hours requires the Contracting Officers approval. The contractor shall submit a request or justification for U.S. Government Personnel to work outside the regular work hours at least 14 calendar days in advance prior to the requested date. This will facilitate the time for the U.S. Government to make all the necessary arrangements to meet the contractor’s request. Based on the contractors justification, the Contracting Officer may or may not approve such request. The request shall be in a memorandum format and shall addressed the following, purpose/justification, specific date, time, hour, location, type of work to be performed, contract number, and project title.

16. WINTERIZATION: The contractor may be required to perform work during the winter season which may have additional costs to the contractor. Therefore, it is the contractor’s overall responsibility to ensure such costs is captured and included on its proposal in the event that the contractor is required to work during the winter season.

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after Notice to Proceed (NTP) is issued. * The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G - Contract Administration Data

5152.232-4022 PAYMENT-RELATED ADDRESSES:

WAWF INSTRUCTION

Invoices for goods received or services rendered under this contract shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF): The vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the internet at https://wawftraining.eb.mil If you are experiencing technical problems with Wide Area Workflow, please contact. below service center.

Customer Service Center

CONUS ONLY: 1-866-618-5988

COMMERCIAL: 801-605-7095

DSN: 388-7095

FAX COMMERCIAL: 801-605-7453

FAX DSN: 388-7453

CSCASSIG@CSD.DISA.MIL

A separate invoice will be prepared for every modification.

For Services: Select the 2-in-1 Invoice within WAWF as the invoice type.

For Supplies: Select the Create Invoice and Receiving Report COMBO within WAWF as the invoice type. The Invoice and Receiving Report COMBO prepares the Material Inspection and Receiving Report, DD Form 250, and the Invoice at the same time. Select the invoice type within WAWF as specified below. Back up documentation (such as timesheets, etc.) can be included and attached to the invoice in WAWF.

Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. The following information, regarding invoice routine DODAAC’s, must be e entered for completion of the invoice in WAWF:

“Contract number”

WAWF Invoice Type: 2-in-1

Issuing Office DODAAC W91QVN

Admin Office DODAAC W91QVN

Inspector DODAAC (if applicable) WT4KBR

Ship To DODAAC (for Combo), Service Acceptor DODAAC (for 2 in 1) WT4KBR Service Approver DODAAC (for Cost Voucher) (if applicable)

Acceptor DODAAC (if applicable) WT4KBR

Paying Office DODAAC W56GBU

(1) The Contractor hereby authorizes delivery of payments (checks) due under this contract, for deposit to its account or to its company representative as follows:

Name of Bank, or Authorized Company Representative:____________________________________ Bank Address: _____________________________________________________ Account Number: ___________________________________________________

SWIFT Code: ______________________________________________________

(2) The above bank account information must be included on all invoices.

(3) The designation in (1), above, does not constitute an assignment of claims, within the meaning of FAR 52.232- 23 Assignment of Claims.

(4) If the Contractor does not provide the information requested in subpara c, above, the Government will mail payment checks to the contractor’s address as shown on the cover sheet of this contract. The Contractor assumes all risk for payment(s) mailed. If checks are lost in the mail system, the Contractor can recover for them only by filing a claim to the paying office. The Government may take up to six (6) months to process a claim based on a lost check.

* The Government requires most Contractors to provide for payment by Electronic Funds Transfer (EFT), but exempts from that requirement contractors who are individual persons.

Section J - List of Documents, Exhibits and Other Attachments

TECHNICAL DETAIL SPECIFICATIONS

VA-80110 Construct Siphon Dam near Laydown Area USAG Humphreys

GENERAL: The specifications are from the "Standard Technical Specifications Revision1 for OMA Projects, Korea", dated 30 October 2015, issued by the Department of the Army, Installation Management Agency, Korea Region Office. The most current specifications are available (for referral purposes only) at the Engineering Division, DPW, USAG Humphreys, Unit #15228, APO AP 96271-5228 and also are located on the 411th CSB’s Web Page http://www.usfk.mil/Resources/ContractingwithUSFK.aspx The electronic version of the specifications is Acrobat® PDF format and can be read with the Acrobat Reader® software.

APPENDIX "A"

LIST OF APPLICABLE CONTRACT DRAWING

GENERAL: The work shall conform to the attached contract drawings and the standard detail drawings (dated 30 November 2015, issued by the Department of the Army, Installation Management Agency, Korea Region Office and located 411th CSB’s Web http://www.usfk.mil/Resources/ContractingwithUSFK.aspx, all of which form a part of the specifications.

Drawing No. Sheet No. Ref. No. Description Date

19-011 1 of 1 T-1 Title Sheet, 13 Mar 2019

“ 1 of 4 C-1 Location Plan “

“ 2 of 4 C-2 Removal and Site Layout Plan “

“ 3 of 4 C-3 Siphon Dam Detail “

“ 4 of 4 C-4 Mattress Gabion Detail “

Section K - Representations, Certifications and Other Statements of Offerors

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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.

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the estimated price for each subcontract.

(b) AFFILIATED OFFERORS:

(1) Business concerns are affiliates of each other when, either directly or indirectly, one concern controls or has the power to control the other, or a third party controls or has the power to control both.

(2) Each offeror shall furnish, below, the following information:

(i) Whether the offeror has any affiliates;

(ii) The names and addresses of all affiliates of the offeror; and

(iii) The names and addresses of all persons and concerns exercising control or ownership of the offeror and any or all of its affiliates, and whether they are common officers, directors, stockholders holding controlling interest, or otherwise.

AFFILIATED CONCERNS. : (Name, location and, in detail, controlling interest in each)

(c) PRINCIPAL OWNER(S) OR STOCKHOLDER(S):

Each offeror shall list below the name(s) and address(es) of the principal owner(s) or stockholder(s) of the company and percentage of ownership. If a major portion is publicly traded and/or otherwise widely distributed, state that, with the percentage so affected.

(d) STANDARDS OF CONDUCT CERTIFICATION:

This is to certify that, to the best of my knowledge and belief, except as described below, no representative of this firm who deals with US Government employees on any aspect of this procurement is a former US Government employee, to include former US military personnel. I understand that this certification is continuing in nature and places a duty on me and my firm to notify the Contracting Officer of any additional individual(s) who fit the above description prior to the individual's assuming duties.

(i) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(ii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(iii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

Firm ____________________________________________________ Name _____________________________________________________ Signature __________________________________________________

Title _____________________________________________________ Date of Execution ____________________________________________

(e) TAXES:

(1) References:

(i) Contract clause entitled "FAR 52.229-06 Taxes—Foreign Fixed-Price Contracts (Jan 1991)."

(ii) US-ROK Status of Forces Agreement (SOFA), Articles IX and XVI.

(iii) ROK Customs Law, Law No. 1976, promulgated on 29 November 1967, as amended.

(iv) ROK Value Added Tax Law, Law No. 2934, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(v) ROK Special Excise Tax Law, Law No. 2935, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(2) Contractor shall state the types and estimated amount of taxes that would normally apply to such transactions but are excluded from this proposal.

(i) Customs Tax (except for ROK MND-funded contracts or delivery orders):

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

This item will be imported specifically for this contract? Yes _____ No _____

(ii) Special Excise Tax:

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

Name of item manufacturer

(iii) Value Added Tax (VAT):

Input VAT on materials purchased for this contract. 10% _____

Input VAT on transportation leased/rented for this contract.10% _____ Input VAT on equipment leased/rented for this contract. 10% _____ Input VAT on services purchased for this contract. 10% _____ Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P Liters w/o Tax Tax/Unit Total Tax Amount Regular Gasoline ________ (L) ________ w________ w_____________ Premium Gasoline ________ (L) ________ w________ w_____________ Diesel ________ (L) ________ w________ w_____________ Other ________ (L) ________ w________ w_____________

(v) Education Tax.

(3) Name of the oil company from which POL products will be purchased:

Oil Company: _________________________________________ (Name only)

(4) I certify by this submission that all supplies and services to be purchased for this contract have been proposed exclusive of Value Added Tax, applicable Customs Tax (except ROK MND-funded contracts and delivery orders), Special Excise Tax, and Education Tax.

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation.

The Government reserves the right to require any and all certifications and representations to be completed and signed in hard copy by the successful offeror prior to contract award. Failure of an offeror to complete the certifications and representations within the time directed by the Contracting Officer may result in a determination that the contractor is not a responsible offeror for this acquisition.

Section L - Instructions, Conditions and Notices to Bidders

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

Date and Time: 24 April 2019, 1300 hours Korea Standard Time

(c) Participants will meet at--

Location: Walk thru Gate (Pedestrian Gate) at Camp Humphreys

POC: Mr. An, Hyon Min at 050-3356-1618/ 010-5609-8505 (Commercial Phone)

Escort: Any Multiple Award Task Order (MATOC) contractor who needs escort shall have a Korea Identification Card, Passport, or Drivers License.

Offeror shall provide the names of who will attend the site visit to the Point of Contact (POC) listed above no later than 22 April 2019, 1600 hours Korea Standard Time (16:00 PM).

5152.236-4011 CONSTRUCTION PRICE RANGE

Pursuant to FAR 36.204 the estimated price range is between $25,000 and $100,000.

OFFERORS MUST COMPLY WITH THE FOLLOWING:

1. GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL:

a. The Government intends to award without discussion, but reserves the right to conduct discussions if deemed necessary and to establish a competitive range for efficiency in accordance with FAR 52.215-1(f)(4).

b. Offeror(s) may, at the discretion of the Government, be asked to provide more information and clarification regarding their proposals. The Government may make a final determination as to whether an offer is acceptable or unacceptable solely based on the proposals as submitted, without requesting any further information. However, if it is deemed necessary the Government may, at its sole discretion, request additional information clarifying but not substantially changing any proposal as submitted.

2. SUBMISSION OF PROPOSAL:

a. FBO SUBMISSION REQUIRED: Offers shall be submitted to the Federal Business Opportunities (FBO) website (https://www.fbo.gov/), or if FBO is not available, email to david.a.fernandez.civ@mail.mil with the evidence document such as screen shot. The FBO unavailability is limited to only FBO server problem not individual failure/problem. All questions should be emailed to david.a.fernandez.civ@mail.mil within five (5) days after the solicitation is issued.

b. CLOSING DATE: The electronic offer shall be submitted by 1300 hours on the closing date of RFP.

3. SUBMISSION REQUIREMENTS

a. PRICING PROPOSAL: The pricing proposal must clearly indicate prices for each Contract Line Item Number in Section B - Supplies or Services and Prices.

b. DETAILED OFFER BREAKDOWN: The detailed offer breakdown must clearly identify all costs that can materially impact the statement of work.

4. SECTION K - Representations, Certifications and Other Statements of Offers

a. SECTION K - TAXES: Offers must complete all tax portions of SECTION K. The offeror shall review all expenses to ensure that all applicable taxes are excluded from the overall price. In addition, offerors shall propose exemptions of specific ROK taxes that are legitimate, attributable to the contract, and authorized by the applicable stated references.

b. SECTION K - OTHER: Offers must complete all Non-Tax related portions of SECTION K.

5. COMPLIANCE WITH SOLICITATION: Failure to submit the above requirements under SECTION L may be grounds for determining the proposal to be non-compliant. For example, if a detailed offer breakdown is not submitted, the contracting officer will be unable to find the offeror's pricing proposal acceptable and the offer's proposal will be ineligible for award. Non-compliance will only be cured if the government holds discussions as detailed in Section L.

Section M - Evaluation Factors for Award

BASIS OF AWARD

Electronic offers submitted by 1300 hours on the closing date of RFP shall be considered timely.

EVALUATION CRITERIA:

The pricing proposal shall be evaluated to determine whether it is complete and reasonable. A complete and reasonable pricing proposal will be deemed acceptable.

The detailed offer breakdown will be used by the contracting officer to determine whether proposed prices are complete and reasonable. A detailed offer breakdown may be used by the contracting officer to determine whether an offeror is able to complete the requirements under the contract, and/or whether discussions will be conducted pursuant to instructions to the offerors.

SECTION K - Representations, Certifications and Other Statements of Offerors

SECTION K-TAXES will be evaluated to determine whether it is complete. In addition, propose exemptions of specific ROK taxes will be evaluated to determine whether they are legitimate, attributable to the contract, authorized, and reasonable. A complete Section-K that only proposes exemptions of specific ROK taxes that are legitimate, attributable to the contract, necessary to complete the Task Order, do not improperly overstate any proposed tax exemption authorized, and reasonable will be deemed acceptable.

SECTION K-OTHER will be evaluated to determine whether it is complete. A complete SECTION K- OTHER will be deemed acceptable.

BASIS FOR AWARD: Award shall be made to the responsible offeror submitting the lowest priced offer that is evaluated as acceptable for all evaluation criteria.