A21_W91QVN19R0203.pdf

SEE ADDENDUM

(No Collect Calls)

W91QVN19R0203 22-Jul-2019

b. TELEPHONE NUMBER

315-755-3400

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 29 Jul 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

MR. SOK, HAN OL

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

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

0011359263

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

CONSTRUCTION & SUPPLY 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 W80MAX 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W6R0AA USA MED DEPT ACT KOREA

W6R0 USA MED DEPT ACT KOREA

USA MED MATERIEL CTR KOREA

BLDG 709 CAMP CARROLL

WAEGWAN 718 800

TEL: 011-82-53-470-65 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

312113

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)

PAGE 2 OF24

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.

W91QVN19R0203

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 36 Box Dry Ice

FFP

Dry Ice Size: 7cm x 15cm x 4cm

The quantity of ice in each box shall be 48 pieces.

One box shall be 30 kg.

Delivery location: Bldg #712 95th Medical Detachment Blood Support at Camp

Humphreys

FOB: Destination

PURCHASE REQUEST NUMBER: 0011359263

PSC CD: 6810

NET AMT

0002 312 Box Dry Ice

FFP

Dry Ice Size: 7.5cm x 7cm x 24cm

The quantity of ice in each box shall be 16 pieces.

Delivery Location: Bldg #3030/3031, Department of Pathology, 121st

CSH/BAACH at Camp Humphreys

FOB: Destination

PURCHASE REQUEST NUMBER: 0011359263

1001 36 Box OPTION Dry Ice

FFP

Dry Ice Size: 7cm x 15cm x 4cm

FOB: Destination

1002 312 Box OPTION Dry Ice

FFP

Dry Ice Size: 7.5cm x 7cm x 24cm

2001 36 Box OPTION Dry Ice

FFP

Dry Ice Size: 7cm x 15cm x 4cm

2002 312 Box OPTION Dry Ice

FFP

Dry Ice Size: 7.5cm x 7cm x 24cm

3001 36 Box OPTION Dry Ice

FFP

Dry Ice Size: 7cm x 15cm x 4cm

3002 312 Box OPTION Dry Ice

FFP

Dry Ice Size: 7.5cm x 7cm x 24cm

4001 36 Box OPTION Dry Ice

FFP

Dry Ice Size: 7cm x 15cm x 4cm

4002 312 Box OPTION Dry Ice

FFP

Dry Ice Size: 7.5cm x 7cm x 24cm

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

MAY 2019

52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation

2018-O0021)

MAY 2019

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.247-34 F.O.B. Destination NOV 1991

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.225-7041 Correspondence in English JUN 1997

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

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

DELIVERY/PAYMENT INFORMATION

1. INSPECTION AND ACCEPTANCE: Inspection for condition, quality, quantity count and final acceptance of the supplies delivered under this Purchase Order shall be conducted by

Receiving Officer or his authorized representative at the final destination point in South Korea.

a. Disregard Delivery Point shown in Block 15 of this order. The detailed addresses and

Receiving Officer are:

A. Receiving Officer and address for 95th MD

(i) Lab NCOIC, 95th MDBS

(ii) QA Manager, 95th MDBS

(iii) Commercial Phone: 05033-37-5732

(iv) Address: Building #712 95th Medical Detachment Blood Support at

Camp Humphreys

B. Receiving Officer for BAACH

(i) Lab Manager, Department of Pathology, 121st CSH/BAACH

(ii) Shipping Supervisor, Department of Pathology, 121st CSH/BAACH

(iii) Commercial Phone: 05033-37-5732

(iv) Address: Building #3030/3031 Department of Pathology, 121st

b. The contractor shall have two (2) designated couriers (Primary and Alternate) to deliver dry ice.

c. The contractor shall be eligible for gate pass. Documents that contractor shall submits for two (2) Base Passes for primary courier & alternate courier and one (1) Vehicle Decal are as followings:

A. Base Pass

(i) A copy of Korean ID (Front & Back Side)

(ii) A copy of Driver's License (Front & Back Side)

(iii) Letter of Employment

B. Vehicle Decal

(i) A copy of Korean ID (Front & Back Side)

(ii) A copy of Driver's License (Front & Back Side)

(iii) Letter of Employment

(iv) Korean Vehicle/Car Registration

(v) A copy of Car Insurance (Insurance Number should be completely indicated without asterisks.)

(vi) A copy of Rental Car Contract (If it is a rental car)

d. Delivery period, Delivery Day and Quantity are as following:

Delivery Period

CLIN from to

0001 and 0002 30-Sep-2019 29-Sep-2020

1001 and 1002 30-Sep-2020 29-Sep-2021

2001 and 2002 30-Sep-2021 29-Sep-2022

3001 and 3002 30-Sep-2022 29-Sep-2023

4001 and 4002 30-Sep-2023 29-Sep-2024

Building #712 95th Medical Detachment Blood Support at Camp Humphreys

Delivery Period Delivery Day Quantity Remark

Base Period Every last Monday of each month 3 each boxes

3 Boxes X 12 Months = 36 Boxes

1st Option Period Every last Monday of each month 3 each boxes

3 Boxes X 12 Months = 36 Boxes

2nd Option Period Every last Monday of each month 3 each boxes

3 Boxes X 12 Months = 36 Boxes

3rd Option Period Every last Monday of each month 3 each boxes

3 Boxes X 12 Months = 36 Boxes

4th Option Period Every last Monday of each month 3 each boxes

3 Boxes X 12 Months = 36 Boxes

Building #3030/3031 Department of Pathology, 121st CSH/BAACH at Camp Humphreys

Delivery Period Delivery Day Quantity Quantity

Base Period Every Monday of each week 6 each boxes

6 Boxes X 52 Weeks = 312 Boxes

1st Option Period Every Monday of each week 6 each boxes

6 Boxes X 52 Weeks = 312 Boxes

2nd Option Period Every Monday of each week 6 each boxes

6 Boxes X 52 Weeks = 312 Boxes

3rd Option Period Every Monday of each week 6 each boxes

6 Boxes X 52 Weeks = 312 Boxes

4th Option Period Every Monday of each week 6 each boxes

6 Boxes X 52 Weeks = 312 Boxes

2. PAYMENT: All request for payment, invoicing, and payment status will be referred to addressee in Block # 18a. All problems on payment of accounts will be directed to the same office. Questions concerning payments should be directed to the Defense Finance and

Accounting Services (DFAS) at dfas.rome.jaa.mbx.rome-vendorpay@mail.mil. Payment will be made NET 30 days from date of receipt of invoice in paying office or acceptance of material/services, whichever is later.

3. NOTICE TO RECEIVING OFFICER (KOREA): Upon receipt and acceptance of supplies, the receiving report shall be submitted electronically through Wide Area Work Flow –

Receipt and Acceptance (WAWF) at the web site https://wawf.eb.mil

CAUTION: Failure to provide completed receiving report on a timely basis may result in a loss of discount, in which event the Receiving Officer is required to furnish reasons for delay so that proper documentation may be made to explain the loss.

4. RECEIVING OFFICER’S NOTIFICATION TO PURCHASING ACTIVITY OF NON-

RECEIPT, DAMAGE OR NON-CONFORMANCE: The Receiving Officer shall notify the

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

5. INVOICE SUBMITTAL:

a. The Contractor shall submit the invoice IAW DFARs 252.232-7003 Electronic

Submission of Payment Requests and Receiving Reports. Upon notification from the Receiving mailto:dfas.rome.jaa.mbx.rome-vendorpay@mail.mil https://wawf.eb.mil/

Officer, the invoice shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF) at the web site https://wawf.eb.mil .

b. The invoice for payment will not be processed until all items are delivered.

52.217-7 -- Option for Increased Quantity -- Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days of the expiration of the contract period. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

52.222-50 Combatting Trafficking in Persons Alternate I (Mar 2015).

(i)

(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from: Applies to

Performance in/at:

USFK

Regulation 190-2 https://8tharmy.korea.army.mil/Safety/Toolbox/Resourc es/Publications/USFKReg190-2.pdf

Republic of Korea

USFK Command

Policy Letter #12 https://www.usfk.mil/Portals/105/Documents/Policylette rs/12_Combating_Prostitution_and_Trafficking_in_Pers ons.pdf?ver=2015-07-30-211909-313

Republic of Korea

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfars

(End of clause)

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

https://8tharmy.korea.army.mil/Safety/Toolbox/Resources/Publications/USFKReg190-2.pdf https://8tharmy.korea.army.mil/Safety/Toolbox/Resources/Publications/USFKReg190-2.pdf https://www.usfk.mil/Portals/105/Documents/Policyletters/12_Combating_Prostitution_and_Trafficking_in_Persons.pdf?ver=2015-07-30-211909-313 https://www.usfk.mil/Portals/105/Documents/Policyletters/12_Combating_Prostitution_and_Trafficking_in_Persons.pdf?ver=2015-07-30-211909-313 https://www.usfk.mil/Portals/105/Documents/Policyletters/12_Combating_Prostitution_and_Trafficking_in_Persons.pdf?ver=2015-07-30-211909-313

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT;

telephone, DSN 222-9832 or commercial (703) 692-9832.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-

7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting

Officer.

Invoice as 2-in-1

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the

Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

https://www.sam.gov/

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0672

Issue By DoDAAC W91QVN

Admin DoDAAC** W91QVN

Inspect By DoDAAC W80MAX

Ship To Code W80MAX

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert

“See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the

DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition

Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s

WAWF point of contact.

MAJ Ha T. Tran, ha.t.tran8.mil@mail.mil

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

5152.229-4012 TAX EXEMPTION, CUSTOMS, REPUBLIC OF KOREA

(a) EXEMPTION: This clause is in implementation of Article IX of the Status of Forces Agreement between the

Republic of Korea and the United States of America granting contractors exemption from Republic of Korea customs duties and other such charges. At the time this contract is awarded, the Contractor shall certify to the

Contracting Officer that all materials, supplies, and equipment to be imported for the contract have been proposed to the Government exclusive of customs duties and other such charges and; further, that the contract price includes no customs duty whatsoever. It shall indicate to the Contracting Officer the total amount of customs duties excluded from the contract price. The USFK Contracting Officer will verify the amount of customs duty that would otherwise be applicable to the contract and will issue USFK Form(s) 75 to the Contractor. The contractor will submit the original USFK Form 75 to the governing ROK Customs Office at the time of import declaration. The Chief of the

Customs Office will review the USFK Form 75 and will exempt the Contractor from customs duties and other such charges. During the review process the customs office will post on the Contractor's Import Permit the anticipated submission date for a completed USFK Form 76, which will be prepared by the Contracting Officer and given to the contractor immediately after contract performance. The Contractor will submit the original USFK Form 76 to the governing ROK Customs Office no later than the date posted on the Import Permit. If the USFK Form 76 is not submitted by the anticipated date, the ROK Customs Office will immediately collect the customs duties and other such charges previously exempted.

(b) If for any reason the Contractor has paid customs duties on materials, supplies, or equipment prior to award of this contract and desires to use such materials, supplies, or equipment for performance of this contract, the

Contractor must exclude such duties from the contract price and may obtain refund of such previously paid duties by submitting a completed USFK Form 76 to the governing ROK Customs Office.

(c) Refund: Any Contractor that requires refund of customs duties and other such charges on items used for USFK contracts, can claim refund of such charges by submitting a copy of a completed USFK Form 76 to the governing

ROK Customs Office

(d) This entire clause is inapplicable to contracts, or any portions of contracts, funded by the Republic of Korea.

5152.229-4013 TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA

This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States, granting Contractors exemption from Republic of Korea Special Excise Taxes. At the time this contract is awarded the Contractor shall indicate to the Contracting Officer which items will be purchased for the contract that are subject to Special Excise Tax. It shall indicate the name of the item, the number of units to be purchased, the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the manufacturer of the item. The Contracting Officer will verify the reasonableness of the quantities claimed and ensure that the Contractor has certified that the contract price excludes Special Excise Tax on those items subject to the tax. The contractor shall purchase the special-excise-taxed items from the manufacturer, tax-inclusive. For construction and single-delivery type supply and service contracts, the contractor shall employ the following procedure: At the time it purchases the items it shall present the manufacturer with a notification letter requesting refund of the Special Excise Tax. (Copies of this letter can be obtained from the 411th CSB, Korea Contracting

Officer.) The manufacturer will endorse the letter to the manufacturer's District Tax Office which will make refund to the manufacturer. The manufacturer will make subsequent refund to the Contractor. Requests for refund under requirements-type contracts will be submitted monthly and will be accompanied by copies of the USFK delivery orders issue

5152.229-4014 TAX EXEMPTION, VALUE ADDED TAX, REPUBLIC OF KOREA

This clause implements Article XVI of the Status of Forces Agreement between the Republic of Korea and the

United States of America, which exempts contractors from paying the Republic of Korea Value-Added Taxes.

When the contractor submits an offer, it shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any Value-Added Tax; and further, that the proposed contract price includes no Value-Added Tax. The contractor shall also indicate the amount and type of Value-Added Taxes excluded from the contract price. If supplies and/or services which the contractor purchases for this contract include Value-Added Taxes, it can obtain a full refund for the amount of the Value-Added Tax by submitting to the ROK District Tax Office tax invoices which the contractor receives when it purchases materials and/or services for this contract. The contractor must submit a copy of the USFK contract with its first tax invoice submission. Subsequent tax invoice submissions must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

5152.229-4015 TAX EXEMPTION, POL PRODUCTS, REPUBLIC OF KOREA

(a) This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, granting Contractors exemption from Republic of Korea taxes for petroleum products (POL) utilized on USFK acquisitions in the Republic of Korea. At the time this contract is awarded, the Contractor shall make a final nomination in writing of its point of purchase for POL products to be used on this contract. If the Contractor intends to purchase directly from an oil company refinery, it may nominate any of the three ROK oil companies below which have agreed to sell to Contractor FOB refinery at the SET-exempt price.

List of Oil Companies and their Respective Tax Offices

(1) Hyundai Oil Refinery Co., Ltd.: Dong-Inchon District Tax Office

ATTN: POL Tax Administrator

Inchon City, Korea

(2) SK Corporation: Ulsan District Tax Office

Ulsan City, Kyongsan Nam Do, Korea

(3) LG Caltex Company: Yosu District Tax Office

Yosu City, Chonla Nam Do, Korea

(b) If the contractor instead intends to purchase its POL products from an individual gasoline station, the

Contracting Officer will advise the contractor as to which individual gasoline stations will sell to it at the SET-exempt price. The contractor shall specify from which of those stations it will purchase. In addition to specifying the oil company/gas station, the Contractor shall state the estimated quantity and the amount of POL to be purchased from each refinery/gas station. The USFK Contracting Officer will verify the reasonableness of the amounts of POL products claimed for use on the contract and, based on this verification, the USFK Responsible Officer will issue

USFK POL Tax Exemption Coupons. If the Contractor wishes to purchase from an individual gas station, it will be required to make advance payment for the amount of POL covered by the coupons. Advance payment will be at the

SET-exempt price and will be made to the gas station(s) previously nominated. Representatives from the nominated gas station(s) shall be present at the issuing session. They will collect the advance payments, mark “paid” on the back of the original copy of the coupons issued, and provide the purchasing Contractor with tax invoices to be used by the Contractor to obtain SET refund from its governing ROK District Tax Office. All coupons for construction contracts will be issued at the time of award. Coupons for requirements-type contracts will be issued on a delivery order increment basis or on a monthly basis. Pre-selected oil company refineries will sell their POL products at the

SET-exempted prices upon presentation of the coupons. Individual gas stations, which have previously collected

POL payment in advance will accept the pre-paid USFK POL Tax Exemption Coupons from contractors and will provide the POL amounts reflected on tendered coupons without any further charge.

PROVISIONS INCORPORATED BY REFERENCE

52.217-5 Evaluation of Options.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (DEVIATION 2018-

O0018) (OCT 2018)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2018)

252.213-7000 NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF SUPPLIER

PERFORMANCE RISK SYSTEM IN PAST PERFORMANCE EVALUATIONS (MAR 2018)

PROVISIONS INCORPORATED BY FULL TEXT

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

(End of Provision)

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 ______________________________________________

(iii) Name ______________________________________________

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 quote.

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

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

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

(ii) Special Excise Tax:

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

Name of item manufacturer

(iii) Value Added Tax (VAT):

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

Input VAT on transportation leased/rented for this contract.10% _____

Input VAT on equipment leased/rented for this contract. 10% _____

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

Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P

Liters w/o Tax Tax/Unit Total Tax Amount

Regular Gasoline ________ (L) ________ w________ w_____________

Premium Gasoline ________ (L) ________ w________ w_____________

Diesel ________ (L) ________ w________ w_____________

Other ________ (L) ________ w________ w_____________

(v) Education Tax.

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

Oil Company: _________________________________________ (Name only)

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

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

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

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

5152.233-4703 AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level

Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an

Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

Headquarters U.S. Army Materiel Command

Office of Command Counsel

4400 Martin Road

Rm: A6SE040.001

Redstone Arsenal, AL 35898-5000

Facsimile number (256)450-8840

The AMC-Ievel protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest

Procedures.

(End of Provision) http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

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

1. Quotations shall be submitted to the Federal Business Opportunities (FBO) website

(https://www.fbo.gov/), or if FBO is not available, email to hanol.sok.ln@mail.mil with the evidence document such as screen shot. The FBO unavailability is limited to ONLY FBO server problem not individual failure/problem. The Government requests all questions be emailed to hanol.sok.ln@mail.mil within 3 days after the solicitation is issued. The electronic bid shall be submitted by the closing date and time of the solicitation, which can be found in Block 8 on page

1 of this solicitation. The local time is Korea Standard Time (KST). Partial quotation will not be acceptable.

2. The offeror(s) shall submit the following requirements IAW Para 1 above.

a. Technical Quote: Technical quote shall contain description/specification of each listed item as applicable.

b. Price Schedule: Pricing information shall be provided in an editable format, such as

Microsoft Excel. Offerors shall submit a price for each item in the schedule of supplies. Partial offers will not be considered for award. Offerors shall provide pricing for all of the line items listed in the schedule, to include optional line items. Optional line items may be priced at a unit price that differs from the base requirement.

3. Failure to submit the above requirements may be grounds for determining the quote to be non-compliant and not eligible to be considered for award.

4. In accordance with FAR 25.1002, solicitations for contracts to be entered into and performed in Korea, to ensure a fair evaluation of offers, the Government will use the

Government current fiscal year conversion rate.

mailto:hanol.sok.ln@mail.mil mailto:hanol.sok.ln@mail.mil

< BASIS OF AWARD>

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

Factor A: Technical

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

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Factor B: Price

Price shall be evaluated to determine if it is fair and reasonable. The government shall use any of the methods listed in FAR 15.4 for its evaluation. The total evaluated price shall consist of the sum of the line items for the base requirement plus all of the optional line items.

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Technical Acceptable/Unacceptable Ratings