W91QVN21R0241 2ID Museum Renovation.pdf

W91QVN21R0241

COMBINED SYNOPSIS/SOLICITATION FOR MUSEUM RENOVATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format FAR in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS

(a) This solicitation is conducted under the LCS program and will result in a contract between the Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States (US) shall be obligated for payment due under a contract resulting from this solicitation.

(b) In accordance with the International Agreement between the US and ROK, titled “Implementation Arrangement for the Special Measures Agreement” (hereinafter “International Agreement”), signed by the parties in 2019:

The parties hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and that all equipment and supplies that are to be acquired with ROK Government funds shall be manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the Korea Railroad Corporation, or the ROK military.

The term ‘Korean contractor” in implementing the LCS program in Section V, Paragraph 3 (of the 2019 SMA IA) is defined as follows:

1. An entity, that, including its parent, is a domestic corporation under the Korean Corporation Tax Act and whose domestic status is recorded in the Certified Copy of Register or its successor document. A parent is defined as an entity that holds more than 50/100 of the total issued and outstanding shares in another company, as reflected in the Stock Change Certificate; or

2. An individual who has Korean nationality.

(c) In order to establish eligibility for a LCS contract, the offeror shall submit the documents listed below with their proposal prior to the closing date/time established in the solicitation. The contracting officer will determine the offeror’s eligibility status as a Korean contractor solely on the basis of these documents.

1. Prime Contractor Registration: The offeror shall submit its Certified Copy of Register (등기부 등본

(유효사항)), as certified and submitted to the ROK Supreme Court (대법원). In order to qualify as a

Korean Contractor, the fourth block of the offeror's Certified Copy of Register [등기부 등본 (유효사항)] must state an address that is physically located in the Republic of Korea.

2. Prime Contractor Stock Change Certification: The offeror shall submit its most recent Stock Change

Certificate (주식 변동 상황 명세서), as certified and submitted to the ROK Local Tax Office (국세청).

The prime contractor’s Stock Change Certificate (주식 변동 상황 명세서) will be evaluated to determine if the prime contractor has a Parent (as defined in the International Agreement extract above).

NOTE: If the Prime Contractor has a Parent, the offeror shall submit the Parent’s

Certified Copy of Register (등기부등본 (유효사항)) as certified and submitted to the

ROK Supreme Court (대법원). In order for the Prime Contractor to qualify as a Korean

Contractor, the fourth block of the offeror’s Parent’s Certified Copy of Register (등기부

등본 (유효사항)) must state an address that is physically located in the Republic of Korea.

3. If an Offeror does not have a Stock Change Certificate, to validate if an individual is “Korean nationality”, the following documents shall be submitted:

a) Business Registration (사업자 등록증)

b) Basic Certificate (기본 증명서)

c) Certificate of Business Fact (사업사실증명서) (Issued by National Tax Service showing partnership/owners, shares, and date when the business was jointly owned)

(d) To summarize the requirements stated above:

1. An offeror that does not have a “Parent” will submit 2 documents to establish that the offeror is a Korean Contractor:

a) Offeror's Certified Copy of Register, and

b) Offeror's Stock Change Certificate.

2. An offeror that does have a “Parent” will submit 3 documents to establish that the offeror is a Korean Contractor:

a) Offeror's Certified Copy of Register,

b) Offeror's Stock Change Certificate, and

c) Parent's Certified Copy of Register.

3. An Offeror that does not have Stock Change Certificate will submit:

a) Business Registration,

b) Basic Certificate, and

c) Certificate of Business Fact.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job 2nd Infantry Division / 8th Army Museum Renovation

FFP

Work Class: K Project 2ID / 8A Museum Renovation FOB: Destination

PSC CD: C1JA

NET AMT

Statement of Work 8A & 2ID Museum Renovation

PART 1

GENERAL INFORMATION

1.1 Description of Services/Introduction

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 and drawings, except as specified in PART 3 as government furnished property. Fabrication and Installation is defined in this Statement of Work (SOW) at Eighth Army (8A) & Second Infantry Division (2ID) Museum, Camp Humphreys, South Korea, Building 101. The contractor shall perform to the standards in this contract.

1.2 Background

The effort is in support of the US Army Center of Military History (CMH) mission to collect, preserve, interpret, and display historical military material, culture, or artifacts.

1.3 Scope

CMH requires fabrication and installation of a new exhibit space at Camp Humphreys, South Korea. Work shall include modification of the museum entrance and facilities, fabrication of all exhibit components, and creation of As-Built drawings. The contractor shall pack, ship and install exhibit fixtures, in the exhibit area and the installation of historic objects into those fixtures. Perform final focusing of lighting.

1.4 Period of Performance: Work shall be completed no later than 180 calendar days after receiving notice to proceed.

1.5 General Information

1.5.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective work. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his Quality Control (QC) system.

1.5.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). 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, expected medium or format, and submission.

1.5.3 Recognized US Federal Holidays. No work shall be conducted on these days:

New Year’s Day Labor Day Birthday of Martin Luther King Jr. Columbus Day Washington’s Birthday Veterans Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

1.5.4 Hours of Operation: The contractor is responsible for conducting delivery between the hours of 8am to

5pm, Monday-Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Limited onsite storage space will be provided for the exhibit fixtures and tools.

1.5.5 Place of performance is the 8A & 2ID Museum at Camp Humphreys, South Korea, building 101.

1.5.6 Security Requirements

1.5.6.1 Access and General Protection/Security Policy and Procedures: The work to be executed under this contract is on a United States (U.S.) military installation. The contractor is responsible for any and all costs associated with gaining access to the base if any. The contractor shall be responsible for submitting personnel and vehicle information to the installation security office necessary for base access.

1.5.6.2 Installation Access: Entry to the installation requires the following: Prior coordination with the

Contracting Officer’s Representative (COR) or designated representative, current vehicle registration, proof of insurance, valid driver’s license for the vehicle driver, and picture identification for other personnel.

1.5.6.3 The Contractor/Subcontractor and their employees requiring access to the installation will be required to comply with the installation access control policy/procedures. The Contractor(s) with whom this Agreement is made shall provide a listing of vehicles that will require installation access upon the establishment of this contract. The Government will not be responsible for damages due to delay/stoppages caused by failure to comply.

1.5.6.4 All contractor employees shall be easily recognized by wearing uniform and/or name tag during the performance of work under this contract. All cargo vehicles also shall be identified as performers by displaying company name during working hours.

1.5.6.5 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, Contractor employees, and their personal 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.

1.5.6.6 Physical Security: The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.5.7 Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

1.5.8 Pre-construction Conference: Prior to commencing work, the Contractor shall meet with the COR, at a time determined by the COR, to discuss and develop a mutual understanding relative to scheduling and administering the work.

1.5.9 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.5.10 Existing Work: All portions of existing work which have been altered in any way during the Contractor's operations shall be repaired or replaced in kind and in a manner to match existing or adjoining work, as approved by the COR. All work of this nature shall be performed at the Contractor's expense and shall be performed as directed by the COR. At the completion of all operations, existing work shall be in a condition equal to or better than that which existed before the work started.

1.5.11 Coordination: The Contractor shall coordinate its work with all others (subcontractor and government agencies) involved in the project and shall cooperate with all other contractors and government agencies to facilitate the general progress of the work. The contractor shall be provided a list of other government agencies and other contractors as applicable, at the pre-construction conference for coordination purposes.

1.5.12 Materials Compliance: The contractor shall make certain all materials used meet the requirements of the contract and proof thereof upon request of the COR. Materials not meeting the requirements of the contract shall not be brought to the job site. All materials shall be new and the standard products of a manufacturer regularly engaged in the manufacturing of such materials. Submittals obliged by this contract such as construction progress schedule, contractor quality control plan, safety plan, submittal registry, and ENG form 4025, or equivalent, (including attachments) will not be accepted in paper format and must be electronic files submitted via CD/DVD to COR.

1.5.13 Construction: Prior to start of any work for civil, mechanical and electrical, the contractor shall obtain written permission from the COR. The contractor shall submit a request for the construction permit in writing, at least ten (10) working days prior to the anticipated start of work. The request shall be submitted to the COR.

1.5.14 Hoisting and Moving Equipment: The prime contractor and subcontractor shall provide all cranes, lifts, and any other moving equipment necessary for the proper and efficient movement of materials. The equipment shall be provided with proper guidelines, bracing, safety devices, and any other associated safety measures, as required by USACE EM 385-1-1. Prime contractor and subcontractors are responsible for safe operations.

1.5.15 Equipment: All Contractor equipment shall be functional and must meet safety standards in accordance with USACE EM 385-1-1. It is the responsibility of the contractor to inspect all of its equipment prior to use. Equipment not completely safe or functional as determined by the Government, shall be repaired and replaced before work is initiated.

1.6 Safety Requirements: All work shall be conducted in a safe manner and shall comply with the current safety requirements as indicated in EM 385-1-1, Safety and Health Requirements Manual issued by the U. S. Army Corps of Engineers.

1.7 Technical Specifications: Tasks must meet "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.

PART 2

SPECIFIC TASKS

1.7 Basic Requirements. The contractor shall provide the following:

1.7.1 Submittals: As soon as practicable, after the award, the Contractor shall submit (1) electronic set of the following submittals to the COR for approval before commencement of work.

1.7.1.1 Safety Data Sheets (SDS)

1.7.1.2 Hazard Analysis Plan and Safety Plan with Accident Prevention Plans

1.7.1.3 Quality Control Plan and Work Schedule

1.7.1.4 Catalog cuts or Samples of Construction Material

1.7.2 During performance under this contract, the contractor shall accurately record and delineate on a set of electronic Computer Aided Design (CAD) and Portable Document Format (PDF) of contract drawings, all changes in such work which constitute departures from the original contract drawings. The set of drawings (electronic CAD and PDF), thus corrected and changed, usually referred to as “As-Built” drawings, shall be delivered to the COR at the final acceptance inspection by the Government of the completed work.

1.7.3 Contractor shall submit to the COR for review and approval information relevant to the current level of project progress (IAW CDRL A003). Information is defined as drawings, files, and any other material relevant to the project at that given moment.

1.7.4 The contractor shall provide samples of all materials, colors and finishes to be used in the project prior to the start of fabrication. Acceptance or rejection of the samples shall be submitted to the contractor by the COR. If needed fabricate prototypes and mockups prior to the start of fabrication. Acceptance or rejection shall be submitted to the contractor by the COR.

1.7.5 Provide PDF copies of the final graphic production files for final review and approval by CMH prior to the fabrication of graphics.

1.7.6 The contractor shall modify the museum entrance, structure, and facilities per drawings, specifically, drawing item number 2.

1.7.7 The contractor shall lower the ceiling level of the room, remove current fluorescent lighting, and install gallery-specific lighting.

1.7.8 Fabricate all components of the exhibit as specified in the design package per drawings 1 and 3 – 12.

1.7.9 The contractor shall provide the opportunity for two field visits of Army personnel to the fabricator’s shop (costs to be incurred by the CMH). Date to be determined.

1.7.10 Contractor shall be responsible for packing, transporting, unloading and unpacking all of the fixtures either produced by the fabricator or purchased by the contractor. The contractor is responsible for all items during transportation including coordination delivery, unloading, and unpacking of fixtures.

1.7.11 Contractor shall construct and install all museum scenes and dioramas per drawings, specifically, drawing number 1, 2, 10, 11, and 12.

1.7.12 Contractor shall construct and install all cabinets and displays per drawings.

1.7.13 Contractor shall install all artifacts into displays, cabinets, dioramas, and on mannequins, under the direction of museum personnel, per drawings, specifically, drawing number 1, 4, 8, 10, 11, and 12.

1.7.14 Contractor shall construct and install artifact labels in English and Hangul per drawings, specifically, drawing number 1.

1.7.15 Contractor shall construct and install graphics per drawings, specifically, drawing number 3 and 7.

1.7.16 Contractor shall be responsible for installation of all exhibit components into the exhibit space in coordination with Army personnel.

1.7.17 Contractor shall be responsible for maintaining the exhibit space for cleanliness for the duration of the installation.

1.7.18 Contractor shall install and electrically connect all audio visual equipment per drawings, specifically, drawing item number 5 and 6.

1.7.19 Contractor shall install and electrically connect all lighting per drawings, specifically, drawing item number 9.

1.7.20 Contractor shall be responsible for focusing of lighting.

PART 3

APPLICABLE PUBLICATIONS

3.1 AR 870-20 Army Museums, Historical Artifacts, and Art

3.2 "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.

CLAUSES INCORPORATED BY REFERENCE

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

ANTI-TERRORISM

1. AT Level I training. All contractor employees, to include subcontractor employees, requiring access 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 of incorporation of this requirement into the contract, whichever is applicable. 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 by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil.

2. Access and general protection/security policy and procedures. Contractor and all associated subcontractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contract or Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

3. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

4. iWATCH Training. 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 NLT 30 calendar days after contract award.

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

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

JUL 2021

52.222-50 Combating Trafficking in Persons OCT 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-20 Warranty Of Services MAY 2001 252.201-7000 Contracting Officer’s Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.225-7041 Correspondence in English JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) ALTERNATE I (MAR 2015)

(c)(1)(i) (A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

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

Document Title: USFK Regulation 190-2 Document may be obtained from:

http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_190-2_Off- Limits_Areas_and_Establishments.pdf

Document Title: USFK Command Policy Letter #12 Document may be obtained from:

http://www.usfk.mil/usfk/Uploads/140/USFK%20CPL12.pdf

Applies to Performance in/at: Republic of Korea

(End of clause)

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):

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

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

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

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

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

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

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

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

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

(1) A foreign government;

(2) A representative of a foreign government; or

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

(d) Information and guidance pertaining to DOD antiterrorism/force protection can be obtained from HQDA (DAMO-ODC) ODCSOP, Telephone DSN 225-8491 or Commercial (703) 695-8491 for Army.

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.

5152.232-4028 – Funding of ROK MND Contracts

(a) This is a contract between the Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States (US) shall be obligated for payment due under this contract.

(b) Funding advisement: This contract, any modifications (including exercise of option(s)) thereto, and any delivery or task orders thereunder, shall be paid with ROK funds and shall cite “MOA Contract - funded by ROK MND” (in lieu of citing appropriations and accounting data). No U.S. funds, appropriated or other, are or will be obligated under this contract.

(c) Limitation of US liability: The U.S. Government shall incur no liability, and no appropriated or other funds of the United States shall be obligated, for payment for services, supplies, claims, or other costs arising out of or under this contracts, delivery or service orders, exercises of options, or other modifications.

(d) Identification of invoices: Contractor shall state clearly “MOA Contract - funded by ROK MND” on all invoices for performance under contracts, delivery or service orders that are designated as “MOA Contract - funded by ROK

MND.”

(e) Funding carry-over:

(1) The Contractor will make every reasonable effort to obtain completion of all performance under the contract and to obtain, approve, and forward Contractor’s invoices under the contract before the end of the calendar year of the contract. In the event that any work initiated under the contract cannot be completed by the end of the calendar year, the Contractor shall furnish the Contracting Officer and USFK, ATTN: FKJ4-P-G, not later than 30 November, the following information:

(i) A list of work that apparently will not be completed and invoiced by, and apparently will require payments after, the end of the calendar year;

(ii) Estimated price of work that apparently will be carried beyond the calendar year; and

(iii) Date of anticipated completion of the work.

(2) The ROK MND shall seek mutually agreeable procedures for payment for work carried over to the next calendar year.

(f) Availability of ROK Funds for the Next Calendar Year:

(1) This contract is funded with calendar year ROK MND funds, from date of award through 31 December of the year in which the contract is awarded and/or into which the contract is extended. ROK MND funds are not available for performance, under this contract, beyond 31 December of the current contract’s calendar year period. Any obligation and/or legal liability on the part of ROK MND for the next calendar year’s performance, including exercise of any option to extend the services/contract, is contingent upon the Contracting Officer’s explicit notification to the Contractor of availability of that new calendar year’s ROK MND funds, from which contractual payment(s) can be made.

(2) Unavailability of ROK MND funds until a few months into the new calendar year may necessitate a break in performance of the contract until those funds become available. In the event of a break in performance because of unavailability of the new calendar year’s ROK MND funds for obligation under the contract, that break in performance shall not be deemed a breach or default of the contract.

5152.232-4030 – Payments of ROK MND Contracts

(a) Responsibility for Payment: The ROK Government shall make payment directly to the contractor for performance rendered and accepted under any contract part, or delivery or service order identified as “MOA contract

– funded by ROK MND.” Payments shall be made at the prices specified in the contract.

(b) Performance Certification and Contract Administration: The U.S. Government has sole authority to administer this contract. The U.S. Government, through its designated USFK official(s), has sole authority to inspect and accept goods and services and to determine the Contractor’s entitlement to payment from the ROK under this contract. The administering U.S. Government Contracting Officer will resolve all disputes, claims, and appeals before certifying invoices for payment. Neither ROK MND nor ROK Defense Logistics Agency will pay any invoice or claim under this contract without prior U.S. Government certification of the invoice.

(c) Payment for Partial Deliveries: Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the U.S. Government, if (1) the amount due on the deliveries warrants it, or (2) the Contractor requests it and the amount due on the deliveries is at least either the local currency equivalent of $1,000.00 or 50% of the total contract price.

(d) Invoices: An invoice is a written request for payment for supplies rendered. In order to be proper, an invoice must include as applicable the following:

(1) Invoice date;

(2) Name and address of contractor;

(3) Contract number or other authorization for supplies delivered or service performed (including order number and contract line item number);

(4) Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed;

(5) Shipping and payment terms (e.g. shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading;

(6) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);

(7) Name, title, phone number and mailing address of person to be notified in event of a defective invoice; and

(8) Any other information or documentation required by other provisions of the contract (such as evidence of shipment).

(9) Invoices shall be prepared and submitted in five (5) copies (one copy of the invoice shall be marked “Original”) unless otherwise specified.

(e) Procedures for Payment by ROK MND:

(1) The Contractor shall forward to the Contracting Officer’s Representative (COR), for certification of inspection and acceptance, all invoices in five (5) copies.

(2) If the contractor doesn’t receive payment within 35 days of the government’s receipt of the invoices, the contractor should contact the COR.

(f) Payment Addresses:

ROK Ministry of National Defense Defense Logistics Agency (DLA) Seoul, Korea

5152.233-4008 CHOICE OF LAW AND DISPUTES UNDER MINISTRY OF NATIONAL DEFENSE

FUNDED CONTRACTS, ROK

(a) This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with U.S.

law.

(b) All disputes arising under, or relating to, this contract shall be resolved under this clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant; however, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the clause until certified as required by subparagraph (e)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the clause. The submission may be converted to a claim under the clause, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d) The contractor shall have the right to submit to the Contracting Officer, disputes, demands, and/or claims, relating to or arising under this contract, only on the issue of whether the Government should and will certify performance, for payment by the ROK Government. The contractor shall not submit to the U.S. Government, nor will the Contracting Officer accept, any disputes, demands, or claims for compensation for work, which the U.S.

Government has certified as completed.

(e) Procedures

(1) A claim by the contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a decision by the Contracting Officer.

(2) For contractor’s claims exceeding $100,000, the contractor shall submit with the claim a certification that –

(i) The claim is made in good faith;

(ii) Supporting data are accurate and complete to the best of the contractor's knowledge and belief; and

(iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable.

(3) Individuals

(i) If the contractor is an individual, the certification shall be executed by that individual.

(ii) If the contractor is not an individual, the certification shall be executed by –

(A) A senior company official in charge at the contractor's plant or location involved; or

(B) An officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs.

(f) For contractor’s claims of $100,000 or less, the Contracting Officer will, if requested in writing by the contractor, render a decision within 60 days of the request. For contractor-certified claims over $100,000, the Contracting Officer will, within 60 days, decide the claim or notify the contractor of the date by which the decision will be made.

(g) The Contracting Officer's decision shall be final unless the contractor appeals the decision within 30 days of the Contracting Officer's decision, to the Senior Contracting Official (SCO). In the event that the contractor does appeal the decision of the Contracting Officer, the appeal shall be heard by and decided by the SCO and/or a panel of U.S.

officials, chaired by the SCO. The decision of this panel shall be final, and the parties agree that there are no additional appeal rights. The parties waive their rights to pursue any claim, appeal, or action arising from or relating to this contract, before any other civil court, board, authority, or other adjudicative body.

(h) The contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, or action arising under the contract, and comply with any decision of the Contracting Officer.

(i) This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S. Code, Sections 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved only in accordance with this local clause, 5152.233-4008.

LIST OF APPLICABLE DRAWINGS

General: The work shall conform to the attached contract drawings and the standard detail drawings provided by the

COR.

Item

Number File

Name Description

1 2019-03-19_2ID_100FD_Artifactlabels.pdf Artifact labels in English and Hangul including placement

2 2019-03-19_2ID_100FD_Exhibits.pdf Museum wall plan, cases, and general layout.

3 2019-03-19_2ID_100FD_GraphicsPkg.pdf Graphics, images, and pictures including placement

4 2ndID_ArtifactsList.pdf Lists artifacts to be displayed, identifies case number, and provide test associated with each item

5 2ndID_AV-cutsheets.pdf Technical specifications for specific audio visual equipment.

6 2ndID_AVHardwareList.pdf Table of audio visual equipment including manufacturer, model, and number required

7 2ndID_GraphicSchedule.pdf Table of graphics size, production Style, Edge detail, description, and notes.

8 2ndID_HardwareCutSheets.pdf Technical specifications for specific hardware equipment.

9 2ndID_Lighting-Cutsheets.pdf Technical specifications for specific lighting equipment.

10 2ndID_MannequinList.pdf Table of mannequin descriptions, locations, and uniforms worn

11 2ndID_PropList.pdf Table of prop descriptions, locations, and notes.

12 2ndID_ScenicReferences.pdf Photos examples of scenes in museum

52.212-1 Instructions to Offerors--Commercial Items JUL 2021

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 provision ______________________________________________________ (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)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If…