W91QVN23R0014-final.pdf

SEE ADDENDUM

(No Collect Calls)

W91QVN23R0014 21-Nov-2022

b. TELEPHONE NUMBER

315-755-3349

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 20 Dec 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91QVN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MS. YUN, SU-OK

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W90QU022860999

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

HUMPHREYS CONTRACTING DIVISION

UNIT 15289

APO AP 96271-5584

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 W90QU0 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

UNC U4

LTC ADAMS, MATHEW

UNC U4 BUILDING P12412

CAMP HUMPHREYS

APO AP 96273

UNITED STATES

TEL: 315-755-4645 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

336211

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W91QVN23R0014

Section SF 1449 - CONTINUATION SHEET

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government

SPECIAL NOTICE

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 dated 2022 Stock Change Certificate/Stamp or signature required (주식 변동 상황/22년도 발생/문서 아래에 대표 서명 또는 직인

있어야 함) OR Business Fact (If private / 사실증명서)), 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).

3. 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.

4. To validate if an individual is “Korean nationality”, the following documents shall be submitted:

a) Business Registration (사업자 등록증) (less than three (3) months old) (3개월 사업자

등록증)

b) Basic Certificate –detailed version (기본 증명서-상세)

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 two (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 three (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 Each

45 PASSENGER BUS

FFP

Hyundai Universe Prime Diesel Bus (45 PAX), or equal. See the next page for details.

FOB: Destination

PURCHASE REQUEST NUMBER: W90QU022860999

PSC CD: 2310

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each

31 PASSENGER BUS

FFP

Hyundai Aerotown G/WAY Diesel Euro 6 (31PAX), or equal. See next page for details.

FOB: Destination

PURCHASE REQUEST NUMBER: W90QU022860999

PSC CD: 2310

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 6 Each

8 PASSENGER SUV

FFP

Hyundai Palisade Prestige 2.2 Diesel AWD (8 PAX), or equal. See next page for details.

FOB: Destination

PURCHASE REQUEST NUMBER: W90QU022860999

PSC CD: 2310

NET AMT

SALIENT CHARACTERISTICS

VEHICLE SALIENT

CHARACTERISTICS

ITEM 0001: Hyundai Universe Prime Diesel Bus (45 PAX), or equal (1 EACH)

Note: Vehicle/Equipment and furnished accessories shall comply with Korea Motor Vehicle Safety Standard in effect on the date of manufacture.

A. MINIMUM DIMENSIONS

Seating Capacity Minimum 45 passengers

Cargo Capacity Greater than 11,000kg

B. REQUIREMENTS

(1) Engine: EURO 6D, Electronic Diesel, in-line 6 cylinder

(2) Fuel Tank: 350L

(3) Transmission System: Automatic transmission

(4) Floor type: FLAT

(5) Full air braking system

(6) Audio: CD/MPS/Bluetooth

(7) Air conditioner with heater

(8) Safety: Emergency exit door

(9) Red emergency flare with triangle reflectors.

(10) Spare tire with tire changing tools or tire repair kit.

(11) Fire extinguisher, air bags and floor mats (front and back seat area).

(12) Seat Belts: Shall be installed on all seats.

(13) Seats: Artificial leather seats or equivalent

(14) Steering Type: Power

(15) Service Brake Type: Full air, dual circuit, fixed “S” cam with spring loaded chambers

(16) Wired Dynamic microphone for tour guide connected on M800B Audio (Direction-Uni-

Directional/Frequency response: Max. 80-15 KHz/ Cable length: min 50cm/max 150cm/ Weight:

Max. 300g/Including microphone holder

(17) Tinting: light tint to protect direct sunlight.

(18) Exterior Color: Manufacturer’s standard color

(19) Seat Color: Orange brawn color or Express brawn color

(20) Warranty: Bumper-to-bumper (Minimum 3yrs or 60,000km, whichever comes first)

During the warranty period, the contractor shall provide maintenance service on the warranty guaranteed parts with 100% coverage at no cost. If repairs cannot be performed on the spot, the contractor is responsible for moving vehicles to their facility.

(21) Certification and Technical Publications (provided at time of delivery):

a. Certificate of manufacturer for each vehicle showing purchase from manufacturer.

b. Documentation that specifies USFK as the vehicle’s owner.

c. Vehicles must be not older than 2023.

d. The certificate of manufacture must show a manufacture date of no more than 90 days from the date of award.

e. Vehicle must not have more than 25 kilometers on the odometer.

f. Operator’s manual in English (Hangul if English version is not available) for each bus.

g. One (1) set of technical manuals (parts catalog, service manual, electrical scheme) in

English (Hangul if English is not available). An electronic version of the manuals is acceptable.

(22) Temporary license plates shall be provided for each delivered vehicle.

C. INTENDED USE

USFK and complementary organizations operate Joint Security Area and Panmumjon Tours throughout the year; average 4 tours per day, 200 days per year. All touring officials must board the buses to enter these areas. Tours include, but not limited to, small groups of VIPs, General Officers, or Distinguished Guests and their staff and family members. Expected usage is approximately 10,000km per year based on historical records.

D. SAFETY. New vehicles shall comply with Korean domestic safety and exhaust emission control requirements.

ITEM 0002: Hyundai Aerotown G/WAY Diesel Euro 6 (31PAX), or equal (1 EACH)

A 31 PAX bus, Turbo Charged/Intercooled diesel engine, in-line 6 cylinder

Note: Vehicle/Equipment and furnished accessories shall comply with Korea Motor Vehicle Safety Standard in

Seating Capacity Minimum 31 passengers

Cargo Capacity Greater than 7,000kg

(1) Engine Displacement: Electronic Diesel 5,899cc

(2) Fuel Tank: 200L

(3) Transmission System: Automatic transmission

(4) Red emergency flare with triangle reflectors.

(5) Spare tire with tire changing tools or tire repair kit.

(6) Fire extinguisher, air bags and floor mats (front and back seat area).

(7) Seat Belts: Shall be installed on all seats.

(8) Seats: Artificial leather seats or equivalent

(9) Steering Type: Power

(10) Service Brake Type: Air over Hydraulic, dual circuit/ Full Air

(11) Exterior & Interior Color: Manufacturer’s standard color

(12) Wired Dynamic microphone for tour guide connected on M800B Audio (Direction-Uni-

Directional/Frequency response: Max. 80-15 KHz/ Cable length: min 50cm/max 150cm/ Weight:

Max. 300g/Including microphone holder

(13) Tinting: light tint to protect direct sunlight.

(14) Warranty: Bumper-to-bumper (Minimum 3yrs or 60,000km, whichever comes first)

During the warranty period, the contractor shall provide maintenance service on the warranty guaranteed

(15) Certification and Technical Publications (provided at time of delivery):

b. Documentation that specifies USFK as the vehicle’s owner.

c. Vehicles must be not older than 2023.

d. The certificate of manufacture must show a manufacture date of no more than 90 days from the date of award.

e. Vehicle must not have more than 25 kilometers on the odometer.

f. Operator’s manual in English (Hangul if English version is not available) for each bus.

g. One (1) set of technical manuals (parts catalog, service manual, electrical scheme) in

(16) Temporary license plates shall be provided for each delivered vehicle.

C. INTENDED USE USFK and complementary organizations operate Joint Security Area and Panmumjon Tours throughout the year; average 4 tours per day, 200 days per year. All touring officials must board the buses to enter these areas. Tours include, but not limited to, small groups of VIPs, General Officers, or Distinguished Guests and their staff and family members. Expected usage is approximately 8000km per year based on historical records.

D. SAFETY New vehicles shall comply with Korean domestic safety and exhaust emission control

ITEM 0003: Hyundai Palisade Prestige 2.2 Diesel AWD (8 PAX), or equal (6 EACH)

Note: Vehicle/Equipment and furnished accessories shall comply with Korea Motor Vehicle Safety Standard in

Seating Capacity Minimum 8 passengers

Cargo Capacity Minimum of cargo space of 1,200L

(1) Exterior Color: Black

(2) Interior Color: Black

(3) Interior Trim: Leather

(4) Displacement: Minimum 2.2L

(5) Seat Belts: Shall be installed on all seats.

(6) Functions: Multi-terrain control

(7) Transmission: 8 Speed Automatic Transmission

(8) Steering: Motor-Driven Power Steering

(9) Tinting: light tint to protect direct sunlight.

(10) Safety Features: Forward Collision-avoidance assist, lane keeping assist, blind spot collision-avoidance assist, safety exit assist, driver attention alert, blind spot view monitor, rear cross- traffic collision- avoidance assist, rear occupant alert, 9 airbag system

(11) Warranty: Bumper-to-bumper (Minimum 3yrs or 60,000km, whichever comes first)

During the warranty period, the contractor shall provide maintenance service on the warranty guaranteed

(12) Certification and Technical Publications (provided at time of delivery):

b. Documentation that specifies USFK as the vehicle’s owner.

c. Vehicles must be model year no earlier than 2023.

d. The certificate of manufacture must show a manufacture date of no more than 90 days from the date of award.

e. Vehicle must not have more than 25 kilometers on the odometer.

f. Operator’s manual in English (Hangul if English version is not available) for each SUV.

g. One (1) set of technical manuals (parts catalog, service manual, electrical scheme) in

(13) Temporary license plates shall be provided for each delivered vehicle.

C. INTENDED USE. USFK and its complementary organizations conduct inspections and investigations every day, throughout the DMZ. Vehicles are sometimes driven off-road due to road condition of the DMZ.

Additionally, due to geographic nature, vehicles go through steep inclines, which wears out vehicles faster, hence requiring a AWD. Expected usage is approximately 13,000-15,000km per year based on historical data.

D. SAFETY. New vehicles shall comply with Korean domestic safety and exhaust emission control

OFFEROR INFORMATION

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

INSTRUCTION TO OFFEROR(S)

1. Quotation(s) shall be submitted directly to suok.yun.ln@army.mil and yunchae.yi.ln@army.mil within the closing date and time of the Request for Quotation (RFQ). Please include solicitation number in the subject line on the email. All questions shall be sent via email to suok.yun.ln@army.mil and yunchae.yi.ln@army.mil within five

(5) days after the solicitation is issued.

mailto:suok.yun.ln@army.mil mailto:yunchae.yi.ln@army.mil mailto:yunchae.yi.ln@army.mil

2. Quotation shall include/address the following: Quotation(s) shall contain price(s) and detailed specification of the items (including quoting on brand name items) in the RFQ. Offeror shall not copy, paste, and provide the salient characteristics of the items in the RFQ as the required descriptions/ technical specification.

►Factor A. Technical Capability: (Brand Name or Equal) Proposal(s) shall contain the descriptions/technical specification of each listed items with picture (if available) including manufacturer name and model/part number (including brand name only items). ITEMS MUST MEET THE SALIENT CHARACTERISTICS AND BE ACCOMPANIED BY THE DESCRIPTION/ TECHNICAL SPECIFICATION OF

EACH ITEM INCLUDING MANUFACTURER’S NAME AND MODEL/ PART NUMBER.

►Factor B. Price. Quotation shall contain completed price schedule.

3. All items are Brand Name or Equal (FAR 52.211-6).

4. Delivery Lead Time: Quotation(s) shall specify delivery date and shall meet the delivery terms of the RFQ.

5. The vendor shall submit the quotation in Korean Won Amount.

6. Clauses 52.204-24, 52.204-26 shall be filled out and submitted upon request from the Government.

7. Offeror’s status as a Korean contractor: Offeror must submit “Certified Copy of Register”, “Stock Change Certificate” (issued post 1 Apr 2022) and Parent's Certified Copy of Register, if applicable. See ‘ELIGIBILITY

FOR AWARD OF ROK MND CONTRACTS’.

8. Only contractors who are registered and have an active account at the System for Awards Management (SAM) https://www.sam.gov will be awarded a contract as a result of this solicitation. All contractors, offering under this solicitation MUST be registered. Offers, where the contractor is not registered may be rejected.

9. Failure to submit the above requirements may indicate the offeror fails to understand the requirement, and may be grounds for determining the quotation to be technically unacceptable and ineligible for contract award.

LOCAL DELIVERY INFORMATION

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

1. Door to Door delivery: The contractor shall contact the receiving officer for the end user’s place before delivery is performed.

Headquarters United Nations Command Building P12412 US Army Garrison Humphreys Camp Humphreys Republic of Korea

2. Receiving Officer: CDR Mathew Adams, 315-755-4645, mathew.g.adams2.fm@army.mil

3. Completion time of delivery:

a. 45 PAX and 31 PAX BUS: No later than 180 days after receipt of order or modification. Partial delivery is authorized.

b. 8 PAX SUV: No later than 90 days after receipt of order or modification.

4. NOTICE TO RECEIVING OFFICER (KOREA): Upon receipt and acceptance of supplies, the Receiving Officer is responsible for preparing a receiving report on DD Form 250. The Receiving Officer https://www.sam.gov/ is required to complete the entire DD 250 and distribute to the Contract Specialist: Ms. Yun, Su Ok, 411th CSB, Korea, Unit 15289, APO AP 96271, TEL: 755-3349 (DSN), e-mail: suok.yun.ln@army.mil

5. PAYMENT: Requests for payment, invoicing and payment status – will be referred to the USFK-J4 (LCS funded).

Payment Will Be Made By:

Republic of Korea Ministry of National Defense Logistics Planning Division.

Phone: 02-748-5706

Submit Invoice(s) To:

Logistics Cost Share Program Manager Multinational Logistics Division, J49, USFK PSC 303 Box 29, APO AP 96204 Phone: DSN 315-755-8457 / Comm) 0503-355-8457 Mail box: indopacom.humphreys.usfk.mbx.j4-lcs@mail.mil

6 . NOTICE TO RECEIVING OFFICER (KOREA): Upon receipt and acceptance of supplies, the receiving report shall be provided to the contractor.

7. 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.

BASIS FOR AWARD

BASIS OF AWARD

(a) The Government will award a contract resulting from this solicitation to the responsible offeror having submitted the lowest-priced, technically acceptable quote that satisfies all terms and conditions of this solicitation.

The following factors shall be used to evaluate quotations:

►Factor A. Technical Capability: (FAR 52.211-6, Brand Name or Equal) ITEMS MUST MEET THE

SALIENT CHARACTERISTICS BY STATING THE DESCRIPTION/SPECIFICATIONS OF EACH ITEM

INCLUDING MANUFACTURER'S NAME AND MODEL/PART NUMBER.

►Factor B. Price

Note 1: To be determined responsible, a prospective contractor must meet FAR 9.104-1 General standards.

Note 2: Award will be based on all or none basis.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.211-6 Brand Name or Equal AUG 1999 52.212-2 Evaluation - Commercial Items NOV 2021 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Products and Commercial Services (MAY 2022) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)

MAY 2022

52.222-50 Combating Trafficking in Persons NOV 2021 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.247-34 F.O.B. Destination NOV 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

252.211-7003 Item Unique Identification and Valuation MAR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation

2020-O0022)

AUG 2020

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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 not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) 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 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)(2) 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 not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019) ALTERNATE I (MAR 2015)

As prescribed in 22.1705(b), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:

(i)

(A) The United States Government's zero tolerance policy 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) https://www.sam.gov/ http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_190-2_Off-Limits_Areas_and_Establishments.pdf http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_190-2_Off-Limits_Areas_and_Establishments.pdf http://www.usfk.mil/usfk/Uploads/140/USFK%20CPL12.pdf

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):

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

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

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 .

5152.229-4012 TAX EXEMPTION CUSTOMS, REPUBLIC OF KOREA

Pursuant to Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America, the United States and its contractors are exempt from Republic of Korea customs duties and other related charges. By submission of its offer or quote, the Contractor certifies that the price for all material, supplies, and equipment to be imported for the performance of this contract do not include any otherwise applicable customs duties. To obtain an exemption or reimbursement for customs duties paid pursuant to performance of the contract, the contractor must provide the Contracting Officer with the total amount of customs duties that have been excluded from the contract price. The Contracting Officer will return USFK Form 75 to the contractor for filing with the Republic of Korea Customs Office at the time of import declaration or later if the customs duties were paid before award of the contract.

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 (VAT), 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 Funded Contracts

FUNDING OF ROK MND FUNDED CONTRACTS

(a) 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.

(b) 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.

(c) 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.”

(d) 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.

(e) 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 Funded Contracts

PAYMENTS OF ROK MND FUNDED 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 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.

(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 ROK MND Funded Contracts

CHOICE OF LAW AND DISPUTES, ROK MND FUNDED CONTRACTS

(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 (d)(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,…