W91QVN23R0234 Installation Electrical Gate and Fence.pdf

W81HME31740001

OFFERORS MUST COMPLY WITH THE FOLLOWINGS;

A. THIS IS A NON-WORK PLAN TASK ORDER FOR THE FOLLOWING MATOC Logistics Cost Sharing (LCS) CONTRACTORS ONLY. MATOC Contract NO: W91QVN18D0100, 0102, 0104, 0105, 0106, 0110, 0111, 0134, 0137, 0138, 0139, 0142, 0143, 0145 and 0146.

B. SUBMISSION OF PROPOSAL: The proposals shall be submitted by 1300 hours (Korean Standard Time) on the closing date of the RFP via Email to mihye.yim2.ln@army.mil. See Section L for details.

C. SITE VISIT: Offerors w ho intend to propose on the solicitation are strongly encourage to attend the site visit. See the site visit clause (FAR 52.236-27) in Section L for schedule.

D. If the contractor is unable to submit the proposal in response to this RFP, the contractor shall submit the “No-Offer Letter” via email by closing date and time specif ied in this RFP.

E. Construction Price Range: Betw een $250,000 and $500,000

MS YIM, MI HYE 315-755-3383

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

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

NEGOTIATED

07-Sep-2023

(RFP)

(IFB)

X

CALL:

Installation of Fence & Electrical Auto Slide Vehicle Gate

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

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

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

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________05 Oct 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

HUMPHREYS CONTRACTING DIVISION

UNIT 15289

APO AP 96271-5584

UNITED STATES

W91QVN

PAGE OF PAGES

1 OF

CODE W91QVN

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour) Sealed envelopes containing offers

411TH CSB, KOREA - HUMP CONTRACTING DIV

POC: MS. YIM, MI HYE

TEL: 0503-355-3383

MIHYE.YIM2.LN@ARMY.MIL

APO AP 96271

UNITED STATES

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

22 & 28

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

FAX:TEL: TEL: 0503-355-3383 FAX:

W91QVN23R0234 20

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W91QVN23R0234

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Installation of Electrical Gate/ Fence

FFP

LCS Project. The contractor shall provide all necessary resources to perform Project No: 22, Installation of fence thru SOCKOR Compound fence line and Project No: 28, Installation of Electrical Auto Slide Vehicle Gate for HQ 110, P- 7621 at USAG Humphreys IAW the Statement of Work (SOW), Specification/Drawings, all terms and conditions contained herein.

See SOW and Drawings.

Work Class: K FOB: Destination

PURCHASE REQUEST NUMBER: W81HME31740001

PSC CD: C1PZ

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot War Hazard

FFP

Expected Losses from War Hazard are Zero (0).

FOB: Destination

PSC CD: C1PZ

NET AMT

Section C - Descriptions and Specifications

SOW

Statement of Work

Installation of Electrical Auto Slide Vehicle Gate and installation of fence slats USFK LCS Project Priority # 22 (Fence Slats)

USFK LCS Project Priority # 28 (Electrical Auto Slide Vehicle Gate)

1. Background/Introduction: Special Operation Command-Korea HQ compound has lack of capability on AF/PT fence security at compound. SOCKOR requirement to obtain the Service for upgrade ATFP protection within compounds fence. ATFP security upgrade include with electrical vehicle sling gate. The vehicle gate area will demolish existing double side vehicle gate and installation of electrical sliding gate. SOCKOR require to add addition feature on fence perimeter line to protect internal activity within SOCKOR compound from outside the SOCKOR AT/FT perimeter.

2. Scope of Work: The work entails excavating, concrete, metal, structure work, and installation of 4 electrical vehicle sliding gate to build per drawings provided by SOCKOR SOJ4 EN shop. Also, additional work contains installation of fence slats thru SOCKOR Compound fence line. The Contractor should furnish all necessary materials and furnishing of all labor, transportation, equipment, and tools to reconfigure the areas. Work will be performed within a fixed-price contract. See attachment for detailed construction requirements, and locations.

3. Incidental Service:

3.1 Demolish all existing metal vehicle gate (please see detail drawing)

3.2 Re-aligned the fence and pedestrian gate (please see detail drawing)

3.3 Provide sliding gate with system (please see detail drawing)

3.4 Provide excavation work to provide electrical line & Comms line path and conduit do destination for pre-work for advantor system (please see detail drawing)

3.5 provide electric panel and network panel each side of vehicle gate location (please see detail drawing)

3.6 provide control panel for each location of vehicle gate. (Please see detail drawing)

3.7 Provide double pedestal keypads for all entrance and exit with height for regular vehicle and truck. (Sample attached)

3.8 installation 4X bollard by double pedestal keypads for protection.

3.9 provide obscurant on new slide gate.

3.10 provide As-built drawing as final inspection.

3.11 Provide all fence obscurant material: Material type: Aluminum, Color: green, height 6ft to 7ft, width:1.5 inch.

3.12 Provide all installation of fence slats all fence line exclusive of vehicle gate and turn style gate. (Please see detail drawing)

4. Period of Performance: 90 days from the date of award. Work schedule shall be approved by SOCKOR engineer office.

5. Place of Performance: SOCKOR HQ permitter fence line P7621, P7626 and 7628 at USAG Humphreys HQ 110 compound

6. Codes and Regulations: All work will be done in accordance with Army, DoD, federal, country, safety and environmental codes and regulations.

• UFC 4-022-03 security fences and gates

• O&MA 2014

• Environment Governing Standard (EGS) 201-1

• UFC 3-500: electrical

• IEEE C2-2012 National Electrical Safety Code (NESC)

• EM 385-1-1

7. Site Visit: Contractor shall examine the site and determine for themselves the existing conditions and general character of the site. Claims for additional costs due to conditions that could have been verified by site investigation will not be authorized. Contractor shall contact the COR to schedule the Site Visit.

8. Government Furnished Property (GFP) and Services: The US Government will not provide any equipment, fuel, personnel, utilities, or facilities to the contractor for the execution of this contract. Should an emergency arise, only the necessary basic lifesaving and life support measures will be provided during the emergency.

9. Work Week and Hours of Operation: The Contractor shall provide services during normal working hours excluding federal holidays. Normal working hours are 0830-1630, Monday through Friday, unless requirements dictate otherwise. Exceptions can be permitted by the COR upon request and at the COR’s discretion.

Following is a list of holidays observed by the Government.

Name of Holiday Time of Observance New Year’s Day 1 January Martin Luther King Jr. Day Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Juneteenth 19th of June Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

If any of the above holidays occur on a Saturday or a Sunday, then such holiday shall be observed by the Contractor in accordance with the practice as observed by the assigned Government employees at the using activity

10. Security and Access Requirements: Contractor shall adhere to current installation security policies. All necessary permits pass and other security/access requirements shall be obtained prior to commencing the applicable stage of work.

11. Safety and quality control

1) Contractor personnel shall adhere to all safety regulations within US and Korean laws. All equipment brought by the Contractor shall be in good working condition. Proper safety gear must be worn at all times where applicable.

2) Contractor will provide proper training to its employees on how to operate all equipment in a safe manner in accordance with MFG’s guideline.

12. General Requirements:

1) Materials for this project shall meet all applicable Korean and U.S. Standards. Manufacturer’s plan of installation will be submitted to the government/customer POC listed for review and approval prior to installation. Material shall all be new (no refurbished items).

2) Pre-final/Final inspection will be conducted upon completion of work. The United States Government will perform the inspection within 2 working days after notification by the Contractor.

3) The contractor shall provide a One Year Warranty of installation and provide the standard material warranty from the manufacture. Warranty should start the day of final inspection and acceptance.

4) The contractor shall be responsible for the protection of existing equipment, landscape, structures, and surrounding facilities. Any damages shall be repaired to match conditions prior to damage at no additional cost to the government.

5) The contractor shall provide a contract manager who shall be responsible for the performance of the work.

The contract manager shall have full authority to act in behalf of the contractor on all contract matters relating to daily operations of this contract. The contract manager shall be able to read, write, speak, and understand English.

6) Contractor personnel shall present a neat appearance and be easily recognized as contractor employees.

This may be accomplished by wearing distinctive clothing bearing the company name or by wearing appropriate badges which contain the contractor’s company name and the employee’s name.

7) Smoking is not allowed inside and within 50 feet of the entrance of any facility. The contractor or the contract manager is responsible to enforce the smoking policy for all employees engaged in the performance of this contract work.

8) The telephone number for Security Police, Fire Protection, Emergency Medical Service, and other emergencies is 911.

9) The contractor shall properly dispose of all existing parts and equipment in accordance with Korean/local laws upon completion of work.

13. Points of Contact:

Customer POC: Mr. Moon, Ga Facility Operation Specialist DSN: 757-3596 ga.moon@socom.mil POC for Acceptance of Deliverables: Mr. Moon, Ga DSN: 757-3596 APOC for Acceptance of Deliverables: 1LT. Phillip, Ronald DSN: 757-7619 Financial POC: Maj. Jung, Yun Ji DSN: 757-7902

Drawing_ Fence Slats

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

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

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

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

NOV 2021

52.229-12 Tax on Certain Foreign Procurements FEB 2021

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, 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 Principal Assistant Responsible for Contracting (PARC). In the event that the contractor does appeal the decision of the Contracting Officer, the appeal shall be heard by and decided by the PARC and/or a panel of U.S. officials, chaired by the PARC. The decision of this panel shall be final.

(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 in accordance with this local clause, 5152.233-4008.

Section J - List of Documents, Exhibits and Other Attachments

ATTACHMENT

Auto Sliding Gate Model Drawing Electrical Vehicle Gate Drawing Sliding Gate Specification

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

ATTACHMENT: CONTRACTOR’S TAX EXEMPTION DECLARATION

(1) References:

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

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

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

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

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

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

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

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

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

(ii) Special Excise Tax:

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

Name of item manufacturer

(iii) Value Added Tax (VAT):

Input VAT on materials purchased for this contract. _________ Input VAT on transportation leased/rented for this contract. _________ Input VAT on equipment leased/rented for this contract. _________ Input VAT on services purchased for this contract. _________ Output VAT on total contract amount. _________

(iv) Special Excise (Petroleum) Tax:

No. of Unit Price Total Tax Liters w/o Tax Tax/Unit Amount

Regular Gasoline __________ (L) ₩_________ ₩________ ₩_________

Premium Gasoline __________ (L) ₩_________ ₩________ ₩_________

Diesel __________ (L) ₩_________ ₩________ ₩_________

Other __________ (L) ₩_________ ₩________ ₩_________

(3) Name of Oil Company Refinery from which POL products will be purchased:

Oil Company: _________________________________________ (Name only)

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

Contractor’s Signature

Section L - Instructions, Conditions and Notices to Bidders

INSTRUCTION

GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL

1. 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.

2. GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL

The Government intends to award without discussion, but reserves the right to conduct discussions if deemed necessary and to establish a competitive range for efficiency in accordance with FAR 16.505(b)(1).

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

3. SUBMISSION OF PROPOSAL

(a) ELECTRONIC SUBMISSION REQUIRED: Offers shall be submitted via email to mihye.yim2.ln@army.mil.

The Government requests all questions be emailed to the contract specialist, mihye.yim2.ln@army.mil within five (5) days after the site visit.

(b) Offer shall provide a Point of Contact (name, position title, email address, and phone number) who has knowledge of the proposal’s contractual and technical issues.

(c) Pursuant to FAR 36.204, the estimated price range is between $250,000 and $500,000.

mailto:mihye.yim2.ln@army.mil

4. CLOSING DATE: The electronic offer shall be submitted by 13:00 pm (Korea Standard Time) on the closing date of RFP.

5. SUBMISSION REQUIREMENTS

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

(b) DETAILED OFFER BREAKDOWN: The detailed offer breakdown must clearly identify all costs that can materially impact the statement of work. Offerors shall submit an offer breakdown that identifies materials, labor, and Transportation and Equipment (T&E), and any other resources upon which the offeror intends to rely to perform this contract in accordance with the Statement of Work. The offer breakdown must demonstrate that the offeror understands the requirement in the RFP by listing an appropriate amount of materials, labor, and transportation and equipment required to perform the contract in accordance with the Statement of Work and drawings.

7. SECTION K - Representations, Certifications and Other Statements of Offerors

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

(b) SECTION K-OTHER: Offerors must complete all Non-Tax related portions of SECTION K.

8. NO-OFFER LETTER: If a MATOC Contractor is unable to submit a proposal in response to this RFP, The Contractor Shall submit a “No-Offer” Letter by date and time specified in this solicitation.

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

SECTION L.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

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

DATE/TIME: 13 September 2023, 10:00 AM (KST) LOCATION: P-7621, USAG Humphreys POC: Mr. Moon, Ga at (DSN) 757-3596, (COMM) 050-3357-3596

(End of provision)

Section M - Evaluation Factors for Award

1. BASIS FOR AWARD

Award shall be made to the responsible offeror submitting the lowest priced offer that is evaluated as acceptable for all evaluation criteria. In order to be considered for award a contractor must submit all required documents, receive a technically acceptable rating for their non-price proposal, and have a fair and reasonable price.

2. EVALUATION CRITERIA

The pricing proposal shall be evaluated to determine whether it is complete and reasonable. A complete and reasonable pricing proposal will be deemed acceptable. The government shall use any of the techniques identified in FAR 15.404 to determine the price to be fair and reasonable.

The detailed offer breakdown will be used by the contracting officer to determine whether proposed prices are complete, balanced, and reasonable. A detailed breakdown shall be subject to a technical analysis in order to determine if it supports the requirements in the SOW and associated drawings. A detailed offer breakdown may be used by the contracting officer to determine whether an offeror is able to complete the requirements under the contract, and/or whether discussions will be conducted pursuant to instructions to the offerors.

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

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