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1. REQUISITION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS FB529403077067
PAGE 1 OF 32
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
W91QVN-11-T-0074 15-Dec-2010
7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME
INFORMATION CALL: MR. DUNAWAY, ANTHONY C. 01:00 PM 20 Dec 2010
(0505) 784-5808
9. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS
W91QVN
X UNRESTRICTED DESTINATION UNLESS
411TH CONTRACTING SUPPORT BRIGADE, KOREA
BLOCK IS MARKED
UNIT #15289 SET ASIDE: % FOR
APO AP 96205-5289 SEE SCHEDULE
SB
UNITED STATES
HUBZONE SB 13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
8(A)
13b. RATING
SVC-DISABLED VET-OWNED SB
TEL: 14. METHOD OF SOLICITATION
EMERGING SB
FAX: SIZE STD: NAICS:
X RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
SEE SCHEDULE
17a.CONTRACTOR/ OFFEROR CODE 18a. PAY MENT WILL BE MADE BY CODE
FACILITY
TEL. CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE ADDENDUM
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
SEE SCHEDULE
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
0
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES 29. AWARD OF CONTRACT: REFERENCE
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS OFFER DATED . Y OUR OFFER ON SOLICITATION
X (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
(TYPE OR PRINT)
TEL: EMAIL:
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2 OF 32
(CONTINUED)
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
SEE SCHEDULE
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAY MENT 37. CHECK NUMBER
CORRECT FOR
COMPLETE PARTIAL FINAL
PARTIAL FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFY ING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) BACK
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.212
W91QVN-11-T-0074
Page 3 of 32
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each
High Pressure Water Jet Cleaner for 1222
FFP
High Pressure Water Jet Cleaner Model # EURA 160/8 TECNO, MEC or
equivalent in accordance with attached detailed item description.
FOB: Destination
PURCHASE REQUEST NUMBER: FB529403077067
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Each
High Pressure Water Jet Cleaner for 1222
FFP
High Pressure Water Jet Cleaner Model #Super Aquajet 175/11 or equivalent in
accordance with attached detailed item description.
FOB: Destination
PURCHASE REQUEST NUMBER: FB529403077067
NET AMT
NOTICE TO QUOTERS
Korean Manufactured End Products: The Contractor shall deliver only Korean
manufactured end products for LCS funded project.
No appropriated funds of the United States shall be obligated for payment under this
contract.
W91QVN-11-T-0074
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QUOTATION INFORMATION
Offer shall be submitted to yuchin.nam1@korea.army.mil through e-mail. Please include the
purchase requisition number (FB5294-0307-7067) in subject line on the e-mail. The closing date
of the quotation is 1300 hours, 20 December, 2010. It is advised that you may reflect the local
market price in your quotation. If you have any questions, please call Ms. Nam, Yu Chin at
0505-784-5449 (Commercial). E-mail: yuchin.nam1@korea.army.mil.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 30 dys. ADC 1 N/A
FOB: Destination
0002 N/A N/A N/A N/A
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007
52.211-6 Brand Name or Equal AUG 1999
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
W91QVN-11-T-0074
Page 5 of 32
52.247-34 F.O.B. Destination NOV 1991
252.211-7003 Item Identification and valuation SEP 2010
252.225-7041 Correspondence in English JUN 1997
252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors MAR 2006
Outside the United States
252.233-7001 Choice of Law (Overseas) JUN 1997
252.243-7001 Pricing Of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS
code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF
1449). However, the small business size standard for a concern which submits an offer in its own name, but which
proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the
exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as
otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the
requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those
representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts
for the same or similar items and other references (including contract numbers, points of contact with telephone
numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all
terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or
information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from
the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
W91QVN-11-T-0074
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(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time
specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no
expense to the Government, and returned at the sender's request and expense, unless they are destroyed during
preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or
commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated
separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the
Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the
solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers
or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in
the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is
received before award is made, the Contracting Officer determines that accepting the late offer would not unduly
delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the
initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date
specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for
receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the
Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp
of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral
testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received
at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent
Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date,
the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the
solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers,
offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to
the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an
offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person
requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a
contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms
from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later
determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is
W91QVN-11-T-0074
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in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers
received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies
the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for
quantities less than those specified. The Government reserves the right to make an award on any item for a quantity
less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications,
Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and
commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA
Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC
20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this
solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may
be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional
copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST
websites:
(i) ASSIST (http://assist.daps.dla.mil).
(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point
(DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation,
publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of
$3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR)
database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
“DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address.
The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to
establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR
Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and
Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-
866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States
must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror
for a Government contract when contacting the local Dun and Bradstreet office.
W91QVN-11-T-0074
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(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer,
the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to
award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror
does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting
Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information
on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-
2423 or 269-961-5757.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following
information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past
performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection
procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the
agency.
(End of provision)
ADDENDUM TO 52.212-1
1. The quotation with item description shall be conforming to the requirement, and shall be submitted
th
to 411 Contracting Support Brigade, Korea electronically via EDI or through ASFI
(https://acquisition.army.mil/asfi/) or RFPCustodian@korea.army.mil. All questions shall be e-mailed to
yuchin.nam1@korea.army.mil before the solicitation is closed. (The subject of the e-mail shall
identify solicitation number, e.g. Solicitation No. W91QVN-11-T-0074).
2. The offeror(s) shall submit the following requirements IAW Para 1 above.
a. Specification for “equal products”:
In accordance with FAR clause 52.211-6 BRAND NAME OR EQUAL (AUG 1999), submit the
specification if quoted as a substitute item.
“EQUAL” products shall meet or exceed the salient physical, functional or performance
characteristics specified in RFQ.
b. Past Performance
Furnish information indicated below for contracts in progress and the three (3) most recent
government and commercial contracts offeror has performed during the past three (3) years of the same
scope and similar dollar value as that contained in the solicitation.
i. Contract Number
ii. Contract Date
iii. Contract Amount
W91QVN-11-T-0074
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iv. Contracting Agency
v. Project Officer & Phone #
vi. Project Description
Satisfactory or higher past performance rating on the government and commercial projects similar
in nature, scope and dollar value to the subject solicitation during the past three (3) years will be
considered as “Acceptable Past Performance”.
If the offeror is a new entrant to the business and/or no past performance data is available, the
offeror shall indicate “NEW ENTRANT” on the offer and the offeror will be considered to have “Acceptable
Past Performance.”
The Government reserves right to conduct investigation of the offeror’s past performances, not
limited to the listed past performances on the offer.
c. Price Schedule.
The offeror shall submit a Schedule of Proposed Item(s) with Proposed Amount. The offeror shall
indicate Total Amount Proposed with Shipping & Handling Charges at the end of the Schedule.
d. Failure to submit the above requirements may indicate that the offeror fails to understand the
requirement, and may be grounds for determining the proposal to be technically unacceptable
and ineligible for contract award in accordance with FAR 52.212-2 of this solicitation.
e. The offeror shall indicate the Delivery Date after receipt of Purchase Order on the offer if the
delivery can not be made within 60 calendar days.
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)
(a) The Government will award a contract resulting from this solicitation to the Lowest Price Technically Acceptable
(LPTA) responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government,
price and other factors considered. The following factors shall be used to evaluate offers:
Factor A. Technical (see 52.211-6 BRAND NAME OR EQUAL)
Factor B. Price
Factor C. Past Performance
Note 1: To be determined responsible, a prospective contractor must meet FAR 9.104-1 General standards.
Note 2: To be determined technically acceptable, the submitted specification must meet saliant characteristics stated
in this solicitation.
(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.
W91QVN-11-T-0074
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(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2010)
Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12549). The offeror
certifies, to the best of its knowledge and belief that –
(a) The offeror and/or any of its principals ( ) are, ( ), are not presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any Federal agency, and
(b) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a Federal, state, or local government contract or subcontract;
violation of Federal or state antitrust statutes relating to the submission of offers; or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, or receiving stolen property; and
(c) ( ) are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity
with, commission of any of these offenses.
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JUN 2010)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the
requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have
been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or
reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance
will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate
consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-
acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and
(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the
item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of
performance of this contract to a bank, trust company, or other financing institution, including any Federal lending
agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes
payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to
receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the
parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 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 the clause at FAR
52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with
performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
W91QVN-11-T-0074
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(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence
beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public
enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay,
setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch
and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the
address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on
Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required
elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice,
the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation
provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration,
or 52.232-34, Payment by Electronic
Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of
Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against
liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any
United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the
Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
W91QVN-11-T-0074
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(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the
delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate
EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the
invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the
date which appears on the payment check or the specified payment date if an electronic funds transfer payment is
made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the
overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of
overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple
interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the
interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of
1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in
(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the
amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the
contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt
within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline
specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an
installment payment agreement; or
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(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see
32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final
decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default
termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date
and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been
withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to
the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the
Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided
under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or
any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to
the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of
the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the
satisfaction of the Government using its standard record keeping system, have resulted from the termination. The
Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this
purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor
shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of
any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to
provide the Government, upon request, with adequate assurances of future performance. In the event of termination
for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted,
and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is
determined that the Government improperly terminated this contract for default, such termination shall be deemed a
termination for convenience.
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(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the
Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for
use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to
the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive
orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352
relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating
to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58,
Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.
40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in
the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other
Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause
at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5)
solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8)
other documents, exhibits, and attachments; and (9) the specification.
(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is
responsible during performance and through final payment of any contract for the accuracy and completeness of the
data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or
incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to
review and update on an annual basis from the date of initial registration or subsequent updates its information in the
CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the
terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever
is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the
necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor
shall provide the responsible Contracting Officer a minimum of one business day's written notification of its
intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C)
agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must
provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the
agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-
name agreement, the CCR information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be incorrect information within the meaning of the
“Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in
the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of
Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR
record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will
be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT
clause of this contract.
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(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the
internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2010)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are
incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to
acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated
as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to
acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995)
(41 U.S.C. 253g and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI,
Chapter 1 (41 U.S.C. 251 note)).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN
2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)
___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L.
111-5).
___ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).
___ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if
the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
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___ (8) [Reserved].
___ (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
___ (ii) Alternate I (OCT 1995) of 52.219-6.
___ (iii) Alternate II (MAR 2004) of 52.219-6.
___ (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
___ (ii) Alternate I (OCT 1995) of 52.219-7.
___ (iii) Alternate II (MAR 2004) of 52.219-7.
___ (11) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).
___ (12)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2010) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (OCT 2001) of 52.219-9
___ (iii) Alternate II (OCT 2001) of 52.219-9.
___ (iv) Alternate III (JUL 2010) of 52.219-9.
___ (13) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).
___ (14) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT
2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (JUNE 2003) of 52.219-23.
___ (16) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting
(APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (17) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)
(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)
(U.S.C. 657 f).
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___ (19) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.
632(a)(2)).
___ (20) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).
___ (21) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O.
13126).
___ (22) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
___ (23) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
___ (24) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
___ (25) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29
U.S.C. 793).
___ (26) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
___ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable
to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as
prescribed in 22.1803.)
___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY
2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf
items.)
___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of
commercially available off-the-shelf items.)
___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b)
___ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products
(DEC 2007) (E.O. 13423) .
___ (ii) Alternate I (DEC 2007) of 52.223-16. .
___ (31) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513).
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___ (32) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).
___ (33)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-
10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302,
109-53, 109-169, 109-283, and 110-138).
___ (ii) Alternate I (JAN 2004) of 52.225-3.
___ (iii) Alternate II (JAN 2004) of 52.225-3.
___ (34) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10
U.S.C. 2307(f))
___ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
_X__ (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration
(MAY 1999) (31 U.S.C. 3332)
___ (40) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
___ (41) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
___ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.
Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (APR 2003) of 52.247-64.
____
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that
the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of
law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
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____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.
351, et seq.).
____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and
Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C.
206 and 41 U.S.C. 351, et seq.)
____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--
Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and
does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall
have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to
this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other
evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any
shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If
this contract is completely or partially terminated, the records relating to the work terminated shall be made available
for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to
litigation or the settlement of claims arising under or relating to this contract shall be made available until such
appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data,
regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that
the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for
commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause—
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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1
(41 U.S.C. 251 note).
(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts
that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.
(iii) Reserved.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).
(vii) Reserved.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration,
or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--
Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow
down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligations.
(End of clause)
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
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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/
(End of provision)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in
full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this/these address(es):
http://acquisition.gov/far/index.html
http://www.acq.osd.mil/dpap/dars/dfars/
(End of clause)
252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (OCT 2010)
(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if
checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of
commercial items or components.
_X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).
(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR
Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items or components.
(1) ___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847
of Pub. L. 110-181).
(2) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.
2416).
(3) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C. 637).
(4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2010) (15 U.S.C. 637 note).
(5) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d,
E.O. 10582).
(6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).
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(7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10
U.S.C. 2533b).
(8) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).
(9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.
2533a).
(10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of
Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).
(11) )(i) ___ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).
(ii) ___ Alternate I (SEP 2008)
(12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.
2779).
(13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.
2755).
(14)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JUL
2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).
(ii) ___ Alternate I (JUL 2009) of 252.225-7036.
(15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.
2534(a)(3)).
(16) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native
Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in
subsequent DoD appropriations acts).
(17) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).
(18) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).
(19) _X___ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10
U.S.C. 2227).
(20) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092
of Public Law 108-375).
(21) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).
(22)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010)
(Section 884 of Public Law 110-417).
(23)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(ii) ____ Alternate I (MAR 2000) of 252.247-7023.
(iii) ____ Alternate II (MAR 2000) of 252.247-7023.
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(iv) ____ Alternate III (MAY 2002) of 252.247-7023.
(24) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include
the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components,
awarded at any tier under this contract:
(1) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public
Law 108-375).
(2) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010)
(Section 884 of Public Law 110-417).
(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(End of clause)
5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS
(a) SUBCONTRACTING:
If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or
ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the
estimated price for each subcontract.
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
(b) AFFILIATED OFFERORS:
(1) Business concerns are affiliates of each other when, either directly or indirectly, one concern controls or has the
power to control the other, or a third party controls or has the power to control both.
(2) Each offeror shall furnish, below, the following information:
(i) Whether the offeror has any affiliates;
(ii) The names and addresses of all affiliates of the offeror; and
(iii) The names and addresses of all persons and concerns exercising control or ownership of the offeror and any or
all of its affiliates, and whether they are common officers, directors, stockholders holding controlling interest, or
otherwise.
AFFILIATED CONCERNS. : (Name, location and, in detail, controlling interest in each)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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(c) PRINCIPAL OWNER(S) OR STOCKHOLDER(S):
Each offeror shall list below the name(s) and address(es) of the principal owner(s) or stockholder(s) of the company
and percentage of ownership. If a major portion is publicly traded and/or otherwise widely distributed, state that,
with the percentage so affected.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(d) STANDARDS OF CONDUCT CERTIFICATION:
This is to certify that, to the best of my knowledge and belief, except as described below, no representative of this
firm who deals with US Government employees on any aspect of this procurement is a former US Government
employee, to include former US military personnel. I understand that this certification is continuing in nature and
places a duty on me and my firm to notify the Contracting Officer of any additional individual(s) who fit the above
description prior to the individual's assuming duties.
(i) Name ______________________________________________
Former rank/grade ____________________________________
Last US Government position ___________________________
(ii) Name ______________________________________________
Former rank/grade ____________________________________
Last US Government position ___________________________
(iii) Name ______________________________________________
Former rank/grade ____________________________________
Last US Government position ___________________________
Firm ____________________________________________________
Name _____________________________________________________
Signature __________________________________________________
Title _____________________________________________________
Date of Execution ____________________________________________
(e) TAXES:
(1) References:
(i) Contract clause entitled "FAR 52.229-06 Taxes—Foreign Fixed-Price Contracts (Jan 1991)."
(ii) US-ROK Status of Forces Agreement (SOFA), Articles IX and XVI.
(iii) ROK Customs Law, Law No. 1976, promulgated on 29 November 1967, as amended.
(iv) ROK Value Added Tax Law, Law No. 2934, promulgated on 22 December 1976 (effective date 1 July 1977), as
amended.
(v) ROK Special Excise Tax Law, Law No. 2935, promulgated on 22 December 1976 (effective date 1 July 1977),
as amended.
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(2) Contractor shall state the types and estimated amount of taxes that would normally apply to such transactions but
are excluded from this proposal.
(i) Customs Tax (except for ROK MND-funded contracts or delivery orders):
Name Number Cost/Unit
of Item of Units w/o Tax % of Tax Tax/Unit Tax Total
_______ _______ ________ ________ ________ ________
This item will be imported specifically for this contract? Yes _____ No _____
(ii) Special Excise Tax:
Name Number Cost/Unit
of Item of Units w/o Tax % of Tax Tax/Unit Tax Total
_______ _______ ________ ________ ________ ________
______________________
Name of item manufacturer
(iii) Value Added Tax (VAT):
Input VAT on materials purchased for this contract. 10% _____
Input VAT on transportation leased/rented for this contract.10% _____
Input VAT on equipment leased/rented for this contract. 10% _____
Input VAT on services purchased for this contract. 10% _____
Output VAT on total contract amount. 10% _____
(iv) Special Excise (Petroleum) Tax:
No. of U/P
Liters w/o Tax Tax/Unit Total Tax Amount
Regular Gasoline ________ (L) ________ w________ w_____________
Premium Gasoline ________ (L) ________ w________ w_____________
Diesel ________ (L) ________ w________ w_____________
Other ________ (L) ________ w________ w_____________
(v) Education Tax.
(3) Name of the oil company from which POL products will be purchased:
Oil Company: _________________________________________ (Name only)
(4) I certify by this submission that all supplies and services to be purchased for this contract have been proposed
exclusive of Value Added Tax, applicable Customs Tax (except ROK MND-funded contracts and delivery orders),
Special Excise Tax, and Education Tax.
_________________________________
Signed (Chop)
(f) CERTIFICATIONS AND REPRESENTATIONS
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By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation.
The Government reserves the right to require any and all certifications and representations to be completed and
signed in hard copy by the successful offeror prior to contract award. Failure of an offeror to complete the
certifications and representations within the time directed by the Contracting Officer may result in a determination
that the contractor is not a responsible offeror for this acquisition.
5152.229-4012 TAX EXEMPTION, CUSTOMS, REPUBLIC OF KOREA
(a) EXEMPTION: This clause is in implementation of Article IX of the Status of Forces Agreement between the
Republic of Korea and the United States of America granting contractors exemption from Republic of Korea
customs duties and other such charges. At the time this contract is awarded, the Contractor shall certify to the
Contracting Officer that all materials, supplies, and equipment to be imported for the contract have been proposed to
the Government exclusive of customs duties and other such charges and; further, that the contract price includes no
customs duty whatsoever. It shall indicate to the Contracting Officer the total amount of customs duties excluded
from the contract price. The USFK Contracting Officer will verify the amount of customs duty that would otherwise
be applicable to the contract and will issue USFK Form(s) 75 to the Contractor. The contractor will submit the
original USFK Form 75 to the governing ROK Customs Office at the time of import declaration. The Chief of the
Customs Office will review the USFK Form 75 and will exempt the Contractor from customs duties and other such
charges. During the review process the customs office will post on the Contractor's Import Permit the anticipated
submission date for a completed USFK Form 76, which will be prepared by the Contracting Officer and given to the
contractor immediately after contract performance. The Contractor will submit the original USFK Form 76 to the
governing ROK Customs Office no later than the date posted on the Import Permit. If the USFK Form 76 is not
submitted by the anticipated date, the ROK Customs Office will immediately collect the customs duties and other
such charges previously exempted.
(b) If for any reason the Contractor has paid customs duties on materials, supplies, or equipment prior to award of
this contract and desires to use such materials, supplies, or equipment for performance of this contract, the
Contractor must exclude such duties from the contract price and may obtain refund of such previously paid duties by
submitting a completed USFK Form 76 to the governing ROK Customs Office.
(c) Refund: Any Contractor that requires refund of customs duties and other such charges on items used for USFK
contracts, can claim refund of such charges by submitting a copy of a completed USFK Form 76 to the governing
ROK Customs Office
(d) This entire clause is inapplicable to contracts, or any portions of contracts, funded by the Republic of Korea.
5152.229-4013 TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA
This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea
and the United States, granting Contractors exemption from Republic of Korea Special Excise Taxes. At the time
this contract is awarded the Contractor shall indicate to the Contracting Officer which items will be purchased for the
contract that are subject to Special Excise Tax. It shall indicate the name of the item, the number of units to be
purchased, the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the
manufacturer of the item. The Contracting Officer will verify the reasonableness of the quantities claimed and
ensure that the Contractor has certified that the contract price excludes Special Excise Tax on those items subject to
the tax. The contractor shall purchase the special-excise-taxed items from the manufacturer, tax-inclusive. For
construction and single-delivery type supply and service contracts, the contractor shall employ the following
procedure: At the time it purchases the items it shall present the manufacturer with a notification letter requesting
refund of the Special Excise Tax. (Copies of this letter can be obtained from the 411th CSB, Korea Contracting
Officer.) The manufacturer will endorse the letter to the manufacturer's District Tax Office which will make refund
W91QVN-11-T-0074
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to the manufacturer. The manufacturer will make subsequent refund to the Contractor. Requests for refund under
requirements-type contracts will be submitted monthly and will be accompanied by copies of the USFK delivery
orders issue
5152.229-4014 TAX EXEMPTION, VALUE ADDED TAX, REPUBLIC OF KOREA
This clause implements Article XVI of the Status of Forces Agreement between the Republic of Korea and the
United States of America, which exempts contractors from paying the Republic of Korea Value-Added Taxes.
When the contractor submits an offer, it shall certify to the Contracting Officer that all the costs in the offer will be
exclusive of any Value-Added Tax; and further, that the proposed contract price includes no Value-Added Tax. The
contractor shall also indicate the amount and type of Value-Added Taxes excluded from the contract price. If
supplies and/or services which the contractor purchases for this contract include Value-Added Taxes, it can obtain a
full refund for the amount of the Value-Added Tax by submitting to the ROK District Tax Office tax invoices which
the contractor receives when it purchases materials and/or services for this contract. The contractor must submit a
copy of the USFK contract with its first tax invoice submission. Subsequent tax invoice submissions must be
accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.
5152.229-4015 TAX EXEMPTION, POL PRODUCTS, REPUBLIC OF KOREA
(a) This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic
of Korea and the United States of America, granting Contractors exemption from Republic of Korea taxes for
petroleum products (POL) utilized on USFK acquisitions in the Republic of Korea. At the time this contract is
awarded, the Contractor shall make a final nomination in writing of its point of purchase for POL products to be
used on this contract. If the Contractor intends to purchase directly from an oil company refinery, it may nominate
any of the three ROK oil companies below which have agreed to sell to Contractor FOB refinery at the SET-exempt
price.
List of Oil Companies and their Respective Tax Offices
(1) Hyundai Oil Refinery Co., Ltd.: Dong-Inchon District Tax Office
ATTN: POL Tax Administrator
Inchon City, Korea
(2) SK Corporation: Ulsan District Tax Office
ATTN: POL Tax Administrator
Ulsan City, Kyongsan Nam Do, Korea
(3) LG Caltex Company: Yosu District Tax Office
ATTN: POL Tax Administrator
Yosu City, Chonla Nam Do, Korea
(b) If the contractor instead intends to purchase its POL products from an individual gasoline station, the Contracting
Officer will advise the contractor as to which individual gasoline stations will sell to it at the SET-exempt price. The
contractor shall specify from which of those stations it will purchase. In addition to specifying the oil company/gas
station, the Contractor shall state the estimated quantity and the amount of POL to be purchased from each
refinery/gas station. The USFK Contracting Officer will verify the reasonableness of the amounts of POL products
claimed for use on the contract and, based on this verification, the USFK Responsible Officer will issue USFK POL
Tax Exemption Coupons. If the Contractor wishes to purchase from an individual gas station, it will be required to
make advance payment for the amount of POL covered by the coupons. Advance payment will be at the SET-
exempt price and will be made to the gas station(s) previously nominated. Representatives from the nominated gas
W91QVN-11-T-0074
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station(s) shall be present at the issuing session. They will collect the advance payments, mark paid on the back of
“
”
the original copy of the coupons issued, and provide the purchasing Contractor with tax invoices to be used by the
Contractor to obtain SET refund from its governing ROK District Tax Office. All coupons for construction contracts
will be issued at the time of award. Coupons for requirements-type contracts will be issued on a delivery order
increment basis or on a monthly basis. Pre-selected oil company refineries will sell their POL products at the SET-
exempted prices upon presentation of the coupons. Individual gas stations, which have previously collected POL
payment in advance will accept the pre-paid USFK POL Tax Exemption Coupons from contractors and will provide
the POL amounts reflected on tendered coupons without any further charge.
5152.232-4028 FUNDING OF ROK-FUNDED CONTRACTS
(a) Funding advisement: Except for contractual instruments, if any, which specifically obligate U.S. appropriated
funds for payment by the U.S. Government, this contract, any modifications (including exercise of option(s)) to it,
and any delivery orders under it, shall cite MOA Contract - funded by ROK MND, in lieu of citing appropriations
“
”
and accounting data.
(b) Limitation of US liability: The U.S. Government shall incur no liability, and no appropriated funds of the United
States shall be obligated, for payment for services, supplies, claims, or other costs arising out of or under contracts,
delivery or service orders, or exercises of options or other modifications that are designated as MOA Contract -
“
funded by ROK MND.
”
(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 adjustments: It is intended that the Government will apply U.S. appropriated funds under this contract, if
at all, exclusively and only until ROK MND funds become available, at which point the Contract will maximize use
of ROK MND funds. The Government may arrange de-obligation of U.S. appropriated funds previously obligated,
in order to replace them with obligation of ROK MND funds.
(e) Funding carry-over:
(1) The Government 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) Funding for work carried over to the next calendar year will not automatically transfer to the next calendar year;
however, the ROK MND shall seek mutually agreeable procedures for payment for the work carried over.
(f) Availability of ROK Funds for the Next Calendar Year:
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(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.
(3) Notwithstanding the provisions of the preceding subparagraphs, the U.S. Government may, at any point, require
continued performance in obligation of U.S. appropriated funds until the ROK MND funds become available for the
calendar year.
5152.232-4030 PAYMENTS - ROK MND-FUNDED CONTRACTS:
(a) Responsibility for Payment: Pursuant to Memorandum of Agreement (MOA) between United States Forces Korea
(USFK) and the Republic of Korea Ministry of National Defense (ROK MND) concerning this contract, 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.” If the contract or any part of
the contract is identified as obligating U.S. appropriated funds, the U.S. Government shall pay for that portion,
pursuant to and IAW procedures stated by FAR 52.232-1 PAYMENTS (APR 1984). Payments shall be made at the
prices specified in the schedule.
(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;
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(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:
(1) The Contractor shall forward to the Contracting Officer’s Representative (COR) all invoices in five (5) copies for
certification of inspection and acceptance verification. The COR will send the invoices to the Contracting Officer for
approval for payment.
(2) If the contractor doesn’t receive payment within 35 days of the government’s receipt of the invoices, the contractor
should contact the Osan Branch, 411th Contracting Support Brigade, Unit 2039, APO AP 96278-5230.
5152.233-4008 DISPUTES, MINISTRY OF NATIONAL DEFENSE FUNDED CONTRACTS, ROK
(This clause applies only to ROK-funded acquisitions or parts of acquisitions.)
(a) All disputes arising under, or relating to, this contract shall be resolved under this clause.
(b) "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 than 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.
(c) 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.
(d) 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.
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(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.
(e) 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.
(f) 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.
(g) 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.
(h) Regarding "MOA Contract Funded by ROK MND" portion or period of this contract, any reference to the
Disputes clause, FAR 52.233-1, shall be construed to mean this local clause 5152.233-4008.
<DETAILED ITEM DESCRIPTION>
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each
High pressure water jet cleaner. Model # EURA 160/8 TECNO MEC or equivalent
Discharge pressure: 140-150 bar (KG/CM2)
Max pressure: 160-170 bar (KG/CM2)
Water volume: 8-9L/min, 48L/h, Motor power: 2.2-2.5K/w/3-4HP
Volt hertz: 220V, 60Hz single phaze, Temperature 100-120° C
Oil tank volume: 10L diesel, Weight: 86-90 Kg.
Dimension: 900 X 700 X 860 mm
Standard accessories: Main body, rubber hose 10,000 psi, pressure gun, high pressure lance 900mm, nozzle 15 X 1,
and inline hose.
Contractor shall provide all personnel, labor, tools, equipment, materials, supervision, and transportation to purchase
and install.
** In the case of equal item, equal item(s) shall meet or exceed the salient characteristics. The quoter shall
submit the specification for the proposed item(s).
** All measurements are approximates.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Each
High pressure water jet cleaner. Model # SUPER AQUA JET 175/11 or equivalent
Discharge pressure: 170 bar (KG/CM2)
Max pressure: 190 bar (KG/CM2)
Water volume: 11L/min, 660L/h, Motor power: 4 K/w/5.5 HP
Volt hertz: 220V, 60Hz single phaze
Weight: 40 Kg.
Dimension: 900 X 730 X 540 mm +/- 20
Accessories: Main body, gun, lance 900 mm, nozzle 15 X 1, rubber hose 10,000 psi, inline hose and hood filter.
Contractor shall provide all personnel, labor, tools, equipment, materials, supervision, and transportation to purchase
and install.
Maker: sung bo
** In the case of equal item, equal item(s) shall meet or exceed the salient characteristics. The quoter shall
submit the specification for the proposed item(s).
** All measurements are approximates.
