W91 QVN 11 A0004

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					                                              ORDER FOR SUPPLIES OR SERVICES                                                                                             PAGE 1 OF       14


1. CONTRACT/P URCH. ORDER/                     2. DELIVERY ORDER/ CALL NO. 3. DATE OF ORDER/CALL 4. REQ./ P URCH. REQUEST NO.                                         5. P RIORITY
  AGREEMENT NO.
W91QVN-11-A-0004                                                                      2011 Apr 26

6. ISSUED BY                              CODE W91QVN                        7. ADMINIST ERED BY                                        CODE W91QVN
411TH CONTRACTING SUPPORT BRIGADE, KOREA                                      411TH CSB, KOREA - TAEGU BR.                                                            8. DELIVERY FOB
UNIT #15289                                                                   POC: MS. KIM, MI-KY ONG
                                                                              TEL: 0505-768-7222
                                                                                                                                                                             DEST
APO AP 96205-5289
UNITED STATES                                                                 MIKY ONG.KIM1@KOREA.ARMY .MIL                                                               X OT HER
                                                                              APO AP 96218-5682
                                                                              UNITED STATES
                                                                                                                                                                        (See Schedule if other)



9. CONT RACT OR                          CODE 1L30F                                  FACILIT Y        1L30F             10. DELIVER TO FOB P OINT BY (Date)           11. MARK IF BUSINESS IS
TAEJONG HARDWARE STORE                                                                                                            SEE SCHEDULE                                SMALL
KIM, Y UN SU                                                                                                            12. DISCOUNT TERMS                                    SMALL
595-3 SAMCHUNG-RI, WAEGWAN-EUP,                                                                                         Net 30 Days                                           DISADVANTAGED
CHILGOK-GUN 718803                                                                                                                                                            WOMEN-OWNED
KOREA, REPUBLIC OF
                                                                                                                        13. MAIL INVOICES T O T HE ADDRESS IN BLOCK
                                                                                                                        See Item 15
14. SHIP T O                             CODE                                15. PAYMENT WILL BE MADE BY                        CODE W81C1C
                                                                             175TH FINANCIAL MANAGEMENT CENTER                                                            MARK ALL
                                                                             ATTN: ACCOUNTS PAY ABLE BRANCH
   SEE SCHEDULE                                                              UNIT #15300
                                                                                                                                                                       PACKAGES AND
                                                                                                                                                                        PAPERS WITH
                                                                             APO AP 96205-5300
                                                                                                                                                                       IDENTIFICATIO N
                                                                             UNITED STATES
                                                                                                                                                                         NUMBERS IN
                                                                                                                                                                       BLO CKS 1 AND 2.

  16.  DELIVERY/                  This delivery order/call is issued on another Govt. agency or in accordance with and subject to terms and conditions of above numbered contract.
 T YPE CALL
   OF  PURCHASE                   Reference your quote dated
ORDER                             Furnish the following on terms specified herein. REF:
                                  ACCEPT ANCE. T HE CONT RACT OR HEREBY ACCEPT S T HE OFFER REPRESENT ED BY T HE NUMBERED PURCHASE
                                  ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT T O ALL OF T HE T ERMS
                                  AND CONDIT IONS SET FORT H, AND AGREES T O PERFORM T HE SAME.


      NAME OF CONT RACT OR                                             SIGNAT URE                                           T YPED NAME AND T IT LE                            DAT E SIGNED
                                                                                                                                                                               (YYYYMMMDD)
      If this box is marked, supplier must sign Acceptance and return the following number of copies:
17. ACCOUNT ING AND APPROPRIAT ION DAT A/ LOCAL USE



  18. IT EM NO.                      19. SCHEDULE OF SUPPLIES/ SERVICES                                   20. QUANT IT Y
                                                                                                              ORDERED/                21. UNIT 22. UNIT PRICE                  23. AMOUNT
                                                                                                              ACCEPT ED*


                                                      SEE SCHEDULE
                                                            24. UNITED STATES OF AMERICA
* If quantity accepted by the Government is same as         TEL: (0505) 768-8098                                                                            25. T OT AL
quantity ordered, indicate by X. If different, enter actual EMAIL: YimMS@korea.army.mil                                                                     29.
quantity accepted below quantity ordered and encircle. BY: MS. YIM, MI-SUK                                  CONTRACTING / ORDERING OFFICER                  DIFFERENCES
26. QUANT IT Y IN COLUMN 20 HAS BEEN                                                                  27. SHIP NO.             28. DO VOUCHER NO. 30.
                                                                                                                                                  INIT IALS
     INSPECT ED            RECEIVED              ACCEPT ED, AND CONFORMS T O T HE
                                                                                                                               32. PAID BY         33. AMOUNT VERIFIED
                                                 CONT RACT EXCEPT AS NOT ED                                   PART IAL
                                                                                                                                                   CORRECT FOR
                                                                                                              FINAL
       DAT E                      SIGNAT URE OF AUT HORIZED GOVT . REP.                               31. PAYMENT
                                                                                                                                                             34. CHECK NUMBER
36. I certify this account is correct and proper for payment.                                                 COMPLET E
                                                                                                              PART IAL
                                                                                                                                                             35. BILL OF LADING NO.
        DAT E                  SIGNAT URE AND T IT LE OF CERT IFYING OFFICER                                  FINAL

37. RECEIVED AT               38. RECEIVED BY                         39. DAT E RECEIVED              40. T OT AL     41. S/R ACCOUNT NO. 42. S/R VOUCHER NO.
                                                                           (YYYYMMMDD)                    CONT AINERS

DD Form 1155, JAN 1998 (EG)                                                               PREVIOUS EDIT ION MAY BE USED.
                                                                                                W91QVN-11-A-0004

                                                                                                          Page 2 of 14

Section B - Supplies or Services and Prices


BPA Master Dollar Limit: $6,500,000.00
BPA Call Limit: $150,000.00

Period of Performance: 26-Apr-2011 to 25-Apr-2014

FSC Codes:
8135


SUPPLY/SERVICE AND PRICE

A. PERIOD OF PERFORMANCE:

26-Apr-2011 or the date of agreement, whichever is later, thru 25-Apr-2014

B. ITEM DESCRIPTION (FSC Code and Description: 8135 – Packaging and Packing Bulk Materials)

CLIN 0001: Steel Strapping 1-1/4 inch
CLIN 0002: Steel Strapping ¾ inch

C. PRICE SCHEDULE AND DELIVERY INFORMATION

     1. PRICE SCHEDULE: The Contractor shall deliver items to Camp Carroll, Waegwan, Bldg#T-561 based on
the unit prices. (The delivery charge should be included in each unit price.)


CLIN          Item Description                                                               Quantity    Price

0001          Steel Strapping 1-1/4 inch                                                     1 Coil      KW59,185
              Wide: 1.250 inch, Thickness: 0.035 inch, Weight: 98-102lb, Breaking
              Strength: 4760 pounds minimum, Surface Treatment: Zinc coated,
              Material: Steel (seals must be hand clamped individually)
0002          Steel Strapping ¾ inch                                                         1 Coil      KW60,520
              Wide: 0.750 inch, Thickness: 0.035 inch, Weight: 98-102 lb, Breaking
              Strength: 2855 pounds minimum, Surface Treatment: Zinc coated,
              Material: Steel (seals must be hand clamped individually)

     2. The contractor shall deliver item on time specified in each call. If not, the payment will be deducted based on
the times spent by the government employees.

     3. DELIVERY INFORMATION: The delivery shall be made within twenty (20) working days after receipt of
call. The call officers should make a call before three (3) working days in advance.

D. GENERAL TERMS AND CONDITIONS

1. DESCRIPTION OF AGREEMENT: This is a BLANKET PURCHASE AGREEMENT (BPA) established for
the purpose of obtaining Steel Strapping that are listed under Federal Supply Class (FSC) Code. This BPA is for the
use of Area IV DoD organizations, Republic of Korea.
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                                                                                                            Page 3 of 14

2. Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made
under the BPA.

3. Purchase limitation: Individual purchases under this BPA SHALL NOT EXCEED $6,500,000. Authorized
individual(s) whose organizational component is 411th CSB, Korea shall not exceed $150,000. For the authorized
individual(s) whose organizational component is not 411th CSB, Korea shall not exceed $3,000 per purchase/call.

4. Call Officer

4.1. The Contracting Officer will separately appoint Call Officer.

4.2. The Contracting Officer will notify the supplier of any changes or additional individuals authorized to call and
the BPA shall be modified accordingly.

4.3. Calls placed by unauthorized individuals and accepted by the supplier will not be approved for payment.

4.4. The Call Officer shall not perform the duties of the Receiving Officer.

4.5. See Attachment “A” for Call Officers. (To be determined later.)

5. Delivery Conditions:

a. Delivery Tickets: A requirement that all shipments under the agreement, except those for newspapers, magazines,
or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum
information:

         (i) Name of supplier.

         (ii) BPA number.

         (iii) Date of Call.

         (iv) Call number.

         (v) Itemized list of supplies or services furnished.

         (vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions
need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to
show this information).

         (vii) Date of delivery or shipment.

Upon delivery of the supplies, the receiving activity will retain one copy of the related delivery ticket and will sign
the other two copies and return them to the supplier or supplier’s agent. One of these copies may subsequently be
required to support the invoice. For record keeping and tracking purposes, the contractor should submit a copy
within 10 days of delivery, to the finance office.

    b. Deliveries:

        (i) Delivery shall be FOB destination or as specified on each call, with unloading and handling to be
accomplished by the supplier.

        (ii) Delivery shall be made within twenty (20) working days after receipt of call unless otherwise specified
by the Contracting Officer or BPA Call Officer.
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                                                                                                               Page 4 of 14


         (iii) The supplier shall notify the Receiving Officer of delivery status a minimum of (3) days prior to the
required delivery date.

        (iv) Delivery shall not be accepted on any national holiday without the prior coordination with 411 th CSB,
Korea and/or the Receiving Officer. National holidays are defined as

“ANY CALENDAR DAY EITHER DESIGNATED AS A UNITED STATES HOLIDAY, OR RECOGNIZED AS
A REPUBLIC OF KOREA HOLIDAY, BY HEADQUARTERS EIGHT UNITED STATES ARMY,”

          as identified in clause 52.0000-4304 .

         (v) Deliveries to the supply points will normally be made during the following times:

                   Monday through Friday: 0830 – 1130 hours
                                           1300 – 1600 hours

              or as determined through mutual agreement between supplier and requiring activity.
              The contractor shall deliver item on time specifying in each call. If not, the payment will be deducted
based on the times spent by the government employees.

6. Invoices:

     a. One of the following statements shall be included (except that the statement in paragraph (6)(a)(iii) of this
subsection should not be used if the accumulation of the individual invoices by the Government materially increases
the administrative costs of this purchase method):

           (i) A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs
first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total
dollar value, and supported by receipt copies of the delivery tickets.

         (ii) An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever
occurs first, for all deliveries made during a billing period and for which payment has not been received. These
invoices need not be supported by copies of delivery tickets.

        (iii) When billing procedures provide for an individual invoice for each delivery, these invoices shall be
accumulated, provided that—

              (A) A consolidated payment will be made for each specified period; and
              (B) The period of any discounts will commence on the final date of the billing period or on the date of
receipt of invoices for all deliveries accepted during the billing period, whichever is later.

    b. Invoice Process:
       Invoices are to be submitted as follows:

         (i) Summary invoices are to be submitted at a minimum of once per month.

         (ii) One (1) copy of each delivery ticket shall be provided with the summary invoice.

        (iii) Invoices shall be submitted no later than 15 days after any delivery.
NOTE: Multiple delivery tickets may be submitted with each invoice, however no more than 15 days shall have
passed between the delivery date and submission of the invoice.

         (iv) Four (4) copies of the summary invoice shall be provided to the appropriate Finance Office.
                                                                                                      W91QVN-11-A-0004

                                                                                                                Page 5 of 14


7. The use of Government Purchase Card (GPC) is authorized on this BPA within the dollar limitation authorized by
Unit Commander.

8. Administrative Responsibilities:

8.1. The supplier is responsible for;

8.1.1. Preparation of the delivery tickets.

8.1.2. Submission of an itemized invoice (one original), monthly or upon expiration of the BPA, together with
delivery tickets, covered therein, to the call officer no later than 7 days after the end of the billing period (25 th
through 24th of the following month).

8.2. The Receiving Officer is responsible for;

8.2.1. Make the following certification at the bottom of the original and copies of the itemized invoice: “I certify
that the supplies called for have been received in accordance with the terms of the BPA and the specifications
governing same and payment may be made in the amount of ___________. “

8.2.2. Maintain a copy of itemized invoices and delivery tickets (or other supporting documents for delivery), for a
period of 12 months or until completion of Periodic Review by the Contracting Officer.

8.2.3. Submission of the verified invoice (one original) to the Call Officer within three(3) working days following
receipt of the itemized invoice from the supplier.

8.2.4. The Receiving Officer will be appointed by the Call Officer.

8.3. The Call Officer is responsible for;

8.3.1. Preparation of a Call Register (For only BPA Call from Requiring Activity) : The call officer shall maintain a
detailed listing of all calls made during the billing period, and legibly prepare a call register (CA Form 58/58-1 for
Army and AF Form 521 and 2358 for Air Force) at the end of the period, PR&C Requisition Number must be cited
in Accounting Classification Block.

8.3.2. Check accuracy of invoices, delivery tickets, and call registers Individual line items, extensions, and totals.
Call officers will fax unit purchase information (Call Register, Delivery Tickets, and Invoice) for orders to the unit
RM office. RM office will forward Call Register, Delivery Tickets, and Invoice to the 175 th FMC (Army
requirement, Email: 175ReceivingReports@korea.army.mil) or DFAS-BVNF/JA (Air Force requirement, Email:
DJP-VP-Korea@dfas.mil) for payment.

8.3.3. Submission of invoice copy and a copy of the monthly call register to the Contracting Officer, 411th
CSB/Korea, Daegu Branch, ATTN: CCEC-KOT, Unit#15682, APO AP 96218-5682.

9. Payment:

    a. Payment will be made by the Finance Office responsible for processing payment.

    b. Requests for payment, invoicing and payment status -- will be referred to the one 175th FMC (US Army
requirements):

         -Army requirements
                175th Financial Management Center
                ATTN: Accounts Payable Branch
                                                                                               W91QVN-11-A-0004

                                                                                                        Page 6 of 14

                  Unit # 15300
                  APO AP 96205-5300
                  Email: 175ReceivingReports@korea.army.mil

         -Air Force requirements
                 DFAS-BVNF/JA
                 Box 5220 819
                 APO AP 96328-5220
                 Email: DJP-VP-Korea@dfas.mil
                 Fax 011-81-3117-55-2699
                 Fax DSN 225-2699-3261


10. SPECIFICATIONS: : All suppliers to be furnished under this BPA shall be of the best commercial quality
which meet KS Standard, unless otherwise specified by the Contracting Officer or individual authorized to place
calls.



Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE


52.212-4             Contract Terms and Conditions--Commercial Items               JUN 2010
52.247-34            F.O.B. Destination                                            NOV 1991


CLAUSES INCORPORATED BY FULL TEXT


52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2011) ALTERNATE I (FEB 2000)

(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).
                                                                                                   W91QVN-11-A-0004

                                                                                                         Page 7 of 14

  ___ (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 HUBZone Small Business 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).

  ___ (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 (JUL 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.

  ___ (iii) Alternate III (JUL 2010) of 52.219-9.

  ___ (13) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).
                                                                                                    W91QVN-11-A-0004

                                                                                                             Page 8 of 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).

  ___ (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 Special Disabled Veterans, Veterans of theVietnam Era, and Other
Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

  ___ (25) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29
U.S.C. 793).

  ___ (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans (SEP 2006) (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.)
                                                                                              W91QVN-11-A-0004

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 ___ (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) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

  ___ (32)(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.

  ___ (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

  _X__ (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes
administered by the Office of Foreign Assets Control of the Department of the Treasury).

  ___ (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) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31
U.S.C. 3332).
                                                                                               W91QVN-11-A-0004

                                                                                                       Page 10 of 14


  ___ (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY
1999) (31 U.S.C. 3332)

  ___ (41) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

  ___ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

  ___ (43)(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.).

  ____ (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)).
                                                                                                  W91QVN-11-A-0004

                                                                                                           Page 11 of 14

(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—

(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 $550,000 ($1,000,000 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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 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.).
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                                                                                                            Page 12 of 14

(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)




52.252-2     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)



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
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                                                                                                           Page 13 of 14

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

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

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



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

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



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

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



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

(a) This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic
of Korea and the United States of America, granting Contractors exemption from Republic of Korea taxes for
petroleum products (POL) utilized on USFK acquisitions in the Republic of Korea. At the time this contract is
awarded, the Contractor shall make a final nomination in writing of its point of purchase for POL products to be
used on this contract. If the Contractor intends to purchase directly from an oil company refinery, it may nominate
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                                                                                                         Page 14 of 14

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
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.

				
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