01-4 Attachment 4 (Other Contr Rqts).pdf

FA520920B0010

Attachment 4

OTHER CONTRACT REQUIREMENTS

1. SUPPLIES OR SERVICES AND PRICE

B001 CLAUSES AND PROVISIONS

Section K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated by reference, in that award.

2. SPECIAL CONTRACT REQUIREMENTS

H001 CONCILIATION

(This clause is applicable to contracts which will be performed in Japan and or executed between the United States Forces Japan, and a Japanese Contractor)

Except as otherwise provided in this contract any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States – Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the contractor for conciliation shall be made in accordance with the following procedures:

(a) In the event the contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the clause of this contract entitled DISPUTES, and within the time limits described therein before filing request for conciliation with the Joint Committee and then request the appellate authority under the clause of this contract entitled DISPUTES, to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(b) The request for conciliation will be submitted by the contractor through the nearest local Japanese Defense Facilities Bureau, to the Contract Conciliation panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

(c) In the event the disagreement submitted to the Joint Committee under subparagraph (b) above has been resolved through conciliation, it will be the responsibility of the contractor to notify the appellate authority designated in the clause of this contract entitled DISPUTES, of the settlement of the dispute and to withdraw his appeal.

(d) In the event the contractor who has submitted a request for conciliation to the Joint Committee under subparagraph (b) above desires, notwithstanding tendency of this request for conciliation, that action by the appropriate authority under the clause of this contract entitled DISPUTES, be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the contractor of this action taken hereunder.

(e) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled DISPUTES, has been rendered.

Pending the hearing of conciliation panel the contractor shall proceed diligently with the decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file a civil suit.

FA520920B0010

Attachment 4

H002 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The schedules and reports prescribed by the clause at FAR 52.236-15, Schedules for Construction Contracts, in Section I shall be accomplished in accordance with AF Form 3064, Contract Progress Schedule and AF Form 3065, Contract Progress Report instructions.

3. CONTRACT CLAUSES

I001 APPLICABILITY OF FAR 52.209-9

FAR clause at 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters, applies to the resultant contract when the successful offeror checked “has” in paragraph (b) of FAR provision at 52.209-7, Information Regarding Responsibility Matters, in Section K of the solicitation. Otherwise, the said clause will be automatically deleted from the resultant contract.

I002 EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO

STATUS OF FORCES AGREEMENT (Applicable to Mock Project at Attachment J-3)

(a) Paragraph 2, article XI of the Status of Forces Agreement between Japan and the United States authorizes the United States entry into Japan free from Japanese customs duties and other charges, all materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces.

(b) Paragraph 3, Article XII of said Status of Forces Agreement authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces. Currently these taxes are: (a) Consumption tax; (b) Gasoline tax and local road tax on gasoline; (c) Diesel oil tax.

(c) If you are the successful offeror, the Contracting Officer or his/her authorized representative will issue customs or tax exemption certificates as appropriate, relieving you from such customs duties or taxes in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for motor fuel will be issued only after consumption of the motor fuel, either at the end of each month or upon termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption.

(d) List below the customs duties or taxes which have been excluded from your proposal as required by the Taxes clause.

Customs Duty or Tax Type and Percentage or Tax Amount of Duty or Tax Excluded in Yen

Consumption Tax

Gasoline

Diesel