01 FA520920B0010.pdf
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- Attached to
- Project No. F-16-404, Construct Tension Fabric Structure at Yokohama North Dock Federal contract opportunity
- Solicitation number
- FA520920B0010
About this file
This is a solicitation for the construction of a tension fabric structure at Yokohama North Dock in Japan. The Air Force Pacific Air Forces is seeking offers for the basic requirement to construct the structure, with options to exercise additional work. Offerors must propose pricing for all line items in Section B, including the basic requirement and two options. The total performance period is 540 calendar days from notice to proceed. Site visits will be held on July 29, 2020 and questions are due by July 31. Bids are due by the date and time specified in Block 13a of the SF1442. Award will be made to the lowest priced offer that is under the statutory cost limitation and meets the technical requirements.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 08 Question and Answer (20200821).pdf | ||
| 07-1 FA520920B0010-0002 (SF1442).pdf | ||
| 07 Amendment 0002 (SF30).pdf | ||
| 06 OF17 (Revised).pdf | ||
| 05 Amendment 0001.pdf | ||
| 01-1 Attachment 1 (Spec).pdf | ||
| 00 Business w US Government.pdf | ||
| 02 List of Participant.pdf | ||
| 01-3 Attachment 3 (Submittals).pdf | ||
| 03 USAG-J 1529 with sample.pdf | ||
| 01-4 Attachment 4 (Other Contr Rqts).pdf | ||
| 04 OF17.pdf |
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Text version
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
9. FOR INFORMATION
CALL:
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
b. An offer guarantee is, is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
12b. CALENDAR DAYS
YES NO
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
FA520920B0010
1 of 297/13/2020
0011488582 F-16-404
FA5209
FA5209 374 CONS LGC
APO AP 96328-5228
UNIT 5228
APO, AP 96328-5228
United States Eiki Ohkubo, Email: eiki.ohkubo.jp@us.af.mil Telephone:
225-7536
FA5209 374 CONS PK
UNIT 5228
APO AP 96328-5228
APO AP 96328-5228
United States
Eiki Ohkubo 225-7536
Project Title: Construct Tension Fabric Structure at Yokohama North Dock
1. Enter price in Japanese Yen (JPY) in Section B. Use typewriter or black ink.
2. Offerors should be System for Award Management (SAM) registered by the time and date set in block 13a of SF1442.
3. Award can only be made to a firm licensed and authorized to perform construction work in Japan IAW DFARS 252.225-7042.
4. Bid guarantee is required per FAR 52.228-1. See Section L for details.
5. Block 12a and 18. "Performance and Payment Bonds" is replaced to read "Performance Bond". See Section I for details.
6. Offerors are urged and expected to attend the site visit per FAR 52.236-27 Alt I. See Section L for details.
7. Magnitude of the project: Between JPY111,154,200 and JPY555,771,000 IAW FAR 36.204(f).
8. Incurred Expenses. The government is not responsible for any costs incurred or associated with preparation of and submission of a bid in response to this solicitation.
9. Block 13. "Sealed offers in original and 1 copies" is corrected to read "Sealed offers in original and 0 copies".
10 540
FAR 52.211-10
1 2:00 PM
8/19/2020
AMOUNTS
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than theminimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to thiscontract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY
Keisuke Kiyotaka, Contracting Officer Email: keisuke.kiyotaka.jp@us.af.mil Telephone: 225-7663
FA520920B0010
Section A - Solicitation/Contract Form
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
This acquisition is unrestricted; however, this solicitation includes clauses authorized for the purpose of construction effort in Japan: FAR 52.236-7 (modified IAW AFFARS 5336.507, to read "Government of Japan" and DFARS 252.225-7042) under which offerors are required to be the firms that have been registered and hold construction contractor license under the law of Japan.
Project No. F-16-404 is subject to Statutory Cost Limitation of Y223,308,400. Refer to DFARS 252.236-7006, Cost Limitation.
Item Supplies/Service Quantity Unit Unit Price Amount
Project No. F-16-404, Construct Tension Fabric Structure at Yokohama North Dock (Basic) Product Service Code: Y174 Program Code: C20 Firm Fixed Price
1.0 Lot
Project No. F-16-404, Construct Tension Fabric Structure at Yokohama North Dock (Option 1) Product Service Code: Y174 Program Code: C20 Firm Fixed Price
1.0 Lot
Project No. F-16-404, Construct Tension Fabric Structure at Yokohama North Dock (Option 2) Product Service Code: Y174 Program Code: C20 Firm Fixed Price
1.0 Lot
Section C - Description/Specifications/Statement of Work
The contractor shall perform the services and supplies set forth in Section B in accordance with the contract specifications and drawings listed in Section J and other terms and conditions of this contract.
Requirements Project No. F-16-404, Construct Tension Fabric Structure at Yokohama North Dock
Section D - Packaging and Marking
(Reserved)
Section E - Inspection and Acceptance FAR Clauses Incorporated by Reference
Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08
0001 Inspection and Acceptance Location Both Destination Instructions: N/A
DoDAAC: WT5J0M Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
W6CY USAG JAPAN
SUP BR ENGR SUP DIV DPW
UNIT 45006
, APO AP 96343 5006
United States
OfficeCode:
Contract Management Branch Telephone: 046-407-4097 (263-4097) Email:
0002 Inspection and Acceptance Location Both Destination Instructions: N/A
DoDAAC: WT5J0M Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
W6CY USAG JAPAN
SUP BR ENGR SUP DIV DPW
UNIT 45006
, APO AP 96343 5006
United States
OfficeCode:
Contract Management Branch Telephone: 046-407-4097 (263-4097) Email:
0003 Inspection and Acceptance Location Both Destination Instructions: N/A
DoDAAC: WT5J0M Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
W6CY USAG JAPAN
SUP BR ENGR SUP DIV DPW
UNIT 45006
, APO AP 96343 5006
United States
OfficeCode:
Contract Management Branch Telephone: 046-407-4097 (263-4097) Email:
Section F - Deliveries or Performance
Notice to Proceed (NTP) will be issued to the contractor within 60 calendar days after award of contract. The Contractor shall schedule all work for the basic requirement and any option(s) exercised at the time of award to be completed within the total contract performance time of 540 calendar days (180 calendar days for on-site construction work) after receiving the NTP.
Delivery Schedule Ship To Address
Delivery Schedule From date of lead time event to completion of performance 540 Calendar Days Date of Notice to Proceed Receipt
Place of Performance DoDAAC: WT5J0M Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
W6CY USAG JAPAN
SUP BR ENGR SUP DIV DPW
UNIT 45006
, APO AP 96343 5006
United States
OfficeCode:
Contract Management Branch Telephone: 046-407-4097 (263-4097) Email:
Delivery Schedule Ship To Address
Delivery Schedule From date of lead time event to completion of performance 540 Calendar Days Date of Notice to Proceed Receipt
Place of Performance DoDAAC: WT5J0M Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
W6CY USAG JAPAN
SUP BR ENGR SUP DIV DPW
UNIT 45006
, APO AP 96343 5006
United States
OfficeCode:
Contract Management Branch Telephone: 046-407-4097 (263-4097) Email:
Delivery Schedule Ship To Address
Delivery Schedule From date of lead time event to completion of
Place of Performance DoDAAC: WT5J0M Cage:
DunsNumber:
Duns4Number:
performance 540 Calendar Days Date of Notice to Proceed Receipt
CountryCode: USA
W6CY USAG JAPAN
SUP BR ENGR SUP DIV DPW
UNIT 45006
, APO AP 96343 5006
United States
OfficeCode:
Contract Management Branch Telephone: 046-407-4097 (263-4097) Email:
FAR Clauses Incorporated by Full Text
52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04
As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction: Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a)commence work under this contract within __10__ calendar days after the date the Contractor receives the notice to proceed, (b)prosecute the work diligently, and (c)complete the entire work ready for use not later than __ See Delivery Schedule in Section F __ calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause-Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
__Construction Payment Invoice__
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
__Not Applicable__
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF || Data to be entered in WAWF Pay Official DoDAAC || __HQ0671__ Issue By DoDAAC || __FA5209__ Admin DoDAAC || __FA5209__ Inspect By DoDAAC || __ __ Ship To Code || __ __ Ship From Code || __ __ Mark For Code || __ __ Service Approver (DoDAAC) ||__ __
Service Acceptor (DoDAAC) || __FA5209__ Accept at Other DoDAAC || __ __ LPO DoDAAC || __ __ DCAA Auditor DoDAAC || __ __ Other DoDAAC(s) || __ __
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activities WAWF point of contact.
__EIKI OHKUBO, E-mail: eiki.ohkubo.jp@us.af.mil__ or __KEISUKE KIYOTAKA, E-mail: keisuke.kiyotaka.jp@us.af.mil__
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements FAR Clauses Incorporated by Full Text
52.236-1 Performance of Work by the Contractor. 1984-04
As prescribed in 36.501(b), insert the following clause: Performance of Work by the Contractor (Apr 1984)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least __12__ percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.
Section I - Contract Clauses
FAR 52.228-15, Performance And Payment Bonds - Construction (Oct 2010), is modified to reflect the Contracting Officer's waiver of requirement for payment bonds and sureties appearing on Treasury Department Circular 570 which was made in accordance with FAR 28.102-1(a)(1) and FAR 28.202(b), as follows.
1. The words of "and payment" are deleted from the words of "performance and payment" at the clause title, para. (b), and para. (b)(3)(i), respectively. In addition, para. (b)(2) and (e) are deleted from the clause in their entirety.
2. The words of ", or sureties authorized for issuance of the performance bond by the Financial Service Agency, the Government of Japan" are added at the end of 1st sentence in para. (d).
Definition of "GOVERNMENT" As used in this solicitation/contract, the term Government shall refer to United States Government unless express reference to a different named government is made. In addition, the words Federal, States, and Municipal in the clause at FAR 52.236-7, Permits and Responsibilities, are hereby modified to read "host government and political subdivisions" in accordance with AFFARS 5336.507.
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 2015-10
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.214-26 Audit and Records-Sealed Bidding. 2010-10
52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding. 2011-08
52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding. 2010-10 52.214-29 Order of Precedence-Sealed Bidding. 1986-01 52.222-50 Combating Trafficking in Persons. 2019-01 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.225-14 Inconsistency between English Version and Translation of Contract. 2000-02 52.227-4 Patent Indemnity-Construction Contracts. 2007-12 52.228-2 Additional Bond Security. 1997-10 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas. 1984-04 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.228-11 Pledges of Assets. 2018-08 52.228-14 Irrevocable Letter of Credit. 2014-11 52.228-15 Performance and Payment Bonds-Construction. 2010-10 52.229-6 Taxes-Foreign Fixed-Price Contracts. 2013-02 52.232-5 Payments under Fixed-Price Construction Contracts. 2014-05 52.232-17 Interest. 2014-05 52.232-27 Prompt Payment for Construction Contracts. 2017-01 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05
52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. 1984-04
52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-13 Alternate I Accident Prevention. - (Alternate I) 1991-11 52.236-14 Availability and Use of Utility Services. 1984-04 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-17 Layout of Work. 1984-04 52.236-21 Specifications and Drawings for Construction. 1997-02 52.236-21 Alternate I Specifications and Drawings for Construction. - (Alternate I) 1997-02 52.236-26 Preconstruction Conference. 1995-02 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-4 Changes. 2007-06 52.244-6 Subcontracts for Commercial Items. 2019-01 52.246-21 Warranty of Construction. 1994-03 52.248-3 Value Engineering-Construction. 2015-10 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). - (Alternate I) 2012-04 52.249-10 Default (Fixed-Price Construction). 1984-04 52.253-1 Computer Generated Forms. 1991-01
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. 2008-12
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2019-05
252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7041 Correspondence in English. 1997-06 252.225-7048 Export-Controlled Items. 2013-06 252.227-7032 Rights in Technical Data and Computer Software (Foreign). 1975-06 252.227-7033 Rights in Shop Drawings. 1966-04 252.229-7000 Invoices Exclusive of Taxes or Duties 1997-06 252.232-7008 Assignment of Claims (Overseas). 1997-06 252.232-7010 Levies on Contract Payments. 2006-12 252.233-7001 Choice of Law (Overseas). 1997-06 252.236-7000 Modification Proposals--Price Breakdown. 1991-12 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10 252.247-7023 Transportation of Supplies by Sea. 2019-02
FAR Clauses Incorporated by Full Text
52.211-12 Liquidated Damages-Construction. 2000-09
As prescribed in 11.503(b), insert the following clause in solicitations and contracts: Liquidated Damages-Construction (Sept 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of __JPY53,203__ for the first date and __JPY33,867__ for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.217-7 Option for Increased Quantity-Separately Priced Line Item. 1989-03
As prescribed in 17.208(e), insert a clause substantially the same as the following clause: Option for Increased Quantity-Separately Priced Line Item (Mar 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within __at the time of award__. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
52.252-2 Clauses Incorporated by Reference. 1998-02
As prescribed in 52.107(b), insert the following clause: 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):
__Acquisition.GOV, URL: https://www.acquisition.gov/browse/index/far__ __Defense Pricing and Contracting, URL: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html__
(End of clause)
52.252-4 Alterations in Contract. 1984-04
As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered: Alterations in Contract (Apr 1984)
Portions of this contract are altered as follows: __Not Applicable__
(End of clause)
52.252-6 Authorized Deviations in Clauses. 1984-04
As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert (DEVIATION) after the date of the clause: Authorized Deviations in Clauses (Apr 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any __Defense Federal Acquisition Regulation Supplements__. (48 CFR Chapter __2__) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. 2015-06
As prescribed in 225.372-2, use the following clause: Antiterrorism/Force Protection Policy For Defense Contractors Outside The United States (Jun 2015)
(a) Definition. “United States,” as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall?
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S.
Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is?
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the appropriate Antiterrorism Force Protection Office at the Command Headquarters. Also see http://atep.dtic.mil. For additional information: Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, ASD (SOLIC); telephone, DSN 227-7205 or commercial (703)697-7205.
(End of clause)
252.225-7044 Balance of Payments Program--Construction Material. 2014-11
Basic. As prescribed in 225.7503(a) and (a)(1), use the following clause: BALANCE OF PAYMENTS PROGRAM CONSTRUCTION MATERIAL
BASIC (NOV 2014)
(a) Definitions. As used in this clause- Commercially available off-the-shelf (COTS) item-
(i) Means any item of supply (including construction material) that is
(A) A commercial item (as defined in paragraph (1) of the definition of commercial item in section 2.101 of the Federal Acquisition Regulation);
(B) Sold in substantial quantities in the commercial marketplace; and
(C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(ii) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Component means any article, material, or supply incorporated directly into construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means
(i) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(ii) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.
Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(B) The construction material is a COTS item.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. This clause implements the Balance of Payments Program by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except for--
(1) Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation;
(2) Information technology that is a commercial item; or
(3) The construction material or components listed by the Government as follows:
__Construction materials or components may be procured locally.__
(End of clause)
252.229-7001 Tax Relief. 2014-09
Basic. As prescribed in 229.402-70(a) and (a)(1), use the following clause: TAX RELIEFBASIC (SEP 2014)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractors government. The following taxes or duties have been excluded from the contract price:
NAME OF TAX: __See paragraph I002(d) in Attachment 4 for fill-out__.
RATE (PERCENTAGE): __See paragraph I002(d) in Attachment 4 for fill-out__.
(b) The Contractors invoice shall list separately the gross price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Governments exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.
(End of clause)
252.236-7001 Contract Drawings and Specifications. 2000-08
As prescribed in 236.570(a), use the following clause: CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall
(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general--
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:
__Refer to attachments in Section J__.
AFFARS Clauses Incorporated by Full Text
5352.201-9101 Ombudsman 10/1/2019
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Air Force Installation Contracting Center (AFICC)/KH (Chief Enlisted Manager), 25 E Street, Suite B-100, JBPH-H, HI 96853-5427, Phone: (808) 449-8569, FAX: (808) 449-8571. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.
Section J - List of Attachments
1. Contract Specification dated 20 Apr 20 (173 pages)
2. Drawings (7 sheets)
3. Schedule of Material Submittals (5 pages)
4. Other Contract Requirements (2 pages)
Section K - Representations, Certification, and other Statements of Offerors DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2011-11
FAR Clauses Incorporated by Full Text
52.204-8 Annual Representations and Certifications. 2020-03
As prescribed in 4.1202(a), insert the following provision: Annual Representations and Certifications (Jan 2020)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is __238910__.
(2) The small business size standard is __Not Applicable__.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) (1)If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2)If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) [_] Paragraph (d) applies.
(ii) [_] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(viii) 52.209-5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic and Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA– designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A)If the acquisition value is less than $25,000, the basic provision applies.
(B)If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C)If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D)If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
_X_ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
____ (A) Basic.
____ (B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov.
After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
| FAR Clause # Title Date Change |
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.209-7 Information Regarding Responsibility Matters. 2018-10
As prescribed at 9.104-7 (b), insert the following provision: Information Regarding Responsibility Matters (Oct 2018)
(a) Definitions. As used in this provision- Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means-
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked has in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement,…
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