19JA8025Q0011 - Cover Letter and RFQ.pdf

April 14, 2025

Dear Prospective Quoters:

Subject: Request for Quotations (RFQ) Number 19JA8025Q0011 Make Ready Services for U.S. Consulate General Mansfield Housing Compound in Hyogo, Japan

Enclosed is a Request for Quotations (RFQ) for Make Ready Services for the U.S. Consulate General Mansfield Housing Compound in Hyogo, Japan. If you would like to submit quotation, follow the instructions in Section L of the RFQ, complete the required portions of the attached document, and submit it to the email address shown in paragraph 3. Quotations of this Cover Letter.

The U.S. Government intends to award a Purchase Order to the responsible company submitting a technically acceptable quote at the lowest price. The U.S. Embassy Tokyo intends to award the Purchase Order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

1. Pre-quotation Conference and Site Visit

(a) The Embassy intends to conduct a pre-quotation conference and walk-through at the site, which will be held at the following Date/Time and Location.

Date: Wednesday, April 23, 2025 Time: From 1:30 p.m. to on/about 3:30 p.m. (Japan Standard Time) Location: Participants shall meet at 13:20 p.m., in front of the maintenance office at the

Mansfield Housing Compound of the U.S. Consulate General Osaka-Kobe, locating at 12-6, Kikutani-cho, Nishinomiya, Hyogo 662-0078 Japan

Note: The U.S. Consulate General Osaka-Kobe does not provide parking spaces at the Mansfield Housing Compound. All participants must arrange their own parking.

(b) Prospective quoters shall contact Ayaka Ogawara via email at OgawaraAX@state.gov by 3:00 p.m., Monday, April 21, 2025 (JST) and submit individual name(s), company name/address, telephone/fax numbers, and email address.

(c) Attendee(s) must present an identification (ID) card with a photo (e.g. driver’s license, passport, etc.).

2. Questions:

Following the conference, quoters may submit questions (in English) regarding this RFQ by 12:00 noon, Friday, April 25, 2025 (JST) via email to OgawaraAX@state.gov. All questions will be consolidated, and one response document will be prepared and posted on the Embassy’s website, the same website from where you obtained the solicitation documents.

NOTE: No questions will be accepted after the specified date/time.

Embassy of the United States of America

Tokyo, Japan mailto:OgawaraAX@state.gov

- 2 -

Enclosure:

Request for Quotations No. 19JA8025Q0011

3. Quotations:

Quotations are due by 10:00 a.m., Tuesday, May 13, 2025 (JST).

No quotations will be accepted after the specified date/time. Quotations must be in English and incomplete quotations will not be accepted.

Your quotation must be submitted electronically to Ayaka Ogawara via email to OgawaraAX@state.gov. The e-mail size must not exceed 15MB. If the e-mail size should exceed the 15MB, the submission must be made in separate e-mails less than 15MB each. After submission of quotation, quoters shall contact Ayaka Ogawara by phone (Mobile: 090-1110-9327 or Office: 03- 3224-5208) or email to confirm the receipt of quotation.

Quoters shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to contract award. Therefore, quoters are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

4. Bonds: Performance and Payment Bonds are NOT required.

It is understood that no payment will be made for preparation and submission of your quotation.

Thank you in advance for your interest and your time in participating in the request for quotations process.

Sincerely, Christopher G. Staff Contracting Officer https://www.sam.gov/

REQUEST FOR QUOTATIONS (RFQ)

(THIS IS NOT AN ORDER)

THIS RFQ [ ] IS [ x ] IS NOT A SMALL BUSINESS-

SMALL PURCHASE SET-ASIDE (52.219-4)

PAGE

OF

PAGES

1. REQUEST NO.

19JA8025Q0011

2. DATE ISSUED

April 14, 2025

3. REQUISITION/PURCHASE REQUEST NO.

PR15258445/PR15203843

4. CERT. FOR NAT. DEF. UNDER

BDSA REG. 2 AND/OR DMS

REG. 1

RATING

5A. ISSUED BY

Procurement/Contracting Office U.S. Embassy 1-10-5 Akasaka Minato-ku, Tokyo 107-8420, Japan

6. DELIVER BY (Date)

5B. FOR INFORMATION CALL: (Name and telephone no.) (No collect calls 7. DELIVERY

X FOB DESTINATION OTHER (See Schedule) NAME

Ayaka Ogawara

TELEPHONE NUMBER

AREA CODE

+81-3

NUMBER

3224-5208

8. TO: 9. DESTINATION

a. NAME b. COMPANY a. NAME OF CONSIGNEE

c. STREET ADDRESS b. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE c. CITY

d. STATE

e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING

OFFICE IN BLOCK 5A ON OR BEFORE:

May 13, 2025;

10:00 a.m. (JST)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Make Ready Services for U.S. Consulate General Mansfield Housing Compound in Hyogo, Japan, in accordance with terms and conditions of the Request for Quotations.

This RFQ incorporates provision 52.215-1 by reference.

(See subsection B.4 PRICING under SECTION B -

SUPPLIES OR SERVICES AND PRICES/COSTS)

1 DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

b. 20

CALENDAR

DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER %

NOTE: Additional provisions and representations [ √ ] are [ ] are not attached.

13 NAME AND ADDRESS OF QUOTER 14 SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION

15 DATE OF QUOTATION

a. NAME and ADDRESS OF QUOTER (COMPANY)

SAM Unique Entity ID:

c. COUNTY 16. SIGNER a. NAME (Type or print)

b. TELEPHONE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) AREA CODE

NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (Rev. 6-95) Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Request for Quotations (RFQ) No. 19JA8025Q0011

TABLE OF CONTENTS

SECTION A - STANDARD FORM 18 (SF-18), REQUEST FOR QUOTATIONS (RFQ)

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF ATTACHMENTS

ATTACHMENT 1 – DRAWINGS AND PHOTOS (To be provided at the site visit)

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF QUOTERS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Contractor shall provide personnel, supplies and equipment for all make-ready services for residences (Mansfield Housing Compound in Hyogo, Japan) for the U.S. Consulate General Osaka-Kobe in Japan, as described in Sections B and C of this contract, and the ATTACHMENT in SECTION J.

B.2 TYPE OF CONTRACT

This is a firm fixed-price contract. The U.S. Government will not pay any additional sums due to any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted due to fluctuations in the currency exchange rates.

The Government will make changes in the contract price or time to complete only due to changes made by the Government in the work to be performed, or by delays caused by the Government.

B.3 PRICES/COSTS

B.3.1 General.

The prices shall contain all work, including furnishing all labor, materials, equipment and services, unless otherwise specified in Subsection B.4 PRICING. The prices listed below shall include all labor, materials, direct and indirect costs, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit.

B.3.2 Offers and Payment in U.S. Dollars:

U.S. firms are eligible to be paid in U.S. dollars. U.S. firms desiring to pay in U.S. dollars should commit their offer in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporate under the laws of a state within the United States.

Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in Japanese Yen.

B.3.3 Japanese Consumption Taxes

The U.S. Embassy Tokyo is exempt from Japanese consumption taxes; therefore, such taxes shall not be included in the price nor charged on invoices. After receipt of the Contractor’s invoice, the Government will provide the Contractor with a signed Certificate of Tax Exemption Purchase for Foreign Establishments.

For non-Designated Stores, please visit the following link for registration:

(Ministry of Foreign Affairs of Japan) Japanese: https://www.mofa.go.jp/mofaj/ms/po/page22_003420.html English: https://www.mofa.go.jp/ms/po/page22e_000946.html https://www.mofa.go.jp/mofaj/ms/po/page22_003420.html https://www.mofa.go.jp/ms/po/page22e_000946.html

(National Tax Agency) Japanese: https://www.nta.go.jp/taxes/tetsuzuki/shinsei/annai/shohi/annai/23120184.htm

B.4 PRICING

CLIN

Description of Services

Unit #1 A-1

Unit #2 R-3

Unit #3 R-1

Unit #4 B-2 Subtotal

001 Painting Services Interior Painting (See Subsection C.2)

P (a)*

L (b)

002 Painting Services Exterior Painting (See Subsection C.2.4 (23))

P (c)*

L (d)*

003 Plumbing/Drain Cleaning (See Subsection C.3)

P (e)

L (f)

Total Amount

(g) Unit #1 subtotal (h) Unit #2 subtotal (i) Unit #3 subtotal (j) Unit #4 subtotal (k) Grand Total Amount Sum of (a) thru (f) = sum of (g) thru (j)

P – Parts and Material L – All Labor, Services, Insurance, Overhead and Profit https://www.nta.go.jp/taxes/tetsuzuki/shinsei/annai/shohi/annai/23120184.htm

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 INTRODUCTION

C.1.1 GENERAL

The Consulate General Osaka-Kobe requires make-ready services performed by the Contractor in the U.S. Government-owned housing compound, located at 12-6, Kikutani-cho, Nishinomiya, Hyogo 662-0078, Japan. The Contractor shall provide all labor personnel, supplies, and equipment to accomplish all work as required.

The anticipated time frame of on-site work is mid-June 2025 through end of September 2025.

Affected areas of work are Apartment Unit No. A-1, R-3, R-1, and B-2.

For commencement of work on each apartment unit, the Contracting Officer’s Representative (COR) will arrange the work schedule upon the vacancy of the units and will notify the Contractor accordingly. After receiving the notification, the Contractor shall commence the work at the site within 5 days. Also see Subsection F.2 PERIOD OF PERFORMANCE.

Once the work has commenced at the work site, the Contractor shall complete each apartment unit ready for next works such as cleaning and furniture setting within 20 working days. The Contractor shall have the capacity to work on multiple units simultaneously as needed, with a maximum of 2 units being completed concurrently.

C.1.2 SUPERINTENDENCE BY CONTRACTOR

The Contractor shall designate a representative who shall supervise the Contractor's workforce and be the Contractor's liaison with the Government. The entire operation of the contracted services shall be superintended by the Contractor's liaison not the subcontractor. The designated superintendent shall be located on the work site designated by the Contracting Officer during normal working hours (see Subsection F.8) and shall have supervision during the times while on duty. The superintendent shall also supervise the performance of the contracted services on Saturdays, Sundays, and holidays when approved. The Contractor's employees shall be on site only for contractual duties and not for any other business or purposes.

C.1.3 PERSONNEL

The Contractor shall be responsible for providing qualified technicians for each trade with relevant experience to perform make-ready services under this contract. Helper positions do not need to meet the experience requirement.

C.1.4 USE OF UTILITIES

Electricity 100V is available for use at the Mansfield Housing Compound. City water is also available for use, and all are supplied at no charge to the Contractor from beginning to completion of the contract. It shall be utilized solely for the contract work and never for other purposes.

C.1.5 DISPOSAL OF DEBRIS

The Contractor shall always keep the work site neat and clean. During the work, debris shall not be allowed to spread unnecessarily into adjacent areas nor accumulate in the work area itself. All such debris, excess material, and parts shall be cleaned up and removed at the end of each workday and/or at the completion of the job and shall be properly disposed of outside the Mansfield Housing Compound in accordance with the applicable local codes, for industrial waste disposal.

C.2. PAINTING SERVICES

C.2.1 LOCAL/INDUSTRY PAINTING STANDARDS

Painting and preparatory work shall comply with the Local Construction and Repair Standard (Kokyo Kenchiku Kaishu Kohji Hyojun Shiyosho) supervised by Ministry of Land, Infrastructure, Transport and Tourism, and the instructions given below. In cases where local standards and those listed in this contract are in conflict, the stricter of the two shall apply.

C.2.2 PAINT SPECIFICATIONS

Paint type used shall be:

1) Nippon Paint, EP AudeCoat G Eco, White or equivalent for bathrooms,

2) Nippon Paint, EP Ecoflat 70, White or equivalent for walls and ceilings,

3) Nippon Paint, 1-Component Fine Urethane U100, White or equivalent for wood doors and closets,

4) Nippon Paint, 1-Component Fine Urethane, Gray NT-27 or equivalent for metal portions such as interior stairs, window frames and exterior stairs, and

5) Otani Paint, Neo Delux 1000A, Clear, or equivalent for wood stairs, baseboards, etc.

C.2.3 PREPARATION AND PROTECTION OF WORK AREA

Painting shall not disturb or damage any fixed property (including light fixtures, floors, carpets, or windows). The Contractor shall move, protect, and return such property to its original position.

The Contractor shall remove furnishings (such as furniture, rugs) first or protect them by protective covering. The Contractor shall also protect floors from soiling and paint spills. The Contractor shall not wash wooden floors under any circumstances. To protect floors (of all types) from damage, the Contractor shall use a suitable protective cover and provide ladders and scaffolding with clean rubber shoes or similar protection devices.

If the Contractor spills any paint, or in any way soils the floors, a specialist in floor finishing company at the Contractor’s expense shall perform the cleanup. After completion of the painting work, the Contractor shall return all furnishings to their original position and clean the work area free of litter and debris.

C.2.4 TECHNICAL SPECIFICATIONS FOR PAINTING WORK

Paint surfaces as directed by this contract. Match paint to similar adjacent materials or surfaces.

INTERIOR AND EXTERIOR PAINTING:

Affected areas of painting under this contract is:

- Interior Painting: Walls, ceilings, doors, closets and stairs

- Exterior Painting: Handrails including associated guardrails, doors, and window frames (See below paragraph (23) Paint Exterior Handrail/Door/Window Frame.)

Square meters (floor area, not painting area) of each residence for reference:

- Unit A-1: 175.00 square meters

- Unit R-3: 404.00 square meters

- Unit R-1: 466.00 square meters

- Unit B-2: 183.00 square meters

(1) "Paint:" This includes coating systems materials, primers, emulsions, enamels, stains, sealers and fillers, and other applied materials whether used as prime, intermediate or finish coats.

(2) Product Data: The Contractor shall submit manufacturer's technical information, label analysis, and application instructions for each paint material proposed for use to the COR, prior to starting work. As an attachment, list each material and cross-reference specific coating and finish system and application. Identify each material by the manufacturer's catalog number and general classification.

(3) Single Source Responsibility: Provide primers and undercoat paint produced by the same manufacturer as the finish coats.

(4) Material Quality: Provide the manufacturer's best quality trade sale type paint material.

Paint material containers not displaying manufacturer's product identification will not be acceptable.

(5) Deliver materials to the job site in manufacturer's original, unopened packages and containers bearing manufacturer's name and label with trade name and manufacturer's instructions.

(6) Store materials not in use in tightly covered containers in a well-ventilated area at a minimum ambient temperature of 45 degrees F (7 degrees C). Protect from freezing. Keep storage area neat and orderly. Remove oily rags and waste daily.

(7) Project Conditions: Do not apply paint when the relative humidity exceeds 85 percent, at temperatures less than 5 degrees F (3 degrees C) above the dew point, or to damp or wet surfaces. Apply paint only in temperatures in accordance with manufacturer's specifications.

(8) Examine substrates and conditions under which painting will be performed for compliance with requirements. Do not begin application until unsatisfactory conditions have been corrected.

(9) Preparation: Remove hardware and hardware accessories, plates, light fixtures, and items in place that are not to be painted or provide protection such as taping prior to surface preparation and painting (taping includes windows, door jams, etc.).

(10) Clean and prepare surfaces to be painted following manufacturer's instructions before applying paint or surface treatments. Remove oil, dust, and direct, loose rust, mildew, peeling paint or other contamination to ensure good adhesion. In addition, the Contractor shall remove all existing coats of paint and sealers if prior paint application is showing signs of improper adhesion, such as peeling, or chipping. All surfaces must be clean and dry. Schedule cleaning and painting so dust and other contaminants will not fall on wet, newly painted surfaces.

(11) Notify the Contracting Officer or COR of problems anticipated for any minor preparatory work required, such as but not limited to, filling nail holes, cleaning surfaces to be painted, and priming any requisite areas. Plan preparatory work as most units in residential areas will have nail holes or areas that will need to be primed or sealed. Replace all electrical switches and plugs with new covers after painting.

(12) Materials Preparation: Mix and prepare paint following manufacturer's directions.

(13) Application: Apply paint following manufacturer's directions. Use applicators and techniques best suited for substrate and type of material being applied. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film.

(i) Unless otherwise specified, the contractor is to use a high-quality, semi-gloss latex paint (containing no lead or mercury) for all kitchens, baths, laundry areas, doorframes, and window frames. A flat or satin flat latex base paint (containing no lead or mercury) is to be used in the remainder of the unit. The color to be used must be consistent with the balance of the room, which will normally be off-white. Contractor shall provide samples of the color of the type of material to be painted before actual paint date is scheduled.

(ii) For application for exterior painting, see below paragraph (23) Paint Exterior Handrail/Door/Window Frame.

(iii) Provide finish coats that are compatible with primers used.

(iv) The number of coats and film thickness required is the same regardless of application method. Do not apply succeeding coats until previous coat has cured. Sand between applications where required to produce a smooth, even surface.

(v) Apply additional coats when undercoats or other conditions show through final coat, until paint film is of uniform finish, color, and appearance.

(14) Scheduling Painting: Apply first coat to surfaces that have been cleaned, pretreated or otherwise prepared for painting as soon as practicable, and before subsequent surface deterioration. Allow sufficient time between successive coats to permit proper drying. Do not re-coat until paint has dried.

(15) Minimum Coating Thickness: Apply materials at the manufacturer's recommended spreading rate. Provide total dry film thickness of the system as recommended by the manufacturer.

(16) Prime Coats: Before application of finish coats, apply a prime coat as recommended by the manufacturer to material required to be painted or finished, and has not been prime coated.

(17) Brush Application: Brush out and work brush coats into surfaces in an even film. Eliminate cloudiness, spotting, laps, brush marks, runs, sags, ropiness, or other surface imperfections.

Draw neat glass lines and color breaks.

(18) Apply primers and first coats by brush unless manufacturer's instructions permit use of mechanical applicators.

(19) Mechanical Applications: Use mechanical methods for paint application when permitted by manufacturer's recommendations, governing ordinances, and trade union regulations.

(20) Wherever spray application is used, apply each coat to provide the equivalent coverage of brush-applied coats. Do not double-back with spray equipment to build up film thickness of two coats in one pass, unless recommended by the manufacturer.

(21) Upon completion of painting, clean glass and paint-spattered surfaces. Remove spattered paint by washing, scraping or other methods, using care not to scratch or damage adjacent finished surfaces.

(22) Remove temporary protective wrappings after completion of painting operations.

(23) Paint Exterior Handrail/Door/Window Frame: Apply a high-quality, exterior-grade latex base paint that matches as closely as possible the existing color on the exterior handrails including associated guardrails and window frames of the property, or a color as specified by the COR.

The handrails/window frames are to be scraped, sanded, filled, and primed with a latex base primer, prior to painting. Doors and window frames shall be spraying paint. The Contractor should plan on extensive preparatory work prior to painting. The specifications for exterior paint apply, unless otherwise specified.

C.3 PLUMBING/DRAIN CLEANING

The Contractor shall perform the following plumbing inspection for clogging and cleaning using a pipe inspection camera.

(a) Inspect all plumbing work including: pipes, ducts, valves, waste water and sewer lines, traps, catch basins, hot water heaters, toilet fixtures, plugs, chains, hoses, balcony drains for clogging, loose joints, restrictions, leaks, and other faulty conditions;

(b) Provide professional cleaning services such as: cleaning all drain pipes using a high-pressure washer or drain cleaning machine for bathrooms, kitchen, laundry machine, balcony and hot water heater.

The Contractor shall furnish all supplies and equipment needed for this cleaning and provide the COR with an inspection report and before-after photos after the cleaning.

C.4 MAJOR REPAIRS

The Contractor shall immediately inform the COR or the Government Technical Monitor (GTM) of major safety problems and the need for major and/or specialized repairs to any part of the serviced area of the residential unit. The Contractor shall also inform the COR or GTM of a major problem in the residential unit with a system or area that is not covered by this contract. The Contractor shall be liable for the costs for any damage that occurs as a result of the Contractor’s negligence in its duty to inform the COR or GTM. The Contractor shall minimize such damage to systems or areas being serviced until proper corrective action can be taken. Major and specialized repairs shall be carried out by the U.S. Government, independent of this contract.

C.5 CONTRACTOR PERSONNEL

All personnel assigned by the Contractor for the performance of the respective services shall be regular employees of the Contractor, and shall be supervised by the Contractor. There shall be no employer-employee relationship between the U.S. Government and the personnel. Subcontractors may only be employed with the express written consent of the Contracting Officer.

C.6 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system including:

(a) Develop and maintain checklists of duties to be carried out,

(b) Ensure these duties are carried out by the supervisory staff and senior employees, and

(c) Perform inspections at all work locations to determine whether the various services are being performed according to the contract requirements.

The Contractor shall provide copies of all inspection reports to the COR.

The Contractor shall promptly correct and improve any shortcomings and/or substandard conditions noted in such inspections. The Contractor shall to the attention of the Contracting Officer or COR, for disposition, any conditions beyond the responsibility of the Contractor.

C.7 INSPECTION BY GOVERNMENT

The services performed and the supplies furnished for this contract will be inspected from time to time by the COR or GTM, or his/her authorized representatives, to determine that all work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

The Contractor shall be responsible for any corrective action, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.

SECTION D - PACKAGING AND MARKING

The Contractor shall mark materials delivered to the site as follows:

U.S. Consulate General Osaka-Kobe Attn: Maintenance Office/GSO 12-6, Kikutani-cho, Nishinomiya, Hyogo 662-0078 Japan

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE INCORPORATED BY

REFERENCE:

CLAUSE TITLE AND DATE

52.246-4 INSPECTION OF SERVICES - FIXED PRICE (AUG 1996)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-26 REPORTING NONFORMING ITEMS (JUN 2020)

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR 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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE INCORPORATED BY REFERENCE:

52.242-14 SUSPENSION OF WORK (APR 1984)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of ¥20,000 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.

F.2 PERIOD OF PERFORMANCE

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

The Contractor shall be required to:

(a) commence work under this contract from the date specified on the Notice to Proceed (NTP),

(b) prosecute the work diligently, and,

(c) complete the entire work ready for use no later than 105 calendar days after the date stated on the Notice to Proceed (NTP), The time stated for completion shall include material order, production, site preparation, fabrication, and final cleanup of the premises.

https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

F.3 DELIVERABLES

The Contractor shall deliver the following items:

Description Quantity Deliver Date Deliver To

F.4 Construction Schedule 1 10 days after award COR

F.10 Post Award Conference 1 10 days after award COR

H.4 Insurance 1 10 days after award CO

H.10 Safety Plan 1 10 days after award COR

H.12.2 Overseas Vetting Questionnaire 1 10 days after award COR

H.11.2 Identification of Subcontractors 1 5 days before use CO

C.2.4 (2) Product Data 1 Prior to work commencement COR

G.2 Payment Request 1 Last calendar day of each month FMC

H.7.1 Waste Disposal Report 1 Last calendar day of each month COR

I.1 Updates to Construction Schedule (52.236-15) 1 Last calendar day of each month COR

“COR” denotes Contracting Officer’s Representative.

“FMC” denotes Financial Management Center.

“CO” denotes Contracting Officer.

F.4 CONTRACTOR’S SUBMISSION OF CONSTRUCTION SCHEDULES

The time for submission of the schedules and General Instructions referenced in Section I, 52.236- 15, "Schedules for Construction Contracts,” Paragraph (a) is modified to reflect the due date for submission as 10 calendar days after receipt of an executed contract."

The Contractor shall revise such schedules weekly:

(a) to account for the actual progress of the work,

(b) to reflect approved adjustments in the performance schedule, and

(c) as required by the Contracting Officer to achieve coordination with work by the Government and any separate contractors employed by the Government.

The Contractor shall submit a schedule that sequences work to minimize disruption at the job site.

All deliverables shall be in the English language and any system of dimensions (such as English or metric) shown shall be consistent with the contract. If the Contractor has failed to act promptly and responsively in submitting its deliverables, the Government in approving such deliverables shall allow no extension of time for delay. The Contractor shall identify each deliverable as required by the contract.

F.5 ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, it shall be binding on the Contractor. The completion date is fixed and may be extended only by a written modification to the task order signed by the Contracting Officer. Acceptance or approval of any schedule or revision thereof by the Government shall not:

(a) extend the completion date or obligate the Government to do so,

(b) constitute acceptance or approval of any delay, nor (c)excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

E.6 NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The Contractor’s notice shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. The Contractor shall give such notice promptly, not more than ten (10) days after the first event giving rise to the delay or prospective delay. Only the Contracting Officer may revise the approved time schedule.

F.7 NOTICE TO PROCEED

(a) Following receipt from the Contractor of acceptable bonds or evidence of insurance within the time specified in Section H of this contract, the Contracting Officer will provide to the Contractor a Notice to Proceed. The Contractor shall then begin work.

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed before receipt and acceptance of any bonds or evidence of insurance. Issuance of a Notice to Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

F.8 WORKING HOURS

The Contractor shall perform all work during 09:00 hours and 17:00 hours from Monday through Friday except for weekends and the U.S. and Japanese holidays identified in Sections I.3. The Contracting Officer may approve other hours. The Contractor shall give 24 hours advance notice to the Contracting Officer, who may consider any deviation from the hours identified above.

Changes in work hours will not be a cause for a price increase if initiated by the Contractor.

F.9 EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249-10, Default. Examples of such cases include:

(1) acts of God or of the public enemy,

(2) acts of the United States Government in either its sovereign or contractual capacity,

(3) acts of the government of the host country in its sovereign capacity,

(4) acts of another contractor in the performance of a contract with the Government,

(5) fires,

(6) floods,

(7) epidemics,

(8) quarantine restrictions,

(9) strikes, (l0) freight embargoes,

(11) delays in delivery of Government furnished equipment and

(12) unusually severe weather.

In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore

(a) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against,

(b) cannot be overcome by reasonable efforts to reschedule the work, and

(c) directly and materially affects the date of final completion of the project.

F.10 POST AWARD CONFERENCE

The Government will hold a post award conference ten (10) days after contract award at 11-5, Nishitenma 2-chome, Kita-ku, Osaka, Management Section in the U.S. Consulate General Osaka- Kobe to discuss the location and type of residences to be serviced, submittals, personnel issues, procedures and other important matters concerning the contract.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DOSAR 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is the Facility Manager at the U.S. Embassy Tokyo, Japan.

G.1.1 DUTIES

The COR is responsible for inspection and acceptance of services. These duties include review of contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.

G.2 PAYMENT

The Contractor shall submit invoices electronically to TokyoInvoices@state.gov.

American Embassy Tokyo Attn: Financial Management Center (FMC)

G.2.1 GENERAL

The Contractor shall follow Section I, 52.232-5, "Payments Under Fixed-Price Construction Contracts.” The following subsections elaborate upon the information contained in that clause.

G.2.2 DETAIL OF PAYMENT REQUESTS

The Contractor’s requests for payment, which shall be made no more frequently than monthly shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

G.2.3 PAYMENTS TO SUBCONTRACTORS

The Contractor shall make timely payment from the proceeds of the progress or final payment to subcontractors and suppliers following the Contractor's contractual arrangements with them.

G.2.4 EVALUATION BY THE CONTRACTING OFFICER

The Contracting Officer shall make a determination as to the amount that is due after an inspection of the work. The Contracting Officer shall advise the Contractor if the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in

FAR 52.232-5.

mailto:TokyoInvoices@state.gov

G.2.5 ADDITIONAL WITHHOLDING

Independently of monies retained by the Government under FAR 52.232-5 the Government may withhold from payments due the Contractor any amounts necessary to cover:

(a) Wages or other amounts due the Contractor's employees on this project;

(b) Wages or other amounts due employees of subcontractors on this project;

(c) Amounts due suppliers of materials or equipment for this project; and

(d) Any other amounts that the Contractor may be held liable under this contract, including but not limited to the actual or prospective costs of correction of defective work and costs for failure to make adequate progress.

G.2.6. PAYMENT

In accordance with 52.232-27(a), the 14-day period identified in FAR 52.232-27(a)(1)(i)(A) is changed to 30 days.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ORDERING OFFICIAL

The designated ordering individual for this contract is the Contracting Officer.

H.2 RESERVED

H.3 RESERVED

H.4 INSURANCE

H.4.1 AMOUNT OF INSURANCE

The Contractor is required to provide whatever insurance is legally necessary under Section I, 52.228-5, "Insurance - Work on a Government Installation.” The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury):

General Liability

(1) Bodily injury on or off the site in Japanese Yen:

Per Occurrence Yen 30,000,000.

Cumulative Yen 90,000,000.

(2) Property damage on or off the site in Japanese Yen:

Per Occurrence Yen 30,000,000.

Cumulative Yen 90,000,000.

The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

(a) any property of the Contractor,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

(f) any other person, arising from and incident to the Contractor's performance of this contract.

The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

H.4.2 GOVERNMENT AS ADDITIONAL INSURED

The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

H.4.3 TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

The Contractor shall provide evidence of the insurance required under this contract within ten

(10) calendar days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.5 GOVERNING LAW

The laws of the United States shall govern the contract and the interpretation of the contract.

H.6 RESERVED

H.7 LAWS AND REGULATIONS

H.7.1 COMPLIANCE REQUIRED

The Contractor shall, without additional expense to the Government, be responsible for complying with all host country laws, codes, ordinances, and regulations applicable to the performance of the work, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless directed by the Contracting Officer, the Contractor shall comply with the more stringent of:

(a) the requirements of such laws, regulations and orders; or

(b) the contract.

If a conflict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and recommend a proposed course of action for resolution by the Contracting Officer.

H.7.2 LABOR, HEALTH AND SAFETY LAWS AND CUSTOMS

The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, unless doing so would be inconsistent with the requirements of this contract.

H.7.3 SUBCONTRACTORS

The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all required licenses and permits.

H.7.4 EVIDENCE OF COMPLIANCE

The Contractor shall submit proper documentation and evidence of compliance with this clause to the Contracting Officer.

H.8 RESPONSIBILITY OF CONTRACTOR

H.8.1 DAMAGE TO PERSONS OR PROPERTY

The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

H.8.2 RESPONSIBILITY FOR WORK PERFORMED

The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work that may have been accepted in writing under the contract.

H.9 MAINTENANCE OPERATIONS

H.9.1 OPERATIONS AND STORAGE AREAS

(a) Confinement to Authorized Areas. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer.

(b) Reserved.

H.9.2 USE OF PREMISES

(a) Occupied Premises. If the premises are occupied, the Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the Government governing access to, operation of, and conduct while in or on the premises. The Contractor shall perform the work required under this contract without unreasonably interrupting or interfering with the conduct of Government business.

(b) Requests from Occupants. The Contractor shall refer to the Contracting Officer any request received by the Contractor from occupants of existing buildings to change the sequence of work.

(c) Access Limited. The Contractor, its subcontractors and their employees shall not have access to or be admitted into any building or portion of the site outside the areas designated in this contract except with the permission of the Contracting Officer.

H.10 SAFETY

DOSAR 652.236-70 ADDITIONAL SAFETY MEASURES (OCT 2017)

In addition to the safety/accident prevention requirements of FAR 52.236-13, Accident Prevention Alternate I, the contractor shall comply with the following additional safety measures.

(a) High Risk Activities. If the project contains any of the following high risk activities, the contractor shall follow the section in the latest edition, as of the date of the solicitation, of the U.S. Army Corps of Engineers Safety and Health manual, EM 385-1-1, that corresponds to the high risk activity. Before work may proceed, the contractor must obtain approval from the COR of the written safety plan required by FAR 52.236-13, Accident Prevention Alternate I (see paragraph (f) below), containing specific hazard mitigation and control techniques.

(1) Scaffolding;

(2) Work at heights above 1.8 meters;

(3) Trenching or other excavation greater than one (1) meter in depth;

(4) Earth-moving equipment and other large vehicles;

(5) Cranes and rigging;

(6) Welding or cutting and other hot work;

(7) Partial or total demolition of a structure;

(8) Temporary wiring, use of portable electric tools, or other recognized electrical hazards.

Temporary wiring and portable electric tools require the use of a ground fault circuit interrupter (GFCI) in the affected circuits; other electrical hazards may also require the use of a GFCI;

(9) Work in confined spaces (limited exits, potential for oxygen less than 19.5 percent or combustible atmosphere, potential for solid or liquid engulfment, or other hazards considered to be immediately dangerous to life or health such as water tanks, transformer vaults, sewers, cisterns, etc.);

(10) Hazardous materials - a material with a physical or health hazard including but not limited to, flammable, explosive, corrosive, toxic, reactive or unstable, or any operations, which creates any kind of contamination inside an occupied building such as dust from demolition activities, paints, solvents, etc.; or

(11) Hazardous noise levels as required in EM 385-1 Section 5B or local standards if more restrictive.

(b) Safety and Health Requirements. The Contractor and all subcontractors shall comply with the latest edition of the U.S. Army Corps of Engineers Safety and Health manual EM 385-1-1, or OSHA 29 CFR parts 1910 or 1926 if no EM 385-1-1 requirements are applicable, and the accepted contractor’s written safety program.

(c) Mishap Reporting. The Contractor is required to report immediately all mishaps to the COR and the contracting officer. A “mishap” is any event causing injury, disease or illness, death, material loss or property damage, or incident causing environmental contamination. The mishap reporting requirement shall include fires, explosions, hazardous materials contamination, and other similar incidents that may threaten people, property, and equipment.

(d) Records. The Contractor shall maintain an accurate record on all mishaps incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to or theft of property, materials, supplies, or equipment. The Contractor shall report this data in the manner prescribed by the contracting officer.

(e) Subcontracts. The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Written program. The plan required by paragraph (f)(1) of the clause entitled “Accident Prevention Alternate I” shall be known as the Site Safety and Health Plan (SSHP) and shall address any activities listed in paragraph (a) of this clause, or as otherwise required by the contracting officer/COR.

(1) The SSHP shall be submitted at least 10 working days prior to commencing any activity at the site.

(2) The plan must address developing activity hazard analyses (AHAs) for specific tasks. The AHAs shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk. Work shall not begin until the AHA for the work activity has been accepted by the COR and discussed with all engaged in the activity, including the Contractor, subcontractor(s), and Government on-site representatives.

(3) The names of the Competent/Qualified Person(s) required for a particular activity (for example, excavations, scaffolding, fall protection, other activities as specified by EM 385-1-1) shall be identified and included in the AHA. Proof of their competency/qualification shall be submitted to the contracting officer or COR for acceptance prior to the start of that work activity. The AHA shall be reviewed and modified as necessary to address changing site conditions, operations, or change of competent/qualified person(s).

(End of clause)

H.11 SUBCONTRACTORS AND SUPPLIERS

H.11.1 CLAIMS AND ENCUMBRANCES

The Contractor shall satisfy all lawful claims of any persons or entities employed by the Contractor, including:

(a) subcontractors,

(b) material men and laborers, for all labor performed and materials furnished under this contract, including the applicable warranty or correction period.

The Contractor shall not at any time permit any lien, attachment, or other encumbrance to be entered against or to remain on the building(s) or the premises as a result of nonperformance of any part of this contract.

H.11.2 APPROVAL OF SUBCONTRACTORS

(a) Review and Approval. The Government reserves the right to review proposed subcontractors for a period of five (5) days before providing notice of approval or rejection.

(b) Rejection of Subcontractors. The Government reserves the right to reject any or all subcontractors proposed if their participation in the project may cause damage to the national security interests of the United States.