19JA8025Q0020 - Cover Letter - RFQ.docx.pdf

July 25, 2025

Dear Prospective Quoters:

Subject: Request for Quotations (RFQ) Number 19JA8025Q0020 Exterior Painting Services for the Consulate Office Building (COB) at the U.S. Consulate Fukuoka, Japan

Enclosed is a Request for Quotations (RFQ) for Exterior Painting Services for the Consulate Office Building (COB) at the U.S. Consulate Fukuoka, Japan. If you would like to submit a 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, August 6, 2025 Time: From 10:30 a.m. to on/about 12:00 p.m. (Japan Standard Time) Location: Participants shall meet at 10:20 a.m., in front of the main entrance at the U.S.

Consulate Fukuoka, locating at Ohori 2-5-26, Chuo-ku, Fukuoka city, Fukuoka, 810-0052, Japan

Note: The U.S. Consulate Fukuoka does not provide parking spaces at the Consulate. All participants must arrange their own parking.

(b) All interested quoters who wish to attend must submit individual name(s), company name/address, telephone/fax numbers, and email address to Uran Kudo via email at KudoUX@state.gov by 10:00 a.m., Wednesday, July 30, 2025 (JST), to arrange entry to the Consulate building.

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

(d) Please note that attendees are not allowed to bring PCs, cameras, and any kinds of recording device for this meeting. Therefore, do NOT bring them with you as the Consulate guards will not keep them for you.

(e) Photography is NOT ALLOWED within the Consulate building, Residential areas, and grounds.

Embassy of the United States of America

Tokyo, Japan mailto:KudoUX@state.gov

- 2 -

Enclosure:

Request for Quotations No. 19JA8025Q0020

2. Questions:

Following the conference, quoters may submit questions (in English) regarding this RFQ by 10:00 a.m., Tuesday, August 12, 2025 (JST) via email to KudoUX@state.gov. All questions will be consolidated, and one response document will be prepared and posted on the SAM.gov website, the same website from where you obtained the solicitation documents.

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

3. Quotations:

Quotations are due by 10:00 a.m., Thursday, August 28, 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 Uran Kudo via email to KudoUX@state.gov. The e-mail size must not exceed 15MB. If the e-mail size should exceed 15MB, the submission must be made in separate e-mails less than 15MB each. After submission of quotation, quoters shall contact Uran Kudo by phone (Mobile: 090-1110-9312 or Office: 03-3224-5624) 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 submittal of their quotation as prescribed under FAR 4.1102. Failure to be registered at time of quotation submission will deem the quoter’s quote to be considered non-responsible and no further consideration will be given. Therefore, quoters are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

It is understood that no payment will be made by the Government 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 mailto:KudoUX@state.gov mailto:KudoUX@state.gov 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.

19JA8025Q0020

2. DATE ISSUED

July 25, 2025

3. REQUISITION/PURCHASE REQUEST NO.

PR15381708/PR15353596

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

Uran Kudo

TELEPHONE NUMBER

AREA CODE

+81-3

NUMBER

3224-5624

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:

August 28, 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)

Exterior Painting Services for the U.S. Consulate Fukuoka in Fukuoka, 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. 19JA8025Q0020

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/STATEMENT OF WORK

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 QUOTERS

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE

The Contractor shall provide painting and related services for the U.S. Consulate Fukuoka located at 2-5-26 Ohori, Chuo-ku, Fukuoka 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 Contractor shall complete all work, including furnishing all labor, material, equipment and services, required under this contract, for painting services. The price listed below (B.4) shall include all labor, materials, all insurances, overhead and profit.

B.3.2 Payment

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. Consulate Fukuoka 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

(National Tax Agency) Japanese: https://www.nta.go.jp/taxes/tetsuzuki/shinsei/annai/shohi/annai/23120184.htm https://www.mofa.go.jp/mofaj/ms/po/page22_003420.html https://www.nta.go.jp/taxes/tetsuzuki/shinsei/annai/shohi/annai/23120184.htm

B.4 PRICING

Exterior Painting Services:

Grand Total: ______________________

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 CHARACTER AND SCOPE OF WORK

The Contractor shall restore the exterior surfaces to the original aesthetic conditions by applying paint for the Consulate Office Building (COB) located at 2-5-26 Ohori, Chuo-ku, Fukuoka.

C.1.1 AREAS OF EFFORT

- Concrete wall panel

- Exposed foundation

- Window sash

- Pillar

- Soffit (under surface of roof overhang)

- Fascia

- Concrete overhang on West elevation

- Metal louver and post on West elevation

- Attached water receiving station

- FEBR door

The Contractor is not required to paint the following elements:

- Roof

- Concrete ramp

- Perimeter steel gate and fence.

- Attached covered walk

- Screen booth (CAC) exterior

The Contractor shall take own measurements for providing a quotation.

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. The designated superintendent shall be located on the work site designated by the Contracting Officer during normal working hours (see Subsection F.5) 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.2 PREPARATION OF WORK AREA

C.2.1 SCAFFOLDING

The Contractor shall build scaffolding along the building perimeter wall up to the height of the building. The Contractor shall assemble the scaffoldings and surround them with proper nets to prevent dust and paint blowing towards neighbors during the painting work.

Advance approval by the Contracting Officer’s Representative (COR) is required for scaffoldings, bucket cranes, power lift or any temporary structures necessary to accomplish the contracted work.

The Contractor shall submit construction plans for any temporary structures for the COR’s approval.

C.2.2 USE OF UTILITIES

Commercial power 100V single phase is available for use at the U.S. Consulate Fukuoka. City water is also available for use from the faucets/bib cock outside the Consulate Office Building.

Commercial power and water are provided at no cost to the Contractor for the painting work.

C.2.3 BATHROOM

Bathrooms on the first floor of the Consulate building are available for the Contractor.

C.2.4 PARKING

When parking space is available, the Contractor may park up to one (1) vehicle in the designated parking space in the Consulate premises with proper registration, although there is no guarantee that the parking space is available at all times.

C.2.5 WASHING WITH WATER

Dust, dirt, pollutants, deleterious materials that have accumulated and/or affixed to the surfaces shall be thoroughly washed off with water. The pressure of hose shall be 2.5 - 6 Mpa, high enough to thoroughly wash off loose cement mortar and paint. Use a 40-degree fan-tip nozzle with a minimum working distance of 30cm.

If water cannot thoroughly wash off accumulated matters or remove loose cement mortar and loose, use chisel, scraper, hammer, hand brush or other tools as appropriate to remove thoroughly.

C.2.6 LOOSE SURFACE TREATMENT

The Contractor shall apply a brushed/roller coat of acrylic cement filler, MIRAC FOUND KC-1000 from SK KAKEN, or approved equivalent, over the repaired surface and feather out.

C.2.7 CRACK TREATMENT

Concrete cracks shall be treated as follows:

a) Cracks up to 0.2mm can be bridged by a brushed/roller coat of acrylic cement filler, MIRAC FOUND KC-1000 from SK KAKEN, or equivalent.

b) Cracks more than 0.2mm wide: The Contractor shall chip or grind out crack to a minimum 6mm deep groove. The Contractor shall clean and remove all loose materials. The Contractor shall fill the groove and crack with high grade – grouts, or equivalent. The Contractor shall tool into groove and allow for a minimum of 24 hours of curing time. The Contractor shall apply a brushed/roller coat of acrylic cement filler, MIRAC FOUND KC-1000 from SK KAKEN, or approved equivalent, over the repaired surface and feather out.

C.2.8 RUST TREATMENT

Following guidance is for rust treatment:

a) The Contractor shall scrape off any existing damaged/peeled paints as much as possible.

Smoothen the surface by sanding and then clean the surface.

b) The Contractor shall apply minimum one coat of steel anti-corrosion epoxy primer, MILD SABI BOSEI from SK KAKEN, or approved equivalent.

c) The Contractor shall fill corroded holes cracks with grouts, SK CAULKING H from SK KAKEN , or approved equivalent. After the applied material is well cured on the surfaces, the Contractor shall use fine sanding to smooth the surface out.

C.2.9 WINDOW CAULKING

No caulking replacement along for window sash is required in this scope of work. However, should the Contractor find a caulking damage for replacement, contact the COR first for modification of the contract.

C.3 PAINT APPLICATION

The Contractor shall cover all the exterior window surfaces with clear plastic sheets prior to painting work.

Prior to commencement of painting work, the Contractor shall ensure that the wall surfaces are prepared to receive painting. The Contractor shall request the COR and /or COR’s designee to inspect the wall surfaces for approval to proceed with painting. Any incomplete conditions found during the inspection shall be corrected accordingly and be inspected again by the COR and/or COR’s designee for approval.

Prior to painting operations, the Contractor shall protect items such as hardware accessories, machined surfaces, plates, lighting fixtures, and similar items. Surfaces concealed by portable objects and by surface mounted articles readily detachable by removal of fasteners such as screws and bolts are included in this work. Following completion of painting, The Contractor shall re-install removed items utilizing workmen skilled in the trades involved for such removal and reinstallation.

The Contractor shall protect all surfaces not to be coated from contamination by paint materials.

The Contractor shall restore surfaces that are contaminated by painting materials to original condition.

The Contractor shall apply an acrylic amended lime or silicate paint with a steam diffusion (SD) value of 0.5mm or lower for both concrete and steel surface. A minimum of two coats are required. Additional coat may be required if seeing through old paint color. Material technical and safety data sheets must be provided for the paint to be used.

Color sample test, directed by COR, is required before the application of the finish coat.

COR may request to use a different color from the original.

C.4 DEBRIS DISPOSAL

Debris produced from the work shall be disposed daily outside the Consulate site in compliance with applicable local codes for the industrial waste disposal. The Contractor shall always keep the premises free from accumulation of waste materials, rubbish and/ or debris derived from the works or the contractor’s employees, and at the completion of each workday, shall restore the work site to be neat and clean.

C.5 WORK SCHEDULE AND DUTATION

No work on site shall commence without the COR’s approval of the work schedule to be submitted by the Contractor. The work is anticipated in November 2025. However, this schedule is subject to change due to unforeseen conditions. The Contractor shall complete the on-site work within 60 working days after commencement of the on-site work. Subject to climatic conditions, exceptions can be granted by the COR and/or Contracting Officer.

C.6 MATERIALS, STANDARDS OF WORK/CONDUCT, CONTRACTOR PERSONNEL

Unless otherwise specified herein, all the materials to be used for the contracted work shall be new and meet or exceed the Japanese Industrial Standard (JIS). The materials that contain lead or chromate compound shall not be used.

The Contractor shall always enforce strict discipline, good order among his employees and assure workmanship of quality. The Contractor shall insure that all personnel employed in the performance of this contract are qualified and possess the necessary licenses required in their respective trades.

C.7 INSPECTION BY COR

The COR, or COR’s designee may inspect and test all work and materials required under this contract at any time. If any of the work and/or materials does not conform to the contract requirements, the Government may require the Contractor to perform the service again and/or replace the materials in conformity to the contract requirements, at no additional cost to the Government.

C.8 CONTRACTOR’S SUBMITTAL

The Contractor shall submit a work plan, schedule, time, scaffolding layout and personnel to completion for approval by the COR.

The Contractor shall submit documentation for all products proposed for use in completing the work. The submittal package must include, but not limited to:

a) Product specifications and technical data sheets

b) Manufacturer’s certifications and compliance documentation

c) Material Safety Data Sheets (MSDS), if applicable

d) Installation guidelines and warranty information

e) Third-party test results or certifications, if required

f) Samples or mock-ups, if requested by the Contracting Officer

All submittals must be provided in a structured and complete format for review and approval prior to procurement and installation. The Contractor is responsible for ensuring compliance with all applicable standards, codes, and contractual requirements. Incomplete or insufficient submittals may be subject to rejection and require resubmission.

C.9 WARRANTY

The warranty for the furnished materials and workmanship completed under this contract shall be valid for one (1) year after the final inspection/acceptance by the U.S. Government.

During the warranty period, the Contractor shall repair and/or replace, free of charge to the U.S.

Government, any damages and/or deficiencies that may be attributed to the materials and workmanship provided by the Contractor under this contract. The Contractor shall provide all labor, materials, equipment, at their own expense, to perform the repair and/or correction. The repair and/or correction must be completed within four (4) weeks from Notice of Damage(s).

SECTION D - PACKAGING AND MARKING

D.1.1. Subsection F.7 lists all deliverables, and whether they are required to be delivered to the Contracting Officer or the Contracting Officer’s Representative (COR).

D.1.2. The Contractor shall submit deliverables for the Contracting Officer to the following:

Point of Contact: Uran Kudo Email Address: KudoUX@state.gov

D.1.3. The Contractor shall submit deliverables for the COR to the following:

Point of Contact: Fumitaka Oue Email Address: OueFX@state.gov

D.2 PACKING AND MARKING

The Contractor shall deliver material to the job site in the manufacturer's original, unopened packages and containers bearing manufacturer's information.

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

U.S. Consulate Fukuoka Attn: MGMT office 2-5-26, Ohori, Chuo-ku Fukuoka 810-0052 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 (48 CFR CHAPTER 1):

CLAUSE TITLE AND DATE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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 (48 CFR Chapter 1):

52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 EFFECTIVE ORDERING PERIOD

F.2.1 After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten

(10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

F.3 ACCEPTANCE OF SCHEDULE

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

(1) extend the completion date or obligate the Government to do so;

(2) constitute acceptance or approval of any delay, or;

(3) excuse or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

F.4 NOTICE OF DELAY

In the event 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 completion of the project after the completion date, the Contractor shall:

(1) notify the Government of such change or other conditions upon the approved schedule, and;

(2) shall state in what respects, if any, the relevant schedule or the completion date should be revised.

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

The Contractor shall give notice to the Contracting Officer promptly, five days following the first occurrence of event giving rise to the delay or prospective delay. Only the Contracting Officer may approve revisions to the approved time schedule.

F.5 WORKING HOURS

The Contractor shall perform all work during 09:00 and 17:30 from Monday through Friday except for weekends and the U.S. and Japanese holidays identified in Section I.3, DOSAR 652.237-82, “Observance of Legal Holidays and Administrative Leave. The Contracting Officer may approve other hours, if the Contractor gives at least 24 hours advance notice. Changes in work hours will not be a cause for a price increase.

F.6 EXCUSABLE DELAYS

The Contractor shall 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;

(10) freight embargoes;

(11) delays in delivery of Government furnished equipment, and;

(12) unusually severe weather.

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

(1) shall be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against;

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

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

F.7 DELIVERABLES

The Contractor shall deliver the following items:

Description Quantity Deliver Date Deliver To C.8

- Work plan

- Schedule

- Scaffolding layout

1 Prior to work commencement COR

C.8

a) Product specifications and technical data sheets

b) Manufacturer’s certifications and compliance documentation

c) Material Safety Data Sheets (MSDS), if applicable

d) Installation guidelines and warranty information

e) Third-party test results or certifications, if required

f) Samples or mock-ups, if requested by the Contracting

Officer

1 Prior to work commencement COR

G.2 Payment Request 1 Completion of Work FMC

H.1 Insurance 1 10 days after award CO

H.10.3 Overseas Vetting Questionnaire 1 10 days after award COR

“COR” denotes Contracting Officer’s Representative.

“FMC” denotes Financial Management Center.

“CO” denotes Contracting Officer.

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 Construction Specialist of Facility Management Office 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.

U.S. 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

Following receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the Contracting Officer will make a determination as to the amount that is then due. If the Contracting Officer does not approve payment of the full amount applied for, less the retainage mailto:TokyoInvoices@state.gov addressed in FAR 52.232-5, the Contracting Officer shall advise the Contractor of the reasons for the reduction.

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

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 INSURANCE

H.1.1 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.1.2 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.1.3 INSURANCE-RELATED DISPUTES

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of FAR 52.233-1, Alternate I, "Disputes". Nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.

H.1.4 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.2 DEFINITIONS

In addition to the definitions provided in Section I, FAR 52.202-1 and DOSAR 652.202-70, the following definitions shall apply:

(a) Day means a calendar day unless otherwise specifically indicated.

(b) Host Country means the country in which the project is located.

(c) Material means all materials, fixtures and other articles incorporated in, or which are intended to remain with, the project.

(d) Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the work will be judged.

(e) Separate Contractor means a contractor, other than the Contractor or any of its subcontractors, to whom the Government has awarded a contact for construction or work on the site of a portion of the project.

H.3 GOVERNING LAW

The contract and its interpretation shall be governed by the laws of the United States.

H.4 LANGUAGE PROFICIENCY

The project manager assigned by the Contractor to superintend the work on-site, as required by Section I, 52.236-6, "Superintendence by the Contractor", shall be fluent in written and spoken English.

H.5 LAWS AND REGULATIONS

H.5.1 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.5.2 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.5.3 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.5.4 EVIDENCE OF COMPLIANCE

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

H.6 RESPONSIBILITY OF CONTRACTOR

H.6.1 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.6.2 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.7 CONSTRUCTION OPERATIONS

H.7.1 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) Vehicular Access. The Contractor shall, and in accordance with any regulations prescribed by the Contracting Officer, use only established site entrances and roadways.

H.7.2 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.8 SAFETY

Accident Prevention

(a) General. The Contractor shall provide and maintain work environments and procedures that will:

(1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) avoid interruptions of Government operations and delays in project completion dates;

and

(3) control costs in the performance of this contract. For these purposes, the Contractor shall:

(i) Provide appropriate safety barricades, signs and signal lights;

(ii) Comply with the standards issued by any local government authority having jurisdiction over occupational health and safety issues; and

(iii) Take any additional measures the Contracting Officer determines to be reasonably necessary for this purpose.

(b) Records. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in:

(1) death,

(2) traumatic injury,

(3) occupational disease, or

(4) damage to or theft or loss of property, materials, supplies, or equipment.

The Contractor shall report this data as directed by the Contracting Officer.

(c) Subcontracts. The Contractor shall be responsible for its subcontractors' compliance with this clause.

(d) Written Program. Before starting the work, the Contractor shall:

(1) Submit a written proposal for implementing this clause; and

(2) Meet with the Contracting Officer to discuss and develop a mutual understanding of the overall safety program.

(e) The Contracting Officer shall notify the Contractor of any non-compliance with these requirements and the corrective actions required. The Contractor shall immediately take corrective action after receiving the notice. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order suspending all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule for any suspension of work issued under this clause.

H.9 SUBCONTRACTORS AND SUPPLIERS

H.9.1 CLAIMS AND ENCUMBRANCES

The Contractor shall satisfy as due all lawful claims of any persons or entities employed by the Contractor, including subcontractors, material men and laborers, for all labor performed and materials furnished under this contract, including the applicable warranty or correction period, unless the Government shall be directly liable therefore by contract. 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, whether public or private, or any portion thereof, as a result of nonperformance of any part of this contract.

H.9.2 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. The Contractor agrees to promptly replace any subcontractor rejected by the Government under this clause.

H.10 CONSTRUCTION PERSONNEL

H.10.1 REMOVAL OF PERSONNEL

The Contractor shall:

(a) maintain discipline at the site and at all times;

(b) take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst those employed at the site; and

(c) take all reasonable precautions for the preservation of peace and protection of persons and property in the neighborhood of the project against unlawful, riotous, or disorderly conduct.

The Contracting Officer may require, in writing, that the Contractor remove from the work any employee that the Contracting Officer determines:

(a) incompetent,

(b) careless,

(c) insubordinate or

(d) otherwise objectionable, or

(e) whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

H.10.2 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

H.10.3 CONSTRUCTION PERSONNEL SECURITY

(a) Within ten (10) calendar days after award of the contract, the Contractor shall submit to the Contracting Officer’s Representative (COR) a completed Overseas Vetting Questionnaire on each employee, including the substitute employee(s), who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The U.S.

Government will run background checks on these individuals. It is anticipated that security checks will take between 30 and 90 calendar days to perform.

(b) The U.S. Government shall issue DOS One Badge identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the U.S.

Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the U.S. Government. The U.S.

Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Contractor personnel must immediately inform the Local Guard Force and COR if an identity card is lost or stolen.

(c) Contractor personnel will follow all security-related instructions from Post Management and the Local Guard Force, as well as any alarms. Contractor personnel will also appropriately react to any regularly scheduled emergency drills.

H.11 MATERIALS AND EQUIPMENT

H.11.1 SELECTION AND APPROVAL OF MATERIALS

(a) Standard of Quality. All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified. All workmanship shall be of good quality and performed in a skillful manner as determined by the Contracting Officer.

(b) Selection by Contractor. Where the contract permits the Contractor to select products, materials or equipment to be incorporated into the work, or where specific approval is otherwise required by the contract, the Contractor shall give the Contracting Officer, for approval:

(1) The names of the manufacturer;

(2) Model number;

(3) Source of procurement of each such product, material or equipment; and

(4) Other pertinent information concerning the:

(i) Nature,

(ii) Appearance,

(iii) Dimensions,

(iv) Performance,

(v) Capacity, and

(vi) Rating unless otherwise required by the Contracting Officer.

The Contractor shall provide this information in a timely manner to permit the Government to evaluate the information against the requirements of the contract. The Contractor shall provide a submittal register ten (10) days after contract award showing when shop drawings, samples, or submittals shall be made. The Contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid, when directed to do so by the Contracting Officer or COR. Installation or use of any products, materials or equipment without the required approval shall be at the risk of rejection.

H.11.2 CUSTODY OF MATERIALS

The Contractor shall be responsible for the custody of all materials received for incorporation into the project, including Government furnished materials, upon delivery to the Contractor or to any person for whom it is responsible, including subcontractors. The Contractor shall deliver all items to the site as soon as practicable. The Contractor shall clearly mark in a manner directed by the Contracting Officer all items of which the Contractor has custody but that have not been delivered or secured at the site. The Contractor shall clearly indicate the use of such items for this U.S.

Government project.

H.11.3 BASIS OF CONTRACT PRICE

The contract price is based on the use of the materials, products and equipment specified in the contract, except for substitutions or "Or-Equal" items proposed by the Contractor which have been specifically approved by the Government at the time of execution of the contract. Any substitution approved by the Government after execution of the contract shall be subject to an appropriate adjustment of the contract price.

H.11.4 SUBSTITUTIONS

(a) Prior approval required. Before substitutions

(1) proposed by the Contractor but not yet approved at the contract award, or

(2) proposed by the Contractor after execution of the contract may be used in the project, the Contractor must obtain approval in writing from the Contracting Officer. Any substitution request shall be timely and accompanied by sufficient information to permit the Government to evaluate its acceptability. The date shall provide reasons for the proposed substitution and data concerning the design, appearance, performance, composition, and relative cost of the proposed substitute. If the Contracting Officer determines the substitute items is not in the best interests of the Government, the Contractor shall obtain the items originally specified with no adjustment in the contract price or completion date.

(b) Approval Through Shop Drawings. The Contractor may propose substitutions of materials in the submittal of shop drawings, provided such substitution is specifically requested in writing in the transmittal of the shop drawings to the Contracting Officer. Such substitution requests must be made in a timely manner and supported by the required information.

(c) Final Approval on Delivery. Acceptance or approval of proposed substitutions under the contract is conditioned upon approval of items delivered at the site or approval by sample.

Approval by sample shall not limit the Government's right to reject material after delivery to the site if the material does not conform to the approved sample in all material respects.

H.11.5 "OR-EQUAL CLAUSE"

References in the Specifications/Statement of Work to materials, products or equipment by trade name, make, or catalog number, or to specific processes, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may propose for approval or rejection by the Contracting Officer the substitution of any material, product, equipment or process that the Contractor believes to be equal to or better than that named in the Specifications/Statement of Work, unless otherwise specifically provided in this

H.11.6 USE AND TESTING OF SAMPLES

(a) Use. Approved samples not destroyed in testing will be sent to the Contracting Officer.

Those samples that are in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in the work shall match the approved samples within any specified tolerances. Other samples not destroyed in testing or not approved will be returned to the Contractor at its expense if so requested.

(b) Failure of Samples. Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this contract, any further samples of the same brand or make of that material or equipment which previously has proved unsatisfactory in service.

(c) Taking and testing of samples. Samples of various materials or equipment delivered on the site or in place may be taken by the Contracting Officer for additional testing by the Government outside of those required by the contract documents. Samples failing to meet contract requirements will automatically void previous approvals of the items tested. The Contractor shall replace such materials or equipment found not to have met contract requirements, unless the Contracting Officer determines it to be in the Government's interest to accept the non conforming materials or equipment with an appropriate adjustment of the contract price as determined by the Contracting Officer.

(d) Cost of additional testing by the Government. Unless otherwise specified, when additional tests are made, only one test of each sample proposed for use will be made at the expense of the Government. Samples that do not meet contract required will be rejected.

Further testing of additional samples, if required, will be made at the expense of the Contractor.

H.12 SPECIAL WARRANTIES

H.12.1 SPECIAL…