Atch1 Other Contract Requirements_.pdf

Date: 24 Apr 2023

OTHER CONTRACT REQUIREMENTS

1. Supplies or Services and Price

B001 DESCRIPTION OF WORK

This is a Fixed-Price (FP), Indefinite-Delivery/Indefinite-Quantity (IDIQ) type Single Award contract, Roads/ Pavements & Misc. Civil Work IDIQ Contract, Misawa Air Base (MAB), Japan. The scope of the contract encompasses repair, maintenance and construction of pavement structures such as roads and parking lots, and related work including but not limited to curb/gutter, drainage pipes, manhole, earthwork, sidewalks, markings, traffic signs, restoration and demolition of structure/obstacle, and other miscellaneous work in Misawa Air Base (MAB), Japan and locations within 40 km radius from MAB, including its associated site of Hachinohe Fuel Terminal, with the exception of the MAB Airfield and Draughon Range. The contract will be effective for one-year basic period, with two one-year options and maximum six-month option to extend services that may be exercised at the discretion of the Government. The guaranteed minimum amount is ¥300,000 and the un-guaranteed maximum amount is ¥1,200,000,000 for the entire life of the contract. The quantities of each exhibit line items listed in Exhibit A thru E are the Government’s estimate per year, not a maximum limit of the contract, and the Government reserves the right to change the quantities and add the exhibit line item(s) in respective contract year within the maximum limit, and basic intent and general scope of the contract. The Government will award construction project(s) by issuing individual Task Order(s) (TOs) consisting of the exhibit line item(s) to the contractor as requirements are identified and funds become available during the contract period. All TOs to be issued under the contract are on a Japanese Yen basis. The contractor must furnish all labor, equipment, materials, and services including temporary work, safety measure, traffic control, overhead, and management necessary to perform all operations required to complete the construction for use, in accordance with (IAW) the specifications and drawings, within the terms and conditions of the contract and further defined with each individual TO. However, the contractor is reminded that the Government will not be committed to place TO(s) up to the maximum limit of the contract during the life of the contract.

B002 STATUTORY COST LIMITATION

Unspecified Minor Construction (UMC) - Operation and Maintenance (O&M) is subject to Statutory Cost Limitation (SCL) of $4,000,000.00 or equivalent Japanese Yen amount IAW Section L, DFARS 252.236-7006, Cost Limitation. Amount of UMC - O&M, if included in the TO, shall not exceed the said SCL. For the purpose of conversion from Yen amount to U.S. Dollar, respective fiscal years' Foreign Currency Fluctuation Defense (FCFD) budget rate will be announced to the contractors in the beginning of respective fiscal year.

B003 CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this solicitation by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

(c) Section K, L and M, Attachment 6 and 7 of the solicitation, and para. 8 and 9 below will be physically removed from any resultant award, but will be deemed to be incorporated by reference, in that award.

2. Descriptions and Specifications

C001 SPECIFICATIONS, STANDARDS AND DRAWINGS (IAW FAR 11.201)

The contractor shall furnish the services and supplies set forth in Section B of the solicitation/contract IAW the specifications, drawings and attachments listed in Section J, and scope of work, location plan and/or drawings called for by individual TO when issued.

Attachment 1 of Contract No. FA520523D0005

Attachment 1 of Contract No. FA520523D0005

3. Inspection and Acceptance

E001 INSPECTION AND ACCEPTANCE (IAW FAR 46.401(b) and 46.503)

Inspection and acceptance will be at the destination(s) to be specified in individual TO(s) within “Place of Performance” in para. F001 below.

4. Deliveries or Performance

F001 PLACE OF PERFORMANCE

Services under this contract are required to be performed at the following location(s):

MAB and locations within 40 km radius from MAB, including its associated site of Hachinohe Fuel Terminal, with the exception of the MAB Airfield and Draughon Range.

5. Contract Administration Data

G001 GOVERNMENT PERSONNEL

The Contracting Officer will provide to the contractor, a listing of the names of the Administrative Contracting Officer, Contract Administrator, Contracting Officer's Representative (COR), and Government Inspector(s), their organizational codes and telephone numbers at the time of award or at the pre-construction conference.

G002 INVOICE/PAYMENT

Payment will be made by the office to be indicated in block 15 of DD1155 of individual TO IAW FAR 52.232-5, “Payments under Fixed-Price Construction Contracts”, FAR 52.232-27, “Prompt Payment for Construction Contracts”, and DFARS 252.232-7003, “Electronic Submissions of Payment Requests and Receiving Reports”, after receipt of the payment request by the billing office designated in block 7 of DD1155.

G003 WIDE AREA WORKFLOW (WAWF) Routing Data

The routing data for the contractor’s payment requests in WAWF is provided in the contract clause at DFARS 252.232-7006, “Wide Area WorkFlow Payment Instructions”. If other routing data is applicable, such data will be listed in the clause and incorporated into the TO.

G004 TASK ORDER(S) ISSUING OFFICE

TO(s) will be issued by the following office under this contract:

35th Contracting Squadron Bldg. 656, Misawa Air Base, Misawa-shi, Aomori-ken, Japan 033-0012

6. Special Contract Requirements

H001 CONCILIATION

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

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

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

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

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

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

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

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

H002 REQUIRED INSURANCE

(This paragraph applies only when contractor’s owned vehicles are being operated on MAB and Hachinohe Fuel Terminal)

(a) The contractor shall procure and maintain during the entire period of his/her performance under this contract, the following minimum vehicle insurance:

Property Damage – ¥2,000,000

(b) Prior to the commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The contractor is required to notify the Contracting

Attachment 1 of Contract No. FA520523D0005

Attachment 1 of Contract No. FA520523D0005

Officer immediately upon cancellation or of any material change in the policies adversely affecting the interests of the Government.

(c) The contractor agrees to insert the substance of this clause including this paragraph c, in all subcontracts hereunder.

H003 PERFORMANCE BOND

(a) This is a TO based IDIQ contract under which the contractor is required to submit an executed performance bond on the basis of individual TO payable to the contractor.

(b) Upon receipt of individual TO that its award amount exceeds $150,000.00 or equivalent Japanese Yen amount, the contractor shall furnish an executed performance bond to the Contracting Officer as follows:

(i) Within 30 CD after the receipt date of TO by the contractor, unless otherwise a period longer than 30 CD is specified in the TO; and

(ii) In a penal sum of performance bond equal to100 percent of TO award amount, properly executed on Standard Form 25.

In case that the procedural matters of the surety (non-life insurance company in the case of Japan) affecting submission of the bond stipulated above arises, the contractor shall immediately report such fact in writing to the Contracting Officer for his/her determination.

(c) Additional performance bond shall be required when the TO award amount is increased by more than $10,000.00 or equivalent Japanese Yen amount as indicated in the TO modification. The contractor shall furnish an executed additional performance bond to the Contracting Officer, in a penal sum equal to the increase, within the period specified in the TO modification or the Contracting Officer's letter otherwise issued.

(d) Penal sum of bond shall be filled in Japanese Yen in line with the resultant Japanese Yen based TO award amount. Penal sum of bond indicated in U.S. Dollar will be conditionally acceptable, if the dollar penal sum is equivalent to the yen-based construction value as converted by use of the exchange rate at the time of the bond execution and such bond is accompanied by the surety’s separate certification ensuring that the U.S. Dollars indicated in the bond shall be adjusted to the amount equivalent to the yen-based construction value in line with the exchange rate fluctuation.

(e) Failure by the contractor to submit the performance bond as stated above may constitute actionable grounds to invoke termination action pursuant to Section I, Contract clause, FAR 52.249-10 entitled "Default (Fixed-Price Construction)".

H004 SITE SURVEY AND TASK ORDER(S).

(a) The contractor shall commence the on-site work called for by the TO after a Notice to Proceed (NTP) is issued, IAW the contract clause at FAR 52.211-10. Within two (2) weeks after receipt of the NTP, the contractor shall submit the required site survey schedule/plan to the Contracting Officer for his/her review and approval. As the submitted schedule/plan is approved by the Contracting Officer and all necessary permit, clearance and/or waiver are obtained, the contractor can initiate the site survey.

(b) The contractor shall submit the site survey result report to the Contracting Officer within two (2) weeks after the date of the survey completion for the Government's examination and approval. In conjunction with the actual conditions of the project site(s) validated by the site survey, if necessary, exhibit line item(s) specified in the TO may be adjusted within the scope of the TO as determined by the Contracting Officer. Such adjustment including adjustment of the performance period, if necessary, will be made by a bilateral modification within the TO amount.

Attachment 1 of Contract No. FA520523D0005

(c) Site Survey for FY End TO. In the event that award of TO occurs during the month of September and the performance for such TO will start in the subsequent month of October by crossing the U.S. fiscal year (1 Oct thru 30 Sep of the following year), the contractor shall submit the site survey result report and material submittals except for those required at or after the construction stage, to the Contracting Officer by 15 December of that year. Subject to the Government’s approval of those report and submittals, the Government requires the contractor to submit a proof of material ordering or agreement/contract with the supplier(s) by 31 December of that year. After the winter period (15 Dec thru 15 Mar of the following year), the contractor shall verify on-site conditions if any damage incurs per severe weather during the winter period. In case such damage requires changes in the initial site survey result report, the contractor shall incorporate those changes into the final site survey result report to the Contracting Officer by 30 Apr of that year.

H005 NON-PRICED ITEM (NPI)

NPIs not covered by the exhibit line items may be incorporated into individual TO(s) upon agreement by both parties under conditions that the NPI is necessary to accomplish the construction project and is within the basic intent and general scope of the contract, e.g. rerouting of utilities that interfere with road repair. Non-priced work shall be so noted on list of exhibit line items attached to individual TO.

H006 NOTICE OF CONSTRUCTIVE CHANGES

No order, statement of direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

7. Contract Clauses

I001 APPLICABILITY OF FAR 52.209-9

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

I002 APPLICABILITY OF THE DEFENSE BASE ACT

The contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act), and FAR 52.228-4, Worker’s Compensation and War-Hazard Insurance Overseas. FAR 52.228-3 applies to (1) all employees who are United States citizens and (2) all employees hired from within the United States and its territories, regardless of their nationality. FAR 52.228-4 applies to all other employees not previously specified.