Atch1 Other Contract Requirements.pdf

Date: 11 Apr 2024

Attachment 1 of RFP No. FA520524R0004

OTHER CONTRACT REQUIREMENTS

1. Supplies or Services and Price

B001 DESCRIPTION OF WORK

This is an Indefinite-Delivery Indefinite-Quantity (IDIQ) Multiple Award of Construction Contract (MACC) for execution of a broad range of maintenance, repair and minor construction including design-build wherein work will be accomplished through issuance of task order(s) on DD Form 1155. The MACC awardees (contractors) shall provide supervision, labor, equipment, and materials necessary to accomplish construction tasks encompassing design-build, renovation, additions/upgrades, along with specific work involving multiple disciplines such as, but not limited to, architectural, structural, civil, mechanical, fire protection, electrical, demolition and others for

Facilities Sustainment, Restoration & Modernization (FSRM) in Misawa AB, Japan, and its associated sites of

Draughon Range in Amagamori Area, Hachinohe Fuel Port and Shariki Town, Aomori-prefecture, and other areas of Japan based on agreement by the contractor for individual task order, all in accordance with the General

Provisions provided under this contract and the statement of work, specifications, drawings and/or sketches called for by each individual Task Order (TO). The contract will include no pre-established fixed contract prices, and the work will be required in each individual TO on a firm-fixed price basis. The contract will be effective for three-year basic year, with seven one-year options that may be exercised at the discretion of the Government, with a guaranteed minimum amount of $2,000.00 and maximum amount of $990,000,000 for the entire life of the contract. The contractor is, however, reminded that the Government will not be committed to place TO(s) up to the maximum amount of the contract during the life of the contract.

B002 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, Attachments 3 thru 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 in accordance with the General Provision listed in Section J, and statement of work, specifications and/or drawings called for by individual task order when issued.

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. 4.F001 below.

4. Deliveries or Performance

F001 PLACE OF PERFORMANCE

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

To be designated on individual TO(s) within the locations of Misawa Air Base, Japan, and its associated sites of Draughon Range in Amagamori Area, Hachinohe Fuel Port, and Shariki Town, Aomori-prefecture, and other areas of Japan based on agreement by the contractor for individual task order.

F002 PERFORMANCE PERIOD OF TASK ORDER

Performance period of each project will be specified in individual TO when issued under the contract:

(a) Construction only: For commencement of the work, the Government will issue a Notice to Proceed (NTP) to the contractor within 30 calendar days (CD) after the award date of TO, unless a period longer than 30 CD is otherwise specified in the TO. Upon receipt of the NTP, the contractor shall commence the work within the period specified in the NTP and complete all the work within the performance period set forth in the TO.

(b) Design-Build: The contractor shall commence the design work upon receipt of the TO, and complete each task within a schedule specified in the TO. For commencement of the construction work, the Government will issue a NTP to the contractor within 30 CD after the Government acceptance of the final design, unless a period longer than 30 CD is otherwise specified in the TO.

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 in accordance with

FAR 52.232-5, “Payments under Fixed-Price Construction Contracts”, FAR 52.232-27, “Prompt Payment for

Construction Contracts”, FAR 52.232-34, “Payment by Electronic Funds Transfer – Other than System for Award

Management”, 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 in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of

Mutual Cooperation and Security between Japan and the United States of America. Requests by the contractor for conciliation shall be made in accordance with the following procedures:

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

(b) The request for conciliation will be submitted by the contractor through the nearest local Japanese Defense

Facilities Bureau, to the Contract Conciliation panel of the Joint Committee. Upon the filing of the request with the

Joint Committee, the contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

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

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

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

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

H002 REQUIRED INSURANCE

(This paragraph applies only when contractor’s owned vehicles are being operated on Misawa Air Base)

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

Bodily Injury – ¥30,000,000 per person per occurrence, in addition to the Japanese Compulsory Insurance (JCI)

Property Damage – ¥3,000,000 per occurrence

(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

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 construction value 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 task order; and

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

In case that the procedural matters of the surety (non-life insurance company and bank 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 construction value 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 of the construction value, within 30 CD after the modification execution date or within the period specified in a letter issued by the Contracting Officer.

(d) Penal sum of bond shall be filled in Japanese Yen in line with the resultant Japanese Yen based TO construction value. 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 TASK ORDER ISSUANCE PROCEDURES

1. Projects under MACC. The projects under the contract may be non-complex performance oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof, for all aspects in general construction work. TO solicitations will be issued for construction only or design-build (DB) projects IAW the contract terms and conditions, as requirements are identified by and selected for MACC at the discretion of the Government. Award of TOs shall not be made until funds are available.

Attachment 1 of RFP No. FA520524R0004

2. Basis of TO Award. The basis of TO award is Subjective Tradeoff Technically Acceptable (STOTA), Subjective Tradeoff (STO) or Price Only under Fair Opportunity Proposal Request (FOPR), or Price Only under

Fair Opportunity Bid Invitation (FOBI), which will be selected at the discretion of the Government for each project in consideration of the project scope, complexity, magnitude, urgency and funding conditions.

3. TO Solicitation for Projects. FOPR or FOBI will be issued to each of the contractors to solicit the offers for the project by the Government. The FOPR/FOBI may not have complete design package and specifications but will include statement of work (SOW) and other supporting documents that define the project and state the Government requirements. All attachments to FOPR/FOBI, if applicable, will be considered to be a part of the project scope of work. The joint site visit will be held by the Government and the contractors as requested in the FOPR/FOBI, to discuss all conditions and details of the work. The Government is not responsible for any costs incurred or associated with preparation and submission of the offers. Refer to Attachment 2 in Section J, MACC General

Provisions.

4. FOPR:

(a) Submission of Proposal. The contractors will be requested to submit the proposal to the issuing office within the period stated in the FOPR, which may consist of:

(i) Technical Proposal. Concept sketches or drawings for proposed methods, performance schedule of design and construction, proposed technical solutions, management approach, qualifications for key personnel/design engineers/subcontractors, catalogs, and/or other material submittals.

(ii) Price Proposal. The price proposal for the construction cost for construction only project, or for the design fee and construction cost for D-B project. The proposed price(s) shall be indicated in Japanese Yen.

(iii) Past Performance. Recent and relevant performance information. Definition of "recent" and "relevant" will be specified in the FOPR for each project.

(b) Evaluation of Proposal. Award of TO will be made on a best value basis determined by either a STOTA, STO or Price Only, as stated in the FOPR.

(i) STOTA. Competing offerors' combined past performance information and technical “acceptability” will be evaluated on a basis of relative importance of factors as stated in the FOPR. The Government reserves the right to award a TO to other than the lowest price. In that event, among the technically “Acceptable” proposals, an integrated assessment best value award decision will be made using the price and the Past Performance Confidence

Rating. The FOPR will state that competing offerors' combined past performance information and technical

“acceptability” will be evaluated on a basis either of significantly more important than, approximately equal to, or significantly less important than price.

A. Technical Acceptability Factor. The Government will evaluate technical proposals on a pass/fail basis and assign an Acceptable or Unacceptable rating as described in Table 1 below.

Table 1. Technical Ratings

Rating Description

Acceptable Proposal meets the requirements of the FOPR.

Unacceptable Proposal does not meet the requirements of the FOPR.

B. Price Evaluation Factor. The Government will rank all offers by price, including all option prices if any. The price evaluation will document the fairness and reasonableness of the price. The Government reserves the right to perform price realism analysis. The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

C. Past Performance Factor. The Government will evaluate recent and relevant performance information on all offerors based on (i) the references provided by the offeror and (ii) any data independently obtained by the

Attachment 1 of RFP No. FA520524R0004 government. Definition of "recent" and "relevant" will be specified in the FOPR. The Government will assess relevancy for each contract and assign a rating as described in Table 2 below:

Table 2. Past Performance Relevancy Ratings

Rating Rating Definition

Very Relevant Present/past performance involved essentially the same scope and magnitude of effort and complexities as the effort this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

The purpose of the past performance evaluation is to assess the degree of confidence the Government has in the offeror’s ability to meet the solicitation requirements based on the offeror’s demonstrated record of performance.

The assessment process will result in an offeror’s overall performance confidence assessment rating of Substantial

Confidence, Satisfactory Confidence, Neutral Confidence, Limited Confidence, or No Confidence. Offerors with no recent past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned will receive the rating “Neutral Confidence,” meaning the offeror is treated neither favorably nor unfavorably (neutral). Offerors will receive an integrated past performance confidence assessment rating as described in Table 3 below:

TABLE 3. Past Performance Confidence Assessment Ratings

Rating Description

SUBSTANTIAL

CONFIDENCE

Based on the offeror’s recent/relevant performance record, the government has a high expectation that the offeror will successfully perform the required effort.

SATISFACTORY

CONFIDENCE

Based on the offeror’s recent/relevant performance record, the government has a reasonable expectation that the offeror will successfully perform the required effort.

NEUTRAL

CONFIDENCE

No recent/relevant performance is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

LIMITED

CONFIDENCE

Based on the offeror’s recent/relevant performance record, the government has a low expectation that the offeror will successfully perform the required effort.

NO

CONFIDENCE

Based on the offeror’s recent/relevant performance record, the government has no expectation that the offeror will successfully perform the required effort.

(ii) STO. Competing offerors' past performance information will be evaluated on a basis of relative importance of factors as stated in the FOPR. The Government reserves the right to award a TO to other than the lowest price. In that event an integrated assessment best value award decision will be made using the price and the Past Performance

Confidence Rating. The FOPR will state that competing offerors' past performance information will be evaluated on a basis either of significantly more important than, approximately equal to, or significantly less important than price.

A. Price Evaluation Factor. The same as STOTA above.

B. Past Performance Factor. The same as STOTA above.

(iii) Price Only. Award will be made to the lowest price conforming to the FOPR and most advantageous to the

Government, considering price only.

A. Price Evaluation Factor. The same as STOTA above.

5. FOBI. The contractors will be requested to submit sealed bids for price only. The bid price(s) shall be indicated in Japanese Yen. The bids will be opened at the time and place stated in the TO IFB for the public

Attachment 1 of RFP No. FA520524R0004 opening of bids. The price will be evaluated for reasonableness, without discussions. Award will be made to the lowest bid conforming to the FOBI, considering price only.

6. Competition. All the contractors will be solicited for each project. The contractors are encouraged to participate in all site visits and submit all proposals. Repetitive failure by contractors to participate responsibly in site visits and proposal/bid submissions may result in the government’s exclusion of the contractor from further competition under the contract, or not exercising the option to extend the contract of any such contractor. However, when the government solicits offers for projects for which funds are not certified nor readily available (generally during the last quarter of the fiscal year), submission of proposals for those projects is at the sole discretion of the respective contractors and their declination to participate in any or all such solicitations will not negatively reflect them.

7. Statutory Cost Limitation (SCL): Work or item subject to SCL, such as Unspecified Minor Construction

(UMC) and Unspecified Minor Military Construction (UMMC), may be involved in certain project(s). In that case, the SCL will be specified in U.S. dollars and Japanese yen equivalent converted at respective fiscal year’s exchange rate in the schedule of, and DFARS provision at 252.236-7006, Cost Limitation will be incorporated into

FOPR/FOBI. Such UMC or UMMC amount shall not exceed the SCL specified in the FOPR/FOBI and resultant

TO. A proposal/bid exceeding the SCL may be rejected by the Government.

8. Option for Increase Quantity. Depending on the nature of the project, as necessary, the Government may include option item(s) in FOPR/FOBI. In that case, FAR clause at 52.217-7, Option for Increase Quantity -

Separately Priced Line Item will be incorporated into the FOPR/FOBI and resultant TO. If included in the

FOPR/FOBI, the Government will evaluate the offered price for award purpose by adding the total price for all option item(s) to the total price for the basic requirement. Evaluation of option item(s) will not obligate the

Government to exercise the option(s).

9. Government-Furnished Property (GFP): GFP may be involved in certain project(s) only when its use is specified in FOPR/FOBI with a list of GFP. In that case, the following GFP related FAR and DFARS clauses will be incorporated into the FOPR/FOBI and resultant TO:

FAR 52.245-1 Government Property -- Alternate I

FAR 52.245-9 Use and Charges

DFARS 252.245-7003 Contractor Property Management System Administration

DFARS 252.245-7005 Management and Reporting of Government Property

10. Performance On or Near Airfield: Survey and construction work within or near airfield may be required in certain project(s). In that case, the work location and requirements will be provided in the statement of work, specifications, sketches and/or drawings, and DFARS clause at 252.236-7005, Airfield Safety Precautions will be incorporated into the FOPR/FOBI and resultant TO.

11. Applicability of FAR 52.203-13: This is a TO based IDIQ contract, and the TO amount and performance period will be established through the TO issuance procedure stated herein. FAR 52.203-13, Contractor Code of

Business Ethics and Conduct is applicable to the FOPR/FOBI and resultant TO that exceed $6M (or equivalent

Japanese Yen amount converted by applicable FCFD budget rate) and performance period of 120 calendar days

(CD).

12. 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.

13. Liquidated Damages (LD). The completion date(s) and rate(s) per day of delay for the LD will be established per each project and specified in the FOPR/FOBI and resultant TO.

14. Performance Evaluations: At the conclusion of each TO or other times as appropriate, the contractor’s performance evaluation will be made through the Contractor Performance Assessment Reporting System (CPARS).

Attachment 1 of RFP No. FA520524R0004

The evaluation will take into account all aspects of the contractor’s performance. The contractor will be provided an opportunity to review and comment to the Government evaluation result through the CPARS. The performance evaluations will have an impact on the award of future TOs and exercise of option year of the contract.

15. 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(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

H005 ON RAMP PROCEDURES

The Government reserves the right to re-open competition at any time during the term of the contract. In the event an on-ramp is used, the Government will advertise the re-opening of the competition on SAM.GOV, and awardees shall meet the criteria established in the initial solicitation. The evaluation and selection of awardees for any on-ramp will be exactly the same as the evaluation and award criteria used for the initial basic contract awards. The anticipated number of awards will be announced in the reopening announcement posted to SAM.GOV. Successful on-ramp awardees will compete with any existing or remaining contractors for all future TOs in the appropriate competition pool. Any additions due to on-ramps will not impact the original IDIQ contract ceiling. The ordering period for new awardees will not exceed the overall maximum term of the original IDIQ contract, including options

(i.e., will not extend past the dates established at initial award). The Government will not consider unsolicited requests for addition.

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.

8. Representations, Certifications and Other Statements of Offerors.

K001 EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF

FORCES AGREEMENT

(a) Paragraph 2, article XI of the Status of Forces Agreement between Japan and the United States authorizes the

United States entry into Japan free from Japanese customs duties and other charges, all materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces.

(b) Paragraph 3, Article XII of said Status of Forces Agreement authorizes the United States exemption from certain

Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United

States Armed Forces or by authorized agencies of the United States Armed Forces. Currently these taxes are: (a)

Consumption tax; (b) Gasoline tax and local road tax on gasoline; (c) Diesel oil tax.

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

Attachment 1 of RFP No. FA520524R0004

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

Customs Duty Type of Commodity and Amount of Duty or tax percentage of tax or Tax Excluded

Consumption Tax10% JPY

Gasoline Y53.80 per liter JPY

Diesel Y32.10 per liter JPY

K002 CONTRACTOR’S CERTIFICATION

(a) Contract with Corporations. If the resultant contract is with a corporation, it shall be signed for the corporation by the person authorized to sign.

___________________________ by _____________________________________________

(Corporate Name) (Signature, Printed Name, Title)

(b) Contract with Joint Ventures. If the resultant contract is with joint ventures, the contract shall be signed by each participant in the joint venture in the manner prescribed in paragraph (a) above. In addition, to ensure a single point of contact for resolution of contractual matters and payments, the following certification shall be signed by each participant in the joint venture.

The parties hereto expressly understand and agree as follows:

(1) ______________________________________________________________________________

(Name) (Title) (Company) is the principal representative of the joint venture. As such, all communications regarding the administration of the contract and the performance of the work there under may be directed to him or her. In the absence of:

is the alternate principal representative of the joint venture.

(2) Direction, approvals, required notices, and all other communications from the Government to the joint venture, including transmittal of payments by the Government, shall be directed to

Principal representative of the joint venture.

K003 CONSTRUCTION CONTRACTOR LICENSE

Attachment 1 of RFP No. FA520524R0004

(a) Offeror shall submit, together with the offer, the general construction contractor license (submit original and two

(2) copies) issued under applicable law of Japan, to demonstrate compliance with the requirements of FAR 52.236-7, as modified, and DFARS 252.225-7042 incorporated in Section I of the solicitation.

(b) For the purpose of this solicitation, the applicable law of Japan stated in para. 8.K003 means the Japanese

Construction Business Law, enacted on 24 May 1949 and revised on 17 Jun 2022, including its associated ordinance and directive issued by the Government of Japan or its political subdivision (Aomori Prefectural Government), under which the "general construction contractor license" required in para. K003 means the "special construction license" as defined and stipulated in the said law, ordinance, and directive.

(c) In case of offer by the joint venture or the partnership, the special construction license of each member of the joint venture or each partner of the partnership must be submitted together with the offer to comply with the said law, ordinance, and directive.

(d) Such offer that fails in representation of the above required license(s) will not be considered for award.

K004 PERFORMANCE BONDS CERTIFICATION

(a) Offeror shall submit, together with the offer, a letter (submit original and two (2) copies) from their surety asserting their ability to obtain performance bonding capacity of a minimum of 400,000,000 Japanese Yen.

(b) Such offeror that fails in representation of the above bonding capacity will not be considered for award.

K005 CONTRACTOR’S ORGANIZATION AND STAFFING

(a) Offeror shall submit, together with the offer, an organization chart (submit original and two (2) copies) including personnel and subcontractors listed below.

(1) Project Manager (PM).

(2) Contractor Quality Control System Manager (CQCSM).

(3) Job Site Foremen (JSF).

(4) Design Engineers and Subcontractors for Architectural, Structural, Civil, Mechanical, Electrical, and Fire

Protection.

(5) Construction Subcontractors for Architectural, Structural, Civil, Mechanical, Electrical, and Fire Protection.

(6) English and Japanese speaking and writing interpreters.

(b) Resumes and certificates shall be provided for PM, CQCSM, JSF, and Design Engineers meeting qualifications requirements in Attachment 2, MACC General Provisions, along with the organization chart.

(c) The contractor may change the organization chart for individual task orders after award of the contract; however, shall submit the chart and resumes/certificates for approval by the Government prior to commencement of work.

9. Instructions, Conditions and Notices to Bidders.

L001 NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE

(a) A pre-bid/pre-proposal conference will be conducted at 35th Contracting Squadron’s conference room on 14

May 2024 at 1400 hours for the purpose of answering questions regarding this solicitation.

(b) Submit the names of all attendees (not to exceed 3) to 35th Contracting Squadron prior to 10 May 2024 at

1100 hours. This information must be provided in advance in order to ensure access to the military base and its remote site, and adequate seating for the conference attendees.

(c) Bidders/Offerors are requested to submit questions to the point of contact noted above not later than 1300 hours on 17 May 2024. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

(d) A record of the conference shall be made and furnished to all prospective bidders/offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

L002 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS

(IAW FAR 36.204)

The estimated amount of the project is: This is an IDIQ type contract with a guaranteed minimum amount of

$2,000.00 and the maximum amount of $990,000,000.00 for the entire life of the contract as stated in Description of

Work, para. 1.B001. The government will not be committed to place TOs up to the maximum amount.