Contract - FA520523D0002_16Mar23.pdf

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

Created On: 15 Mar 2023, 10:56 PM Central Standard Time

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Section A - Solicitation/Contract Form

Airfield/Pavements IDIQ Contract

North American Industry Classification System (NAICS): 237310

FA520523D0002

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

The guaranteed minimum amount (GMA) is JPY300,000, and the un-guaranteed maximum amount is JPY4,406,600,000 for the entire life of the contract. The task order covering the GMA is issued to the contractor upon award of the contract. The maximum aggregate estimated ceiling amount of Basic Year, Option Year One, Option Year Two, Option Year Three and Option Year Four is JPY4,006,000,000 as shown in the schedule below.

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

Basic Year (one year from xx xxx 2023 to xx xxx 2024).

Provide all work in accordance with the plans and specifications provided under this Airfield /Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. Exhibit Line Items (hereinafter called "ELIN" or "ELINs") to be used under this Contract Line Item (CLIN) are as listed in Exhibit A of Section J. The total amount of individual task order must be calculated by adding extended amounts of each ELINs included in the individual task order. See Attachment 1, Other Contract Requirements, para. 1, B001 for the details of IDIQ contract intended.

Product Service Code: Z2BD Pricing Arrangement: Firm Fixed Price

Lot Lot

JPY 801,200,000

Estimated

Firm Price

JPY 801,200,000

Option Line Item

Option Year One (for a period of one year from xx xxx 2024 to xx xxx 2025).

Provide all work in accordance with the plans and specifications provided under this Airfield /Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. ELINs to be used under this CLIN are as listed in Exhibit B of Section J.

The total amount of individual task order must be calculated by adding extended amounts of each ELINs included in the individual task order. See Attachment 1, Other Contract Requirements, para.

1, B001 for the details of IDIQ contract intended.

Product Service Code: Z2BD Pricing Arrangement: Firm Fixed Price

Lot Lot

JPY 801,200,000

Estimated

Firm Price

JPY 801,200,000

Option Line Item

Option Year Two (for a period of one year from xx xxx 2025 to xx xxx 2026).

Provide all work in accordance with the plans and specifications provided under this Airfield /Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. ELINs to be used under this CLIN are as listed in Exhibit C of Section J.

The total amount of individual task order must be calculated by adding extended amounts of each ELINs included in the individual task order. See Attachment 1, Other Contract Requirements, para.

1, B001 for the details of IDIQ contract intended.

Lot Lot

JPY 801,200,000

Estimated

Firm Price

JPY 801,200,000

Product Service Code: Z2BD Pricing Arrangement: Firm Fixed Price

Option Line Item

Option Year Three (for a period of one year from xx xxx 2026 to xx xxx 2027).

Provide all work in accordance with the plans and specifications provided under this Airfield /Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. ELINs to be used under this CLIN are as listed in Exhibit D of Section J.

The total amount of individual task order must be calculated by adding extended amounts of each ELINs included in the individual task order. See Attachment 1, Other Contract Requirements, para.

1, B001 for the details of IDIQ contract intended.

Product Service Code: Z2BD Pricing Arrangement: Firm Fixed Price

Lot Lot

JPY 801,200,000

Estimated

Firm Price

JPY 801,200,000

Option Line Item

Option Year Four (for a period of one year from xx xxx 2027 to xx xxx 2028).

Provide all work in accordance with the plans and specifications provided under this Airfield /Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. ELINs to be used under this CLIN are as listed in Exhibit E of Section J.

The total amount of individual task order must be calculated by adding extended amounts of each ELINs included in the individual task order. See Attachment 1, Other Contract Requirements, para.

1, B001 for the details of IDIQ contract intended.

Product Service Code: Z2BD Pricing Arrangement: Firm Fixed Price

Lot Lot

JPY 801,200,000

Estimated

Firm Price

JPY 801,200,000

Section C - Description/Specifications/Statement of Work

See Para. 2, Descriptions and Specifications of Attachment 1, Other Contract Requirements.

Requirements Airfield/Pavements IDIQ Contract

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996

Overall Contract Inspection/Acceptance Locations

Authorized Accepting Official

Acceptance Destination Instructions: See individual Task Order to be issued under this contract.

DoDAAC: FA5205 CountryCode: USA

FA5205 35 CONS PK

UNIT 5201, APO AP 96319-5201

APO, AP 96319-5201

UNITED STATES

Kazunari Sato Email: kazunari.sato.jp@us.af.mil Telephone: DSN: 315-226-3496

Option Line Item

Authorized Accepting Official

Acceptance Destination Instructions: See individual Task Order to be issued under this contract.

DoDAAC: FA5205 CountryCode: USA

FA5205 35 CONS PK

UNIT 5201, APO AP 96319-5201

APO, AP 96319-5201

UNITED STATES

Kazunari Sato Email: kazunari.sato.jp@us.af.mil Telephone: DSN: 315-226-3496

Option Line Item

Authorized Accepting Official

Acceptance Destination Instructions: See individual Task Order to be issued under this contract.

DoDAAC: FA5205 CountryCode: USA

FA5205 35 CONS PK

UNIT 5201, APO AP 96319-5201

APO, AP 96319-5201

UNITED STATES

Kazunari Sato Email: kazunari.sato.jp@us.af.mil Telephone: DSN: 315-226-3496

Option Line Item

Authorized Accepting Official

Acceptance

Destination Instructions: See individual Task Order to be issued under this contract.

DoDAAC: FA5205 CountryCode: USA

FA5205 35 CONS PK

UNIT 5201, APO AP 96319-5201

APO, AP 96319-5201

UNITED STATES

Kazunari Sato Email: kazunari.sato.jp@us.af.mil Telephone: DSN:315-226-3496

Option Line Item

Authorized Accepting Official

Acceptance Destination Instructions: See individual Task Order to be issued under this contract.

DoDAAC: FA5205 CountryCode: USA

FA5205 35 CONS PK

UNIT 5201, APO AP 96319-5201

APO, AP 96319-5201

UNITED STATES

Kazunari Sato Email: kazunari.sato.jp@us.af.mil Telephone: DSN: 315-226-3496

Section F - Deliveries or Performance

Overall Contract Delivery Period

Ordering Period From 06 Feb 2023 to 05 Feb 2028

The ordering period above may include unexercised options

From date of lead time event to beginning of performance 30 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Estimated Quantity

Address and POC

Delivery Schedule From date of lead time event to beginning of performance 30 Calendar Days Date of Notice to Proceed Receipt

1 Lot Ship To DoDAAC: F3D3AB CountryCode: USA

F3D3AB 35 CES CEC

AF NO MILSBILLS PROC CP, UNIT

APO, AP 96319-5022

UNITED STATES

Ms. A. Gulce Buyuk Email: ayse.buyuk.1@us.af.mil Telephone: DSN: 315-226-5180

Option Line Item

Delivery Schedule From date of lead time event to beginning of performance 30 Calendar Days Date of Notice to Proceed Receipt

1 Lot Ship To DoDAAC: F3D3AB CountryCode: USA

F3D3AB 35 CES CEC

AF NO MILSBILLS PROC CP, UNIT

APO, AP 96319-5022

UNITED STATES

Ms. A. Gulce Buyuk Email: ayse.buyuk.1@us.af.mil Telephone: DSN: 315-226-5180

Option Line Item

Delivery Schedule From date of lead time event to beginning of performance 30 Calendar Days Date of Notice to Proceed Receipt

1 Lot Ship To DoDAAC: F3D3AB CountryCode: USA

F3D3AB 35 CES CEC

AF NO MILSBILLS PROC CP, UNIT

APO, AP 96319-5022

UNITED STATES

Ms. A. Gulce Buyuk Email: ayse.buyuk.1@us.af.mil

Telephone: DSN: 315-226-5180

Option Line Item

Delivery Schedule From date of lead time event to beginning of performance 30 Calendar Days Date of Notice to Proceed Receipt

1 Lot Ship To DoDAAC: F3D3AB CountryCode: USA

F3D3AB 35 CES CEC

AF NO MILSBILLS PROC CP, UNIT

APO, AP 96319-5022

UNITED STATES

Ms. A. Gulce Buyuk Email: ayse.buyuk.1@us.af.mil Telephone: DSN: 315-226-5180

Option Line Item

Delivery Schedule From date of lead time event to beginning of performance 30 Calendar Days Date of Notice to Proceed Receipt

1 Lot Ship To DoDAAC: F3D3AB CountryCode: USA

F3D3AB 35 CES CEC

AF NO MILSBILLS PROC CP, UNIT

APO, AP 96319-5022

UNITED STATES

Ms. A. Gulce Buyuk Email: ayse.buyuk.1@us.af.mil Telephone: DSN: 315-226-5180

FAR Clauses Incorporated by Full Text

52.211-12 Liquidated Damages-Construction. Sep 2000

As prescribed in , insert the following clause in solicitations and contracts:11.503(b)

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of JPY53,628 for first calendar day of delay and JPY27,958 for each calendar day of delay until the work is completed or accepted.

If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Section G - Contract Administration Data

ACCOUNTING AND APPROPRIATION DATA

(a) Accounting and appropriation data will be cited on each individual TO(s) as awarded.

(b) Guaranteed minimum amount. Obligation of the guaranteed minimum amount of JPY300,000 specified in para. B001 above will be satisfied by issuing a firm requirement for a TO upon award of the contract. The following listed is the accounting and appropriation data for the guaranteed minimum amount.

5733400 303 18PG 374421 01 52100 22178F 387700 F87700

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Construction Payment Invoice

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA5205

Admin DoDAAC FA5205

Inspect By DoDAAC N/A

Ship To Code FA5205

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Mr. Kazunari Sato, Contracting Officer, kazunari.sato.jp@us.af.mil

Mr. Kazuhiro Nakamura, Contract Administrator, kazuhiro.nakamura.jp@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-15 Energy Efficiency in Energy-Consuming Products. May 2020 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.225-14 Inconsistency between English Version and Translation of Contract. Feb 2000 52.227-4 Patent Indemnity-Construction Contracts. Dec 2007 52.228-2 Additional Bond Security. Oct 1997 52.228-3 Workers’ Compensation Insurance (Defense Base Act). Jul 2014 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas. Apr 1984 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-6 Taxes-Foreign Fixed-Price Contracts. Feb 2013 52.232-5 Payments under Fixed-Price Construction Contracts. May 2014 52.232-17 Interest. May 2014 52.232-27 Prompt Payment for Construction Contracts. Jan 2017 52.232-37 Multiple Payment Arrangements. May 1999 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

Apr 1984

52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Alternate I Accident Prevention (NOV 1991) - Alternate I (NOV 1991). Nov 1991 52.236-14 Availability and Use of Utility Services. Apr 1984 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-16 Alternate I Quantity Surveys (APR 1984) - Alternate I (APR 1984). Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Alternate I Specifications and Drawings for Construction (FEB 1997) - Alternate I (APR 1984). Apr 1984

52.236-26 Preconstruction Conference. Feb 1995 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. Dec 2022 52.246-21 Warranty of Construction. Mar 1994 52.248-3 Value Engineering-Construction. Oct 2020

52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price)(APR 2012) - Alternate I (SEP 1996).

Sep 1996

52.249-10 Default (Fixed-Price Construction). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

Jan 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Jan 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7001 Hazard Warning Labels. Dec 1991 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7005 Identification of Expenditures in the United States . Jun 2005 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7041 Correspondence in English. Jun 1997 252.225-7048 Export-Controlled Items. Jun 2013

252.225-7972 Deviation 2020-O0015 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems.

(DEVIATION 2020-O0015)

May 2020

252.225-7976 Deviation 2018-O0019Contractor Personnel Performing in Japan (DEVIATION 2018-O0019) Aug 2018 252.227-7032 Rights in Technical Data and Computer Software (Foreign). Jun 1975 252.227-7033 Rights in Shop Drawings. Apr 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997 252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991 252.236-7005 Airfield Safety Precautions. Dec 1991 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010 252.247-7023 Transportation of Supplies by Sea. Feb 2019

FAR Clauses Incorporated by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984

The Contractor shall be required to (a) commence work under this contract when a task order (TO) is issued, within the period specified in the notice to proceed (NTP) after the date the contractor receives the NTP, which will be issued to the contractor within 30 calendar days (CD) after the award date of the TO, unless a period longer than 30 CD is specified in the TO, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the period or date set forth in the TO.

The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.216-18 Ordering. Aug 2020

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from -

(1) Basic Period, from xx xxx 2023 through xx xxx 2024.

(2) Option Year One, from 2024 through 2025.xx xxx xx xxx

(3) Option Year Two, from 2025 through 2026.xx xxx xx xxx

(4) Option Year Three, from 2026 through 2027.xx xxx xx xxx

(5) Option Year Four, from 2027 through 2028.xx xxx xx xxx

(6) Option to Extend Services, for a period of maximum six (6) months subsequent to completion of Basic Period, Option Year One, Option Year Two, Option

Year Three, or Option Year Four. Specific dates will be indicated on a contract modification when this option is exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when-

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either-

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations. Oct 1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than Y200, 000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of Y600,000,000;

(2) Any order for a combination of items in excess of Y600,000,000; or

(3) A series of orders from the same ordering office within five (5) business days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. Oct 1995

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after The delivery date shown in individual task order.

(End of clause)

52.217-8 Option to Extend Services. Nov 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within fifteen (15) days prior to expiration of the contract period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. Mar 2000

(a) The Government may extend the term of this contract by written notice to the Contractor within fifteen(15) days prior to expiration of contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months.

(End of clause)

52.223-3 Hazardous Material Identification and Material Safety Data. Feb 2021

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None) Identification No.

None ____

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.228-15 Performance and Payment Bonds-Construction. (Tailored) Jun 2020

52.228-15 Performance and Payment Bonds-Construction (Jun 2020), is modified to reflect the Contracting Officer's waiver of requirement for payment bonds and sureties appearing on Treasury Department Circular 570 which was made in accordance with FAR 28.102-1(a)(1) and FAR

28.202 (b), as follows.

1. The words of "and payment" are deleted from the words of "performance and payment" at the clause title, para. (b), and para. (b)(3)(i), respectively.

In addition, para. (b)(2) and (e) are deleted from the clause in their entirety.

2. The words of ", or sureties authorized for issuance of the performance bond by the Financial Service Agency, the Government of Japan" are added at the end of 1st sentence in para. (d).

(End of clause)

52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management. Jul 2013

As prescribed in , insert the following clause:32.1110(a)(2)

Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013)

Method of payment.(a)

All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of (1) this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-(2)

Accept payment by check or some other mutually agreeable method of payment; or(i)

Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) (ii) of this clause).

Mandatory submission of Contractor's EFT information.(b)

The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). (1) The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: "designated office") by no later than 15 days prior to submission of the first request for payment. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this (2) EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, (c) Mechanisms for EFT payment subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in .31 CFR Part 210

Suspension of payment.(d)

The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment (1) information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT (2) information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

Liability for uncompleted or erroneous transfers.(e)

If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government (1) remains responsible for-

Making a correct payment;(i)

Paying any prompt payment penalty due; and(ii)

Recovering any erroneously directed funds.(iii)

If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of (2) Government release of the EFT payment transaction instruction to the Federal Reserve System, and-

If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor (i) is responsible for recovery of any erroneously directed funds; or

If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) (ii) shall apply.

. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of (f) EFT and prompt payment this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this (g) EFT and assignment of claims contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph

(j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

. The Government is not liable for errors resulting from changes to EFT information (h) Liability for change of EFT information by financial agent provided by the Contractor's financial agent.

. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for (i) Payment information transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing.

However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.

. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this (j) EFT information or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause.

The contract number (or other procurement identification number).(1)

The Contractor's name and remittance address, as stated in the contract(s).(2)

The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this (3) information.

The name, address, and 9-digit Routing Transit Number of the Contractor's financial agent.(4)

The Contractor's account number and the type of account (checking, saving, or lockbox).(5)

If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent.(6)

If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the (7) correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment.

(End of clause)

52.236-1 Performance of Work by the Contractor. Apr 1984

The Contractor shall perform on the site, and with its own organization, work equivalent to at least percent of the total amount of work to twelve (12) be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

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. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of clause)

52.252-4 Alterations in Contract. Apr 1984

Portions of this contract are altered as follows:

(A) Section B. The guaranteed minimum amount of JPY300,000, un-guaranteed maximum amount of JPY4,406,600,000 for the entire life of the contract , and maximum aggregated estimated ceiling amount of JPY4,006,000,000 are added.

(B) Section G.

(1) Accounting and appropriation data for the guaranteed minimum amount at para. (b) is changed as follows:

5733400 303 18PG 374421 01 52100 22178F 387700 F87700

(2) Effective date of the following DFARS clause is updated as indicated in "From" and "To" below:

From To 252.232-7006 Dec 2018 Jan 2023

(C) Section I.

(1) Effective dates of the following FAR and DFARS clauses are updated and corrected as indicated in "From" and "To" below:

From To 52.236-9 Nov 1991 Apr 1984 52.236-21 Alt I Feb 1997 Apr 1984 52.244-6 Jan 2022 Dec 2022 52.249-2 Alt I Apr 2012 Sep 1996 252.203-7001 Dec 2008 Jan 2023 252.203-7002 Sep 2013 Dec 2022 252.204-7004 Feb 2019 Jan 2023 252.204-7012 Dec 2019 Jan 2023 252.204-7015 May 2016 Jan 2023 252.204-7018 May 2016 Jan 2023 252.204-7020 Mar 2022 Jan 2023 252.222-7006 Dec 2010 Jan 2023 252.223-7008 Jun 2013 Jan 2023 252.225-7012 Mar 2022 Apr 2022 252.225-7045 Aug 2019 Jan 2023 252.243-7002 Dec 2012 Dec 2022 252.244-7000 Jan 2021 Jan 2023

(2) The following FAR clauses are added:

52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management Jul 2013 52.232-37 Multiple Payment Arrangements May 1999

(3) The following FAR/DFARS clause are deleted:

52.232-33 Payment by Electronic Funds Transfer-System for Award Management Oct 2018 252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration Apr 2020

(D) Section J, Attachment 1, Other Contract Requirements:

(1) Document date is changed from 18 May 2022 to 4 Jan 2023 and;

(2) The maximum limit of the contract for the entire life of the contract is changed from JPY5,200,000,000 to JPY4,406,600,000 in para.1, B001.

(3) Statutory Cost Limitation (SCL) of Unspecified Minor Construction (UMC) - Operation and Maintenance (O&M) is changed from $2,000,000.00 to $4,000,000.00 in para.1, B002.

(End of clause)

52.252-6 Authorized Deviations in Clauses. Nov 2020

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DFARS Clauses Incorporated by Full Text

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. Jun 2015

As prescribed in 225.372-2 , use the following clause:

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. "United States," as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S.

Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such…