D1 M6261322Q0011 Combine Synopsis.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This procurement is not a small business set-aside. Therefore, any responsible source may submit a quote. This is an OCONUS requirement: FAR 19.000(b) applies. The NAIC code is 611519

This solicitation M62613-22-Q-0011 incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 and Defense Federal Acquisition Regulations Supplement Publication Notice (DPN) 20220623. THIS NOTICE CONSTITUTES THE ONLY

SOLICITATION.

Addendum to 52.212-1 Instructions to Offerors. The quote shall contain all requested products as the contract award will be made in aggregate. Therefore, any quote received without all products priced will be considered non-responsive.

Offerors are instructed to completely fill out the attached coversheet and return it along with your quote. Quotes submitted without the required coversheet will not be evaluated nor considered for award.

Offerors shall submit their response to this RFQ and all questions via email to naoko.nitta.ja@usmc.mil no later than the 17 Aug. 2022, 02:00 PMJapan Standard Time (JST) in this listing.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781

Requirement, clauses and provisions, and misc. information.

Performance Work Statement for Fire Truck Company Operations Training & Certification

MCAS Iwakuni Fire & Emergency Services Marine Corps Air Station Iwakuni, Japan

1.0 General

1.1 Introduction & Background. Training and certification are the cornerstones of any fire department.

Training presents a primary opportunity to expand the knowledge base of all our employees; refining performance, improving morale, strengthening weakness, while supporting their career progression – ultimately improving upon emergency and non-emergency service deliveries for our community. MCAS Iwakuni Fire & Emergency Services requires several courses in order to accomplish these objectives, in the form of a Truck Company Operations Academy.

1.2 Scope of Work & Objective: The Contractor shall provide services as specified in this Performance Work

Statement (PWS). The contractor shall provide all materials and qualified instructors with the appropriate certifications, knowledge, skills and abilities to complete the tasks associated with this PWS.

1.2.1 MCAS Iwakuni Fire & Emergency Services is in need of training and certification for Driver Operator- Aerial and Truck Company Operations Training.

1.2.2 This requirement is to provide training for Driver Operator- Aerial and Truck Company Operations for the purpose of certification.

1.2.3 The training will be administered as two simultaneous courses being taught on back to back days to a two platoon system (A and B Shifts). Each course being administered will have a maximum of 24 participants for a total of 48 participants.

1.2.4 Performance of training is to provide certifications for Driver Operator- Aerial in accordance with (IAW)

National Fire Protection Association (NFPA) 1002: Standard on Fire Apparatus Driver/Operator Professional Qualifications.

1.2.5 Performance of training is to provide Certificates of Attendance for Truck Company IAW Structural Firefighting: Truck Company Skills and Tactics/ IFSTA, 2nd edition, 2010.

1.2.6 Each course shall meet the requirements set forth by the National Board on Fire Service Professional Qualifications (ProBoard) or International Fire Service Accreditation Congress (IFSAC) as required by MCO 11000.11A.

1.3 Period of Performance.

1.3.1 The contractor shall have no more than one (1) year (365 days) from the date of award to execute the provisions within this PWS unless additional periods of performance are awarded by the Contracting Officer (KO).

1.3.2 The total period of performance shall be on dates that are mutually agreed upon by both parties, and shall allow for flexibility due to COVID restrictions and limited workforce conditions.

1.3.3 The actual period of performance for this training and certification will meet the requirements for certification. All instruction, testing, evaluation, retesting, and reevaluation for certification shall be delivered within allotted time.

1.3.4 Each day will consist of eight (8) hours of instruction with a one hour lunch break. Class will be Monday through Friday. Saturday may be utilized as an additional training day if necessary. Any additional day may be utilized for retesting or reevaluation if and when required.

1.3.5 Instruction, testing, evaluation, retesting, and reevaluation shall be delivered starting with the Driver Operator Aerial and concluding with Truck Company Operations.

1.3.6 The dates of performance/instruction shall be coordinated with the Government POC, and any changes to the dates shall be agreed upon between the Contractor and the Contracting Officer.

1.3.7 Primary requested dates for execution: start September 19, 2022

1.3.8 Secondary requested dates for execution: Start August 15th 2022

1.3.9 The contractor shall contact the FES Designated Representative within seven (7) days of award to schedule dates and times of performance.

1.3.10 The performance for this contract will require one (1) visit to MCAS Iwakuni.

1.3.11 Contractor shall complete instruction described in this PWS within a twenty (20) day period after commencing work (unless approved by Contracting Officer).

1.3.12 Daily hours required to execute contract are at the discretion of the contractor, but shall be performed between the hours of 0800 and 1800.

1.3.13 Any changes to the dates shall be agreed upon between the Contractor and the Contracting Officer..

1.3.14 In the event the Contractor anticipates or encounters difficulty in complying with the contract performance schedule, time limitations and requirements, or in meeting any other requirements set forth in this contract, the Contractor shall immediately notify the Contracting Officer in writing giving full detailed rationale for delinquent performance. Receipt of the Contractor’s notification shall in no way be construed as either acceptance by the Government or as a waiver of the Government’s right under this contract or a law.

1.3.15 Federal Holidays. The contractor shall not be required to provide services on federal holidays unless the holiday is particularly specified otherwise in this PWS.

Federal Holiday Occurrence New Year’s Day 1 January*

Martin Luther King Jr.’s Birthday 3rd Monday of January President’s Day 3rd Monday of February Memorial Day last Monday of May

Independence Day 4 July* Labor Day 1st Monday of September

Columbus Day 2nd Monday of October Veterans Day 11 November*

Thanksgiving Day 4th Thursday of November Christmas Day 25 December*

* When a federal holiday falls on Sunday, the following Monday will be observed as a holiday by the U.S.

government. When a federal holiday falls on a Saturday, the preceding Friday will be observed as a holiday.

In addition to these federal holidays, if the President of the United States issues an executive order closing the federal government, that date shall also be considered a recognized federal holiday (Reference Executive Order 11582 of February 11, 1971, and 5 U.S.C. 5546 and 6103(b) and other similar statues insofar as they relate to the pay and leave of employees of the United States).

1.3.16 Typhoon Conditions. Japan-based military installations close when Tropical Cyclone Condition of

Readiness 1C (TCCOR 1C or TC-1C) is declared by Military Weather Station authorities. The Contractor will be required to depart military bases, remain indoors, and monitor radio/television to determine when the TCCOR changes to TCCOR SW (Storm Watch) or TCCOR AC (All Clear). When TCCOR SW is declared by Military Weather Station authorities, the Contractor shall restart the service within 2 hours. If that occurs after normal business hours, services shall begin the next normal workday at 8:00am.

2.0 Place of Performance.

2.0.1 MCAS Iwakuni, Japan, Station Operations, Fire & Emergency Services, PSC 561 Box 1876, FPO AP 96310-

0019, Phone 011-81-827-94-1130:

2.0.2 Fire Station 1 (Bldg. 6119) Training Room and Fire Department Training Grounds (Bldg. TT119)

3.0 Marine Corps Designated Representatives:

3.0.1 Contract POC: Deputy Fire Chief James Welch. Email: james.a.welch1@usmc.mil. Telephone: DSN (315)

255-1136, comm 011-81-827-94-1136. MCAS Iwakuni, Fire & Emergency Services, MCAS Iwakuni Japan, Building 6119, Room 141.

4.0 Technical Requirements (Description of Work/Tasks) for:

4.0.1 Qualifications. Contractor personnel employed in this effort will have the appropriate certifications, knowledge, skills and abilities to complete the tasks associated with this PWS. Must be able to provide proof upon request, and must show up with all technical references and manuals required to perform.

4.0.2 Certification provided shall be ProBoard or IFSAC accredited in order to meet Department of Defense (DoD) accreditation requirements. Certification levels shall be in accordance with the most appropriate editions of NFPA.

mailto:james.a.welch1@usmc.mil

4.0.3 Course materials shall be provided in Japanese by the contractor for students attending this training. It is the responsibility of the contractor to ensure all training materials and course exams (excluding IFSTA manuals) are translated to the Japanese language. It is the responsibility of the contractor to ensure the translated material and exams are adequate to deliver the course and test students in an accurate manner.

4.0.4 Course materials shall be provided to the Fire Department prior to the course start date. Materials shall be reviewed by Fire Department translator for accuracy and familiarization.

4.0.5 A Japanese language translator shall be provided by the contractor for didactic instructions, evaluations, and practical (hands-on) portions of the course. It is the responsibility of the contractor to ensure the translator selected has the language skills to convey the material in an accurate manner.

4.0.6 Training and instruction must provide the student qualifications to Driver Operator Aerial level and meet the job performance requirements for truck company operations. The course shall meet the job performance requirements established in each appropriate NFPA standard named above in paragraphs

1.2.4 through 1.2.6.

4.0.7 Clean up: The Contractor shall at all times keep the work and storage areas free from accumulations of waste materials. Once the work is complete the Contractor shall remove any rubbish, tools, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly and satisfactorily condition..

5.0 Delivery or Deliverables: Any and all materials needed to conduct any phase of this PWS are the contractors responsibility, and shall be delivered through MCAS Iwakuni Distribution Management Office (DMO): Attn: Fire & Emergency Services, REF: Contract #, Bldg. 1710 M/F: M02209, MCAS Iwakuni, Iwakuni JP 740-0025, Japan.

5.1 Meetings and Status Reports. Contractor to provide written student performance reports and certification/qualification certificates to Designated Representatives for each course provided upon completion of performance/instruction.

6.0 Applicable Documents/Governing References. In addition requirements of regulations and policies applicable to this contract/order by virtue of clauses contained herein, the contractor shall, in the performance of this contract/order, also comply with all references applicable to the specific tasks of this Performance Work Statement, as listed below, including any amendments or subsequent issuance.

Reference Location

NFPA 1001: Standard on Fire Apparatus Driver/Operator Professional Qualifications

Online or upon request.

NFPA 1002: Standard for Fire Fighter Professional Qualifications Online or upon request.

Marine Corps Order 11000.11A Online or upon request.

7.0 Government Furnished Facilities, Equipment, Services and/or Information.

7.0.1 Fire & Emergency Services may provide audio visual equipment required to deliver lecture portions of training.

7.0.2 Fire & Emergency Services may provide training areas, vehicles, and equipment required to complete performance of training activities.

8.0 Special Instructions and Administrative Information.

8.1 Non-Personal Services. This is a non-personal services, performance-based contract. The contractor bears responsibility to manage its employees and guard against any actions that could be characterized as personal services as defined in FAR 37.104, or which convey the perception that personal services are being delivered. No provisions are implied nor provided in this contract for any benefits such as medical care, retirement, or worker’s compensation, other than those incorporated through enumerated clauses.

8.2 Identification of Contractor Personnel and Equipment. In accordance with DFARS 211.106, contractor personnel performing non-personal services on DoD installations or other government facilities shall ensure that they are readily identifiable as contractor employees (including subcontractors and consultants). All contractor employees shall comply with the following at all times:

8.3 Designated Third Country Nationals (DTCN). Persons from certain countries are considered DTCN and are generally restricted from entering MCAS Iwakuni. A listing of DTCN countries and other related information regarding this policy can be found in USFJ Instruction 31-204 (Designated Third Country Nationals), which can be made available upon request.

8.4 Exemption from Japanese Taxes. Pursuant to the U.S. – Japan Status of Forces Agreement and the Joint Committee, the governments of the United States and Japan have agreed that the procurement in Japan of materials, supplies, equipment and services for official purposes may be except from certain Japanese taxes. When incorporated, paragraph c. of the clause FAR 52.229-6, “TAXES – FOREIGN FIXED PRICE CONTRACTS” and/or DFARS 225.229-7001 ‘TAX RELIEF’ stipulate that contract/order pricing shall not include the Consumption Tax. Submission of, and/or incorporation into the contract of, your offer, certifies that pricing does not contain any cost related to the Consumption Tax. Questions concerning this matter should be directed to your local Japanese Tax Office.

8.5 Subcontract Management. The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Procuring Contracting Officer (PCO) or Contracting Officer Representative (COR). Cross teaming may or may not be permitted.

8.6 Hazardous Materials and Safety. The Contractor and its subcontractors shall comply with all applicable laws, including Public Law 91-596 (Occupational Safety and Health Administration (OSHA)) and DOD Directive 4715.1E, Environmental, Safety, and Occupational Health (ESOH)). Contractor personnel performing services on a DOD installation shall participate in local Voluntary Protection Programs (VPP).

Information on the VPP is available at http://www.osha.gov/dcsp/vpp/index.html.

8.6.1 Personnel Access/Credentialing. Access to local installations is inherently required to accomplish specified tasks under this contract/order. The contractor shall therefore ensure all necessary actions are taken to obtain such access by its personnel in time to affect access in accordance with the requirements of the PWS and POP. Failure to complete such actions in a timely manner, some of which may occur prior to the POP or individual mobilization/relocation to the place of performance, shall not constitute excusable delay. Upon request, the Contracting Officer will provide a ‘check-in’ sheet that summarizes required actions.

http://www.osha.gov/dcsp/vpp/index.html

8.6.1.1 Common Access Cards (CAC). Provided the clause 52.204-9 is incorporated, personnel performing on this contract/order may require a CAC. Pursuant to FAR 52.204-9, the CAC is DoD’s Personal Identity Verification (PIV) system; DoD procedures for CAC issuance are applicable and incorporated herein, as governed by DODI/M series 1000.13, DODI 5200.46, and other regulations. All personnel to be issued CAC must meet eligibility and suitability criteria as specified in the references; accordingly, the vetting procedures and required personnel actions may often begin well before the contract/order POP. The contractor and its employees and/or subcontractors are responsible for ensuring timely action and suitability to obtain CACs, and any resultant access issues from non-compliance shall not constitute excusable delay.

8.6.1.2 Base Passes and/or Defense Biometrics Identification System (DBIDS) cards. Personnel that do not qualify for CAC require an alternate credential for installation access, as governed by Marine Corps Installations Pacific Order 5512.2, which can be provided upon request. The process to request access requires approval from the Contracting Officer in an access request letter.

8.6.1.3 Return and/or Disposal of Access Credentials. The contractor’s employees shall return to the applicable issuing office all base passes, DBIDS cards, and/or CAC, immediately upon termination of employment or completion of this contract and certification of receipt shall be obtained and submitted to the Contracting Officer. The Contractor shall submit a listing of employees terminated under this contract to the Contracting Officer within seven (7) days of the effective date of termination.

8.6.1.4 Status of Forces Agreement. Possession of a CAC or other credential does not, alone, determine the legal status of personnel performing under this contract. Additionally, unless specifically identified on the CAC, the credential does not necessarily authorize logistical support privileges such as commissary/exchange access. The individual status of personnel performing under this contract, and the privileges authorized, are governed in accordance with United States Force Japan Instructions (predominantly USFJI 64-100), applicable credentialing regulations, and the information prescribed via DFARS clauses regarding Contractor Personnel in Japan, as contained herein.

8.7 Privacy Act. Pursuant to FAR clause 52.224-3, as incorporated, DoD requires agency-specific Privacy Act training as prescribed in DODM 5400.11-R. DODM 5400.11-R also prescribes required actions regarding information and privacy, which are applicable to the contractor and its personnel performing under this contract/order. The regulation may subject the contractor and/or contractor's personnel to criminal liability under Title 18, Section 793 and 7908 of the United States Code.

8.8 Classified Information. Any classified work products shall be handled in accordance with DoD Instruction 5220.22-M. The contractor’s procedures for protecting against unauthorized disclosure of information will not require DoD employees or members of the Armed Forces to relinquish control of their work product, whether classified or not, to the contractor. The contractor may also have access to, and be required to safeguard, For Official Use Only (FOUO), sensitive, confidential, and/or classified information and material.

8.9 Key Control. The Contractor shall establish and implement methods of ensuring that all keys issued to the Contractor by the government are not lost or misplaced, and are not used by unauthorized persons. The Contractor shall report lost keys to the COR. The Contractor shall not duplicate any keys. It is also the responsibility of the Contractor to prohibit the opening of locked areas by the Contractor’s employees to permit entrance of persons other than Contractor’s employees engaged in the performance of assigned work in those areas. In the event keys are lost or unauthorized duplication occurs through the fault of a Contractor employee, The Government may, at its option, require the Contractor to replace keys, reimburse the government for replacement of locks, or re-key as a result of Contractor losing keys. In the event a master key is lost or duplicated, the Contractor shall replace all locks and keys for that system and the total cost will be deducted from the monthly payment.

8.10 Travel. Travel costs are NOT reimbursable unless specifically provided for in this contract through an enumerated cost reimbursable Contract Line Item Number (CLIN) entitled Travel.

8.10.1 Travel Pre-Authorization. All travel shall be pre-approved, in writing, by the Contract Officer or COR. The request shall include total cost, and itemized airfare, rental vehicle, per diem, mileage, parking, fuel and toll charges. Travel requests will include the purpose of the trip and why Video Tele-Conference (VTC) or phone conversations would not meet the business requirement. Costs for travel shall be billed in accordance with the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs

8.10.2 Authorized Travel. Authorized travel costs will only be reimbursed for:

• Contractor employees who otherwise perform direct day-to-day services at the designated place of performance under the requirements of this order/contract,

• Who have a need to travel to fulfill the performance of those duties, and

• Upon the direct request and written pre-approval of the Contracting Officer (KO) or appointed

Contracting Officer Representative (COR)

8.10.3 Unauthorized Travel. Travel costs are explicitly not-reimbursable for the following:

• Relocation or initial mobilization costs, or any other travel not pre-approved by the KO or COR,

• Contractor personnel who indirectly support this order/contract (such as visiting management or supervisory personnel not otherwise providing on-site day-to-day support),

8.10.4 RFIs shall also account for daily rates of paragraph 8.12.1 in the event Restriction of Movement (ROM) is incurred due to COVID-19 travel restrictions and/or precautions.

8.10.5 Foreign Travel

8.10.5.1 Compliance with DoD Foreign Clearance Guide (FCG). Personnel performing under this contract who may be required to travel to other countries during performance, shall comply with all FCG prescriptions for each country to be visited. Access to the FCG can be found here: https://www.fcg.pentagon.mil/fcg.cfm.

Contractors unable to access the site, or otherwise requiring assistance, shall contact the contracting officer, or appointed Contracting Officer Representative (COR) for assistance.

8.10.5.2 Compliance with U.S. Indo-Pacific Command (INDOPACOM) and other directives. Contractor personnel traveling within the INDOPACOM Area of Responsibility (AOR) are subject to, and shall comply with, INDOPACOM directives related to such travel. Additionally, contractor personnel traveling in support of exercises, or other specified events and activities, shall comply with applicable travel instructions published for the designated area or event, as issued by General Order, Planning Conference Memorandum, Exercise Directive, Initiating Directive, or other similar correspondence.

8.10.5.3 Personnel with security clearance are subject to additional requirements and shall consult with the supported command G-2 when contemplating and/or completing foreign travel.

8.10.6 Allowable Costs

8.10.6.1 All travel shall be conducted in accordance with Federal Travel Regulations (FTR) and/or U.S. Department of State Standardized Regulations (DSSR).

8.10.6.2 Reimbursement is strictly limited to only those direct costs authorized in FAR 31.205-46. Overhead and/or G&A expenses are not allowable.

8.10.6.3 As indicated in FAR 31.205-46(a)(3)(iv), 31.205-46(a)(7), and 31.250-46(b), all costs must be supported by appropriate documentation and receipts provided to the KO/COR.

https://www.fcg.pentagon.mil/fcg.cfm

8.11 Services Contract Reporting (SCR). The contractor shall report required SCR data fields using the SCR section of the System for Award Management (SAM) at following web address: https://sam.gov/SAM.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://sam.gov/SAM.

8.12 Other Provisions:

8.12.1 It is the responsibility of the contractor to provide necessary protective equipment to insure the safety of their employees and those subcontracted, to include but not limited to; firefighter turnouts, hearing protection, eye protection, helmets and gloves.

8.12.2 It is the responsibility of the contractor and those subcontracted to complete the necessary base access requests prior to the agreed upon start date. Therefore; within three (3) days after notification of award;

the contractor shall submit a roster and request gate access packages (if needed). Contracting will provide access packages with most recent processes. All completed paperwork shall be returned to the proper authority within three (3) days for submittal to PMO Pass & ID for access passes.

End Performance Work Statement

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

TRUCK COMPANY OPERATIONS ACADEMY

FFP

Please view PWS- Truck Company Operations Academy

The Contractor shall provide the Fire Truck Company Operations Training & Certification in accordance with the Performance Work Statement (PWS).

FOB: Destination

MILSTRIP: M022092123418

PURCHASE REQUEST NUMBER: M022092123418

PSC CD: U010

NET AMT

https://sam.gov/SAM https://sam.gov/SAM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 19-SEP-2022 TO

30-SEP-2022

N/A FIRE & EMERGENCY SERVICES

CHIEF JAMES WELCH

BLDG# 6119

PSC 561 BOX 1876

FPO AP 96310-0019

011-81-827-94-1136 FOB: Destination

M02209

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 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 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 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

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

NOV 2021

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

MAY 2022

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-50 Alt I Combating Trafficking in Persons (NOV 2021) Alternate I MAR 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD

Officials 252.204-7000 Disclosure Of Information 252.204-7003 Control Of Government Personnel Work Product 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2021

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 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 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter/offeror

(Contractor) whose quote/offer conforming to the solicitation will be most advantageous to the Government.

(a)(1) The basis for award is PRICE AND OTHER FACTORS per FAR 13.106-1(a)(2).

(a)(2) Evaluation procedures per FAR 13.106-2(b)

All quotations or offers will be ranked in order of lowest price to highest price. The lowest-priced quote shall be evaluated first. If the lowest-priced quote/quoter; (i) conforms to all matters with respect to the solicitation; (ii) has satisfactory past performance and; (iii) provides a fair and reasonable price: then no other quotes/quoters will be evaluated for award.

(i) Conforming to all matters with respect to the solicitation:

Quotes/Quoters must clearly demonstrate the quoted items meet or exceed the salient characteristics or extended description of supplies/services; must address each general and performance requirement with respect to the Performance Work Statement; must specify delivery dates; and must meet all the terms and conditions of the solicitation.

(ii) Past Performance:

The apparent successful, prospective contractor shall have satisfactory past performance. Past Performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii) and DFARS 213.106- 2(b)(i). Contractors with a rating in the bottom 5% will be deemed “Unacceptable”. Contractors without a record of relevant past performance history may not be evaluated favorably or unfavorably for its past performance history. Contractors are encouraged to submit letters of recommendation from other U.S. contracts.

(iii) Price:

Before making the award, the Contracting Officer will use FAR 13.106-3(a) to determine that the apparent successful, prospective contractor proposed price is fair and reasonable.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2018-

O0021) (MAY 2022)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https;//www.aquisition.gov/

(End of provision)

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.aquisition.gov/

252.225-7043 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 information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from CMC Code POS-10; Telephone, DSN 224-4177 or commercial (703) 614-4177.

252.225-7976 CONTRACTOR PERSONNEL PERFORMING IN JAPAN (DEVIATION 2018-O0019)(AUG 2018)

(a) Definitions. As used in this clause—

“Commander” means the Commander of the United States Forces Japan (USFJ).

“Dependent” means spouse, and children under 21; and parents, and children over 21, if dependent for over half their support upon a member of the United States Armed Forces or civilian component.

“Law of war” means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses the international law related to the conduct of hostilities that is binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.

“SOFA Article I(b) status” means a designation by the Commander of contractor personnel as Members of the Civilian Component under Article I(b) of the Status of Forces Agreement (SOFA), in accordance with agreement by the Joint Committee. To receive such a designation, an individual must—

(1) Be a United States national;

(2) Not be ordinarily resident in Japan (or if ordinarily resident, complete the procedures set forth in USFJ Instruction 36-2611 (Change of Status by Persons in Japan to One of the Categories Authorized by the Status of Forces Agreement, available at http://www.usfj.mil/Portals/80/Documents/Instructions/36-2611%20(USFJI).pdf

(3) Be present in Japan at the official invitation of the United States Government and solely for official purposes in connection with the United States Armed Forces;

(4) Not have SOFA Article XIV status; and

(5) Be essential to the mission of the United States Armed Forces and has a high degree of skill or knowledge for the accomplishment of mission requirements by fulfilling the following:

(i) Has acquired the skill and knowledge through a process of higher education or specialized training and experience; or

(ii) Possesses a security clearance recognized by the United States to perform his or her duties; or

(iii) Possesses a license or certification issued by a U.S. Federal department or agency, U.S. state, U.S. Territory, or the District of Columbia to perform his or her duties; or

(iv) Be identified by the United States Armed Forces as necessary in an emergent situation and will remain in Japan for less than 91 days to fulfill specialized duties; or http://www.usfj.mil/Portals/80/Documents/Instructions/36-2611%20(USFJI).pdf

(v) Is an employee of a military banking facility; or

(vi) Is specifically authorized by the Joint Committee.

“SOFA Article XIV status” means designation by the Commander to persons, including corporations organized under the laws of the United States and its personnel, that are ordinarily resident in the United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States Armed Forces. Such designations are made in extremely limited circumstances and only after consultation with the Government of Japan. Article XIV designations are restricted to cases where open competitive bidding is not practicable due to—

(1) Security considerations;

(2) The technical qualification of the contractors involved;

(3) The unavailability of materials or services required by United States standards; and

(4) Limitations of United States law.

“SOFA-covered contractor personnel” means contractor personnel who have been designated as having SOFA Article I(b) status or SOFA Article XIV status, which is documented on a Letter of Authorization (LOA) signed by the Contracting Officer.

“SOFA status” means either SOFA Article I(b) status or SOFA Article XIV status or a dependent under Article I(c).

“Status of Forces Agreement” means the “Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America, Regarding Facilities and Areas and the Status of United States Armed Forces in Japan,” dated January 19, 1960, and all supplementary agreements to the SOFA, including the agreement signed on January 16, 2017.

“United States national” means a citizen of the United States, or a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

(b) General.

(1) This clause applies to SOFA-covered contractor personnel when performing in Japan. The requirements of paragraph (c)(2) and (e)(1) of this clause must be specified in the statement of work to be applied to non-SOFA-covered contractor personnel.

(2) The Contractor shall comply with the instructions of the Contracting Officer concerning the entry of its personnel, equipment, and supplies into Japan, applicable Japanese laws and regulations, and USFJ and USFJ-component policies and instructions during the performance of this contract. Specifically, the Contractor shall comply with—

(i) USFJ Instruction 64-100, Contract Performance in Japan;

(ii) USFJ Instruction 36-2811, Indoctrination Training Programs;

(iii) USFJ Instruction 36-2611, Change of Status by Persons in Japan to One of the Categories Authorized by the Status of Forces Agreement; and

(iv) USFJ Instruction 64-102, United States Official Contractors and Their Employees, as applicable to contractors and contractor personnel with SOFA Article XIV status.

(3) Application for status under the SOFA shall be in accordance with USFJ Instruction 64-100 and, in specific and limited circumstances, USFJ Instruction 64-102.

(i) The Contracting Officer, through consultation with their legal counsel and the USFJ/J06 office, makes the determination of status under SOFA Article I(b) for contractor personnel.

(ii) If the Contracting Officer makes a request for status as a United States Official Contractor under Article XIV, USFJ Headquarters (HQ USFJ) shall make the final determination on the Contractor’s SOFA status upon consultation with the government of Japan.

(iii) The Contractor shall request a determination of status under the SOFA for its eligible personnel through the Synchronized Predeployment and Operational Tracker (SPOT) system (see paragraph (f) of this clause). The Contracting Officer will approve a LOA generated in SPOT (see paragraph (c)(2) of this clause) indicating the SOFA status of the contractor personnel only after verifying that eligibility criteria described in USFJ Instruction 64-100 are met.

(iv) Contractor personnel dependent information is also required to be entered into SPOT as part of the employee record.

(4) The importation and personal possession of firearms, swords, and other weapons is highly restricted and controlled in Japan. Contractor personnel considering bringing personal firearms, swords, or other weapons into Japan must comply with USFJ Instruction 31-207, “Firearms and Other Weapons in Japan” available from USFJ/J023 at pacom.yokota.usfj.mbx.j023@mail.mil. The importation and possession of firearms and weapons to perform services under a contract will be addressed separately in the contract.

(5) Offenses committed by the Contractor or contractor personnel may be subject to United States or host nation prosecution and/or civil liability (see paragraph (d) of this clause). Japan authorities have the right to exercise jurisdiction over SOFA-covered contractor personnel, including dependents, in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the United States.

(c) Support.

(1) Security plan. The Commander will develop a security plan that identifies contingency procedures and potential evacuation of nonessential SOFA-covered contractor personnel.

(2) Letter of authorization. A SPOT-generated LOA signed by the Contracting Officer is required for SOFA-covered contractor personnel travel to, from, or within Japan.

(i) The LOA will identify any additional authorizations, privileges, or Government support that contractor personnel are entitled to under this contract. USFJ has limited capability to provide Government-furnished routine medical services to contractors in Japan. In instances where Government-furnished routine medical services are neither available nor authorized in the contract, the SPOT-generated LOA shall be annotated with “None” checked for Government-furnished routine medical services.

(ii) Contractor personnel shall present a valid LOA to Japanese immigration officials upon entry into and exit from Japan to receive government of Japan…