FA520510R0007__SF1442.pdf

See Schedule

Additional Information to Offerors:

1. Description of Work/Estimated Cost: This is Roads/Pavements Indif inite-Delivery/Indefinite-Quantity (IDIQ) Contract, Misaw a Air Base, Japan. Refer to Section B for "Project Description", Section L, Para. L-123H for "Disclosure of the Magnitude of Construction Projects".

2. Preproposal conference/job site visit w ill be held on 14 Jul 10 at 1300 hours in the 35th Contracting Squadron conference room. See

AFFARS 5352.215-9001, "Notice of Pre-Bid/Pre-Proposal Conference", and FAR 52.236-27, "Site Visit (Construction)-Alternate I", for more detail information.

3. Penal amount of performance bond: Refer to Section H, para. H-902, "Performance Bond", and Section I, FAR 52.228-15, "Performance and Payment Bonds-Construction".

"This acquisition is unrestricted; how ever, this solicitation includes clauses authorized for the purpose of construction effort in Japan: FAR

52.236-7 (modif ied IAW AFFARS 5336.507, to read "Government of Japan") and DFARS 252.225-7042, under w hich offerors are required to be the f irms that have been registered and hold construction contractor license under the law of Japan".

SEN SAKAMOTO DSN 226-3498

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

07-Jul-2010

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________06 Aug 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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, X is not required.

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

35 CONS/LGC (JAPAN)

DODAAC: FA5205

BLDG. 656, MISAWA AIR BASE

MISAWA-SHI, AOMORI-KEN 033-0012

FA5205

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

FA5205-10-R-0007 45

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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 NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA5205-10-R-0007

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES EST. QUANTITY UNIT ESTIMATED AMOUNT

0001 1 Lump

Sum

Roads/Pavements, Basic Yr

FP

Basic Year (one year from the date of contract award, see para. F-901(a)).

Provide all work in accordance with the plans and specifications provided under this Roads/Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. The total amount of individual task order must be calculated by adding extended amounts of each sub line items included in the individual task order. Sub Exhibit Line Items

(hereinafter called "Sub ELIN" or "Sub ELINs") to be used under this Contract

Line Item (CLIN) are as listed in Exhibit A of Section J. See "Project

Description" herein for the details of IDIQ contract intended.

FOB: Destination

ESTIMATED

AMOUNT

See Exhibit A

1001 1 Lump

OPTION Roads/Pavements, Option Yr I

Option Year One (for a period of one year subsequent to Basic Year completion, see para. F-901(a)).

Provide all work in accordance with the plans and specifications provided under this Roads/Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. The total amount of individual task order must be calculated by adding extended amounts of each sub line items included in the individual task order. Sub ELINs to be used under this

CLIN are as listed in Exhibit B of Section J. See "Project Description" herein for the details of IDIQ contract intended.

See Exhibit B

2001 1 Lump

OPTION Roads/Pavements, Option Yr II

Option Year Two (for a period of one year subsequent to Option Year One completion, see para. F-901(a)).

Provide all work in accordance with the plans and specifications provided under this Roads/Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. The total amount of individual task order must be calculated by adding extended amounts of each sub line items included in the individual task order. Sub ELINs to be used under this

CLIN are as listed in Exhibit C of Section J. See "Project Description" herein for the details of IDIQ contract intended.

See Exhibit C

Estimated Aggregate Amount of Basic Year, Option Year One, and Option Year Two: ¥

PROJECT DESCRIPTION

1. This is a Fixed-Price (FP), Indefinite-Delivery/Indefinite-Quantity (IDIQ) type contract wherein work will be accomplished through issuance of task order(s) on DD Form 1155 (DD1155) for which the contractor shall provide supervision, labor, equipment, and materials necessary to complete the work required, all in accordance with the specifications and drawings provided under this Roads/Pavements IDIQ Contract, Misawa AB, Japan and the scope of work called for by individual task order. The scope of this contract will encompass repair, maintenance, or construction of roads, parking lots and/or other pavements, and their incidental item(s), such as, but not limited to, survey and test, curb/gutter, guardrail, U-ditch, drainage pipe, fence, street/area lighting, traffic signs, and road painting on Misawa Air Base including its remote area, and any other US Government facilities located within a radius of 150Km from Misawa AB; with the exception of the airfield of Misawa AB and the Hachinohe Fuel Port which will not be included in this contract. The contract will be effective for one-year basic period, with two one-year options that may be exercised at the discretion of the Government, with a guaranteed minimum amount of

*$5,000.00 for the entire life of the contract. Quantities of each Sub ELIN listed in Exhibit A thru C are the

Government’s estimated quantity per year (estimate only), not a maximum limit of the contract. The maximum limit of the contract is *$25,000,000.00 for the entire life of the contract. Within this maximum limit, the Government reserves the right to increase the estimated quantities of respective contract year, as necessary. However, the contractor is reminded that the Government will not be committed to place task order(s) up to the maximum limit of the contract during the life of the contract.

2. Minor Construction (MC) work is subject to Statutory Cost Limitation (SCL) of *$750,000.00 IAW Section L, DFARS 252.236-7006, Cost Limitation. Amount of MC work, if included in the task order, shall not exceed the said

SCL.

(*Note. If the dollar amount is preceded by an asterisk "*", it indicates that "or equivalent Yen amount converted by use of respective fiscal years' Foreign Currency Fluctuation Defense (FCFD) budget rate for Japanese Yen". Under this solicitation, FY10 FCFD budget rate of ¥108.9969 to $1.00 is applicable for a period of 1 Oct 09 thru 30 Sep

10. Under the resultant contract, a formal FCFD budget rate will be announced to the contractor in the beginning of respective fiscal year.)

NOTE TO OFFERORS FOR FILLING PROPOSAL PRICES

1. Amount of CLINs 0001, 1001, and 2001 in Section B shall be in agreement with the total amount of Exhibit A, B, and C of Section J, respectively. Together with the written proposal, offerors shall submit an electronic file of MS

Excel spreadsheet for completed Exhibit A thru C. Use the following format when assigning the file name:

(Identifiable Offeror’s Name)_10R0007_ExhibitA-C.xls

2. Each unit price to fill in Sub ELINs in the Exhibit A thru C must include its proportionate share of overhead and profit. All extended prices of the unit prices shown are subject to verification by the Government. In case of variation between the unit price and the extended amount, the unit price will be considered to be the offer unless correction of apparent calculation error is permitted in writing by the Contracting Officer.

CLAUSES INCORPORATED BY FULL TEXT

B-1. CLAUSES AND PROVISIONS

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

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

(c) Section K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

Section C - Descriptions and Specifications

C-1. SPECIFICATIONS, STANDARDS AND DRAWINGS

(IAW FAR 11.201)

The contractor shall furnish the services and supplies set forth in Section B in accordance with the specifications, drawings, and other exhibits and attachments listed in Section J, as applicable.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

E-34. INSPECTION AND ACCEPTANCE

(IAW FAR 46.401(b) and 46.503)

Inspection and acceptance will be at the destination(s) specified in F-13, ―Place of Performance‖ hereof.

Section F - Deliveries or Performance

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of ¥24,371 + ¥13,239 for the first calendar day of delay and

¥13,239 for each additional calendar day of delay and thereafter (these amounts specified for liquidated damages are applicable to each task order issued under this contract) for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

F-13. PLACE OF PERFORMANCE

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

Misawa Air Base, Japan including its remote area, and any other US Government facilities located within a radius of 150 km from Misawa AB, with the exception of the airfield of Misawa AB and the Hachinohe Fuel

Port which will not be included in this contract.

F-901. CONTRACT PERIOD/PERFORMANCE PERIOD

(a) Contract Period. Contract period will be one year from the date of contract award, with two (2) one-year options which may be exercised at the discretion of the Government. At the time of contract award, specific dates are to be indicated below:

(i) Basic Year, from __________ to ___________.

(ii) Option Year One, from _________to _________.

(iii) Option Year Two, from_________ to _________.

Under this contract, the ordering period stipulated in the contract clause at FAR 52.216-18, Ordering is identical with the contract period above. During such period, the work required will be ordered to the contractor by issuing a

Task Order IAW FAR 52.216-18.

(b) Performance Period. When a Task Order is issued, the performance period of the work required will be specified in the Task Order. For commencement of the work called for by the Task Order, the Government will issue a Notice to Proceed (NTP) to the contractor within a *period specified in the task order (*30 calendar days

(CD) after the award date of Task Order, unless a period longer than 30 CD is specified). Upon receipt of the NTP, the contractor shall commence the work called for by the task order within the period specified in the NTP and complete the work within the performance period set forth in the task order; provided that -

(i) Performance period of the task order may be adjusted contingent upon results of Quantity Survey in accordance with para. H-908(a) (also see para. H-908(b) for special requirements as to fiscal year-end Task Order);

and

(ii) The Government may specify a specific work start-up date as well as the completion date in the Task Order without issuing the NTP above, if and when the work is urgently required and/or the award amount of Task Order is less than $100,000.00 (or equivalent Japanese Yen) with a short-period performance less than 60 CD.

F-904. LIMITATION IN EXTERIOR WORK DURING WINTER PERIOD

The period from 15 December through 15 March in the following year is defined as the winter period. Exterior work such as excavation, backfill, concrete placement, paint, etc., shall not be performed in the winter period unless otherwise approved by the Contracting Officer. Perform such exterior work during the winter period only in compliance with applicable sections of the specifications, Attachment 1 and drawings, Attachment 2, Section J under strict temperature control with curing and/or heating appliance as necessary. If the weather violates the conditions outlined in the specifications, then the contractor shall submit the exterior work request together with work and temperature control plans to the Contracting Officer for approval. The exterior work does not include on-site preparation or survey work. This limitation in exterior work during winter period is applicable to each task order issued under the contract (also see para. H-908(b) for Quantity Survey special requirements).

Section G - Contract Administration Data

G-1.

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

(b) Guaranteed minimum amount. Upon award of the contract, task order for obligation record of guaranteed minimum amount of $5,000.00/¥544,985 will be placed to the contractor. The task order for obligation record will be retained by the Government until a task order for the construction work fulfilling the guaranteed minimum amount is placed. Accounting and appropriation data for the guaranteed minimum amount is listed below.

5703400 300 7454 3A4421 010000 52495 22178F 668800 FB5205 WO: A98520

G-900 GOVERNMENT PERSONNEL

The Contracting Officer will provide to the contractor, a listing of the names of the Administrative Contracting

Officer, Contract Administrator, Contracting Officer's Representative (COR), and Government Inspector(s), their organizational codes and telephone numbers at the time of award or at the pre-construction conference.

G-901. INVOICE/PAYMENT

Payment will be made by the office to be indicated in block 15 of DD Form 1155 of individual task order in accordance with FAR 52.232-5 and FAR 52.232-27, after receipt of the payment request by the billing office designated in block 7 of DD Form 1155.

G-902. SUMMARY FOR THE PAYMENT OFFICE

(To be cited when contract modification(s) are issued)

Modification No. Modification Amount Current Contract Price

G-903. TASK ORDER(S) ISSUING OFFICE

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

35th Contracting Squadron

Bldg. 656, Misawa Air Base, Misawa-shi, Aomori-ken, Japan 033-0012

Section H - Special Contract Requirements

H-900. CONCILIATION

(This clause is applicable to contracts which will be performed in Japan and or executed between the United States

Forces Japan, and a Japanese Contractor)

Except as otherwise provided in this contract any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States – Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of

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

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

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

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

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

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

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

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

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

H-901. REQUIRED INSURANCE

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

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

Property Damage – ¥2,000,000

(b) Prior to the commencement of work hereunder, the contractor shall furnish to the Contracting officer a certificate or written statement of the above required insurance. The contractor is required to notify the Contracting Officer immediately upon cancellation or of any material change in the policies adversely affecting the interests of the

Government.

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

H-902. PERFORMANCE BOND

(a) This is a Task Order based IDIQ contract under which the contractor is required to submit an executed performance bond on the basis of individual Task Order payable to the contractor. The Task Order of guaranteed minimum obligation record purpose stated in para. G-1(b), to be retained by the Government, is excluded from the requirement of performance bond.

(b) Upon receipt of individual Task Order issued by the ordering activity specified in para. G-903, the contractor shall furnish an executed performance bond to the Contracting Officer as follows:

(i) For Task Order exceeding award amount of $100,000.00 or equivalent Japanese Yen amount as indicated in the Task Order;

(ii) Within 30 CD from the receipt date of Task Order by the contractor, unless otherwise a period longer than

30 CD is specified in the Task Order; and

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

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

Contracting Officer for his/her determination.

(c) Additional performance bond shall be required when the Task Oder award amount is increased by more than

$10,000.00 or equivalent Japanese Yen amount as indicated in the Task Order modification. The contractor shall furnish an executed additional performance bond to the Contracting Officer, in a penal sum equal to the increase, within the period specified in the Task Order modification or the Contracting Officer's letter otherwise issued.

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

Price Construction)".

H-908. QUANTITY SURVEY AND TASK ORDER(S)

(a) After receipt of a NTP to the task order, the contractor shall perform site survey and test under Sub ELINs

A001AA thru AG, B001AA thru AG, or C001AA thru AG as called for by the task order for verification of the work items and the quantities, and submit a survey result report to the Contracting Officer within the number of calendar days or by the date specified in the task order or the NTP. Such survey result report will be jointly examined by the

Government and the contractor. If the survey result report is acceptable to the Government with no change, without discussions, the survey result report will be incorporated into the task order for adjustment of work items and quantities and/or performance period (ref. F-901 (b)) by issuing a unilateral modification. In the case that discussions are taken place, a bilateral modification will be issued for adjustment as agreed by the both parties.

(b) Quantity Survey for FY End Task Order. In the event that award of task order occurs during the month of

September and the performance for such task order will start in the subsequent month of October by crossing the

U.S. fiscal year (1 Oct thru 30 Sep of the following year), the contractor shall submit the quantity survey result report and material submittals except for those required at or after the construction stage, to the Contracting Officer by 15 December of that year. Subject to the Government’s approval of those report and submittals, the Government requires the contractor to submit a proof of material ordering or agreement/contract with the supplier(s) by 31

December of that year. After the winter period (15 Dec thru 15 Mar of the following year, refer to para. F-904), the contractor shall verify on-site conditions if any damage incurs per severe weather during the winter period. In case such damage requires changes in the reported work items and quantities and/or performance period, the contractor shall incorporate those changes into the quantity survey result report for finalizing, and submit to the Contracting

Officer by 30 Apr of that year.

(c) See paragraphs F-901 and F-904 for performance period and completion date.

H-909. APPLICABILITY OF THE DEFENSE BASE ACT

This contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act)(Apr 1984), and FAR

52.228-4, Worker’s Compensation and War-Hazard Insurance Overseas (Apr 1984). FAR 52.228-3 applies to (1) all employees who are United States citizens and (2) all employees hired from within the United States and its territories, regardless of their nationality. FAR 52.228-4 applies to all other employees not previously specified

Section I - Contract Clauses

52.202-1 Definitions JUL 2004

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures JUL 1995

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000

52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

SEP 2006

52.215-2 Audit and Records--Negotiation MAR 2009

52.222-50 Combating Trafficking in Persons FEB 2009

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.228-2 Additional Bond Security OCT 1997

52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984

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 Pledges Of Assets SEP 2009

52.228-14 Irrevocable Letter of Credit DEC 1999

52.228-15 Performance and Payment Bonds--Construction NOV 2006

52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003

52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002

52.232-17 Interest OCT 2008

52.232-27 Prompt Payment for Construction Contracts OCT 2008

52.233-1 Disputes JUL 2002

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 Accident Prevention NOV 1991

52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I 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 Quantity Surveys APR 1984

52.236-16 Alt I Quantity Surveys (Apr 1984) - Alternate I APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

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 Items JUN 2010

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction SEP 2006

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (May 2004) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.204-7003 Control Of Government Personnel Work Product APR 1992

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 Terrorist Country

DEC 2006

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7041 Correspondence in English JUN 1997

252.227-7032 Rights In Technical Data And Computer Software (Foreign) JUN 1975

252.227-7033 Rights in Shop Drawings APR 1966

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.233-7001 Choice of Law (Overseas) JUN 1997

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment MAR 1998

252.244-7000 Subcontracts for Commercial Items and Commercial

Components (DoD Contracts)

AUG 2009

252.247-7023 Transportation of Supplies by Sea MAY 2002

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information

System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by entering the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the

Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor's record in the system. Public requests for system information will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within see para. F-901(b) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the period or date set forth in each individual task order. The time stated for completion shall include final cleanup of the premises.

52.216-18 ORDERING. (OCT 1995)

(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 * see below through * see below.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

* Identical with the period specified in para. F-901(a).

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 $5,000 or equivalent Yen amount (see FCFD budget rate stated in Sec. B, Project Description), 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 the estimated amount of the highest Sub ELIN line total resulting from the contract award;

(2) Any order for a combination of items in excess of the total estimated amount for each contract year resulting from the contract award; 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 subparagraph (1) or (2) above.

(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) above.

(d) Notwithstanding paragraphs (b) and (c) above, 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.

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 each task order except as may otherwise be indicated in the task order.

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 contract.

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; 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 three

(3) years and six (6) months.

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(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 Identification No.

(If none, insert "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 subparagraph (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.

52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (NOV 2006), is modified to reflect the Contracting Officer’s waiver of requirement for payment bonds made in accordance with FAR 28.102-1(a)(1), as follows.

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.

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN CENTRAL CONTRACTOR

REGISTRATION (MAY 1999)

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

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

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

(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT

(but see paragraph (d) of this clause).

(b) Mandatory submission of Contractor's EFT information. (1) The Contractor is required to provide the

Government with the information required to make payment by EFT (see paragraph (j) of this clause). 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 fifteen (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).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this 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.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated

Clearing House (ACH) network, 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.

(d) Suspension of payment. (1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment 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.

(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT 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.

(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the

Government used the Contractor's EFT information incorrectly, the Government remains responsible for--

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

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

System, and--

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

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

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of 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.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this 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.

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

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for 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.

(j) EFT information. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this 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.

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

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

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

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

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

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

(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing

Transit Number of the…