RFP_FA5205-10-R-0008_SF1442.pdf

See Schedule

Additional Information to Offerors:

1. Description of Work/Estimated Cost: This is a Indif inite-Delivery/Indefinite-Quantity (IDIQ) Design-Build Multiple Aw ard Construction Contract

(MACC), Misaw a Air Base, Japan. Refer to Section B for "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 12 Aug 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 8, "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".

SATOSHI NOGAWA DSN:226-3496/COM: 0176-57-2715

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

04-Aug-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 mandatory, X 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 ______________03 Sep 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 _______180 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-0008 5049

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-0008

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

MACC, Basic Year

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

Multiple Award Construction Contract (MACC) is a multiple award competitive construction acquisition including design-build capability, based on the general provisions, Attachment 1 and scope of work further defined with each individual task order. See "Description of Work" herein for the details of MACC intended.

FOB: Destination

SIGNAL CODE: A

OPTION MACC, Option Year One

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

See Item No. 0001 for item description.

OPTION MACC, Option Year Two

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

See Item No. 0001 for item description.

OPTION MACC, Option Year Three

Option Year Three Period (for a period of one year subsequent to Option Year

Two completion, see para. F-901(a))

See Item No. 0001 for item description.

OPTION MACC, Option Year Four

Option Year Four Period (for a period of one year subsequent to Option Year

Three completion, see para. F-901(a))

See Item No. 0001 for item description.

NOTE

Note: Price fill-in is not required in this section. Price proposal for MACC Seed Project shall be provided using the format in Attachment 4 based on the General Provisions, Attachment 1 and the Statement of Work, Attachment 3, and submitted along with Technical Proposal and Past Performance Information in accordance with para. L-100.

DESCRIPTION OF WORK

This is an Indefinite-Delivery/Indefinite-Quantity (IDIQ) MACC for execution of a broad range of maintenance, repair and minor construction including design-build wherein work will be accomplished through issuance of task order(s) on DD Form 1155. The MACC awardees (contractors) shall provide supervision, labor, equipment, and materials necessary to accomplish a wide variety of individual construction tasks encompassing design-build, renovation, additions/upgrades, along with specific work such as, but not limited to, HVAC (heating, ventilation, air conditioning), electrical, mechanical, architectural, and other major trades at the U.S. Government facilities in

Misawa AB, Japan, and its associated sites, all in accordance with the General Provisions provided under this contract and the statement of work, specifications, drawings and/or sketches called for by each individual task order.

The contract will include no pre-established fixed contract prices, and the work will be required in each individual task order on a firm-fixed price basis. The contract will be effective for one-year basic year, with four one-year options that may be exercised at the discretion of the Government, with a guaranteed minimum amount of

*$30,000.00 and maximum limit of *$90,000,000.00 for the entire life of the contract. The contractor is, however, 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.

(*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.)

STATUTORY LIMITATION

(a) Minor Construction (MC) work is subject to Statutory Cost Limitation (SCL) of *$750,000.00 or equivalent Yen amount (see FCFD budget rate stated in Description of Work above) IAW DFARS 252.236-7006, Cost Limitation, in Section L. Amount of MC work, if included in the task order, shall not exceed the said SCL.

(b) Preparation of designs, plans, drawings, and specifications is subject to Statutory Fee Limitation (SFL) of six (6) percent of the project’s estimated construction costs IAW DFARS 236.606-70, Statutory Fee Limitation, in Section

I. For design-build project, the design effort fee shall not exceed the said SFL in the task order.

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 General Provision listed in Section J, and statement of work, specifications and/or drawings called for by individual task order when issued. For the MACC Seed Project No. QKKA 10-1092, Repair Lightning Protection System, Bldg. 1495, Misawa

Air Base, Japan, refer to the Statement of Work, Attachment 3 listed in Section J.

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) of each project specified in individual task order.

Section F - Deliveries or Performance

52.211-13 Time Extensions SEP 2000

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

(a) If the Contractor fails to complete the work within the time specified in individual task order, the Contractor shall pay liquidated damages to the Government in the amount of ¥24,371 + ¥33,228 for the first calendar day of delay and ¥33,228 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, and its associated sites of Draughon Range in Amagamori Area, Hachinohe Fuel Port, and

Shariki Town, Aomori-prefecture, Japan

Within the locations above, the place of performance will be designated on individual task order(s).

F-901. CONTRACT PERIOD/PERFORMANCE PERIOD

(a) Contract Period. Contract period will be one year from the date of contract award, with four (4) 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:

(1) Basic Year, from __________ to ___________.

(2) Option Year One, from _________to _________.

(3) Option Year Two, from_________ to _________.

(4) Option Year Three, from _________to _________.

(5) Option Year Four, 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. Performance period of each project will be specified in individual task order when issued under this contract:

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

(2) Design-Build: The contractor shall commence the design work upon receipt of the task order, and complete each task within a schedule specified in the task order. For commencement of the construction work, the

Government will issue a NTP to the contractor within 30 CD after the Government acceptance of the final design, unless a period longer than 30 CD is otherwise specified in the task order.

Section G - Contract Administration Data

G-1. ACCOUNTING AND APPROPRIATION DATA

(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 the MACC Seed Project satisfying the guaranteed minimum or task orders for obligation record of guaranteed minimum amount will be placed to each contractors (see Sec. B, Work Description). Task orders for obligation record will be retained by the

Government until task orders for design-build or construction projects fulfilling the guaranteed minimum amount are placed. Accounting and appropriation data for the Seed Project and guaranteed minimum amount is listed below.

Seed project:

5703400 300 7454 3A4421 010000 52495 22178F 668800 FB5205 WO: A98564

Guaranteed minimum amount:

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

5703400 300 7454 3A4421 010000 52495 22178F 668800 FB5205 WO: A98531

5703400 300 7454 3A4421 010000 52495 22178F 668800 FB5205 WO: A98532

5703400 300 7454 3A4421 010000 52495 22178F 668800 FB5205 WO: A98533

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

SPECIAL CONTRACT REQUIREMENT

1. 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.

2. Partnering: Partnering is a structured process, as well as philosophy of doing business with contractors and the government, that recognizes common goals through communication and teamwork. It helps create an environment where trust and teamwork prevents disputes, fosters good working relationships to everyone’s benefit, and facilitates the completion of a successful contract. The contractor’s key personnel may be required to attend formal partnering meetings for the basic contract at the expense of the contractor. In addition, formal partnering may be required prior to and/or during performance of an individual task order, if determined necessary by the government. Partnering shall be held during normal work hours.

3. Notice of Constructive Changes: No order, statement of direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representatives of the government, shall constitute a change order under the ―Changes‖ clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

4. Task Order (TO) Issuance Procedures (Refer to MACC Task Order Flow Chart, Attachment 2 for overall flow of the TO issuance procedures.)

(a) Project Scope of Work. The projects may be non-complex performance oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof, for all aspects in general construction work. The projects may also require comprehensive interior design, lead and asbestos abatement and incorporation of sustainable features.

(b) TO Request for Proposal (RFP). TO RFP will be issued to each of the contractors by 35 CONS when the project is identified. The TO RFP may not have traditional plans and specifications but will include statement of work, list of work elements and/or sketches that define the project and state the government requirements. All attachments to TO RFP, if applicable, will be considered to be a part of the project scope of work. The joint site visit will be held by the government and the contractors as requested in the TO RFP, to discuss all conditions and details of the work. Refer to Part 3 Task Orders, Section 01 01 00, MACC

General Provisions, Attachment 1, Section J.

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

(1) Technical Proposal. Concept sketches or drawings for proposed methods, performance schedule of design and construction, proposed technical solutions, list of required work elements, management approach, key personnel and/or subcontractors, catalogs, and/or other material submittals.

(2) Price Proposal. The price proposal for the design fee and construction cost.

(3) Past Performance. Recent and relevant performance information. Definition of "recent" will be specified in the TO RFP for each project. For definitions of "relevant", refer to para. (c) of M-901, Basis For Award and Evaluation Factors in Section M.

The TO proposals shall be prepared at no cost to the government, and are not reimbursable by the government.

(d) TO Evaluation Criteria: Each TO will be awarded on a best value basis determined by either a Lowest Price

Technically Acceptable (LPTA) or Price Performance Tradeoff (PPT) process indicated below. The source selection method will be selected at the discretion of the government in consideration of the project scope, complexity, magnitude and urgency. A proposal exceeding the SCL or SFL (refer to Statutory Limitation, Section B), if specified in the TO RFP, may be rejected by the government IAW DFARS 252.236-7006, "Cost Limitation" or on the basis of DFARS 236.606-70, "Statutory Fee Limitation".

(1) LPTA.

Step 1 - Technical proposal will be evaluated, if submission is requested in the TO RFP, on a pass/fail basis for compliance with the TO RFP requirements. If the proposal is rated technically unacceptable, the offer will not be considered for award and no further evaluation will be made.

Step 2 – Price proposal of technically acceptable offers will be ranked by low price, then evaluated for price reasonableness. If technically acceptable lowest price proposal is evaluated to be reasonable, the offer will be considered representing the best value, and award shall be made to the offeror. If the lowest price proposal is considered unreasonable, the offer will not be considered for award then evaluation will be continued until reasonable price is found. The government intends to award a TO without discussions, however, reserves the right to conduct discussions if deemed in its best interest.

(2) PPT.

Step 1 – The same as LPTA Step 1 above.

Step 2 – Price proposal of technically acceptable offers will be ranked by low price, then evaluated for price reasonableness. If the proposal is evaluated to be unreasonable, the offer will not be considered for award and no further evaluation will be made. The government intends to award a TO without discussions, however, reserves the right to conduct discussions if deemed in its best interest.

Step 3 – Past performance of technically acceptable and price reasonable offer will be evaluated in order of low price, on a basis significantly more important than price considerations, assigning one of the performance confidence assessment ratings of Substantial Confidence, Satisfactory Confidence, Limited

Confidence, No Confidence, or Unknown Confidence, as defined in the rating table at the end of this subparagraph. If the lowest priced offeror’s past performance is rated overall "Substantial Confidence" by the government, the evaluation is completed as the lowest priced offer is representing the best value for award. If the rating is not "Substantial Confidence", then the government will evaluate next lowest offeror’s past performance until an offeror is rated overall "Substantial Confidence" or until all contractors are evaluated. At this point, the evaluation is complete and the Contracting Officer will proceed the best value assessment of the evaluated offers. The government may use the past performance record of the TOs under this MACC and/or other recent and relevant performance information submitted by the contractors or independently obtained by the government.

PERFORMANCE CONFIDENCE ASSESSMENT RATING TABLE

Rating Description

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

Satisfactory Confidence Based on the offeror’s performance record, the government has an expectation that the offeror will successfully perform the required effort.

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

No Confidence Based on the offeror’s performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence No performance record is identifiable or the offeror’s performance record is so sparse that no confidence assessment rating can be reasonably assigned.

5. Competition:

(a) All the contractors will be solicited for each project. The contractors are encouraged to participate in all site visits and submit all proposals. Repetitive failure by contractors to participate responsibly in site visits and proposal submissions may result in the government’s exclusion of the contractor from further competition under the contract, or not exercising the option to extend the contract of any such contractor. However, when the government solicits offers for projects for which funds are not certified nor readily available

(generally during the last quarter of the fiscal year), submission of proposals for those projects is at the sole discretion of the respective contractors and their declination to participate in any or all such solicitations will not negatively reflect them.

(b) Unless the Contracting Officer applies the exceptions per FAR 16.505(b)(2), each Task Order will be awarded, as a result of competition to the contractor who offers the best value to the government considering the criteria specified.

(c) As imposed by 10 U.S.C. 2306(d) and 41 U.S.C. 254(b) IAW FAR 15.404-4(c)(4), for those TOs requiring design effort (i.e., design-build), the Contracting Officer is restricted from negotiating a price or fee for the production and delivery of designs, plans, and drawings exceeding 6 percent of the estimated cost of construction.

6. Description of TOs: Individual TOs may be as low as *¥1,000,000, or may be well in excess of *¥100,000,000;

however most TOs will fall in the range of *¥5,000,000 to *¥50,000,000 (*or equivalent dollar amount converted by use of respective fiscal years' Foreign Currency Fluctuation Defense (FCFD) budget rate for Japanese Yen). Refer to

Description of Work in Section B for the contract maximum limit and guaranteed minimum amounts, and FAR

52.216-19 Order Limitations in Section I for the minimum and maximum orders of the TO.

7. Performance Evaluations: At the conclusion of each TO or other times as appropriate, the contractor’s performance evaluation will be made through the Construction Contractor Appraisal Support System (CCASS). The evaluation will take into account all aspects of the contractor’s performance. The contractor will be provided an opportunity to review and comment to the government evaluation result through the CCASS. The performance evaluations will have an impact on the award of future TOs and exercise of option year of the contract.

8. Performance Bond:

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

(b) Upon receipt of individual TO 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 TO that its construction value (TO amount excluding design fee) exceeds $100,000.00 or equivalent

Japanese Yen amount as indicated in the Task Order;

(ii) Within 30 CD after the receipt date of TO by the contractor for construction only project, and after acceptance of the final design by the Government for design-build project, unless otherwise a period longer than 30

CD is specified in the TO; and

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

In case that the procedural matters of the surety (non-life insurance company in the case of Japan) affecting submission of the bond stipulated above arises, the contractor shall immediately rep6ort such fact in writing to the

Contracting Officer for his/her determination.

(c) Additional performance bond shall be required when the TO construction value is increased by more than

$10,000.00 or equivalent Japanese Yen amount as indicated in the TO modification. The contractor shall furnish an executed additional performance bond to the Contracting Officer, in a penal sum equal to the increase of the construction value, within the period specified in the TO 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)".

9. Exterior Work in 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. The contractor may request such exterior work during the winter period only when the exterior work will be performed in compliance with applicable sections of the specifications and drawings under strict temperature control with curing and/or heating appliance as necessary, in accordance with para. 2.3.5, Section 01 01 00 of the MACC General Provisions, Attachment 1, Section J. 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 requirement will be annotated in each TO RFP and TO if applicable to the project.

10. Government-Furnished Property (GFP): GFP may be involved in certain project(s) only when use of GFP is specified in TO RFP with the list of GFP. As the TO for such project that includes use of GFP is awarded, the following GFP related FAR clauses incorporated in Section I will become applicable to the TO:

52.245-1 Government Property (Aug 2010) -- Alternate I (Aug 2010)

52.245-9 Use and Charges (Aug 2010)

11. 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.

12. Applicability of FAR 52.203-13: This is a TO based IDIQ contract, and the TO amount and performance period will be established through the TO issuance procedure in para. 4 above. FAR 52.203-13, Contractor Code of

Business Ethics and Conduct is applicable to individual TO that exceeds $5M and performance period of 120 CD.

This clause will be incorporated into the TO if applicable.

13. Applicability of DFARS 252.247-7024: DFARS clause at 252.247-7024, Notification of Transportation of

Supplies by Sea, in Section I will become applicable to the resultant contract only when the successful offeror made a negative response to the inquiry in DFARS provision at 252.247-7022, Representation of Extent of Transportation by Sea, in Section K. Otherwise, the said clause will be automatically deleted from the resultant contract.

14. 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.

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

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010

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

52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2010

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

52.236-17 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

52.236-23 Responsibility of the Architect-Engineer Contractor APR 1984

52.236-24 Work Oversight in Architect-Engineer Contracts 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

52.245-1 Alt I Government Property (Aug 2010) Alternate I AUG 2010

52.245-9 Use And Charges AUG 2010

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction SEP 2006

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

252.204-7008 Export-Controlled Items APR 2010

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

252.236-7005 Airfield Safety Precautions 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 *¥1,000,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of ¥600,000,000;

(2) Any order for a combination of items in excess of ¥800,000,000; or

(3) A series of orders from the same ordering office within five (5) business days that together call for quantities exceeding the limitation in 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.

(*or equivalent dollar amount converted by use of respective fiscal years' Foreign Currency Fluctuation Defense

(FCFD) budget rate for Japanese Yen)

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.

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 period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five

(5) years and six (6) months.

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…