RFP_FA5205-11-R-0001.pdf

SEE SCHEDULE

Additional information to offerors:

1. Description of Work/Estimated Cost: This is SABER Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract. Refer to Section B for Project

Description, Section L, para. L-123H for Magnitude of Construction Projects, and Atch. 4, Historical Data.

2. Pre-Proposal Conference w ill be held on 11 Aug 11 at the 35th Contracting Squadron (35 CONS) conference room. Participant w ill meet at

35 CONS conference room by 1300 hours (see AFFARS 5352.215-9001, “Notice of Pre-Bid/Pre-Proposal Conference”).

3. Penal Amount of Performance Bond: Refer to Section H, para. H-902 and Section I, FAR 52.228-15.

This acquisition is unrestricted; no small business setaside.

This solicitation includes clauses authorized for the purpose of construction effort in Japan: DFARS 252.225-7042 - the offeror has been duly authorized to operate and to do business in the host nation country w here the contract is to be performed, and FAR 52.236-7 (modif ied IAW

AFFARS 5336.507) - the contractor shall be responsible for obtaining any necessary licenses and permits, and for complying w ith any host government and political subdivisions law s, codes, and regulations applicable.

SEN SAKAMOTO 226-3496

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

03-Aug-2011

(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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________06 Sep 2011 (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

03:00 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:

FA5205-11-R-0001 51

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

FA5205-11-R-0001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lump

Sum

SABER, Basic Period

FP-EPA

Basic Period (for a period of one year from the date of contract award, see para. F-

905(a))

Provide all work in accordance with the specifications and the unit price book, under this SABER Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. The individual task order award amount is a sum of the prices from the standard unit prices in the unit price book multiplied by the coefficient below and the negotiating prices for items that are not included in the unit price book. The following four-tiered price coefficients shall be used for entire life of the contract depending on the total direct cost of individual task order. The price coefficients will be adjusted in accordance with paragraph H-913. Enter price coefficients

(extended to two (2) decimal places, e.g., "120.00") in the space underlined below:

Task Order *Total Direct Cost Range Price Coefficient

1) $250,000.00 and below (or **Yen equivalent): ______________

2) $250,000.01 - $750,000.00 (or Yen equivalent): ______________

3) $750,000.01 - $1,500,000.00 (or Yen equivalent): ______________

4) $1,500,000.01 and above (or Yen equivalent): ______________

*See Section B, paragraph B-903c for the term of "total direct cost" used in this solicitation in conjunction with the SABER Unit Price Book and the Price

Coefficient.

** The term of "Yen equivalent" used in elsewhere in this solicitation means the

Yen amount calculated by application of Foreign Currency Fluctuation Defense

(FCFD) budget rate of Japan. For the purpose of this solicitation, FY11 (1 Oct 11 -

30 Sep 12) FCFD budget rate of Japan is ¥ 101.9517 to $1.00. Offeror is noted that the FCFD budget rate of Japan is subject to change in each fiscal year of the

U.S. Government and will be announced to the resultant contractor by the

Contracting Officer in the beginning of each fiscal year. All task orders to be issued under the contract is on a Yen basis.

FOB: Destination

NSN: Z199-SA-BER-PROJ

SIGNAL CODE: A

NET AMT

1001 Lump

OPTION SABER, Option Year One

Option Year One (for a period of one year subsequent to Basic Period completion, see para. F-905(a))

Same as Item No. 0001 including the price coefficient.

2001 Lump

OPTION SABER, Option Year Two

Option Year Two (for a period of one year subsequent to Option Year One completion, see para. F-905(a))

3001 Lump

OPTION SABER, Option Year Three

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

4001 Lump

OPTION SABER, Option Year Four

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

9001 Lump

OPTION SABER, Option to Extend Services

Option to Extend Services (for a period of maximum six months, see para. F-

905(a))

This CLIN sets forth the prices to be used when the Option to Extend Service is exercised under the contract clause FAR 52.217-8 for maximum of six (6) months, at the same rates specified in CLIN 0001, 1001, 2001, 3001 or 4001 above. Enter the same price coefficients in CLIN 0001 (extended to two (2) decimal places, e.g., "120.00") in the space underlined below:

Task Order Total Direct Cost Range Price Coefficient

1) $250,000.00 and below (or Yen equivalent): ______________

2) $250,000.01 - $750,000.00 (or Yen equivalent): ______________

3) $750,000.01 - $1,500,000.00 (or Yen equivalent): ______________

4) $1,500,000.01 and above (or Yen equivalent): ______________

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.

(End of Clause)

B-902. PROJECT DESCRIPTION

(a) This Simplified Acquisition of Base Engineering Requirements (SABER) contract encompasses a broad range of maintenance, repair, and minor construction work on real property at Misawa Air Base including its associated sites in Japan. This is a fixed-price, indefinite-delivery indefinite-quantity (IDIQ) type contract and lists a wide variety of individual construction tasks as listed in Volume II, Unit Price Book (UPB). The duration of the contract is the basic period of 12 months with four one-year options and maximum six-month option to extend services that may be exercised at the discretion of the Government. The guaranteed minimum amount is Y509,759 (converted from

$5,000.00 by use of FY11 FCGD Rate of Y101.9517 to $1.00) and the un-guaranteed maximum amount is

$60,000,000.00 (or Yen equivalent) for the entire life of the contract. The Government will award construction project(s) by issuing individual task order(s) to the contractor as requirements are identified by 35 CES/CEPM during the contract period. The contractor must furnish all materials, equipment and personnel necessary to design, manage, and accomplish the construction tasks. The work will include tasks in a variety of trades, such as carpentry, road repair, roofing, excavation, interior, electrical, steam fitting, plumbing, sheet metal, painting, demolition, concrete, masonry, welding, and other related miscellaneous work. The contractor will be required to have a

SABER focused task-force organization for effective management of task orders and responsive coordination with the Government SABER engineers. It is desirable for the contractor to maintain a management office within or in the vicinity of Misawa AB, Japan.

(b) Minor Construction (MC) work is subject to Statutory Cost Limitation (SLC) of $750,000.00 (or Yen equivalent) 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.

B-903. OFFERS

(a) Each offeror must submit 4-tiered price coefficients (percentage factor) based on total direct cost’s threshold in order to be considered acceptable. It is estimated that 2 percent or less of this contract value will be work accomplished on a non-regular hour basis. It is also estimated that 30 percent or less of this contract value will be performed in the base outside facilities (Draughon range and/or Hachinohe Fuel Terminal), and the strictly controlled areas (Bldg. 1500 complex, airfield and HAS area). The contractor must obtain access permits by the

Government whenever they need access to the strictly controlled areas and the contractor’s work hours will be limited. Therefore, the offeror is required to note that work in the controlled area as well as the remote area may be a burden and may cause an increase of manhours, which will be a partial factor and must be included in the estimation of the coefficient.

(b) The coefficient shall be proposed in a two (2) digit decimal: the offer shall be "net" or a "percentage decrease from" or a "percentage increase to" all the unit prices listed in Volume II, UPB, (e.g., net = 100.00, 10 percent decrease = 90.00, and 10 percent increase = 110.00).

(c) The offeror’s price coefficient must contain overhead, profit, bond premiums, tax, insurance, and all contingencies in connection therewith, since no allowance will be made later. The bottom line price for each task order will be calculated as follows:

(1) The quantity negotiated for each required unit price item will be multiplied by the respective unit price as stated in the UPB.

(2) The extended prices derived from the procedure explained in paragraph (1) above will be added and the sum will be the total direct cost.

(3) The total direct cost will be multiplied by the coefficient proposed on total direct cost threshold per task order as shown in item description of CLIN 0001 to give the bottom line price of the task order.

Therefore, the offeror should include all their projected and potential costs in calculating four-tiered coefficients based on total direct cost threshold per task order. Additionally, the same coefficient as proposed per total direct cost threshold will be applied to each item in the UPB. After award of the contract there will be no adjustments to the prices or the coefficients for the life of the contract except as set forth in Section H, paragraph H-913 entitled

"Economic Price Adjustment" (EPA).

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 technical specifications and the UPB 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) 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 individual task order, the Contractor shall pay liquidated damages to the Government in the amount of ¥20,039 + ¥23,600 for the first calendar day of delay and ¥20,039 for each additional calendar day of delay 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 remote facilities (Draughon Range and Hachinohe Fuel Terminal) including its associated sites.

F-905. PERIOD OF PERFORMANCE

(a) Contract Period. Contract period will be one year from the date of contract award, with four (4) one-year options and maximum six-month option to extend services 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 _____________.

(iv) Option Year Three, from _____________ to _____________.

(v) Option Year Four, from _____________ to _____________.

(vi) Option to Extend Services, for a period of maximum six (6) months subsequent to completion of Basic

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

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 accepted or negotiated by the

Government IAW Section H, paragraph H-903 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. The Government may specify a specific work start-up date as well as the completion date in the task order without issuing the NTP, if and when the work is urgently required and/or the award amount of task order is less than

$150,000.00 (or Yen equivalent) with a performance period shorter than 60 CD.

(c) Performance of Fiscal Year End Task Order. In the event that task order is issued 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 material submittals except for those required at or after the construction stage to the Contracting Officer by 30 Nov of that year. Subject to the

Government’s approval of the material submittals, the contractor is required to initiate material ordering and submit a proof of the ordering to the Contracting Officer by 28 Dec of that year.

F-906. 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 technical specifications, Attachment 1 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.

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/¥509,786 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.

5713400 301 7454 3A4421 010000 52495 22178F 668800 FB5205 WO:A99061

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, FAR 52.232-27 and DFARS 252.232-7003.

G-902. 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

G-903. SUMMARY FOR THE PAYMENT OFFICE

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

Modification No. Modification Amount Current Contract Price

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 $150,000.00 or equivalent Japanese Yen amount as indicated in the Task Order;

(ii) Within 21 CD from the receipt date of task order by the contractor, unless a period longer than 21 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) thru (c) 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-903. TASK ORDER ISSUANCE PROCEDURES

(a) The intent of the SABER contract is to expedite issuance of the task order, and complete the construction tasks with minimal or no engineering by the Government. A basic objective of the task order concept is quick response. It is expected that the normal response time frame for project identification, scoping, estimating, negotiation, and start of actual performance is approximately four to eight weeks.

(b) Upon identification of construction requirement for SABER contract by 35 CES, 35 CONS will issue request for joint site visit to the contractor for each project, which will include a statement of work, location map, sketches, as-built drawings, location map, and/or list of the Government-Furnished Property, as necessary.

(c) Joint Site Visit. 35 CONS, 35 CES, the contractor and using organization will conduct a site visit for the project to validate the scope and discuss topics such as site access, methods and alternatives for accomplishing work, requirements for plans, sketches and drawings, and time requirements for completion including sequence and phasing of work.

(d) Task order will be awarded in either of the following One-Step or Two-Step task order process to be selected at the discretion of the Government in consideration of the project scope, urgency and funding conditions:

(1) One-Step Task Order Process

(i) At the site visit, the contractor will be requested to research and verify the requirements, and perform survey including test for submission of the survey report to the Contracting Officer for his/her approval.

The survey and test results will be reviewed by the Government, however, the contractor will be held responsible for accuracy and adequacy at no additional costs to the Government. The survey report may include any or all of the following:

- Method of execution (technical description of the task)

- Shop drawings/schematics for fabrication and assembly of structural elements

- Form, fit, and attachment details for installation of materials/equipment

- Calculations to substantiate proposed layout and sizing of utilities and structural elements (i.e., heating, ventilation and air conditioning (HVAC) loads, lighting, platform supports, etc.)

- Identification of items in Unit Price Book and Non-Priced Items (NPI), and quantity survey of each applicable items.

- Plan or diagram of construction execution.

(ii) Task Order Request for Proposal (TO RFP). TO RFP will be issued to the contractor for submission of the price proposal, which shall be based on the approved survey report in para. (d)(1)(i) above. The price proposal shall include the UPB items and those quantities with or without NPI, proposed performance period, total direct cost and the applicable coefficient, total proposed price, and other conditions such as proposed work days/hours. TO RFP may be issued before approval of the survey report in consideration of the project scope and urgency.

(iii) After review and evaluation of the contractor’s proposal, the Government may conduct discussion with the contractor for proposed UPB items/NPI and those quantities, performance period and/or the work conditions. Upon agreement by both parties, the Contracting Officer will issue task order to the contractor for the project.

(2) Two-Step Task Order Process

(i) Step 1, Survey and Work Item Report

(A) At the site visit, the contractor will be requested to submit price proposal for survey and work item report by identifying the applicable survey and test effort in the UPB, Division 01 General

Requirement.

(B) After review and evaluation of the contractor’s price proposal for survey and work item report, the

Government may conduct discussions with the contractor for proposed UPB items and quantities, report submission period and/or the work conditions. Upon agreement by both parties, the

Contracting Officer will issue task order to the contractor for submission of the survey and work item report. The survey and work item report shall consist of the survey report in para. (d)(1)(i) above and work item list, which may include but not limited to the UPB items and those quantities with or without NPI.

(ii) Step 2, Price Proposal for Construction Work.

(A) TO RFP. TO RFP will be issued to the contractor for submission of the detailed price proposal for construction performance, which shall be based on the approved survey and work item report in para. (d)(2)(i) above. The price proposal shall include the UPB items and those quantities with or without NPI, proposed performance period, total direct cost and the applicable coefficient, total proposed price, and other conditions such as but not limited to proposed work days/hours.

(B) Same as paragraph (d)(1)(iii) above.

H-904. WORK BY THE GOVERNMENT

Notwithstanding any other contract clauses pertaining to the contractor’s right, the government reserves the right to undertake performance by government forces or other contractors, the same type of similar work as contracted for herein, as the government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

H-910. NON-PRICED ITEM

(a) The non-priced items (NPI) which are not covered by this contract but are within the basic intent and general scope of the contract will be negotiated by the Contracting Officer and incorporated into individual task order(s) prior to issuance, and performed at the negotiated unit price. Those NPIs once incorporated into individual task order(s) may subsequently be added to the UPB by issuing supplemental agreement upon periodic review and update of UPB at least once a year or as-needed basis. Non-priced work shall be so noted on each task order.

(b) At the time of incorporation of NPIs into the UPB, the calculation base shall be as follows:

Negotiated price of NPI = Price to be incorporated in the UPB

*Applicable coefficient

* The coefficient which was applied when the task order has incorporated the NPI.

H-913. ECONOMIC PRICE ADJUSTMENT (EPA)

(a) Principle.

(1) Contract price adjustment will be made on the labor and material portion of the price coefficient in Section

B when a difference between the base year index value and the actual index value exceeds the threshold set forth in Paragraph (2) below:

(2) Adjustment Difference

Upward +3.00% and above

Downward -3.00% and below

(3) The labor and material portion of item price is defined as 82.64% of the coefficient.

(b) Application.

(1) The Government will utilize the Construction Cost Index announced by the Ministry of Land, Infrastructure and Transport, the Government of Japan (MOLIT/GOJ) to determine the rate of escalation in the labor and material costs. The index is cited in a table of statistics as the index for “Construction Costs, General” in the Monthly of Construction Statistics (MCS) published monthly by Kensetsu Bukka Chosakai, a nonprofit organization registered to and under surveillance of MOLIT/GOJ, or is available electronically at http://www.mlit.go.jp/toukeijouhou/chojou/def.htm.

(2) To determine if a price adjustment is appropriate, the Contracting Officer will calculate the change between the index referred to in the latest issue of the MCS published prior to the effective date of the contract option period and the index referred to in the base year.

(3) Should the publication or the index be discontinued, the parties to the contract will negotiate a replacement index or a new contract clause. If a replacement index or a new contract clause cannot be agreed upon, the

Contracting Officer may unilaterally determine the contract adjustment method, and the Contractor may dispute the determination under the contract clause FAR 52.233-1 entitled "Dispute" or request for conciliation pursuant to Section H-900 entitled "Conciliation."

(c) Adjustment Formulas.

MCS index (Option Year) x 100 –100 = Difference (%)

MCS Index (Basic Period)

Difference x 0.8264 = Adjustment (%)

1 + Adjustment (%) = Adjustment Factor

Base Year Coefficient x Adjustment Factor = Adjusted Coefficient to be used in Option Year.

(d) Example of Calculation. The figures below are for illustration purpose only, and are fictitious.

(1) Calculation of Difference/Adjustment Percentage.

Fluctuation from

Time MCS Index Previous Year (%) Difference (%) Labor & Mat’l Adjustment (%)

Award 102.00 0.8264

(Jul/11)

Opt.I 103.00 103.00 x 100 = 100.98 +0.98 No Adjust

(Apr/12) 102.00

Opt.II 106.00 106.00 x 100 = 103.92 +3.92 +3.92 x 0.8264 =+3.24 +3.24

(Apr/13) 102.00 http://www.mlit.go.jp/toukeijouhou/chojou/def.htm

Opt.III 110.00 110.00 x 100 = 103.77 +3.77 +3.77 x 0.8264 =+3.12 +3.12

(Apr/14) 106.00

Opt.IV 111.00 111.00 x 100 = 100.90 +0.90 No Adjust

(Apr/15) 110.00

Service Extension No EPA will be made.

(2) Adjustment of Coefficient (%). In the above paragraph (d)(1) scenario, assume the coefficient (%) for the initial contract period are as follows:

Basic

(i) $250,000.00 and below: 120.00

(ii) $250,000.01 - $750,000.00: 120.00

(iii) $750,000.01 - $1,500,000.00: 115.00

(iv) $1,500,000.01 and above: 115.00

Coefficients of Opt. I remain the same as actual option year index stays within 3% range from the basic year index:

Opt.I

(i) $250,000.00 and below: Same as Basic Period

(ii) $250,000.01 - $750,000.00: Same as Basic Period

(iii) $750,000.01 - $1,500,000.00: Same as Basic Period

(iv) $1,500,000.01 and above: Same as Basic Period

Coefficients of Opt. II and III shall be adjusted by modifications prior to exercise of each option as each actual option year index exceeded the prior year index by more than 3%:

Opt.II Coefficient (%) Adjustment Factor (%) Adjusted Coefficient (%)

(i) $250,000.00 and below: 120.00 x 103.24 (100+3.24) 123.89

(ii) $250,000.01 - $750,000.00: 120.00 x 103.24 (100+3.24) 123.89

(iii) $750,000.01 - $1,500,000.00: 115.00 x 103.24 (100+3.24) 118.73

(iv) $1,500,000.01 and above: 115.00 x 103.24 (100+3.24) 118.73

Opt.III Coefficient (%) Adjustment Factor (%) Adjusted Coefficient (%)

(i) $250,000.00 and below: 123.89 x 103.12 (100+3.12) 127.76

(ii) $250,000.01 - $750,000.00: 123.89 x 103.12 (100+3.12) 127.76

(iii) $750,000.01 - $1,500,000.00: 118.73 x 103.12 (100+3.12) 122.43

(iv) $1,500,000.01 and above: 118.73 x 103.12 (100+3.12) 122.43

Coefficients of Opt. IV remain the same as actual option year index stays within 3% range from the prior year index:

Opt.IV

(i) $250,000.00 and below: Same as Opt. III Period

(ii) $250,000.01 - $750,000.00: Same as Opt. III Period

(iii) $750,000.01 - $1,500,000.00: Same as Opt. III Period

(iv) $1,500,000.01 and above: Same as Opt. III Period

EPA is not applicable to coefficients of Service Extension as continued performance of any services within the limits and at the rates specified in the contract is required IAW FAR 52.217-8:

Service Extension

(i) $250,000.00 and below: Same as Opt. I, II, III, or IV Period as exercised.

(ii) $250,000.01 - $750,000.00: Same as Opt. I, II, III, or IV Period as exercised.

(iii) $750,000.01 - $1,500,000.00: Same as Opt. I, II, III, or IV Period as exercised.

(iv) $1,500,000.01 and above: Same as Opt. I, II, III, or IV Period as exercised.

H-914. IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY

Government-Furnished Property (GFP) may be involved in certain project(s) only when use of GFP is specified in request for initial site visit or task order request for proposal with the list of GFP. As the task order for such project that includes use of GFP is issued, the following GFP related FAR and DFARS clauses incorporated in Section I will become applicable to the task order:

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

52.245-9 Use and Charges (Aug 2010)

252.245–7001 Tagging, Labeling, and Marking of Government-Furnished Property (Feb 2011)

252.245–7002 Reporting Loss of Government Property (Feb 2011)

252.245–7003 Contractor Property Management System Administration (May 2011)

H-915. 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.

H-916. APPLICABILITY OF FAR 52.209-9

FAR clause at 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters, in Section I will become applicable to the resultant contract when the successful offeror checked "has" in paragraph (b) of FAR provision at 52.209-7, Information Regarding Responsibility Matters, in Section K. Otherwise, the said clause will be automatically deleted from the resultant contract.

H-917. 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.

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 OCT 2010

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

OCT 2010

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

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 Central Contractor Registration APR 2008

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

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

DEC 2010

52.215-2 Audit and Records--Negotiation OCT 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010

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 OCT 2010

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 2010

52.232-27 Prompt Payment for Construction Contracts OCT 2008

52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

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 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 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 DEC 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 OCT 2010

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

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010

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

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

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)

NOV 2010

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

FEB 2011

252.245-7002 Reporting Loss of Government Property FEB 2011

252.245-7003 Contractor Property Management System Administration MAY 2011

252.247-7023 Transportation of Supplies by Sea MAY 2002

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

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011)

(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 posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(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)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of

Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

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-905(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-905(b).

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 $2,000 (or Yen equivalent), 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 $3,000,000.00 (or Yen equivalent)

(2) Any order for a combination of items in excess of $3,000,000.00 (or Yen Equivalent); 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.