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See schedule.
Additional Information to Offerors:
1. Description of Work/Estimated Cost: This is Airf ield/Pavements IDIQ Contract, Misaw a Air Base, Japan. Refer to Sec. B and Atch. 1, Other Contract Requirements, para. 1. B001 for "Description of Work". Disclosure of the Magnitude of Construction Projects: The estimated ordering amount per year under the resulting contract is betw een *$1,000,000 and *$5,000,000 (*or equivalent Yen amount, see Sec. L-100, para.
B.4.(c)(5) for FY2017 FCFD budget rate).
2. Preproposal conference/job site visit w ill be held on 15 Jun 17 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 Sec. I, FAR 52.228-15 "Performance And Payment Bonds - Construction" and Atch. 1, para.
6, H003 for "Performance Bonds".
This acquisition is unrestricted; no small business set aside.
KAZUHIRO NAKAMURA DSN:226-3496 / COM:(81)0176-77
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
08-Jun-2017
(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 specified in Item 8 by ___________ local time ______________10 Jul 2017 (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 _______210 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:
FA520517R0006 42
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
FA520517R0006
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE ESTIMATED AMOUNT
0001 1 Lot Airfield/Pavements, Basic Yr
FFP
Basic Year (one year from 4 Feb 2018 to 3 Feb 2019). Provide all work in accordance with the plans and specifications provided under this Airfield/Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. Exhibit Line Items (hereinafter called "ELIN" or "ELINs") to be used under this Contract Line Item (CLIN) are as listed in Exhibit A of Section J. The total amount of individual task order must be calculated by adding extended amounts of each ELINs included in the individual task order. See Attachment 1, Other Contract Requirements, para.
1, B001 for the details of IDIQ contract intended.
FOB: Destination
SIGNAL CODE: A
ESTIMATED
NET AMT
See Exhibit A
1001 1 Lot OPTION Airfield/Pavements, Option Yr 1
FFP
Option Year One (for a period of one year from 4 Feb 2019 to 3 Feb 2020).
Provide all work in accordance with the plans and specifications provided under this Airfield/Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. Exhibit Line Items (hereinafter called "ELIN" or "ELINs") to be used under this Contract Line Item (CLIN) are as listed in Exhibit B of Section J. The total amount of individual task order must be calculated by adding extended amounts of each ELINs included in the individual task order. See Attachment 1, Other Contract Requirements, para.
1, B001 for the details of IDIQ contract intended.
See Exhibit B
2001 1 Lot OPTION Airfield/Pavements, Option Yr 2
FFP
Option Year Two (for a period of one year from 4 Feb 2020 to 3 Feb 2021).
Provide all work in accordance with the plans and specifications provided under this Airfield/Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. ELINs to be used under this CLIN are as listed in Exhibit C of Section J. The total amount of individual task order must be calculated by adding extended amounts of each ELINs included in the individual task order. See Attachment 1, Other Contract Requirements, para. 1, B001 for the details of IDIQ contract intended.
See Exhibit C
3001 1 Lot OPTION Airfield/Pavements, Option Yr 3
FFP
Option Year Three (for a period of one year from 4 Feb 2021 to 3 Feb 2022).
Provide all work in accordance with the plans and specifications provided under this Airfield/Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. ELINs to be used under this CLIN are as listed in Exhibit D of Section J. The total amount of individual task order must be calculated by adding extended amounts of each ELINs included in the individual task order. See Attachment 1, Other Contract Requirements, para. 1, B001 for the details of IDIQ contract intended.
See Exhibit D
4001 1 Lot OPTION Airfield/Pavements, Option Yr 4
FFP
Option Year Four (for a period of one year from 4 Feb 2022 to 3 Feb 2023).
Provide all work in accordance with the plans and specifications provided under this Airfield/Pavements IDIQ contract and the scope of work called for by individual task order(s) when such task order(s) is/are issued. ELINs to be used under this CLIN are as listed in Exhibit E of Section J. The total amount of individual task order must be calculated by adding extended amounts of each ELINs included in the individual task order. See Attachment 1, Other Contract Requirements, para. 1, B001 for the details of IDIQ contract intended.
See Exhibit E
Aggregate Estimated Amount of Basic Year, Option Year One, Option Year Two, Option Year Three, and Option Year Four:
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
52.246-12 Inspection of Construction AUG 1996
Section F - Deliveries or Performance
CLAUSES INCORPORATED BY FULL TEXT
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 ¥43,977+¥29,388 for the first calendar day of delay and ¥43,977 for each additional calendar day of delay (these amounts specified for liquidated damages are applicable to each task order issued under this contract) 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)
Section G - Contract Administration Data
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 obligation record of guaranteed minimum amount of ¥600,000 will be placed. 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 to the contractor. Accounting and appropriation data for the guaranteed minimum amount is listed below (as fiscal year changes, the following data will be changed with new fiscal year's one).
5773400 307 18PG 374421 010000 52495 22178F 668800 FB5205 WO:PYRIB9
Section I - Contract Clauses
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.215-2 Audit and Records--Negotiation OCT 2010 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Alt I Quantity Surveys (Apr 1984) - Alternate I 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 JAN 2017 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - 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
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
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, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 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
JUN 2012
252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract when a task order (TO) is issued, within the period specified in the notice to proceed (NTP) after the date the contractor receives the NTP, which will be issued to the contractor within 30 calendar days (CD) after the award date of the TO, unless a period longer than 30 CD is specified in the TO, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the period or date set forth in the TO. The time stated for completion shall include final cleanup of the premises.
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 Y250,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of Y600,000,000;
(2) Any order for a combination of items in excess of Y600,000,000; or
(3) A series of orders from the same ordering office within five (5) business days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after The delivery date shown in individual 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 the contract period.
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 not later than 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) The Government is not precluded from using similar or identical data acquired from other sources.
52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (OCT 2010), is modified to reflect the Contracting Officer’s waiver of requirement for payment bonds and sureties appearing on Treasury Department Circular 570 which was made in accordance with
FAR 28.102-1(a)(1) and FAR 28.202(b), as follows.
1. The words of "and payment" are deleted from the words of "performance and payment" at the clause title, para.
(b), and para. (b)(3)(i), respectively. In addition, para. (b)(2) and (e) are deleted from the clause in their entirety.
2. The words of “, or sureties authorized for issuance of the performance bond by the Financial Service Agency, the Government of Japan” are added at the end of 1st sentence in para. (d).
52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least twelve (12) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.
52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991), is modified as follows, in accordance with
AFFARS 5336.507:
The first sentence in the clause at FAR 52.236-7 is modified to reflect "host government and political subdivisions" in lieu of "Federal, State, and Municipal".
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Name of Website – United States Air Force FAR Site. URL: http//farsite.hill.af.mil
52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
Portions of this contract are altered as follows:
None.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.216-7006 ORDERING (MAY 2011)
(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 contract schedule. Such orders may be issued from see below through see below.
(i) Basic Year, from 4 Feb 2018 to 3 Feb 2019.
(ii) Option Year One, from 4 Feb 2019 to 3 Feb 2020.
(iii) Option Year Two, from 4 Feb 2020 to 3 Feb 2021.
(iv) Option Year Three, from 4 Feb 2021 to 3 Feb 2022.
(v) Option Year Four, from 4 Feb 2022 to 3 Feb 2023.
(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.
(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)(1) If issued electronically, the order is considered ''issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
(End of Clause)
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (JUN 2015)
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is--
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the appropriate Antiterrorism Force Protection Office at the Command Headquarters. Also see http://atep.dtic.mil. For additional information: Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, ASD (SOLIC); telephone, DSN 227-7205 or commercial (703)697-7205.
252.225-7045 BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE
AGREEMENTS--BASIC (SEP 2016)
(a) Definitions. As used in this clause--
Caribbean Basin country construction material means a construction material that---
(i) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(ii) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.
Commercially available off-the-shelf (COTS) item--
(i) Means any item of supply (including construction material) that is--
(A) A commercial item (as defined in paragraph (1) of the definition of ``commercial item'' in section 2.101 of the Federal Acquisition Regulation);
(B) Sold in substantial quantities in the commercial marketplace; and
(C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(ii) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. 40102), such as agricultural products and petroleum products.
Component means any article, material, or supply incorporated directly into construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.
Cost of components means--
(i) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(ii) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Designated country means--
(i) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as ``the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), Ukraine, or the United Kingdom);
(ii) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Panama, Peru, or Singapore);
(iii) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(iv) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.
Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
Designated country construction material means a construction material that is a WTO GPA country construction material, a Free Trade Agreement country construction material, a least developed country construction material, or a Caribbean Basin country construction material.
Domestic construction material means--
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if--
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(B) The construction material is a COTS item.
Free Trade Agreement country construction material means a construction material that--
(i) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or
(ii) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different construction material distinct from the material from which it was transformed.
Least developed country construction material means a construction material that--
(i) Is wholly the growth, product, or manufacture of a least developed country; or
(ii) In the case of a construction material that consists in whole or in part of materials from another country has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.
United States means the 50 States, the District of Columbia, and outlying areas.
WTO GPA country construction material means a construction material that--
(i) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(ii) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.
(b) This clause implements the Balance of Payments Program by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements apply to this acquisition. Therefore, the Balance of Payments Program restrictions are waived for designated country construction materials.
(c) The Contractor shall use only domestic or designated country construction material in performing this contract, except for--
(1) Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation;
(2) Information technology that is a commercial item; or
(3) The construction material or components listed by the Government as follows:
See Attachment 5, List of Contractor-Furnished U.S. Material for use of only domestic materials.
252.229-7001 TAX RELIEF (SEPT 2014)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:
NAME OF TAX: See Attachment 1, Other Contract Requirements, para. 8, K001 for fill in.
RATE (PERCENTAGE): Same as above.
(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Construction Payment Invoice.
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Not Applicable
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC To be specified in individual task order(s) Issue By DoDAAC FA5205 Admin DoDAAC FA5205 Inspect By DoDAAC N/A Ship To Code FA5205 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
satoshi.nogawa.jp@us.af.mil /kazunari.sato.jp@us.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Mr. Kazunari Sato, Contracting Officer, 35 CONS/LGCA
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall--
(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general--
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:
Title File Drawing No.
See Section J See Section J See Section J
5352.201-9101 OMBUDSMAN (JUN 2016)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Air Force Installation Contracting Agency (AFICA)/KP Director, 1940 Allbrook, Drive, Building 1, Wright- Patterson AFB, OH 45433, telephone number (937) 257-5529, facsimile number (937) 656-0919. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and 35FW Form 54, Application for Vehicle Registration to obtain a vehicle pass.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
Section J - List of Documents, Exhibits and Other Attachments
EXHIBIT/ATTACHMENT TABLE
DOCUMENT TYPE DESCRIPTION PAGES DATE
Exhibit A CLIN 0001 ELINs 4 24 Apr 2017 Exhibit B CLIN 1001 ELINs 4 24 Apr 2017 Exhibit C CLIN 2001 ELINs 4 24 Apr 2017 Exhibit D CLIN 3001 ELINs 4 24 Apr 2017 Exhibit E CLIN 4001 ELINs 4 24 Apr 2017 Attachment 1 Other Contract Requirements 7 22 May 2017 Attachment 2 Specifications 374 24 Apr 2017 Attachment 3 Drawings 33 24 Apr 2017 Attachment 4 Schedule of Contractor’s Submittals 6 24 Apr 2017 Attachment 5 List of Contractor-Furnished U.S.
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