Solicitation - FA520523R0007.pdf

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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, is not required.

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

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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

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

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

FA520523R0007 1 Of 5708 May 2023

TBD

FA5205

FA5205 35 CONS PK

UNIT 5201, APO AP 96319-5201

APO, AP 96319-5201

UNITED STATES

Mayumi Ozawa, Email: mayumi.ozawa.jp@us.af.mil Telephone: 315-226-8071

Mayumi Ozawa 315-226-8071

Project Title: Roads/Pavements & Misc. Civil Work IDIQ Contract

See schedule. Additional Information to Offerors:

1. Description of Work/Estimated Cost: This is Roads/Pavements & Misc. Civil Work Indefinite-Delivery/Indefinite-Quantity (IDIQ) Contract, Misawa 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 resulting contract is between *$1,000,000 and *$5,000,000 (*or equivalent Yen amount, see Sec. L-100, para. B.4.(c)(5) for FY2023 FCFD budget rate).

2. Preproposal conference/job site visit will be held on 15 May 23 at 1300 hours in the 35th Contracting Squadron Conference Room. See FAR 52.236-27, "Alternate I Site Visit (Construction)" and Atch. 1, Other Contract Requirements, para. 9.L001, "Notice of Pre-Bid/Pre-Proposal Conference", 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 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 where the contract is to be performed, and FAR 52.236-7 (modified IAW AFFARS 5336.507)-the contractor shall be responsible for obtaining any necessary licenses and permits, and for complying with any host government and political subdivisions laws, codes, and regulations applicable.

This acquisition is unrestricted; no small business set aside.

14 365

FAR 52.211-10

1 11:00 AM

07 Jun 2023

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than theminimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

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

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to thiscontract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Section A - Solicitation/Contract Form

Roads/Pavements & Misc. Civil Work IDIQ Contract, Misawa Air Base, Japan

Proposal Identifier: FA520523R0007 Date: 07 May 2023

FA520523R0007

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

The guaranteed minimum amount (GMA) is JPY300,000, and the un-guaranteed maximum amount is JPY1,200,000,000 for the entire life of the contract. The task order covering the GMA is issued to the contractor upon award of the contract. The estimated amount per the contract year will be inserted in each line item of Item No. 0001 thru 2001 below in agreement with the corresponding Exhibit A thru C upon award of the contract (ref.

Section L, para. L-100.B.2). Aggregate estimated amount of Basic Year, Option Year One, and Option Year Two is JPY___________________ as shown in the schedule below.

Item Supplies/Service Quantity Unit Unit Price Amount

Basic Year (for a period of one year from the date of contract award).

Provide all work in accordance with the plans and specifications provided under this Roads/Pavements & Misc. Civil Work 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.

Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

Option Year One (for a period of one year subsequent to Basic Year completion).

Provide all work in accordance with the plans and specifications provided under this Roads/Pavements & Misc. Civil Work 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 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.

Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

Option Year Two (for a period of one year subsequent to Option Year One completion).

Provide all work in accordance with the plans and specifications provided under this Roads/Pavements & Misc. Civil Work 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.

Pricing Arrangement: Firm Fixed Price

1 Lot

DFARS Clauses Incorporated by Full Text

252.229-7001 Tax Relief. Apr 2020

Basic. As prescribed in 229.402-70(a) and (a)(1), use the following clause:

TAX RELIEF-BASIC (APR 2020)

(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): See Attachment 1, Other Contract Requirements, para. 8, K001 for fill in.

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. 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.

(End of clause)

Section C - Description/Specifications/Statement of Work

Requirements See Para. 2, Descriptions and Specifications of Attachment 1, Other Contract Requirements.

Section D - Packaging and Marking

Section E - Inspection and Acceptance FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996

Overall Contract Inspection/Acceptance Locations

Authorized Accepting Official

Acceptance Destination Instructions: See individual Task Order to be issued under this contract.

DoDAAC: FA5205 CountryCode: USA

FA5205 35 CONS PK

UNIT 5201, APO AP 96319-5201

APO, AP 96319-5201

UNITED STATES

Satoshi Nogawa Email: satoshi.nogawa.jp@us.af.mil Telephone: 315-226-3496

Option Line Item

Authorized Accepting Official

Acceptance Destination Instructions: See individual Task Order to be issued under this contract.

DoDAAC: FA5205 CountryCode: USA

FA5205 35 CONS PK

UNIT 5201, APO AP 96319-5201

APO, AP 96319-5201

UNITED STATES

Satoshi Nogawa Email: satoshi.nogawa.jp@us.af.mil Telephone: 315-226-3496

Option Line Item

Authorized Accepting Official

Acceptance Destination Instructions: See individual Task Order to be issued under this contract.

DoDAAC: FA5205 CountryCode: USA

FA5205 35 CONS PK

UNIT 5201, APO AP 96319-5201

APO, AP 96319-5201

UNITED STATES

Satoshi Nogawa Email: satoshi.nogawa.jp@us.af.mil Telephone: 315-226-3496

Section F - Deliveries or Performance

Overall Contract Delivery Period

From date of lead time event to beginning of performance 14 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.247-7023 Transportation of Supplies by Sea. Jan 2023

Section G - Contract Administration Data

ACCOUNTING AND APPROPRIATION DATA

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

(b) Guaranteed minimum amount. Obligation of the guaranteed minimum amount of JPY300,000 will be satisfied by issuing a firm requirement for a TO upon award of the contract. The following listed is the accounting and appropriation data for the guaranteed minimum amount.

5733400 303 18PG 374421 01 52400 22178F 387700 F87700

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

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) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Construction Payment Invoice

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(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 F87700

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. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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. Satoshi Nogawa, Contracting Officer

Ms. Mayumi Ozawa, Contract Administrator

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements FAR Clauses Incorporated by Full Text

52.236-1 Performance of Work by the Contractor. Apr 1984

As prescribed in , insert the following clause: 36.501(b)

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 percent of the total amount of work to twelve (12) 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.

(End of clause)

Section I - Contract Clauses

FAR Clauses Incorporated by Full Text

52.236-7 Permits and Responsibilities. Nov 1991

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".

(End of clause)

DFARS Clauses Incorporated by Full Text

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. Jun 2015

As prescribed in 225.372-2, use the following clause:

ANTITERRORISM/FORCEPROTECTION 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 anon-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 https://atep.dtic.mil. For additional information: Assistant Secretary of Defense for Homeland Defense and Global Security, ASD(HS/GS); telephone, DSN 227-6566 or 260-8350 or commercial (703)697-6566 or(571)256-8350.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. Jun 2020 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. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 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. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 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. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Nov 2021

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-15 Energy Efficiency in Energy-Consuming Products. May 2020 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 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 Workers’ 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 Deviation 2020-O0016 Pledges of Assets (DEVIATION 2020-O0016) Apr 2020 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-6 Taxes-Foreign Fixed-Price Contracts. Feb 2013 52.232-17 Interest. May 2014 52.232-37 Multiple Payment Arrangements. May 1999 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 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 Alternate I Accident Prevention. (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 Alternate I Quantity Surveys. (Alternate I) Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Alternate I Specifications and Drawings for Construction. (Alternate I) Apr 1984 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 Products and Commercial Services. Dec 2022 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). (Alternate I) Sep 1996 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date 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. Jan 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7003 Control of Government Personnel Work Product. Apr 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Jan 2023 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. May 2019

252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7005 Identification of Expenditures in the United States . Jun 2005 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7041 Correspondence in English. Jun 1997 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China. Jan 2023

252.225-7972 Deviation 2020-O0015Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems.

(DEVIATION 2020-O0015) May 2020

252.225-7976 Deviation 2018-O0019Contractor Personnel Performing in Japan (DEVIATION 2018-O0019) Aug 2018 252.227-7033 Rights in Shop Drawings. Apr 1966 252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 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 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010

FAR Clauses Incorporated by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984

As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The 11.404(b) clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract 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

, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than longer than 30 CD is specified in the TO the period or . The time stated for completion shall include final cleanup of the premises.date set forth in the TO

(End of clause)

52.211-12 Liquidated Damages-Construction. Sep 2000

As prescribed in , insert the following clause in solicitations and contracts:11.503(b)

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of for each calendar day of delay until the work is completed JPY64,133 for the first calendar day of delay and JPY31,985 or accepted.

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

(End of clause)

52.216-18 Ordering. Aug 2020

As prescribed in , insert the following clause:16.506(a)

Ordering (Aug 2020)

Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals (a) or activities designated in the Schedule. Such orders may be issued from-

(1) Basic Year, One Year From the Date of Contract Award

(2) Option Year One, One Year Subsequent to Basic Year Completion

(3) Option Year Two, One Year Subsequent to Option Year One Completion

(4) Option to Extend Services, for a period of maximum six(6) months subsequent to completion of Basic Year, Option Year One, Option Year Two. Specific dates will be indicated on a contract modification when this option is exercised.

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 (b) task order and this contract, the contract shall control.

A delivery order or task order is considered "issued" when-(c)

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

If sent by fax, the Government transmits the order to the Contractor's fax number; or(2)

If sent electronically, the Government either-(3)

Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or(i)

Distributes the delivery order or task order via email to the Contractor's email address.(ii)

Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.(d)

(End of clause)

52.216-19 Order Limitations. Oct 1995

As prescribed in , insert a clause substantially the same as follows:16.506(b)

Order Limitations (Oct 1995)

. When the Government requires supplies or services covered by this contract in an amount of less than , the (a) Minimum order JPY200,000 Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

Any order for a single item in excess of ;(1) JPY200,000,000

Any order for a combination of items in excess of ; or(2) JPY200,000,000

A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in (3) five (5) business paragraph (b)(1) or (2) of this section.

If this is a requirements contract ( includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), (c) i.e., 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) of this section.

Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in (d) paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating three (3) business 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.

(End of clause)

52.216-22 Indefinite Quantity. Oct 1995

As prescribed in , insert the following clause:16.506(e)

Indefinite Quantity (Oct 1995)

This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities (a) of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall (b) 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."

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 (c) be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within (d) 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; , that the Contractor shall not be required to make any provided deliveries under this contract after .the delivery date shown in individual task order

(End of clause)

52.217-8 Option to Extend Services. Nov 1999

As prescribed in , insert a clause substantially the same as the following:17.208(f)

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within .fifteen (15) days prior to expiration of contract period

(End of clause)

52.217-9 Option to Extend the Term of the Contract. Mar 2000

As prescribed in , insert a clause substantially the same as the following:17.208(g)

Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the Contractor within (a) fifteen(15) days prior to expiration of contract ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days before the period sixty (60) contract expires. The preliminary notice does not commit the Government to an extension.

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

The total duration of this contract, including the exercise of any options under this clause, shall not exceed .(c) three (3) years and six (6) months

(End of clause)

52.223-3 Hazardous Material Identification and Material Safety Data. Feb 2021

As prescribed in , insert the following clause:23.303

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

"Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (a) (including revisions adopted during the term of the contract).

The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous (b) 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 (If none, insert )None Identification No.

This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered (c) under this contract is hazardous.

The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the (d) 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.

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 (e) inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or (f) liability for the safety of Government, Contractor, or subcontractor personnel or property.

Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, (g) ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

The Government's rights in data furnished under this contract with respect to hazardous material are as follows:(h)

To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-(1)

Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous (i) materials;

Obtain medical treatment for those affected by the material; and(ii)

Have others use, duplicate, and disclose the data for the Government for these purposes.(iii)

To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over (2) any other clause of this contract providing for rights in data.

The Government is not precluded from using similar or identical data acquired from other sources.(3)

(End of clause)

52.228-15 Deviation 2020-O0016 Performance and Payment Bonds-Construction (Deviation 2020-O0016) (Tailored) Apr

52.228-15 Performance and Payment Bonds-Construction.

As prescribed in 28.102-3(a), insert a clause substantially as follows:

PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (APR 2020) (DEVIATION 2020-O0016)

(a) Definitions. As used in this clause-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25A, except that no seal is required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.

treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.228-15 Performance and Payment Bonds-Construction. (Tailored) (Apr 2020) (DEVIATION 2020-O0016)

52.228-15 Performance and Payment Bonds-Construction (APR 2020) (Deviation 2020-O0016) is modified to reflect the Contracting Officer's waiver of payment bonds and sureties appearing on Treasury Department Circular 570 which was made in accordance with FAR 28.102-(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).

52.232-5 Payments under Fixed-Price Construction Contracts. May 2014

As prescribed in , insert the following clause:32.111(a)(5)

PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

. The Government shall pay the Contractor the contract price as provided in this contract.(a) Payment of price

. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as (b) Progress payments determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

The Contractor's request for progress payments shall include the following substantiation:(1)

An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment (i) requested.

A listing of the amount included for work performed by each subcontractor under the contract.(ii)

A listing of the total amount of each subcontract under the contract.(iii)

A listing of the amounts previously paid to each such subcontractor under the contract.(iv)

Additional supporting data in a form and detail required by the Contracting Officer.(v)

In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be (2) taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if-

Consideration is specifically authorized by this contract; and(i)

The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform (ii) this contract.

. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment (c) Contractor certification shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

____ ( )Name

____ ( )Title

____ ( )Date

. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of (d) Refund of unearned amounts such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

Notify the Contracting Officer of such performance deficiency; and(1)

Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this (2) clause) equal to interest on the unearned amount from the 8 thday after the date of receipt of the unearned amount until-

The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or(i)

The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the (ii) unearned amount.

. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be (e) Retainage made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

. All material and work covered by progress payments made shall, at the time of payment, become (f) Title, liability, and reservation of rights the sole property of the Government, but this shall not be construed as-

Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration (1) of any damaged work; or

Waiving the right of the Government to require the fulfillment of all of the terms of the contract.(2)

. In making these progress payments, the Government shall, upon request, reimburse the Contractor for (g) Reimbursement for bond premiums the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

. The Government shall pay the amount due the Contractor under this contract after-(h) Final payment

Completion and acceptance of all work;(1)

Presentation of a properly executed voucher; and(2)

Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that (3) the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 (31 U.S.C.3727 and 41 U.S.C.6305).

. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on (i) Limitation because of undefinitized work work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

. In accordance with 31 U.S.C.3903(c)(1), the amount payable under paragraph (d)(2) of this (j)…