FA520525R0002_Atch3_Other Contract Requirements_28Mar25.pdf

Date: 28 Mar 25

Attachment 3 to RFP No. FA520525R0002

Other Contract Requirements

1. Supplies or Services and Prices

B001 CLAUSES AND PROVISIONS

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

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

(c) Section K, L and M, Attachment 8 and 9 of the solicitation, and para. 8 and 9. of this document will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

2. Descriptions and Specifications

C001 SPECIFICATIONS, STANDARDS AND DRAWINGS (In accordance with (IAW) FAR 11.201)

The contractor shall furnish the services and supplies set forth in Section B of the solicitation/contract IAW the specifications, drawings and attachments listed in Section J.

3. Inspection and Acceptance

E001 INSPECTION AND ACCEPTANCE (IAW FAR 46.401(b) and 46.503)

Inspection and acceptance will be at the destination(s) specified in F001, “Place of Performance” hereof.

4. Deliveries or Performance

F001 PLACE OF PERFORMANCE

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

Fitness Center Bldg. 622, Misawa Air Base, Japan as indicated on the drawings as attached.

F002 PERIOD OF PERFORMANCE

Allowable maximum performance period to complete the entire project is 700 calendar days (CDs), including 30

CDs for the mobilization. For the commencement of the contractor’s performance under this contract, the

Contracting Officer will issue Notice to Proceed (NTP) within 30 CDs after the date of contract award. The contractor shall begin the performance within 30 CDs after receipt of the NTP and complete all work by the date established in the NTP.

5. Contract Administration Data

G001 GOVERNMENT PERSONNEL

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

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

G002 INVOICE/PAYMENT

Payment will be made by the office specified in block 27 of Standard Form 1442 (to be indicated upon award) in accordance with FAR 52.232-5, “Payment under Fixed-Price Construction Contracts”, FAR 52.232-27, “Prompt

Payment for Construction Contracts”, and DFARS 252.232-7003, “Electronic Submissions of Payment Requests and Receiving Reports”, after receipt of the payment request by the billing office designated in block 26 of Standard

Form 1442.

6. Special Contract Requirements

H001 CONCILIATION

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

Forces Japan, and a Japanese Contractor)

Except as otherwise provided in this contract any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States – Japan Joint Committee for conciliation IAW

Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of Mutual

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

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

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

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

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

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

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

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

Attachment 3 to RFP No. FA520525R0002

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

H002 REQUIRED INSURANCE

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

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

Property Damage – ¥2,000,000

(b) Prior to the commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The contractor is required to notify the Contracting

Officer immediately upon cancellation or of any material change in the policies adversely affecting the interests of the Government.

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

H003 PERFORMANCE BOND

(a) Submission of performance bond shall be required on the basis of contract, in a penal amount of 100% of the awarded amount of contract. The contractor shall furnish the required performance bond, executed on the Standard

Form 25, to the Contracting Officer within 30 calendar days after the award date of contract or prior to issuance of the Notice to Proceed whichever comes first. Failure by the contractor to submit the performance bond as stated above may constitute actionable grounds to invoke termination action pursuant to Section I, contract clauses FAR

52.249-10 entitled "Default (Fixed-Price Construction)".

(b) Additional performance bond shall be required when the contract award amount is increased by more than

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

(c) Penal sum of bond shall be filled in Japanese yen in line with the resultant Japanese yen based contract amount.

Penal sum of bond indicated in U.S. dollar will be conditionally acceptable, if the dollar penal sum is equivalent to the yen-based contract amount as converted by use of the exchange rate at the time of the bond execution and such bond is accompanied by the surety’s separate certification ensuring that the U.S. dollars indicated in the bond shall be adjusted to the amount equivalent to the yen-based contract amount in line with the exchange rate fluctuation.

H004 NOTICE OF CONSTRUCTION CHANGES

No order, statement of direction of the Contracting Officer, and authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract or entitled the contractor to an equitable adjustment of the price or deliver schedule, unless such a change is issued in writing and signed by the Contracting

Officer.

7. Contract Clauses

I001 APPLICABILITY OF FAR 52.209-9

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

I002 APPLICABILITY OF THE DEFENSE BASE ACT

The contract includes FAR 52.228-3, “Workers’ Compensation Insurance (Defense Base Act)”, and FAR 52.228-4, “Worker’s Compensation and War-Hazard Insurance Overseas”. FAR 52.228-3 applies to (1) all employees who are United States citizens and (2) all employees hired from within the United States and its territories, regardless of their nationality. FAR 52.228-4 applies to all other employees not previously specified.

8. Representations, Certifications and Other Statements of Offerors

K001 EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF

FORCES AGREEMENT

(a) Paragraph 2, article XI of the Status of Forces Agreement between Japan and the United States authorizes the

United States entry into Japan free from Japanese customs duties and other charges, all materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces.

(b) Paragraph 3, Article XII of said Status of Forces Agreement authorizes the United States exemption from certain

Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United

States Armed Forces or by authorized agencies of the United States Armed Forces. Currently these taxes are: (a)

Consumption tax; (b) Gasoline tax and local road tax on gasoline; (c) Diesel oil tax.

(c) If you are the successful offeror, the Contracting Officer or his/her authorized representative will issue customs or tax exemption certificates as appropriate, relieving you from such customs duties or taxes IAW procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for motor fuel will be issued only after consumption of the motor fuel, either at the end of each month or upon termination of the contract. These can be applies against future purchases of motor fuel. They will be issued only to you as the prime contractor, so if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption.

(d) List below the customs duties or taxes which have been excluded from your proposal as required by the Taxes clause.

Customs Duty Type of Commodity and Amount of Duty or tax percentage of tax or Tax Excluded

Consumption Tax 10% Y

Gasoline Y53.80 per liter Y

Diesel Y32.10 per liter Y

K002 CONTRACTOR’S CERTIFICATION

(a) Contract with Corporations. If the resultant contract is with a corporation, it shall be signed for the corporation by the person authorized to sign.

___________________________ by _____________________________________________

(Corporate Name) (Signature, Printed Name, Title)

(b) Contract with Joint Ventures. If the resultant contract is with joint ventures, the contract shall be signed by each participant in the joint venture in the manner prescribed in paragraph (a) above. In addition, to ensure a single point of contact for resolution of contractual matters and payments, the following certification shall be signed by each participant in the joint venture.

The parties hereto expressly understand and agree as follows:

(1) ______________________________________________________________________________

(Name) (Title) (Company) is the principal representative of the joint venture. As such, all communications regarding the administration of the contract and the performance of the work there under may be directed to him or her. In the absence of:

is the alternate principal representative of the joint venture.

(2) Direction, approvals, required notices, and all other communications from the Government to the joint venture, including transmittal of payments by the Government, shall be directed to

Principal representative of the joint venture.

K003 CONSTRUCTION CONTRACTOR LICENSE

Offeror shall submit the general construction contractor license issued under applicable law of Japan together with the offer, to demonstrate compliance with the requirements of FAR 52.236-7, as modified, and DFARS 252.225-

7042 incorporated in Section I and Section K of this solicitation.

For the purpose of this solicitation, the applicable law of Japan stated in para. 8. K003 means the Japanese

Construction Business Law, enacted on 24 May 1949 and revised on 2 Jun 2017, including its associated ordinance and directive issued by the Government of Japan or its political subdivision (Aomori Prefectural Government), under which the "general construction contractor license" required in para. 8. K003 means the "special construction license" as defined and stipulated in the said law, ordinance, and directive. In case of offer by the joint venture or the partnership, the special construction license of each member of the joint venture or each partner of the partnership must be submitted together with the offer to comply with the said law, ordinance, and directive. Such offer that fails in representation of the above required license will not be considered for award.

9. Instructions, Conditions and Notices to Bidders

L001 NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE

(a) A pre-bid/pre-proposal conference will be conducted at the 35th Contracting Squadron’s conference room, Bldg. 656, Misawa Air Base, Japan on 1 May 25 at 0900 hours for the purpose of answering questions regarding this solicitation.

(b) Submit the names of all attendees (not to exceed 5) to 35th Contracting Squadron prior to 28 Apr 25. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.

(c) Bidders/Offerors are requested to submit questions to the point of contact noted above not later than 9 May 25.

Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

(d) A record of the conference shall be made and furnished to all prospective bidders/offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.