08-T-0110 Akzuki Solicitation.doc

Section SF 1449 - CONTINUATION SHEET

Refuse Collection and Disposal Services

FFP

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Refuse Collection and Disposal Services at Akizuki Ammunition Depot in accordance with the attached performance-based work statement.

Period of Performance: 1 Oct 2008 through 30 Sep 2009

PURCHASE REQUEST NUMBER: FFDFEZ80090943

SIGNAL CODE: A

NET AMT

Opt. Year 1 (01 Oct 2009 - 30 Sept 2010)

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Refuse Collection and Disposal Services at Akizuki Ammunition Depot in accordance with the attached performance-based work statement.

Period of Performance: 1 Oct 2009 through 30 Sep 2010

NET AMT

Opt. Year 2 (01 Oct 2010 - 30 Sept 2011)

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Refuse Collection and Disposal Services at Akizuki Ammunition Depot in accordance with the attached performance-based work statement.

Period of Performance: 1 Oct 2010 through 30 Sep 2011

NET AMT

Opt. Year 3 (01 Oct 2011 - 30 Sep 2012)

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Refuse Collection and Disposal Services at Akizuki Ammunition Depot in accordance with the attached performance-based work statement Period of Performance: 1 Oct 2011 through 30 Sep 2012

NET AMT

Opt. Year 4 (01 Oct 2012 - 30 Sept 2013)

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Refuse Collection and Disposal Services at Akizuki Ammunition Depot in accordance with the attached performance-based work statement.

Period of Performance: 1 Oct 2012 through 30 Sep 2013

NET AMT

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2007) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201)

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Addenda to Block 27a of SF 1449

SCHEDULE

SUPPLIES OR SERVICES AND PRICES/COSTS:

CONTRACTOR SHALL PROVIDE ALL NECESSARY PERSONNEL, SUPERVISION, MANAGEMENT, TOOLS, EQUIPMENT, TRANSPORTATION, MATERIALS AS DESCRIBED IN THE PERFORMANCE WORK STATEMENT, AND ANY OTHER ITEMS OR SERVICES NECESSARY TO ACCOMPLISH THE REFUSE COLLECTION AND REMOVAL AT AKIZUKI AMMO DEPOT.

Note 1: The government contemplates award of a firm fixed price contract resulting from this solicitation.

Note 2: Solicitation provisions will be physically removed from any resultant award, but will be deemed to be incorporated by reference in that award.

Block 17b of SF 1449, Remittance Address:

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

Block 18b, SF 1449, Submit invoices to the following address:

Invoice shall be submitted to the designated GR at the following address:

DIRECTOR OF PUBLIC WORKS

US ARMY GARRISON

CAMP ZAMA

APO AP 96343

PAYMENT OFFICE

Payment will be made by

DFAS-J/CVNA Army Vendor Pay

UNIT 5220 BLDG 206

APO AP 96328-5220

Addenda to Block 27a of SF 1449:

Addendum to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (Feb 2007):

(k) Taxes. The text is deleted and replaced as follows:

(a) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the Government of Japan have agreed shall not be applicable to expenditures in Japan by or on behalf of the United States.

(b) The Status of Forces Agreement between the Japan and the United States and implementing the Japanese laws 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. Those taxes include (1) Consumption tax, (2) Gasoline tax and local road tax on gasoline, (3) Diesel oil tax, and (4) Liquefied petroleum gas tax.

(c) The Contractor will submit requests for gasoline or diesel oil tax exemption certificate to the Contracting Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to support the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the Contractor a tax exemption certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract.

SPECIAL INSTRUCTION CLAUSE

SPECIAL INSTRUCTION CLAUSES

52.232-34 Payment by Electronic Funds Transfer – Other than Central May 1999

Contractor Registration

For the purpose of this clause, the blank(s) is/are completed as follows:

(b)(1) The date when the Contractor submits first invoice, using EFT Form established by DFAS.

Outside the United States For the purpose of this clause the blank is completed as follows:

(d) None

MAR 2006

5352.201-9101

Ombudsman

AUG 2005

For the purpose of this clause, the blank is completed as follows:

(c) Name: Michael E. Debreczeni, Lt Col, USAF

Address: 374 Contracting Squadron

Unit 5228, Bldg 620, Yokota Air Base

Fussa-shi, Tokyo 197-0001

Phone No: 042-552-2511, Ext 57099

Facsimile No: 042-552-2511, Ext. 53346

E-mail: michael.debreczeni@yokota.af.mil

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Squadron Ombudsman level may be brought by the concerned party for further consideration to the MAJCOM Ombudsman, Katherine Stockton, HQ PACAF/A7KP, Hickam AFB, HI 96835-5427, Phone No: 808-449-8571, Facsimile No: 808-449-8571. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM Ombudsman level may be brought by the concerned 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 No: 703-588-7004, Facsimile No: 703-588-1067

LIST OF DOCUMENTS, EXHIBITS, OR ATTACHMENTS:

Attachment No.

Title

Date

Number of Pages

1.

Performance-based Work Statement

1 Mar 08 7 Pages

SOLICITATION PROVISIOON

SOLICITATION PROVISIONS:

Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (SEP 2006)

This provision is incorporated by reference and paragraph (c) is modified to read as follows:

Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS (JAN 1999).

This provision is incorporated by reference, and paragraph (a) is modified to read as follows:

(Evaluation will be accomplished IAW FAR 13.106)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation provides the best value to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) price

(ii) past performance

Past performance shall be evaluated for recency, relevancy and quality of performance.

Offerors shall submit a minimum of two but no more than three (3) of the most recent and relevant past and present contracts and subcontracts performed for the U.S. Government, the Government of Japan or its political subdivisions, and commercial customers within the last three (3) years. “Relevant” is defined as “like services” when compared to this solicitation in terms of actual services provided. Offerors that are newly formed entities without prior contracts should list past performance information (i.e. contracts and subcontracts) for all key personnel.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV 2007) (WITH ALTERNATE I (APR 2002))

(Paragraphs (a), (c), (d), (f), (g), (i), (k), and (l) are not applicable to this solicitation due to the non-applicability of FAR 19 and 22, and the Online Representations and Certification Application (ORCA))

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

[ ] TIN: _____________________.

[ ] TIN has been applied for.

[ ] TIN is not required because:

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] Foreign government;

[ ] International organization per 26 CFR 1.6049-4;

[ ] Other _________________________.

(5) Common parent.

[ ] Offeror is not owned or controlled by a common parent;

[ ] Name and TIN of common parent:

Name ___________________.

TIN _____________________.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.

(h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12549).

(Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and

(2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

(3) [ ] Are, [ ] are not presently indicated for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses.

(End of Provision)