Replacement Pages.doc

FA5209-08-T-0130

Section SF 1449 - CONTINUATION SHEET

CLAUSES INCORPORATED BY FULL TEXT

Addenda to Block 19 - 24 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 ATTACHED PERFORMANCE-BASED WORK STATEMENT (PWS), AND ANY OTHER ITEMS OR SERVICES NECESSARY TO PERFORM CARGO ESCORT SERVICE, JAPAN.

ALL LISTED UNIT PRICES SHALL BE PER VEHICLE WITH DUAL CARGO ESCORTS.

MINIMUM & MAXIMUM QUANTITIES

THE GUARANTEED MINIMUM AND MAXIMUM QUANTITIES UNDER THE CLAUSE AT FAR 52.216-22, INDEFINITE QUANTITY, PARAGRAPH (B) ARE SPECIFIED IN THE TABLE BELOW FOR EACH CONTRACT PERIOD. THE GOVERNMENT SHALL OBLIGATE THE AMOUNT EQUAL TO OR GREATER THAN THE MINIMUM GUARANTEED AMOUNT ON THE TASK ORDER AT THE TIME OF AWARD.

NOTES:

1. The Contractor will be provided 30 calendar days of mobilization period from the date of award. The Contractor shall be in full operation of cargo escort service from the 31st calendar day after the date of award in accordance with PWS 1.4.6.7.

2. Distances are estimates only.

3. Unit of Issue (U/I) = each (ea). Applicable trip (round or one-way) per vehicle with dual cargo escorts.

MINIMUM / MAXIMUM QUANTITIES

<BASIC and EACH OPTION PERIOD>

Each

SCLIN

Total of 250 trips for CLINs x001 ~ x004 under each of Basic, Option One and Two (12-month for each period)

Note: Escort Service of the Basic Period begins on 1 Oct 2008. Mobilization Period is 30 days from the date of award.

BASIC PERIOD

FFP

Performance Period: 1 Oct 2008 to 30 Sep 2009 Between YOKOTA AIR BASE, Fussa-shi, Tokyo-to and MISAWA AIR BASE, Hirahata 1-chome, Misawa, Aomori-ken

(706 kms)

NSN: V706-CA-RGO-ESCO

SIGNAL CODE: A

0001AA

ROUND-TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Up Through Minimum Guaranteed Quantity: 18 round-trips / 12-month

0001AB

ROUND TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Estimated Quantity Beyond Minimum Guaranteed Quantity: 8 round-trips / 12-month

0001AC

ONE-WAY TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Up Through Minimum Guaranteed Quantity: 18 one-way trips / 12-month

0001AD

ONE-WAY TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Estimated Quantity Beyond Minimum Guaranteed Quantity: 8 one-way trips / 12-month

BASIC PERIOD

Performance Period: 1 Oct 2008 to 30 Sep 2009 Between YOKOTA AIR BASE, Fussa-shi, Tokyo-to

USMC AIR STATION IWAKUNI, Iwakuni-shi, Yamaguchi-ken

(940 kms)

0002AA

ROUND-TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Up Through Minimum Guaranteed Quantity: 11 round-trips / 12-month

0002AB

ROUND-TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 round-trips / 12-month

0002AC

ONE-WAY TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Up Through Minimum Guaranteed Quantity: 11 one-way trips / 12-month

0002AD

ONE-WAY TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 one-way trips / 12-month

BASIC PERIOD

Performance Period: 1 Oct 2008 to 30 Sep 2009 Between YOKOTA AIR BASE

US FLEET ACTIVITIES SASEBO, Sasebo-shi, Nagasaki-ken

(1,280 kms)

0003AA

ROUND-TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Up Through Minimum Guaranteed Quantity: 11 round-trips / 12-month

0003AB

ROUND-TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 round-trips / 12-month

0003AC

ONE-WAY TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Up Through Minimum Guaranteed Quantity: 11 one-way trips / 12-month

0003AD

ONE-WAY TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 one-way trips / 12-month

BASIC PERIOD

Performance Period: 1 Oct 2008 to 30 Sep 2009 Between YOKOTA AIR BASE

US FLEET ACTIVITIES SASEBO, Sasebo-shi, via Iwakuni

0004AA

ROUND-TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Up Through Minimum Guaranteed Quantity: 7 round-trips / 12-month

0004AB

ROUND-TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Estimated Quantity Beyond Minimum Guaranteed Quantity: 3 one-way trips / 12-month

0004AC

ONE-WAY TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Up Through Minimum Guaranteed Quantity: 7 one-way trips / 12-month

0004AD

ONE-WAY TRIP SERVICE

BASIC PERIOD Performance Period: 1 Oct 2008 to 30 Sep 2009 Estimated Quantity Beyond Minimum Guaranteed Quantity: 3 one-way trips / 12-month

BASIC PERIOD

Performance Period: 1 Oct 2008 to 30 Sep 2009

Demurrage charge (Refer to paragraph 1.4.7. of the PWS) for:

000501 Escorting 2-ton cargo truck at Y_________ per half hour per truck.

000502 Escorting 3-ton cargo truck at Y_________ per half hour per truck.

000503 Escorting 4-ton truck at Y_________ per half hour per truck.

000504 Escorting 8-ton truck at Y_________ per half hour per truck.

000505 Escorting 10-ton truck at Y_________ per half hour per truck.

000506 Escorting 12-ton truck at Y_________ per half hour per truck.

FFP

Performance Period: 1 Oct 2009 to 30 Sep 2010 Between YOKOTA AIR BASE, Fussa-shi, Tokyo-to

1001AA

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Up Through Minimum Guaranteed Quantity: 18 round-trips / 12-month

1001AB

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Estimated Quantity Beyond Minimum Guaranteed Quantity: 8 round-trips / 12-month

1001AC

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Up Through Minimum Guaranteed Quantity: 18 one-way trips / 12-month

1001AD

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Estimated Quantity Beyond Minimum Guaranteed Quantity: 8 one-way trips / 12-month

FFP

Performance Period: 1 Oct 2009 to 30 Sep 2010 Between YOKOTA AIR BASE, Fussa-shi, Tokyo-to

1002AA

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Up Through Minimum Guaranteed Quantity: 11 round-trips / 12-month

1002AB

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 round-trips / 12-month

1002AC

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Up Through Minimum Guaranteed Quantity: 11 one-way trips / 12-month

1002AD

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 one-way trips / 12-month

FFP

Performance Period: 1 Oct 2009 to 30 Sep 2010 BetweenYOKOTA AIR BASE

1003AA

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Up Through Minimum Guaranteed Quantity: 11 round-trips / 12-month

1003AB

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 round-trips / 12-month

1003AC

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Up Through Minimum Guaranteed Quantity: 11 one-way trips / 12-month

1003AD

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 one-way trips / 12-month

FFP

Performance Period: 1 Oct 2009 to 30 Sep 2010 BetweenYOKOTA AIR BASE

1004AA

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Up Through Minimum Guaranteed Quantity: 7 round-trips / 12-month

1004AB

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Estimated Quantity Beyond Minimum Guaranteed Quantity: 3 round-trips / 12-month

1004AC

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Up Through Minimum Guaranteed Quantity: 7 one-way trips / 12-month

1004AD

FFP

OPTION ONE PERIOD Performance Period: 1 Oct 2009 to 30 Sep 2010 Estimated Quantity Beyond Minimum Guaranteed Quantity: 3 one-way trips / 12-month

FFP

Performance Period: 1 Oct 2009 to 30 Sep 2010

Demurrage charge (Refer to paragraph 1.4.7. of the PWS) for:

100501 Escorting 2-ton cargo truck at Y_________ per half hour per truck.

100502 Escorting 3-ton cargo truck at Y_________ per half hour per truck.

100503 Escorting 4-ton truck at Y_________ per half hour per truck.

100504 Escorting 8-ton truck at Y__________ per half hour per truck.

100505 Escorting 10-ton truck at Y_________ per half hour per truck.

100506 Escorting 12-ton truck at Y_________ per half hour per truck.

FFP

Performance Period: 1 Oct 2010 to 30 Sep 2011 Between YOKOTA AIR BASE, Fussa-shi, Tokyo-to

2001AA

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Up Through Minimum Guaranteed Quantity: 18 round-trips / 12-month

2001AB

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Estimated Quantity Beyond Minimum Guaranteed Quantity: 8 round-trips / 12-month

2001AC

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Up Through Minimum Guaranteed Quantity: 18 one-way trips / 12-month

2001AD

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Estimated Quantity Beyond Minimum Guaranteed Quantity: 8 one-way trips / 12-month

FFP

Performance Period: 1 Oct 2010 to 30 Sep 2011 Between YOKOTA AIR BASE, Fussa-shi, Tokyo-to

2002AA

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Up Through Minimum Guaranteed Quantity: 11 round-trips / 12-month

2002AB

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 round-trips / 12-month

2002AC

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Up Through Minimum Guaranteed Quantity: 11 round-trips / 12-month

2002AD

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 one-way trips / 12-month

FFP

Performance Period: 1 Oct 2010 to 30 Sep 2011 Between YOKOTA AIR BASE

2003AA

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Up Through Minimum Guaranteed Quantity: 11 round-trips / 12-month

2003AB

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 round-trips / 12-month

2003AC

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Up Through Minimum Guaranteed Quantity: 11 one-way trips / 12-month

2003AD

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Estimated Quantity Beyond Minimum Guaranteed Quantity: 5 one-way trips / 12-month

FFP

Performance Period: 1 Oct 2010 to 30 Sep 2011 Between YOKOTA AIR BASE

2004AA

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Up Through Minimum Guaranteed Quantity: 7round-trips / 12-month

2004AB

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Estimated Quantity Beyond Minimum Guaranteed Quantity: 3 round-trips / 12-month

2004AC

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Up Through Minimum Guaranteed Quantity: 7 one-way trips / 12-month

2004AD

FFP

OPTION TWO PERIOD Performance Period: 1 Oct 2010 to 30 Sep 2011 Estimated Quantity Beyond Minimum Guaranteed Quantity: 3 one-way trips / 12-month

FFP

Performance Period: 1 Oct 2010 to 30 Sep 2011

Demurrage charge (Refer to paragraph 1.4.7. of the PWS) for:

200501 Escorting 2-ton cargo truck at Y_________ per half hour per truck.

200502 Escorting 3-ton cargo truck at Y_________ per half hour per truck.

200503 Escorting 4-ton truck at Y_________ per half hour per truck.

200504 Escorting 8-ton truck at Y_________ per half hour per truck.

200505 Escorting 10-ton truck at Y_________ per half hour per truck.

200506 Escorting 12-ton truck at Y_________ per half hour per truck.

ESTIMATED TOTAL AMOUNT

Estimated Total Amount For Basic Contract

(from 1 Oct 2008 to 30 Sep 2009)

Estimated Total Amount For Option One

(from 1 Oct 2009 to 30 Sep 2010)

Estimated Total Amount For Option Two

(from 1 Oct 2010 to 30 Sep 2011)

Estimated Grand Total:

Note 1: The Government contemplates award of an Indefinite-Delivery Indefinite-Quantity type contract.

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

Note 3: Offers submitted in response to this solicitation shall be in terns of either U.S. dollar or Japanese yen. If an offer is submitted in Japanese yen, a conversion rate of 114.7781 to US$1.00 will be used for eveluation purpose.

Addenda to SF 1449

Block 17b of SF 1449, Remittance Address:

If the remittance address is different from the mailing address, enter the remittance address below. The remittance address is used in the event the Government is unable to make the payment by Electronic Funds Transfer and sends a check to the Contractor. Failure to provide this information may impact payment.

Block 18b of SF 1449, Payment and Invoicing office is as follows:

730th Air Mobility Squadron

Unit 5114 BLDG79

Yokota Air Base

Fussa-shi Tokyo 197-0001

Block 25 of SF 1449, Accounting and Appropriation Data:

Accounting and appropriation data will be cited on each task order stated in the clause FAR 52.216-18.

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

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

(1) 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.

(2) 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.

(3) 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.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (APR 2008)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul

2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (4) [Reserved]

___ (5) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (8) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (9) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business

Concerns (Sep 2005)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and

Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting

(Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May

2004) (15 U.S.C. 657 f).

___ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C.

632(a)(2)).

___ (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

___ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O.

13126).

X (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

X (20) 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).

X (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

X (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

X (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(Dec 2004) (E.O. 13201).

X (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

___ (ii) Alternate I (Aug 2007) of 52.222-50.

___ (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Products (Aug 2000)(42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

___ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (27) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer

Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (28) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d).

___ (29) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Aug 2007) (41

U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-

169).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (31) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

___ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

___ (35) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10

U.S.C. 2307(f)).

X (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct.

2003)(31 U.S.C. 3332).

___ (37) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor

Registration (May 1999)(31 U.S.C. 3332).

___ (38) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (40) (i) 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).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41

U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple

Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb

2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 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.).

___ (6) 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.).

___ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this 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 and 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 type and 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.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, 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 $550,000 ($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 (June 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), flow down required for all subcontracts subject to the Service Contract Act of 1965 (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)

DFARS 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2008)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

X 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10

U.S.C. 2416).

(2) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C.

637).

(3) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (APR 2007) (15 U.S.C.

637 note).

(4) ____ 252.225-7001, Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C.

10a-10d, E.O. 10582).

(5) ____ 252.225-7012, Preference for Certain Domestic Commodities (MAR 2008) (10 U.S.C.

2533a).

(6) ____ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).

(7) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

(8) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section

8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(9) ____ 252.225-7021, Trade Agreements (MAR 2007) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(10) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22

U.S.C. 2779).

(11) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22

U.S.C. 2755).

(12)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments

Program (MAR 2007) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (OCT 2006) of 252.225-7036.

(13) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(14) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

(15) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(16) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C.

2321).

(17) X 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR

2008) (10 U.S.C. 2227).

(18) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006)

(Section 1092 of Public Law 108-375).

(19) X 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(20)(i) X 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ____ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) ____ Alternate III (MAY 2002) of 252.247-7023.

(21) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C.

2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C.

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section

1092 of Public Law 108-375).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(End of clause)

FAR 52.204-2 SECURITY REQUIREMENTS

(AUG 1996)

FAR 52.216-18

ORDERING

(OCT 1995)

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

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 Oct 2008 (This is a start date for escort services) through 30 Sep 2009 (1 Oct 2009 through 30 Sep 2010 if Option One is exercised and 1 Oct 2010 through 30 Sep 2011 if Option Two is exercised).

FAR 52.216-19

ORDER LIMITATIONS

For the purpose of this clause, the blanks are completed as follows:

(a) One (1) trip (b)(1) three (3) vehicles with two cargo escorts (two cargo escort personnel per vehicle) per day (b)(2) three (3) vehicles with two cargo escorts (two cargo escort personnel per vehicle) per day

(b)(3) One (1) day (d) One (1) hour after receipt of the order from the ordering officer

(delete the term day after issuance)

FAR 52.216-22

INDEFINITE QUANTITY

(d) the contractor shall not be required to make any deliveries under this contract after 5 Oct 2009 (Basic Period), 5 Oct 2010 (Option One, if Option One is exercised) and 5 Oct 2011 (Option Two, if Option Two is exercised).

FAR 52.217-8

OPTION TO EXTEND SERVICES

(NOV 1999)

(The first sentence is modified to read The Government may require continued performance of any services within the limits and at the rates for the period of performance immediately preceding the period of extended services. The second sentence is deleted in its entirety.) For the purpose of this clause the blank is completed as follows:

within 60 days before the contract expires.

Note: Since these services will be performed strictly in the country of Japan, the contractor is required to follow the labor standards of Japan. The rates will not be adjusted as a result of revisions to prevailing labor rates provided by the Secretary of Labor, as applicable to contracts performed in the United States.

FAR 52.217-9

OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

For the purpose of this clause, the blanks are completed as follows:

(a) 45 days before the contract expires; 60 days

(c) 42 months.

FAR 52.225-14

INCONSISTENCY BETWEEN ENGLISH VERSION AND

(FEB 2000)

TRANSLATION OF CONTRACT

FAR 52.232-18

AVAILABILITY OF FUNDS

(APR 1984)

FAR 52.245-1

GOVERNMENT PROPERTY

(JUN 2007)

DFARS 252.204-7000

DISCLOSURE OF INFORMATION

(DEC 1991)

DFARS 252.204-7003

CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT

(APR 1992)

DFARS 252.204-7005

ORAL ATTESTATION OF SECURITY RESPONSIBILITIES

(NOV 2001)

DFARS 252.222-7002

COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS)

(JUN 1997)

DFARS 252.225-7005

IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES

(JUN 2005)

DFARS 252.225-7041

CORRESPONDENCE IN ENGLISH

(JUN 1997)

DFARS 252.225-7043

ANTITERRORISM/FORCE PROTECTION POLICY FOR

(MAR 2006)

DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

(d) None.

DFARS 252.232-7008

ASSIGNMENT OF CLAIMS (OVERSEAS)

DFARS 252.233-7001

CHOICE OF LAW (OVERSEAS)

AFFARS 5352.201-9101

OMBUDSMAN

(AUG 2005)

(c) Name:

Michael E. Debreczeni, Lt Col, USAF

Address:

374th 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, Frederick Mark, HQ PACAF/A7KP, Hickam AFB, HI 96835-5427, Phone No: 808-449-8572, 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.

AFFARS 5352.204-9000

NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND

(APR 2003)

VISITOR GROUP SECURITY AGREEMENTS

(The first sentence of paragraph (a) is modified to reduce the number of days from thirty to fifteen to read as follows: “(a) At least fifteen days prior to beginning operations, notify the security police activity shown in the distribution block of the DD Form 254 as to:)”

AFFARS 5352.242-9000

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS

(AUG 2007)

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

(b) None

YSP005

CONTRACTS TO BE PERFORMED IN JAPAN

The Status of Forces Agreement between the United States and Japan (SOFA) governs the rights and obligations of the United States armed forces in Japan. Unless a contractor is present in Japan solely to perform under a contract with the United States for the sole benefit of the United States armed forces in Japan and is accorded privileges under SOFA Article XIV, it and its employees shall be subject to all the laws and regulations of Japan. Certain contractor employees and their dependents not accorded privileges under SOFA Article XIV may be accorded privileges under SOFA Article I(b). Dependents of contractors or of contractor employees who receive SOFA Article XIV status do not receive SOFA status under SOFA Article XIV or SOFA Article I(b) based on their status as dependents. The Contractor shall comply with the instruction of the Contracting Officer concerning the entry of its employees, equipment, and supplies into Japan, and shall comply with all applicable Japanese laws and regulations as well United States Forces Japan (USFJ) and USFJ component policies and regulations during the performance of this contract.

YSP006

SOFA ARTICLE XIV STATUS

(a) Awardee may apply for Article XIV status under the United States – Japan Status of Forces Agreement (SOFA). Offers shall be prepared based on the assumption that SOFA Article XIV status will be granted by Government in consultation with the Government of Japan. If the Government determines that Awardee does not qualify for SOFA Article XIV status or that SOFA Article XIV status is otherwise inappropriate, an equitable adjustment shall be made to the cost/price and other appropriate terms of the contract. Persons, including corporations organized under the laws of the United States, and their employees who are ordinarily resident in the United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces may acquire privileged status under SOFA Article XIV. Such contractors and contractor employees are eligible for agency privileges and benefits under the SOFA but otherwise remain subject to the laws and regulations of Japan. Neither SOFA Article XIV nor SOFA Article I(b) status and privileges extend to dependents of SOFA Article XIV contractors or contractor employees.

(b) Procedures.

(1) Formal application for SOFA Article XIV status shall be made to HQ USFJ only after the contract has been awarded and the contractor’s place of operation in Japan has been determined.

(2) A contractor seeking SOFA Article XIV status for itself and its employees shall submit the following to the Contracting Officer as part of its offer:

(i) Proof that the contractor is a person ordinarily resident in the United States or a corporation organized under the laws of the United States and that its presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces; and

(ii) Proof that the contractor’s employees are persons ordinarily resident in the United States and that their presence in Japan is solely for the purpose of performing work under contracts with the United States for the benefit of the United States armed forces.

(3) The Contracting Officer shall make the initial determination whether the contractor qualifies for SOFA Article XIV status. Upon a determination of qualification, the Contracting Officer shall forward a request for designation through component channels to Commander, United States Forces, Japan, ATTN: USFJ/J5, Unit 5068, APO AP 96328. The request shall include the items requested in subparagraph (b)(2), a full explanation of the necessity of using a United States contractor, and relevant documentation. See USFJ Instruction 64-102 for further details.

(4) HQ USFJ shall make the final determination on the contractor’s SOFA Article XIV status upon consultation with the Government of Japan.

(5) Upon receipt of HQ USFJ approval, the Contracting Officer shall issue Letters of Identification indicating SOFA Article XIV status has been granted to the contractor and contractor employees.

(6) Once a contractor has been designated under SOFA Article XIV, it is not necessary that it be re-designated if a follow-on contract is awarded to that contractor; provided the new contract does not involve a material change from the work under which the SOFA Article XIV designation was originally granted and there is no significant delay between completion of the existing contract and initiation of performance under the follow-on contract.

(c) SOFA Article XIV privileges and benefits. In accordance with SOFA Article XIV, paragraphs 3 through 8, upon certification by appropriate United States authorities as to their identity, such persons and their employees shall be accorded the following benefits of the SOFA. Note: Privileges and benefits afforded under SOFA Article XIV do not extend to dependents/family members.

(1) Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V, paragraph 2;

(2) Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX;

(3) Exemption from customs duties and other such charges on furniture and household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through United States military post offices as provided for in SOFA Article XI, paragraph 3;

(4) If authorized by the installation commander or designee, the right to use Navy exchanges, post exchanges, base exchanges, commissaries, messes, social clubs, theaters, newspapers and other non-appropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV;

(5) The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX, paragraph 2;

(6) The use of postal facilities as provided for in SOFA Article XXI;

(7) Exemption from the laws and regulations of Japan with respect to terms and conditions of employment except that such exemption shall not apply to the employment of local nationals in Japan;

(8) Exemption from taxes and similar charges of Japan on depreciable assets except houses, held, used, or transferred for the execution of contracts referenced in subparagraph (a);

(9) Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan. No exemption from taxes payable for the use of roads by private vehicles is provided under SOFA Article XIV;

(10) Exemption from income or corporation taxes of the Government of Japan or any other taxing agency in Japan on any income derived under a contract made in the United States with the Government of the United States in connection with the construction, maintenance or operation of any of the facilities or area covered by the SOFA. The provisions of this paragraph do not exempt such persons from payment of income or corporation taxes on income derived from Japanese sources;

(11) Japan authorities have the right to exercise jurisdiction over SOFA personnel in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the United States.

YSP007

SOFA ARTICLE I(b) STATUS

(a) SOFA Article I(b) status. Individuals including, but not limited to, technical advisors, consultants, entertainers serving under contracts with the United States for the provision of services in support of U.S. armed forces in Japan, and whose presence is required in Japan to provide such services, may acquire SOFA status in Japan as part of the civilian component under Article I(b) of the SOFA. SOFA Article I(b) does not create a lawful status in Japan for any entity other than individuals (e.g., the company employing the individual). To qualify for SOFA status under SOFA Article I(b), such individuals must be:

(1) United States nationals,

(2) not ordinarily resident in Japan,

(3) present in Japan at the invitation of, and solely for the purpose of executing contracts with, the United States for the benefit of the United States armed forces, and

(4) not contractors or employees of a contractor whose presence in Japan is solely for the purpose of executing contracts within the definition of SOFA Article XIV.

(b) SOFA Article I(b)…