Solicitation.rtf

file_0.wmf file_1.wmf file_2.wmf file_3.wmf

FA5209-08-T-0330

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, AND ANY OTHER ITEMS OR SERVICES NECESSARY TO PROVIDE JAPANESE ATTORNEY CONSULTANT SERVICE, CAMP ZAMA, JAPAN.

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each Y___________ Y_______________

Japanese Attorney Consultant, Camp Zama

FFP

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Attorney Consultant services in accordance with the attached performance-based work statement.

Period of Performance: 1 Dec 2008 through 30 Nov 2009

NSN: R418-AT-TOR-NEYS

PURCHASE REQUEST NUMBER: W91UVE8252L001

SIGNAL CODE: A

Y

NET AMT

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each Y____________ Y_____________

OPTION

Japanese Attorney Consultant, Camp Zama

FFP

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Attorney Consultant services in accordance with the attached performance-based work statement.

Period of Performance: 1 Dec 2009 through 30 Nov 2010

NSN: R418-AT-TOR-NEYS

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each Y____________ Y______________

OPTION

Japanese Attorney Consultant, Camp Zama

FFP

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Attorney Consultant services in accordance with the attached performance-based work statement.

Period of Performance: 1 Dec 2010 through 30 Nov 2011

NSN: R418-AT-TOR-NEYS

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each Y______________ Y_______________

OPTION

Japanese Attorney Consultant, Camp Zama

FFP

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Attorney Consultant services in accordance with the attached performance-based work statement.

Period of Performance: 1 Dec 2011 through 30 Nov 2012

NSN: R418-AT-TOR-NEYS

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each Y_____________ Y______________

OPTION

Japanese Attorney Consultant, Camp Zama

FFP

Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary for Attorney Consultant services in accordance with the attached performance-based work statement.

Period of Performance: 1 Dec 2012 through 30 Nov 2013

NSN: R418-AT-TOR-NEYS

Note 1: The government contemplates award of a 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:

United States Army Japan Office of the Staff Judge Advocate Unit 45005

APO AP 96343-5005

Camp Zama Zama-shi, Kanagawa-ken

PAYMENT OFFICE

Payment will be made by DFAS-JRLF-Army Vendor Pay

UNIT 5220 BLDG 206

APO AP 96328-5220

Block 25, SF 1449, Accounting and Appropriation Data:

Pursuant to Solicitation Clause, FAR 52.232-18, funds are not presently available for this requirement, but are expected shortly after 1 Oct 08. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

CONTRACT CLAUSES:

52.212-4 Contract Terms and Conditions--Commercial Items

FEB 2007

Addenda to Block 27a of SF 1449:

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

(c) Changes. The text is deleted and replaced as follows: FAR 52.217-8, Option to Extend Services, and 52.217-9, Option to Extend the Term of the Contract, has been added by addendum to this contract. In accordance with terms and conditions of the clause, the Contracting Officer may unilaterally exercise any option(s). All other changes to the terms and conditions of this contract shall be made only by written agreement of the parties.

(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.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2008) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall 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 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.

(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 $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 (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)), 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)

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

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5 (JUN 2008) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

252.225-7014 Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a).

252.237-7019 Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 30 days before contract expiration.

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. Therefore, payment shall be made at the rates specified for the period of performance immediately preceding the period of extended services.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at l east 30 days before the contract expire; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

Addenda to Block 27a of SF 1449

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.232-18 Availability of Funds

APR 1984

52.232-34 Payment By Electronic Funds Transfer—Other Than Central Contractor registration

MAY 1999

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.

52.233-4 Applicable Law for Breach of Contract Claim

OCT 2004

252.222-7002 Compliance With Local Labor Laws (Overseas)

JUN 1997

252.225-7041 Correspondence in English

252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States For the purpose of this clause the blank is completed as follows:

(d) None

MAR 2006

252.232-7008 Assignment of Claims (Overseas)

252.233-7001 Choice of Law (Overseas)

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

Addenda to Block 27a of SF 1449

LIST OF DOCUMENTS, EXHIBITS, OR ATTACHMENTS:

Attachment No. Title Date Number of Pages

1. Performance-based Work Statement 8 Sep 08 5 Pages

SOLICITATION PROVISIONS:

Addenda to Block 27a of SF 1449:

52.233-2 Service Of Protest For the purpose of this provision, the blank is completed as follows:

(a) Refer to Block 9 of SF 1449

SEP 2006

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

OCT 2006

52.212-1 Instructions to Offerors--Commercial Items

JUN 2008

Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2008)

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 – COMMERIAL ITEMS (JAN 1999)

A. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and past performance considered. The Government intends to make award to the lowest priced offeror with acceptable past performance. The following listed evaluation factors shall be used in the evaluation process:

1. Price: Initially, offers shall be ranked according to evaluated prices. The price evaluation will be made on the basis of the total price. A single award will result from this evaluation therefore, an offeror must propose on all items.

2. Past Performance:

(a) The Government will evaluate past performance information submitted from the lowest priced offeror under this acquisition. In the event that the lowest offeror fails to meet Government past performance acceptability standards as defined below, the offeror will be eliminated from consideration for award and the Government will then evaluate the next low offeror’s past performance. This process will continue until an offeror is found to have acceptable past performance.

(b) Offerors shall submit the most recent and relevant past and present contracts and subcontracts performed for the U.S. Government, the Government of Japan or political subdivisions and commercial customers within the last three (3) years. Past performance will be evaluated for recency, relevancy, and quality. The Contracting Officer shall evaluate past performance information based on (1) the references provided by the offeror and (2) data independently obtained from other Government and commercial sources. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in this solicitation based on the offeror’s demonstrated past performance on relevant contracts. Offerors with no relevant past performance history are treated neither favorably nor unfavorably however, the Government may use information obtained from other sources to determine a final past performance rating. Past performance evaluations will be performed based on the following criteria:

1. Recency: The Government will confirm whether contracts submitted by the offeror have been completed within the past 3 years from the solicitation release date or are currently in progress.

2. Relevancy: The Government will evaluate contracts submitted by the offeror to determine “Relevancy”. “Relevancy” is defined as “similar services” when compared to this solicitation in terms of actual services provided. The Government is not bound by the offeror's opinion of relevancy.

3. Quality: The Government will evaluate contracts submitted by the offeror to determine whether performance met or exceeded contractual requirements with few or no minor problems.

(c) Final Past Performance Rating: Based on evaluation results, the low offeror will be assigned either acceptable or not acceptable rating as follows:

Acceptable: Based on an assessment of past performance information submitted by the offeror, the Government has concluded that acceptable “Recency”, “Relevancy”, and “Quality” has been fully demonstrated.

Not Acceptable: Based on an assessment of past performance information submitted by the offeror, the Government has concluded that acceptable “Recency”, “Relevancy”, and “Quality” has not been fully demonstrated.

(d) Past Performance Reference List: Offeror’s shall submit a Past Performance Reference List to 374 CONS/LGCAB by e-mail (hiroko.takahashi.jp@yokota.af.mil) or FAX (042-551-0973) not later than 10 Oct 08. Offeror’s shall submit the reference list with a minimum of two (2) but no more than three (3) contracts. Furnish the following information for each reference:

(e) The offeror may provide information on problems encountered on the contracts identified in their Past Performance Reference List and corrective actions taken to resolve these problems. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk.

(End of Provision)

FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (JUN 2008) (WITH ALTERNATE I (APR 2002))

(Paragraphs (a), (b), (c), (d), (f), (g), (i), (k) and (m) are not applicable to this solicitation due to the non-applicability of FAR 19 and 22.)

(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 12689).

(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.

(4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

(l) 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 (l)(3) through (l)(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 _____________________.

(End of provision)