RFP FA5209-09-R-0003.pdf

INFORMATION TO OFFERORS OR QUOTERS

SECTION A - COVER SHEET

1. SOLICITATION NUMBER

FA5209-09-R-0003

2. (X one)

a. INVITATION FOR BID (IFB)

b. REQUEST FOR PROPOSAL (RFP)

c. REQUEST FOR QUOTATION (RFQ)

INSTRUCTIONS

NOTE: The provision entitled "Required Central Contractor Registration" applies to most solicitations.

1. If you are not submitting a response, complete the information in Blocks 9 through 11 and return to the issuing office in Block 4 unless a different return address is indicated in Block 7.

2. Offerors or quoters must include full, accurate, and complete information in their responses as required by this solicitation (including attachments). "Fill-ins" are provided on Standard Form 18, Standard Form 33, and other solicitation documents. Examine the entire solicitation carefully. The penalty for making false statements is prescribed in 18 U.S.C. 1001.

3. Offerors or quoters must plainly mark their responses with the Solicitation Number and the date and local time for bid opening or receipt of proposals that is in the solicitation document.

4. Information regarding the timeliness of response is addressed in the provision of this solicitation entitled either "Late Submissions, Modifications, and Withdrawals of Bids" or "Instructions to Offerors - Competitive Acquisition".

4. ISSUING OFFICE (Complete mailing address, including ZIP Code)

374 CONS/LGCA

UNIT 5228, BLDG 620

YOKOTA AIR BASE, FUSSA-SHI, TOKYO

197-0001

5. ITEMS TO BE PURCHASED (Brief description)

Project No. V-08-603, IDIQ Contract for Paving and Fencing at Hiroshima Areaa, Japan

6. PROCUREMENT INFORMATION (X and complete as applicable)

a. THIS PROCUREMENT IS UNRESTRICTED

b. THIS PROCUREMENT IS % SET-ASIDE FOR SMALL BUSINESS. THE APPLICABLE NAICS CODE IS:

7. ADDITIONAL INFORMATION

1. Standard Forms 18 & 33 in Para 2 of the above NOTE are hereby replaced with "Standard Form 1442".

2. Each Offeror is urged to read a letter, entitled "Policies and Procedures for Doing Business with the U.S. Government" attached to this form.

8. POINT OF CONTACT FOR INFORMATION

a. NAME (Last, First, Middle Initial) OHKUBO, Eiki

b. ADDRESS (Include Zip Code) See Block 4

c. TELEPHONE NUMBER (Include Area Code and Extension)

042-552-1046

DD FORM 1707, FEB 2002 PREVIOUS EDITION IS OBSOLETE.

Form Approved OMB No. 9000-0002 Expires Oct 31, 2004

3. DATE/TIME RESPONSE DUE

c. THIS PROCUREMENT IS % SET-ASIDE FOR HUB ZONE CONCERNS. THE APPLICABLE NAICS CODE IS:

d. THIS PROCUREMENT IS RESTRICTED TO FIRMS ELIGIBLE UNDER SECTION 8(a) OF THE SMALL BUSINESS ACT.

d. E-MAIL ADDRESS eiki.ohkubo@yokota.af.mil

9. REASONS FOR NO RESPONSE (X all that apply)

a. CANNOT COMPLY WITH SPECIFICATIONS

b. UNABLE TO IDENTIFY THE ITEM(S)

c. CANNOT MEET DELIVERY REQUIREMENT

d. DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

e. OTHER (Specify)

10. MAILING LIST INFORMATION (X one)

WE DO DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE INVOLVED.

11a. COMPANY NAME b. ADDRESS (Include Zip Code)

c. ACTION OFFICER

(1) TYPED OR PRINTED NAME (Last, First, Middle Initial) (2) TITLE

(3) SIGNATURE (4) DATE SIGNED

(YYYYMMDD)

The public reporting burden for this collection of information is estimated to average 35 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports (9000-0002), 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person will be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE ADDRESS IN BLOCK 4 BELOW.

FOLD

FOLD

FROM AFFIX

STAMP

HERE

SOLICITATION NUMBER

FA5209-09-R-0003

DATE (YYYYMMDD) LOCAL TIME

DD FORM 1707 (BACK), FEB 2002

WT5J0M83190939

SEE SCHEDULE

ENTER PRICES (YEN) IN EXHIBITS (A, B, C, D AND E) IN SECTION J.

USE TYPEWRITER OR BLACK INK.

THIS ACQUISITION IS UNRESTRICTED, HOWEVER, THIS SOLICITATION INCLUDES CLAUSES AUTHORIZED FOR THE PURPOSE OF

CONSTRUCTION EFFORT IN JAPAN: FAR 52.236-7 (MODIFIED IAW AFFARS 5336.507, TO READ “GOVERNMENT OF JAPAN”) AND DFARS

252.225-7042, UNDER WHICH OFFERORS ARE REQUIRED TO BE THE FIRMS THAT HAVE BEEN REGISTERED AND HOLD A CONSTRUCTION

CONTRACTOR LICENSE UNDER THE LAW OF JAPAN.

BLOCK 11, 12A, 12B AND 13B BELOW – THESE ITEMS ARE APPLICABLE TO INDIVIDUAL TASK ORDER(S).

EIKI OHKUBO 042-552-1046

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

20-Feb-2009

(RFP)

(IFB)

X

CALL:

IDIQ Contract for Paving & Fencing at Hiroshima Area

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________23 Mar 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All of fers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

374TH CONTRACTING SQUADRON

UNIT 5228, BLDG 620, YOKOTA AB

FUSSA-SHI, TOKYO 197-0001 JAPAN

FA5209

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

V-08-603

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

FA5209-09-R-0003 26

*52.211-10 in Section I

See Section YCH005

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specified below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

RFP No. FA5209-09-R-0003 Page 2 of 26 pages

Section B - Supplies or Services and Prices

Individual Pricing Schedule in support of CLIN 0001 for Basic Period, CLIN 1001 for Option One Period, CLIN 2001 for Option Two Period, CLIN 3001 for Option Three Period and CLIN 4001 for Option Four Period is attached to Exhibits A through E in Section J.

ITEM NO SUPPLIES/SERVICES

Basic Period:

FFP

*One year from the date of contract award Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for Paving and Fencing at Hiroshima Area, Japan, consisting of unit price items listed on Exhibit A in Section J.

The Contractor shall perform the services IAW Attachment 1, Contract Specifications, in Section J and as identified on each Task Order issued against this contract.

*Specific dates will be specified for the Basic and the Options upon award.

NSN: Z222-0V-008-0603

PURCHASE REQUEST NUMBER: WT5J0M83190939

SIGNAL CODE: A

Estimated Amount

OPTION Option One Period:

FFP

*For a period of one year subsequent to basic period completion.

IDIQ Contract for Paving and Fencing at Hiroshima Area, Japan, consisting of unit price items listed on Exhibit B in Section J.

The Contractor shall perform the services IAW Attachment 1, Contract Specifications, in Section J and as identified on each Task Order issued against this contract.

NSN: Z222-0V-008-0603

OPTION Option Two Period:

FFP

*For a period of one year subsequent to option one period completion.

IDIQ Contract for Paving and Fencing at Hiroshima Area, Japan, consisting of unit price items listed on Exhibit C in Section J.

The Contractor shall perform the services IAW Attachment 1, Contract Specifications, in Section J and as identified on each Task Order issued against this contract.

NSN: Z222-0V-008-0603

OPTION Option Three Period:

FFP

*For a period of one year subsequent to option two period completion.

IDIQ Contract for Paving and Fencing at Hiroshima Area, Japan, consisting of unit price items listed on Exhibit D in Section J.

The Contractor shall perform the services IAW Attachment 1, Contract Specifications, in Section J and as identified on each Task Order issued against this contract.

NSN: Z222-0V-008-0603

OPTION Option Four Period:

FFP

*For a period of one year subsequent to option three period completion.

IDIQ Contract for Paving and Fencing at Hiroshima Area, Japan, consisting of unit price items listed on Exhibit E in Section J.

The Contractor shall perform the services IAW Attachment 1, Contract Specifications, in Section J and as identified on each Task Order issued against this contract.

NSN: Z222-0V-008-0603

NOTE: Prices are not required in this section (refer to YCL004, paragraph D.1 in Section L).

YCB001 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) Sections K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

YCB002 CONTRACT MINIMUM/MAXIMUM VALUE

(a) In accordance with the requirements of FAR 52.216-22 (Section I), the minimum contract value of work that will be ordered through the issuance of task order under this contract shall be Y9,000,000 for the life of the contract.

The maximum value of the task orders that can be ordered under the provisions of this contract shall not exceed Y900,000,000 for the life of the contract.

(b) The government will obligate the minimum guarantee at the time of awarding the basic contract, by issuing a task order the value of which is equal to or greater than the minimum guarantee.

(c) If the Government orders work in excess of the minimum but not up to the maximum amount as established for the life of the contract, this circumstance shall not constitute the basis for an equitable adjustment in price.

YCB003 STATUTORY COST LIMITATION

Project(s) to be ordered through issuance of task order under this contract may be subject to Statutory Cost Limitation of $750,000 (or Yen equivalent). Refer to DFARS 252.236-7006, Cost Limitation, in Section L.

Section C - Descriptions and Specifications

YCC001 STATEMENT OF WORK

The Contractor shall perform the services set forth in Section B in accordance with the contract specifications listed in Section J, and other terms and conditions of this contract.

YCC002 PREPARATION OF MATERIAL APPROVAL SUBMITTALS

Within 10 calendar days after commencement of work or as otherwise established by the Contracting Officer, material descriptive data, shop drawings and other submittals as required by the contract specifications shall be submitted to the Contracting Officer for approval. The submittals contemplated by the clause at FAR 52.236-5, Material and Workmanship, in Section I shall be accomplished on and in accordance with the instructions pertaining to AF Form 3000, Material Approval Submittals.

Section E - Inspection and Acceptance

52.246-12 Inspection of Construction AUG 1996

YCE001 INSPECTION AND ACCEPTANCE (IAW FAR 46.401(b) and 46.503)

Inspection and acceptance will be at destination of each project specified in Task Order.

YCE002 FINAL INSPECTION

Final inspection of individual project(s) in Task Order will be conducted Monday through Friday only, between the hours of 8:00 A.M. and 4:00 P.M. The United States Government will perform the inspection within 24 hours after notification by the contractor. Final inspection falling on weekends or U.S. legal holidays will be done the following workday. Extension due to weekends or U.S. legal holidays will not be considered as part of the performance period.

Section F - Deliveries or Performance

YCF001 PLACE OF PERFORMANCE

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

Pier 6, Kawakami Ammunition Depot, Akizuki Ammunition Depot and Hiro Ammunition Depot), Hiroshima-ken, Japan.

YCF002 NOTICE TO PROCEED

The Notice to Proceed for individual project(s) in Task Order shall be issued by the government normally within 45 calendar days after award or as stated on each Task Order. In the latter case, the Contracting Officer reserves the right to determine the issue date of any notice to proceed.

YCF004 CONTRACT PERIOD

The contract provides a Basic period and four (4) one-year option periods. The contract periods under this contract are as follows:

Basic Period: One year from the date of award

Option One Period: One year from the completion date of Basic Period (if exercised)

Option Two Period: One year from the completion date of Option One Period (if exercised)

Option Three Period: One year from the completion date of Option Two Period (if exercised)

Option Four Period: One year from the completion date of Option Three Period (if exercised)

Note: “One year” means a period of 365 calendar days or 366 calendar days when containing an extra day of leap year.

YCF005 PERFORMANCE TIME FOR EACH PROJECT IN TASK ORDER

The Contractor shall schedule individual project work to be completed within the time specified in Task Order in compliance with Section 01 11 00, paragraph 1.4 of the contract specifications attached in Section J after Notice to Proceed is issued under the clause at FAR 52.211-10 in Section I.

Section G - Contract Administration Data

YCG001 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data will be cited on Task Order to be issued under TASK ORDERS in Section H.

YCG002 CONTRACT ADMINISTRATION

The Contracting Officer will provide to the Contractor a listing of the names of the Administrative Contracting Officer, Contract Administrator, and Construction Inspector, their organizational codes and telephone numbers at the time of award or at the pre-performance conference. The Construction Inspector is the Contracting Officer’s Representative as defined and designated under the clause at DFARS 252.201-7000 in Section I.

Section H - Special Contract Requirements

YCH003 VEHICLE INSURANCE

All the Contractor’s vehicles accessing Army installations must cover the automobile liability insurance in the types and minimum amounts specified below:

(a) Bodily Injury

Y30,000,000 per person per occurrence, in addition to the Japanese Compulsory Insurance (JCI)

(b) Property Damage Y3,000,000 per occurrence

YCH005 PERFORMANCE BOND

(a) The penal amount of performance bond (Standard Form 25) for individual task orders issued during the life of this contract shall be 100 percent of the contract price of each task order. The contractor shall submit the performance bond not later than 21 calendar days after award of task order. The contractor shall ensure the date for performance bond submission before the Notice to Proceed. No payment bond is required.

(b) 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 clause, FAR 52.249-10 entitled Default (Fixed-Price Construction).

(c) The cost for performance bonds required in this contract shall be included in the original proposal and no further adjustment to the contract shall be made. Corporate sureties who support the performance bonds shall be those authorized to underwrite such bonds by the Government of Japan.

YCH006 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The schedules and reports prescribed by the clause at FAR 52.236-15, Schedules for Construction Contracts, in Section I shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule and AF Form 3065, Contract Progress Report.

YCH008 DEFINITION OF GOVERNMENT

As used in this solicitation/contract the term Government shall refer to United States Government unless express reference to a different named government is made. In addition, the words Federal, States, and municipal in the clause at FAR 52.236-7, Permits and Responsibilities, are hereby modified to read host government and its political subdivisions.

YCH009 TASK ORDERS

(a) Pursuant to FAR Clause 52.216-18, Ordering, in Section I, the following activity is the only office authorized to issue task orders for any supplies or services to be furnished under this contract.

374th Contracting Squadron/LGCA Unit 5228, Bldg 620, Yokota Air Base Fussa-shi, Tokyo, 197-0001, Japan

(b) All task orders are subject to the terms and conditions of the contract. In the event of conflict between task order and this contract, the contract shall control.

(c) As the need arises for performance under the terms of this contract, the Contracting Officer or his authorized representative shall notify the Contractor of an existing requirement. Within 3 working days from this notification, the Contracting Officer and/or the Contract Administrator, the Civil Engineering representative, and the Contractor shall visit the proposed work site to review the scope of the requirement. The Government shall provide necessary information/design documents to determine the scope of work.

(d) After the site visit and discussion of the project requirement, the Contractor shall prepare its proposal by listing the sub-line items in Exhibit (X) applicable to the contract period and quantities required for accomplishment of the work and submit it to the Contracting Officer. The time within which to submit the proposal after the site visit shall be as mutually agreed to between the Contracting Officer and Contractor, but in no case shall be more than 10 working days.

(e) The Contracting Officer shall evaluate the proposal, and conduct negotiations with the Contractor as required, and reach mutual agreement on such items as the individual sub-line items and quantities required to be performed.

(f) Task Orders shall be issued to the Contractor on DD Form 1155. Each Task Order shall include as a minimum the following information:

(1) Date of Task Order

(2) Contract number, Task Order number and lump sum price

(3) Project number(s) and price(s), and Scope of Work

(4) Reference to any Design documents

(5) Accounting and Appropriation data

(6) Notice to Proceed and Performance Time for each project

(7) Any other pertinent data

(g) After issuance of a task order and receipt of a performance bond by the government, a written Notice to Proceed (NTP) for each project in a task order shall be issued to the contractor in accordance with Section YCF002.

The contractor shall begin performance within 10 calendar days following receipt of the written NTP and complete each work under the task order within the time set forth in the task order in accordance with YCF005 PERFORMANCE TIME FOR EACH PROJECT IN TASK ORDER in Section F.

(h) When each project amount ordered in Task Order exceeds $100,000 (or Yen equivalent) and/or the period of actual work performance exceeds 60 days, the clause at 52.236-15 in Section I as well as Section YCH006, PREPARATION OF PROGRESS SCHEDULES AND REPORTS above will become applicable.

YCH010 CONCILIATION

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 in accordance with paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and United States of America. Requests by the Contractor for conciliation shall be made in accordance with 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 in accordance with 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 Administration 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 pendency of his 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 his 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.

Pending the hearing of conciliation panel the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file a civil suit.

YCH011 UNANTICIPATED ITEMS

(a) The Government may require the provision of unanticipated items for projected task orders for supplies and services which are not covered by Unit Price items in Exhibits, Section J and are required to complete the basic intent and general scope of the contract work. Unanticipated items shall be only required in support of unit price items and accomplishing the project within the scope of contract work. Unanticipated items shall be a firm fixed price for the proposed work. The Contractor shall base the proposal of unanticipated items, by one of the following methods: By submitting (1) the direct cost estimates (for material, labor and equipment); (2) published catalog prices; or (3) at least two written price quotes from subcontractors/suppliers, with any applicable overhead, G&A and profit. The contractor shall provide the basis to substantiate the proposed unanticipated item price.

(b) If the contracting officer determines to be necessary, the proposed unanticipated item price, inclusive of quantitative estimates or others to be necessary, will be negotiated. Upon completion of the negotiations, unanticipated item for the work shall be incorporated as well as unit price items for the project completion and so noted in each task order. No further adjustments to unanticipated item shall be made upon order issuance. The contractor shall perform unanticipated item at the negotiated price.

YCH013 BASE DEFENSE ACT/WORKMAN'S COMPENSATION/WORK ON AN

OVERSEAS INSTALLATION

This contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Apr 1984), and FAR 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas (Apr 1984). FAR 52.228-3 applies only if the contractor has United States’ citizen or national employees, regardless of whether they have SOFA status or a status of residence in Japan. FAR 52.228-4 applies if the contractor has non-United States’ citizen or national employees. One or both clauses may apply to the contractor.

Section I - Contract Clauses

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/VFFARa.htm http://farsite.hill.af.mil/VFDFARa.htm http://farsite.hill.af.mil/vfaffara.htm

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions on Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity JAN 1997 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity JAN 1997 52.203-12 Limitation on Payments to Influence Certain Federal Transactions SEP 2007 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-10

Commencement, Prosecution, and Completion of Work (Applicable to each project in Task Order) For the purpose of this clause the blank(s) are completed as follows:

(a) within 10 calendar days

(c) not later than See Section YCF005

APR 1984

52.211-12

Liquidated Damages--Construction For the purposes of this clause the blank(s) are completed as follows:

(a) Y49,043 for the first day and Y30,522 for each additional day of delay in completing each project in task order

SEP 2000

52.211-13 Time Extensions SEP 2000 52.215-2 Audit and Records--Negotiation JUN 1999 52.216-18

Ordering

(a) Refer to Section YCF004, Contract Period

OCT 1995

52.216-19

Order Limitations (As used in this clause, the word “item” shall mean “project”) For the purposes of this clause the blank(s) are completed as follows:

(a) Y100,000

(b)(1) Y200,000,000 (b)(2) Y400,000,000 (b)(3) 5 days

(d) 2 days

Note: Section B, paragraph YCB002 establishes the minimum guaranteed amount that the Government is certain to award under the contract. The minimum order amount stated in FAR 52.216-19(a), Order Limitations, applies to task orders issued subsequent to the contract award.

52.216-22

Indefinite Quantity

(d) The Contractor shall not be required to make any deliveries under this contract after 150 days from the end date of the final performance period.

52.217-8

Option to Extend Services (The second sentence is deleted in its entirety) For the purpose of this clause, the blank is completed as follows:

within 30 days before the contract expires

Note: Since these services will be performed 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 are applicable to contracts performed in the United States. Therefore, continued performance of the contractual services may be required. If such performance is required, payment shall be made at the rates specified for the period of performance immediately preceding the period of extended services.

NOV 1999

52.217-9

Option to Extend the Term of the Contract For the purpose of this clause, the blank(s) are completed as follows:

(a) at least 30 days before the contract expires at least 60 days before the contract expires

(c) shall not exceed 66 months

MAR 2000

52.222-50 Combating Trafficking in Persons AUG 2007 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of Contract FEB 2000 52.228-2 Additional Bond Security OCT 1997 52.228-3 Workers' Compensation Insurance (Defense Base Act) APR 1984 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-11 Pledges Of Assets FEB 1992 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction NOV 2006 52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2008 52.232-19

Availability of Funds for the Next Fiscal Year For the purpose of this clause the blanks are completed as follows:

30 Sep 09 for Basic Period: 30 Sep 10 for Option One Period; 30 Sep 11 for Option

Two Period, 30 Sep 12 for Option Three Period and 30 Sep 13 for Option Four Period

52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-34 Payment by Electronic Funds Transfer--Other Than Central Contractor Registration

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

(b)(1) no later than 15 days prior to submission of the first request for payment

MAY 1999

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor

25 percent

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements APR 1984 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items MAR 2007 52.246-21 Warranty of Construction MAR 1994 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-3 Value Engineering-Construction SEP 2006 52.249-2 Termination For Convenience Of The Government (Fixed-Price) MAY 2004 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)(MAY 2004) - Alternate I SEP 1996 52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-4

Alterations in Contract Portions of this contract are altered as follows:

52.252-6

Authorized Deviations In Clauses For the purpose of this clause the blank(s) are completed as follows:

(b) Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2)

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies DEC 2008 252.204-7003 Control of Government Personnel Work Product APR 1992 252.205-7000 Provisions of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting with Firms That Are Owned or Controlled By The Government of a

Terrorist Country

DEC 2006

252.222-7002 Compliance with Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials APR 1993 252.225-7005 Identification of Expenditures in the United States JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7044

Balance of Payments Program--Construction Material

(b)(2)All materials may be procured locally

JAN 2009

252.227-7033 Rights in Shop Drawings APR 1966 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001

Contract Drawings and Specifications

AUG 2000

(e) None

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 5352.201-9101 Ombudsman

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 <mailto: 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

AUG 2005

5352.223-9000

Elimination of Use of Class I Ozone Depleting Substances (ODS)

(c) None

APR 2003

Section J - List of Documents, Exhibits and Other Attachments

NUMBER TITLE NUMBER OF PAGES

Exhibit A Schedule of Indefinite Quantity Work for Basic Period 4 pages

Exhibit B Schedule of Indefinite Quantity Work for Option One Period 4 pages

Exhibit C Schedule of Indefinite Quantity Work for Option Two Period 4 pages

Exhibit D Schedule of Indefinite Quantity Work for Option Three Period 4 pages

Exhibit E Schedule of Indefinite Quantity Work for Option Four Period 4 pages

Attachment 1 Contract Specification for Project No. Project No. V-08-603, IDIQ

Contract for Paving and Fencing at Hiroshima Area, dated 12 Nov 08 175 pages

Attachment 2 Reserved

Attachment 3 Reserved

Attachment 4 Past Performance Reference List

(This attachment will not be part of the resulting contract.)

2 pages

Attachment 5 Past Performance Questionnaire

(This attachment will not be part of the resulting contract.)

2 pages

Section K - Representations, Certifications and Other Statements of Offerors

52.203-2

Certificate Of Independent Price Determination

(b)(2)(i) (insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization)

APR 1985

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.204-3

Taxpayer Identification

(d) Taxpayer Identification (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.

(e) Type of organization.

Sole proprietorship;

Partnership;

Corporate entity (non tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other

(f) Common parent.

Offeror is not owned or controlled by a common parent;

Name and TIN of common parent:

Name

TIN

OCT 1998

52.209-5

Certification Regarding Responsibility Matters

(a)(1)(i)(A) Are are not

(B) Have have not

(C) Are are not

(D) Have have not

(ii) has has not

DEC 2008

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country OCT 2006

YCK001 EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES

(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. These 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) If you are the successful offeror, the Contracting Officer or his authorized representative will issue customs or tax exemption certificates as appropriate, relieving you from such customs duties or taxes in accordance with 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 applied 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 or Tax Type and Percentage or Tax Amount of Duty or Tax Excluded in Yen

Section L - Instructions, Conditions and Notices to Bidders

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/VFFARa.htm http://farsite.hill.af.mil/VFDFARa.htm http://farsite.hill.af.mil/vfaffara.htm

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.216-1

Type Of Contract For the purpose of this provision, the blank(s) are completed as follows:

Indefinite-Delivery/Indefinite-Quantity (IDIQ)

52.233-2

Service Of Protest For the purpose of this provision, the blank(s) are completed as follows:

(a) same as block 7, SF 1442

SEP 2006

52.236-27 Site Visit (Construction) FEB 1995 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I

For the purposes of this provision the blanks are completed as follows:

(b) An organized site visit has been scheduled for:

Reference Section L, Provision 5352.215-9001, Notice of Pre-bid/Pre-proposal Conference below.

FEB 1995

52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-5

Authorized Deviations In Provisions For the purposes of this provision the blank(s) is/are completed as follows:

(b) Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2).

252.204-7001 Commercial And Government Entity (CAGE) Code Reporting AUG 1999 252.211-7002

Availability For Examination Of Specifications, Standards, Plans, Drawings, Data Item Descriptions, And Other Pertinent Documents

Items may be examined at: Technical Library, Directorate of Public Works, US

Army Garrison Japan, Room 201, Bldg 102, South Camp Zama, Zama-shi, Kanagawa-ken, Japan.

DEC 1991

252.225-7042 Authorization to Perform APR 2003 252.236-7006

Cost Limitation Note: A statutory cost limitation (SCL) may apply to project(s) in individual Task Orders. In the event an SCL does apply, such applicability and the cost limitation will be notified to the contractor at the site visit and be indicated on the resultant Task order.

JAN 1997

5352.215-9001 Notice of Pre-bid/Pre-proposal Conference

(a) A pre-bid/pre-proposal conference will be conducted at Kure Pier No. 6, Hiroshima-ken, Japan on 5 Mar 09, 1315 hours for the purpose of answering questions

May 1996 regarding this solicitation. Participants must meet at Main Gate, Kure Pier No. 6 at

1300 hours on the same date.

(b) All offerors who will be attending the conference shall furnish in writing (fax or e-mail) the following information to EIKI OHKUBO, Fax 042-551-0973 or e-mail eiki.ohkubo.jp@yokota.af.mil prior to COB 2 Mar 09. NO EXCEPTIONS.

Company Name Address Phone Number Fax Number E-mail Address Name and Title of attendees Name and Title of POC

Note: Above information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees. Depending on numbers of offerors, numbers of attendees from each offeror may be limited to certain equal number. In case it is limited, the notification will be sent to each offeror’s POC by phone or e-mail at least 3 days prior to the conference. Each offeror shall adjust numbers of attendees as notified.

(c) Offerors are requested to submit questions to the above Fax or e-mail address not later than COB 2 Mar 09. 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. Questions received after this date may not be answered by the date set for the pre-proposal conference. Any questions that cannot be answered at the time of the pre-proposal conference will be answered as soon as possible.

(d) Conference meeting minutes to include any questions and answers will be furnished to all prospective bidders/offerors. All costs associated with attending the pre-proposal conference shall be borne by the Contractor.

(e) The government intends that ONLY ONE pre-bid/pre-proposal conference will be conducted under this solicitation.

YCL001 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS (IAW FAR 36.204(g))

The estimated total amount for the basic and all option periods is: Between Y571,503,500 and Y1,143,007,000.

Note: See Section YCB002 for CONTRACT MINIMUM/MAXIMUM VALUE.

YCL004 PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein.

Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals. Carefully review this section and its relationship to Section M prior to commencing proposal preparation. All solicitation amendments must be acknowledged in accordance with Section L, FAR 52.215-1, Instructions to offerors - Competitive Acquisition.

B. The contracting officer has determined that there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness of the price.

C. Offeror’s Past Performance Information, under existing and prior contracts for products or services similar in scope, size and complexity, will be evaluated through the assignment of a confidence assessment rating based on assessing performance risk, focusing on “Recency”, “Relevancy” and “Quality” of performance. The Past Performance Information will be used as an evaluation factor against which offerors’ price will be compared to assure best value to the Government. References other than those identified by the offeror may be contacted by the Government with information received used in the evaluation of the offeror’s past performance. Submit information on contracts that you consider relevant in demonstrating your ability to perform the proposed effort (See below paragraph D.2.b for Relevant Contracts).

D. Specific Instructions:

The response shall consist of two (2) separately bound parts, Part I - Price Proposal, and Part II - Past

Performance Information.

1. PART I – Price Proposal: Offerors shall include Section A, B, K and all Exhibits, if listed in Section J, in this part, and submit the proposal to arrive See Standard Form 1442, Block 13.A.

a. Section A – Complete blocks 14, 15, 19 (when any Amendment(s) to solicitation is issued), and 20 of the RFP Section A, Standard Form 1442. In doing so, the offeror agrees to the contract terms and conditions as written in the RFP, Sections A through K. An individual with authority to contractually bind your company must sign the Standard Form 1442 in accordance with FAR 4.102.

b. Section B – Not applicable.

c. Section K – Complete ALL the necessary fill-ins and required certifications and representations in their entirety.

d. All Exhibits (A through E) in Section J- Insert all the unit and total prices associated with the project in the schedule provided. Together with written price proposal, submit an electronic file of MS Excel spreadsheet for all completed Exhibits.

e. Offerors shall provide with the price proposal submitted in response to the RFP, a letter of intent from their surety asserting their ability to obtain performance bonding up to Y400,000,000.

f. If the offeror is a joint venture, provide a copy of the properly executed joint venture agreement.

2. PART II – Past Performance Information - Only references for same or similar type contracts desired.

Submit original plus one (1) copy. The response shall consist of (1) Past Performance Reference List and (2) Past Performance Questionnaires.

a. Required Documents

(1)…