04._SF1442_(RFP11R0004)_Revised_by_Amendment_0014.pdf

FA5209-11-R-0004-0014

A. Project Title: Multiple Aw ard Construction Contract (MACC), Air Force Installation, Yokota Air Base and Off-base Sites, Japan

B. Description of Work: See Section B for details.

C. This acquisition is unrestricted; how ever, this solicitation includes clauses authorized for the purpose of construction effort in Japan: FAR

52.236-7 (modif ied IAW AFFARS 5336.507, to read "Government of Japan") and DFARS 252.225-7042, under w hich offerors are required to be the f irms that have been registered and hold construction contractor license under the law of Japan.

D. Penal amount of Performance Bond: Refer to Section H, YCH005, Section I, FAR 52.228-15, and Section L, YCL004, para.I.2.e.

E. See Section L, AFFARS 5352.215-9001 for details pertaining to the site visit and pre-proposal conference.

F. Block 11, 12A, 12B, 13B below : Applies to individual task orders. See section H, YCH005.

MAKOTO UCHINO 042-552-3014

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

23-Jun-2011

(RFP)

(IFB)

X

CALL:

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 mandatory, X negotiable. (See _________________________FAR 52.211-10

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 __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________15 Apr 2015 (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 offers 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 _______0 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.

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

FAX:TEL: TEL: FAX:

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 specif ied 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

FA5209-11-R-0004

Revised by Amendment 0014

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED

MACC Basic Period

(For a period of one year from the date of contract award)

MACC is a multiple award, competitive construction acquisition including design-build capability, based on the general provisions, Attachment 1 and scope of work further defined with each individual task order. See "Description of Work" herein for the details of MACC intended.

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED

OPTION MACC Option Year One

(For a period of one year subsequent to Basic Year Period)

See Line Item 0001 for item description.

UNIT UNIT PRICE MAX AMOUNT

2001 UNDEFINED

OPTION MACC Option Year Two

(For a period of one year subsequent to Option Year One Period)

UNIT UNIT PRICE MAX AMOUNT

3001 UNDEFINED

OPTION MACC Option Year Three

(For a period of one year subsequent to Option Year Two Period)

UNIT UNIT PRICE MAX AMOUNT

4001 UNDEFINED

OPTION MACC Option Year Four

(For a period of one year subsequent to Option Year Three Period)

Note: Price fill-in is not required in this section. Price proposal for MACC Mock Project shall be provided based on the General Provisions, Attachment 1 and the Statement of work, Attachment 4a, and submitted along with Technical Proposal and Past Performance Information in accordance with Section L.

DESCRIPTION OF WORK

This is an Indefinite-Delivery Indefinite-Quantity (IDIQ) MACC for execution of a broad range of maintenance, repair and minor construction including design-build wherein work will be accomplished through issuance of task order(s) on DD Form 1155. The MACC awardees (contractors) shall provide supervision, labor, equipment, and materials necessary to accomplish a wide variety of individual construction tasks encompassing design-build, renovation, additions/upgrades, along with specific work such as, but not limited to, HVAC (heating, ventilation, air conditioning), electrical, mechanical, architectural, and other major trades at the U.S. Government facilities in

Yokota AB, Japan, and its associated sites, in accordance with the General Provisions provided under this contract and the statement of work, specifications, drawings and/or sketches called for by each individual task order. The contract will include no pre-established fixed contract prices, and the work will be required in each individual task order on a firm-fixed price basis. The contract will be effective for one-year basic year, with four

(4) one-year options that may be exercised at the discretion of the Government, with a guaranteed minimum amount of ¥500,000 and maximum limit of ¥10,000,000,000 for the entire life of the contract. The contractor is, however, reminded that the Government will not be committed to place task order(s) up to the maximum limit of the contract during the life of the contract.

(*Note: If the dollar amount is preceded by asterisk “*”, it indicates that ‘or equivalent Yen amount converted by use of respective fiscal years’ Foreign Currency Fluctuation Defense (FCFD) budget rate for Japanese Yen’.

Under this solicitation, FY 11 FCFD budget rate of ¥101.9517 to $1.00 is applicable for a period of 1 Oct 10 thru

30 Sep 11. Under the resultant contract, a formal FCFD budget rate will be announced to the contractor in the beginning of respective fiscal year.)

CLAUSES INCORPORATED BY FULL TEXT

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 STATUTORY COST LIMITATION

Minor Construction (MC) work is subject to Statutory Cost Limitation (SCL) or *$750,000 or equivalent Yen amount (see FCFD budget rate states in Description of Work above) IAW DFARS 252.236-7006, Cost

Limitation, in Section L. Amount of MC work, if included in the task order, shall not exceed the said SCL.

Section C - Descriptions and Specifications

YCC001 STATEMENT OF WORK

The Contractor shall furnish the services and supplies set forth in Section B in accordance with the General

Provisions listed in Section J, and statement of work, specifications and/or drawings called for by individual task order when issued.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

4001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

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.

FURTHER INSPECTION INSTRUCTIONS

NOTICE OF COMPLETION OF TASK ORDER/FINAL INSPECTION:

When the Contractor is ready for final inspection, a request will be forwarded in writing to the Contracting

Officer or his/her designated representative unless prior verbal arrangements have been made. Final inspection will normally be requested five working days prior to the desired date or as otherwise negotiated with the Contracting Officer. Final inspection shall be scheduled prior to the completion date of the applicable task order.

Once the Contractor has requested a final inspection, the Government Inspector may then conduct a pre-final inspection. Should discrepancies be noted, the Contractor will correct the problems prior to the final inspection.

Final inspection will be performed with representation from Contracting, Civil Engineering and the Contractor as a minimum. Should discrepancies be noted, the punch list items are to be completed within the established performance period of the Task Order. The Contracting Officer reserves the right to both decline the

Contractor’s request for a final or suspend a final inspection when it is evident that the Contractor is not ready for the final inspection.

DESIGNATION OF GOVERNMENT INSPECTOR:

The Base Civil Engineer or his/her authorized representative is designated as the representative of the

Contracting Officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the

Contracting Officer to commit the Government to changes in the terms of the contract. The inspector is not authorized or required to perform the quality control for the contract.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 1 year after date of contract 374TH CIVIL ENGINEER SQ

ENGINEERING FLIGHT

UNIT 5104 BLDG 937

YOKOTA AB

FUSSA-SHI, TOKYO 197-0001 JAPAN

011-81-311-755-9395

FOB: Destination

F4G3A3

1001 1 year after end date of

CLIN0001 (if exercised)

(SAME AS PREVIOUS LOCATION)

2001 1 year after end date of

CLIN1001 (if exercised)

(SAME AS PREVIOUS LOCATION)

3001 1 year after end date of

CLIN2001 (if exercised)

(SAME AS PREVIOUS LOCATION)

4001 1 year after end date of

CLIN3001 (if exercised)

(SAME AS PREVIOUS LOCATION)

52.211-13 Time Extensions SEP 2000

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

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

(a) Specified in the applicable task order issued under this contract

YCF001 PLACE OF PERFORMANCE

Services under this contract are required to be performed at the following location(s): See Section J, Attachment 1, MACC General Provisions, DIVISION 1, Section 010100, Part I, Paragraph 1.2.

Within the locations listed, the place of performance will be designated on individual task order(s).

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 Contract Period: One (1) year from the date of award

First Option Year Period: One (1) year from the completion date of Basic Contract Period (if exercised)

Second Option Year Period: One (1) year from the completion date of First Option Year Period (if exercised)

Third Option Year Period: One (1) year from the completion date of Second Option Year Period (if exercised)

Fourth Option Year Period: One (1) year from the completion date of Third Option Year Period (if exercised)

Under this contract, the ordering period stipulated in the contract clause FAR 252.216-7006, Ordering is identical with the contract period above. During such period, the work required will be ordered to the contractor by issuing a task order IAW FAR 252.216-7006.

YCF005 PERFORMANCE TIME FOR EACH TASK ORDER

Performance period of each project will be specified in individual task order when issued under this contract:

(1) Construction Only: For commencement of the work, the Government will issue a Notice to Proceed (NTP) to the contractor within 30 calendar days (CD) after the award date of task order, unless a period shorter/longer than 30 CD is otherwise specified in the task order. Upon receipt of the NTP, the contractor shall commence the work within the period specified in the NTP and complete all the work within the performance period set forth in the task order.

(2) Design-Build: The contractor shall commence the design work upon receipt of NTP for design, and complete the design work within a schedule specified in the task order. For commencement of the construction work, the Government will issue a NTP for construction to the contractor within 30 CD after the Government acceptance of the final design, unless a period shorter/longer than 30 CD is otherwise specified in the task order.

Section G - Contract Administration Data

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUNE 2012)

(a) Definitions. As used in this clause–

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal

Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting

Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the

Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving

Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the

Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and

Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in

Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Construction Payment Invoice

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Inspection Location: Destination

Acceptance Location: Destination

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F68800

Issue By DoDAAC FA5209

Admin DoDAAC FA5209

Inspect By DoDAAC F4G3A3

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC FA5209

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS

Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send

Additional Email Notifications” field of WAWF once a document is submitted in the system.

eddie.bagtas.2@us.af.mil

374cons.lgcb.wawf@us.af.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

374cons.lgcb.wawf@us.af.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

WIDE AREA WORKFLOW – RECEIPT AND ACCEPTANCE (WAWF-RA)

ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS

In accordance with DFARS 232.7003, use of electronic payment requests is mandatory. Use of WAWF-RA will speed up your payment processing time and allow you to monitor your payment status online. There are no charges or fees to use WAWF-RA.

Requests for payments must be submitted electronically via the Internet through the Wide Area WorkFlow Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil. Self-paced training is offered for WAWF-RA at http://www.wawftraining.com. For assistance with WAWF-RA, please call 1-866-618-5988. Questions concerning payment should be directed to the Defense Finance Accounting Services Customer Service Section (DFAS-J/JRLA).

Please have your order number and invoice number ready when contacting DFAS about payment status. You can mailto:eddie.bagtas.2@us.af.mil mailto:374cos.lgcb.wawf@us.af.mil mailto:374cos.lgcb.wawf@us.af.mil https://wawf.eb.mil/ http://www.wawftraining.com/ also access payment information using the DFAS “My Invoice” Inquiry System website at https://myinvoice.csd.disa.mil/.

PAYMENT STATUS/PROBLEMS/DISPUTES MUST BE ADDRESSED TO:

(Includes both invoice & proof of delivery to expedite payment)

Defense Finance Accounting Services Customer Service Section (DFAS-J/JRLA)

E-mail Address: DFAS-JP-VPISF@dfas.mil

Telephone: (From Japan) 042-552-2511, after recording dial Ext. 5- 4599

(From US) 011-81-3117-55-6288

Fax: (From Japan) 042-552-2511 Ext. 5-2678/4696

(From US) 011-81-3117-55-2678/4696

YCG001 ACCOUNTING AND APPROPRIATION DATA

(a) Accounting and appropriation data will be cited on each individual task order(s) as awarded.

(b) Guaranteed minimum amount. Accounting and appropriation data for guaranteed minimum amount will be cited as soon as the new accounting and appropriation data for guaranteed minimum amount has been obtained.

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.

INVOICE/PAYMENT

Payment will be made by the office to be indicated in block 15 of DD Form 1155 of individual task order in accordance with FAR 52.232-5 and FAR 52.232-27, after receipt of the payment request by the billing office designated in block 7 of DD Form 1155.

https://myinvoice.csd.disa.mil/ mailto:DFAS-JP-VPISF@dfas.mil

Section H - Special Contract Requirements

YCH001 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY (IAW FAR 45.201)

Government-Furnished Property (GFP) may be involved in certain project(s) only when use of GFP is specified in Task Order Request for Proposal (TORFP) with the list of GFP. As the task order for such project that include use of GFP is awarded, the GFP shall be listed on each task order.

YCH002 VEHICLE INSURANCE

Vehicle insurance certificate in paragraph (b) of the clause at AFFARS 5352.242-9000, Contractor Access to Air

Force Installations, in Section I must cover the automobile liability insurance in the types and minimum amounts specified below:

(a) Bodily Injury ¥30,000,000 per person per occurrence, in addition to the Japanese Compulsory

Insurance (JCI)

(b) Property Damage ¥3,000,000 per occurrence

YCH005 PERFORMANCE BOND

(a) This is a Task Order (TO) based IDIQ contract under which the contractor is required to submit an executed performance bond on the basis of individual TO payable to the Contractor. The TOs of guaranteed minimum obligation record purpose stated in YCG001 (b) in Section G, to be retained by the Government, are excluded from the requirement of performance bond.

(b) Upon receipt of individual TO issued, the contractor shall furnish an executed performance bond to the

Contracting Officer as follows:

(1) For TO exceeds $150,000.00 or equivalent Japanese Yen amount as indicated in the Task Order;

(2)Within 30 Calendar Days (CD) after the receipt date of TO by the contractor for construction only project, and after acceptance of the final design by the Government for design-build project, unless otherwise a period shorter/longer than 30 CD is specified in the TO; and

(3) In a penal sum of performance bond equal to100 percent of TO award amount, properly executed on

Standard Form 25. In case that the procedural matters of the surety (non-life insurance company in the case of

Japan) affecting submission of the bond stipulated above arises, the contractor shall immediately report such fact in writing to the Contracting Officer for his/her determination.

(c) Additional performance bond shall be required when the TO amount is increased by more than $10,000.00 or equivalent Japanese Yen amount as indicated in the TO modification. The contractor shall furnish an executed additional performance bond to the Contracting Officer, in a penal sum equal to the increase of TO amount, within the period specified in the TO modification or the Contracting Officer's letter otherwise issued.

(d) 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)".

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) Services to be furnished under this contract will be ordered by the issuance of Task Orders, pursuant to the clause at 252.216-7006, Ordering, in Section I. Each Task Order will cite the funds to be utilized in making payments.

(b) Project Scope of Work: The projects may be non-complex performance oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof, for all aspects in general construction work. The projects may also require comprehensive interior design, lead and asbestos abatement and incorporation of sustainable features.

(c) Task Order Request for Proposal (TORFP): TORFP will be issued to each of the contractors by 374 CONS when the project is identified. The TORFP may not have traditional plans and specifications but will include statement of work, list of work elements and/or sketches that define the project and state the Government requirements. All attachments to TORFP, if applicable, will be considered to be a part of the project scope of work. The joint site visit will be held by the Government and the contractors as requested in the TORFP, to discuss all conditions and details of the work. Refer to Part 3 Task Orders, Section 01 01 00, MACC General

Provisions, Attachment 1, Section J.

(d) Submission of TO Proposal: The contractors will be requested to submit the TO proposal to the issuing office within the period stated in the TORFP, which may consist of:

(1) Technical Proposal. Concept sketches or drawings for proposed methods, performance schedule of design and construction, proposed technical solutions, list of required work elements, management approach, key personnel and/or subcontractors, catalogs, and/or other material submittals.

(2) Price Proposal. The price proposal for the design fee and construction cost.

(3) Past Performance. Recent and Relevant performance information. Definition of “Recent” and

“Relevant” are as follows. The TORFP shall be prepared at no cost to the Government, and are not reimbursable by the Government.

(i) Recency: Each contract will be confirmed whether the contract has been completed during the past 3 years from this solicitation release date, or is currently in progress.

(ii) Relevancy: A relevancy determination of the offeror's present and past performance as prime contractor, subcontractor, joint ventures, and/or teaming partners will be made. Higher relevancy will be assessed for contracts that are most similar to the effort, or portion of the effort, for which that contractor is being proposed, and may contribute to an overall higher relevancy score for the offeror. The

Government is not bound by the offeror's opinion of relevancy. The following relevancy definitions apply:

Very Relevant: Present/past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires.

Relevant: Present/past performance effort involved much of the magnitude of effort and complexities this solicitation requires.

Somewhat Relevant: Present/past performance contractual effort involved some of the magnitude of effort and complexities than this solicitation requires.

Not Relevant: Present/past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.

(e) TO Evaluation Criteria: Each TO will be awarded on a best value basis determined by either a Performance-

Price Trade Off (PPT), a Lowest Price Technically Acceptable (LPTA), Performance/Price/Technical Trade Off

(PPTT), Lowest Price with Acceptable Past Performance (LPAPP) or Lowest Price indicated below. The source selection method will be selected at the discretion of the Government in consideration of the project scope, complexity, magnitude and urgency. A proposal exceeding the SCL (refer to Statutory Limitation, Section B), if specified in the TORFP, may be rejected by the Government IAW DFARS 252.236-7006, "Cost

Limitation". If the Government decides to issue the Task Order using the trade off process, award factors will vary depending on the unique requirements of each Task Order. One or more of the following criteria in addition to Price or Cost may be considered:

(a) Technical capability

(b) The contractor's technical understanding of the work

(c) Design

(d) Sustainable design features

(e) Quality of Deliverables

(f) Rationale for proposed materials, type and quantities

(g) Ability to Meet Schedule Requirements

(h) Efficiency and effectiveness of plan to accomplish the work

(i) Past Performance - Task Order past performance or prior past performance on other contracts

(j) Relevant Experience

(k) Current workload

(l) Potential impact on other orders placed with the contractor

(1) PPT

Step 1 - Price proposal will be ranked by low price including any option prices if applicable, then evaluated for price reasonableness. If the proposal is evaluated to be unreasonable, the offer will not be considered for award and no further evaluation will be made. All offerors must therefore propose on all line items in the TORFP, and failure in doing so may be cause for rejection of that offer. The

Government intends to award a TO without discussions, however, reserves the right to conduct discussions if deemed in its best interest.

Step 2 - Past performance of price reasonable offer will be evaluated in order of low price, on a basis significantly more important than price considerations, assigning one of the performance confidence assessment ratings of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No

Confidence, or Unknown Confidence, as defined in below in accordance with AFFARS MP5315.3. If the lowest priced offeror’s past performance is rated overall "Substantial Confidence" by the

Government, the evaluation is completed as the lowest priced offer is representing the best value for award. If the rating is not "Substantial Confidence", then the Government will evaluate next lowest offeror’s past performance until an offeror is rated overall "Substantial Confidence" or until all contractors are evaluated. At this point, the evaluation is complete and the Contracting Officer will proceed the best value assessment of the evaluated offers. The Government may use the past performance record of the TOs under this MACC and/or other recent and relevant performance information submitted by the contractors or independently obtained by the Government.

Rating Definition

Substantial

Confidence

Based on the offeror’s performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory

Based on the offeror’s performance record, the Government has an expectation

Limited

Based on the offeror’s performance record, the Government has a low expectation

No

Based on the offeror’s performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown

No performance record is identifiable or the offeror’s performance record is so sparse that no confidence assessment rating can be reasonably assigned.

(2) LPTA

Step 1 - Technical proposal will be evaluated, if submission is requested in the TO RFP, on a pass/fail basis for compliance with the TO RFP requirements. If the proposal is rated technically unacceptable, the offer will not be considered for award and no further evaluation will be made.

Step 2 - Price proposal of technically acceptable offers will be ranked by low price, then evaluated for price reasonableness. If technically acceptable lowest price proposal is evaluated to be reasonable, the offer will be considered representing the best value, and award shall be made to the offeror. If the lowest price proposal is considered unreasonable, the offer will not be considered for award then evaluation will be continued until reasonable price is found. The Government intends to award a TO without discussions, however, reserves the right to conduct discussions if deemed in its best interest.

(3) PPTT

Step 1 - The same as LPTA Step 1 above.

Step 2 - Price proposal of technically acceptable offers will be ranked by low price, then evaluated for price reasonableness. If the proposal is evaluated to be unreasonable, the offer will not be considered for award and no further evaluation will be made. The Government intends to award a TO without discussions, however, reserves the right to conduct discussions if deemed in its best interest.

Step 3 - Past performance of technically acceptable and price reasonable offer will be evaluated in order of low price, on a basis significantly more important than price considerations, assigning one of the performance confidence assessment ratings of Substantial Confidence, Satisfactory Confidence, Limited

Confidence, No Confidence, or Unknown Confidence, as defined in YCH009, paragraph (e) (1). If the lowest priced offeror’s past performance is rated overall "Substantial Confidence" by the Government, the evaluation is completed as the lowest priced offer is representing the best value for award. If the rating is not "Substantial Confidence", then the Government will evaluate next lowest offeror’s past performance until an offeror is rated overall "Substantial Confidence" or until all contractors are evaluated. At this point, the evaluation is complete and the Contracting Officer will proceed the best value assessment of the evaluated offers. The Government may use the past performance record of the

TOs under this MACC and/or other recent and relevant performance information submitted by the contractors or independently obtained by the Government.

(4) LPAPP

Step 1 - The same as PPT Step 1 above.

Step 2 - Past performance of price reasonable offer will be evaluated in order of low price. The performance confidence assessment process will result in an overall risk rating of “Acceptable” or “Not

Acceptable”, as defined below. If the lowest priced offeror’s past performance is rated overall

"Acceptable" by the Government, the evaluation is completed as the lowest priced offer is representing the best value for award. If the lowest price offeror’s past performance information resulted in “Not acceptable”, it will be eliminated for consideration for award. The Government will then evaluate the next low price offeror’s past performance information in the same manner. This process will continue until an offeror is found to meet the Government past performance information of acceptability as defined. The Government intends to award a TO without discussions, however, reserves the right to conduct discussions if deemed in its best interest.

Rating Definition

Acceptable Based on the offeror’s performance record, the Government has an expectation

Not

Acceptable

Based on the offeror’s performance record, the Government has a low expectation

(5) Lowest Price

Step 1 - Price proposal will be ranked by low price including any option prices if applicable, then evaluated for price reasonableness. If the lowest proposal is evaluated to be reasonable, the evaluation is completed as the lowest priced offer is representing the best value for award. If the lowest proposal is evaluated to be unreasonable, then the Government will evaluate next lowest proposal until an offeror is evaluated to be reasonable. All offerors must therefore propose on all line items in the TORFP, and failure in doing so may be cause for rejection of that offer. The Government intends to award a TO without discussions, however, reserves the right to conduct discussions if deemed in its best interest.

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.

YCH012 BASE DEFENSE ACT/WORKMAN'S COMPENSATION/WORK ON AN OVERSEAS

INSTALLATION

This contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Jul 2014), 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.

YCH013 PROPOSAL PREPARATION COSTS

The costs for preparation of Task Order proposals shall be the responsibility of the contractors and are not directly reimbursable. Each Task Order awarded will include at a minimum all labor, management, supervision, mobilization, material and equipment costs, and any costs associated with any required design effort. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the

Task Order.

YCH014 COMPETITION

(a) All the contractors will be solicited for each project. The contractors are encouraged to participate in all site visits and submit all proposals. Repetitive failure by contractors to participate responsibly in site visits and proposal submissions may result in the government’s exclusion of the contractor from further competition under the contract or not exercising the option to extend the contract of any such contractor. However, when the government solicits offers for projects for which funds are not certified nor readily available (generally during the last quarter of the fiscal year), submission of proposal for those projects is at the sole discretion of the respective contractors and their declination to participate in any or all such solicitations will not negatively reflect them.

(b) Unless the Contracting Officer applies the exceptions per FAR 16.505(b)(2), each Task Order will be awarded, as a result of competition to the contractor who offers the best value to the Government considering the criteria specified.

YCH015 DESCRIPTION OF TASK ORDERS

Task Orders issued under this contract may be as low as *¥1,000,000, or may be well in excess of*

¥100,000,000. However, most Task Orders will fall in the range of *¥10,000,000 to *¥50,000,000 (*or equivalent dollar amount converted by use of respective fiscal years’ Foreign Currency Fluctuation Defense

(FCFD) budget rate for Japanese Yen). Refer to Description of Work in Section B for the contract maximum limit and guaranteed minimum amounts, and FAR 52.216-19, Order Limitations, in Section I for the minimum and maximum orders of Task Orders.

YCH016 REPLACING MACC CONTRACTORS

Should one or more of the incumbent MACC contractor’s options not be exercised, or if termination of contract(s) occurs, the process for selecting replacement contracts shall follow the same process and procedures as used in selecting and awarding the basic MACC awards.

YCH017 INSTALLATION RULES AND REGULATIONS

The rules and regulations of the installation where services are performed shall apply to the contractor and his employees while on the premises of such installation. These regulations included but are not limited to:

presenting valid identification for base entrances, obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, obeying all posted directives, and providing strict adherence to security police direction in instances where security police have been dispatched to a particular location.

YCH018 UTILITY SERVICES

The Contractor will be required to participate in all Air Force energy conservation programs. Utility services furnished to the contractor by the Government from the Government’s existing system outlets and supplies will be at no cost to the Contractor, but see contract clause titled FAR 52.236-14, “Availability and Use of Utility

Services,” in Section I.

YCH019 SPECIAL UTILITY PROVISION

The contractor shall be responsible for any and all damages to accurately marked utilities resulting from its operations. Further, the contractor shall be held liable for all costs associated with such damages. Such costs include not only the costs to properly repair the damaged utility, but any direct costs incurred by the government to provide emergency response to the site, as well as for any other monetary losses. Such loss may include, but is not limited to, the value of loss of productivity experienced by the government due to loss of power and /or facility evacuation arising from the utility damage.

YCH020 PREPARATION OF MATERIAL APPROVAL SUBMITTAL

The submittals contemplated by the clause herein titled "FAR 52.236-5, Material and Workmanship," in Section I shall be accomplished on and in accordance with instruction pertaining to AF Form 3000, “Material Approval

Submittal.”

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.211-13 Time Extensions SEP 2000

52.211-18 Variation in Estimated Quantity APR 1984

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.216-7 Alt I Allowable Cost and Payment (Jun 2013) - Alternate I FEB 1997

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

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 Worker's Compensation Insurance (Defense Base Act) JUL 2014

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-14 Irrevocable Letter of Credit NOV 2014

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-27 Prompt Payment for Construction Contracts MAY 2014

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

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

52.236-8 Other Contracts APR 1984

52.236-9 Protection of…