03._SF1442.pdf

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).

OFFERORS SHOULD BE CENTRAL CONTRACTOR REGISTRATION (CCR) REGISTERED BY THE TIME AND DATE SET IN BLOCK 13 BELOW.

SUMIYO OHI 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

15-Feb-2013

(RFP)

(IFB)

X

CALL:

Paving and Fencing U.S. Army Installations within Hounshu, Japan

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 within _______ calendar days and complete it within ________ calendar days after receiving award, 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 __________0 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________18 Mar 2013 (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) work 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 will not be considered and will 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

03:00 PM (hour)

Sealed envelopes containing offers

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

A-12-100

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

FAX:TEL: TEL: FAX:

FA5209-13-R-0002 30

*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 work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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

(Must be fully completed by offeror)OFFER

FA5209-13-R-0002

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES

Basic Period:

FFP

(1 Jul 2013, or date of contract award [whichever is later] through 30 Jun 2014)

FFP

Indefinite-Delivery/Indefinite-Quantity (IDIQ) Contract for Project No.

A-12-100, Paving and Fencing, U.S. Army Installations within Honshu, Japan, consisting of unit price items listed on Exhibit A in Section J.

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

SIGNAL CODE: A

Estimated Amount

ITEM NO SUPPLIES/SERVICES

OPTION Option One Period:

FFP

(1 Jul 2014 through 30 Jun 2015)

FFP

IDIQ Contract for Project No. A-12-100, Paving and Fencing, U.S. Army Installations within Honshu, Japan, consisting of unit price items listed on Exhibit B in Section J.

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

ITEM NO SUPPLIES/SERVICES

OPTION Option Two Period:

FFP

(1 Jul 2015 through 30 Jun 2016)

FFP

IDIQ Contract for Project No. A-12-100, Paving and Fencing, U.S. Army Installations within Honshu, Japan, consisting of unit price items listed on Exhibit C in Section J.

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

ITEM NO SUPPLIES/SERVICES

OPTION Option Three Period:

FFP

(1 Jul 2016 through 30 Jun 2017)

FFP

IDIQ Contract for Project No. A-12-100, Paving and Fencing, U.S. Army Installations within Honshu, Japan, consisting of unit price items listed on Exhibit D in Section J.

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

ITEM NO SUPPLIES/SERVICES

OPTION Option Four Period:

FFP

(1 Jul 2017 through 30 Jun 2018)

FFP

IDIQ Contract for Project No. A-12-100, Paving and Fencing, U.S. Army Installations within Honshu, Japan, consisting of unit price items listed on Exhibit E in Section J.

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

NOTE: Prices are not required in this section (refer to YCL004, paragraph C.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 Y500,000 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 Y160,000,000 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.

Note: * Dollar amounts specified in this solicitation and the resultant contract will be calculated based on respective fiscal years’ Foreign Currency Fluctuation Defense (FCFD) budget rate and converted to Yen equivalent amount. For example, Fiscal Year (FY) 13 FCFD budget rate is Y82.4035 and applicable for a period of 1 Oct 12 through 30 Sep 13. A formal FCFD budget rate will be notified to the contractor upon receipt of the official announcement in the beginning of respective FY.

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 specification 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 specification 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): As to the locations, see Contract Specification, Section 01 11 00, paragraph 1.4, in Section J.

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

Contract periods are a basic period with four (4) one-year options which may be exercised at the discretion of the Government. Each contract period is as follows:

Basic Period: 1 Jul 2013 or date of contract award (whichever is later) through 30 Jun 2014

Option One Period: 1 Jul 2014 through 30 Jun 2015 (if exercised)

Option Two Period: 1 Jul 2015 through 30 Jun 2016 (if exercised)

Option Three Period: 1 Jul 2016 through 30 Jun 2017 (if exercised)

Option Four Period: 1 Jul 2017 through 30 Jun 2018 (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 1.5 of the contract specification 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

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

(b) Guaranteed minimum amount. Upon award of the contract, task order satisfying the guaranteed minimum amount specified in the contract will be placed. Task order for obligation record will be retained by the Government until task order for construction project fulfilling the guaranteed minimum amount is placed.

Accounting and appropriation data for the guaranteed minimum amount is listed below:

Refer to Section L, paragraph YCL003

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 as modified in the clause at FAR 52.228-15, Performance and Payment Bonds - Construction, in Section I.

(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.

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 DFARS Clause 252.216-7006, 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) Each project in task orders will generally range from ¥200,000 to ¥10,000,000, with most projects falling in the range of ¥500,000 to ¥8,000,000. 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 the Contracting Officer’s Representative (COR) shall notify the contractor of an existing requirement. Within 3 working days from this notification, the COR, the Civil Engineering representative and the contractor shall visit the proposed work site to ascertain the nature and location of the work to be performed. The Government will provide necessary information/design documents to clarify the work requirements. During the site visit, the COR, the Civil Engineering representative and the contractor shall jointly investigate the site condition and measure the work site to improve understanding of the requirements, and exchange the information of items to be used and quantities to be required for their accomplishments.

(d) After the site visit, the contractor shall prepare its proposal by listing the exhibit line items in Exhibit (X) applicable to the contract period and quantities required for the accomplishment, and submit it to the COR for review. The time within which to submit the proposal after the site visit shall be discussed and as mutually agreed to between the COR and the contractor. After the proposal review, the COR shall provide the result to the Contracting Officer.

(e) After examining the COR’s review, the Contracting Officer shall independently evaluate the proposal to determine the reasonableness. If the Contracting Officer determines to be necessary, the price proposal, inclusive of item selection/application and quantitative estimates, will be negotiated. Upon completing the negotiations, the contractor shall submit final proposal revision reflecting agreed items and quantities to complete the work requirements. No further adjustments to negotiated items or quantities shall be made upon issuance of the order.

The contractor shall perform the requirements at the negotiated and agreed items and quantities.

(f) After the Government determines the reasonableness of the proposal, 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 Simplified Acquisition Threshold defined at 52.202-1 in Section I (or Yen equivalent) and 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 JAN 2012 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 OCT 2010 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 OCT 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-10 52.204-13

Reporting Executive Compensation and First-Tier Subcontract Awards Central Contractor Registration Maintenance

AUG 2012

DEC 2012

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

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) Y39,991 for the first day and Y26,048 for each additional calendar day of delay in completing each project in task order

SEP 2000

52.215-2 Audit and Records--Negotiation OCT 2010 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) Y15,000,000 (b)(2) Y25,000,000 (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.

OCT 1995

52.216-22 Indefinite Quantity For the purposes of this clause the blank(s) are completed as follows:

(d) The Contractor shall not be required to make any deliveries under this contract

OCT 1995

52.217-8 after 180 days from the end date of the final performance period.

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 FEB 2009 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 Workers' Compensation Insurance (Defense Base Act) APR 1984 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 DEC 1999 52.228-15 Performance and Payment Bonds--Construction

Note:

1. This clause is modified to reflect the Contracting Officer’s waiver of the requirement for payment bonds in accordance with FAR 28.102-1(a)(1). The words of “and payment “ are deleted from the words of “performance and payment” at the clause title, para.(b), para.

(b)(3)(i), including Section A, Standard Form 1442 of the RFP and resultant contract, respectively. In addition, para. (b)(2) and (e) are deleted from the clause in their entirety.

2. The words of “, or sureties authorized for issuance of the performance bond by the Financial Services Agency, the Government of Japan.” are added at the end of 1st sentence in para. (d) in accordance with FAR 28.202(b).

OCT 2010

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 2010 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 APR 1984

For the purposes of this clause the blank(s) are completed as follows:

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 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 DEC 2010 52.245-9 Use and Charges APR 2012 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 OCT 2010 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)(APR 2012) - 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:

APR 1984

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)

APR 1984

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies DEC 2008 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 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

252.216-7006 Ordering For the purposes of this clause the blank(s) are completed as follows:

(a) Refer to Section YCF004, Contract Period

MAY 2011

252.222-7002 252.222-7006

Compliance with Local Labor Laws (Overseas) Restrictions on the Use of Mandatory Arbitration Agreements

JUN 1997

DEC 2010

252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials APR 1993 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

For the purposes of this clause the blank(s) are completed as follows:

(d) The appropriate Antiterrorism Force Protection Office at the Command Headquarters. Also see http://atep.dtic.mil

MAR 2006

252.225-7044 Balance of Payments Program--Construction Material For the purposes of this clause the blank(s) are completed as follows:

(b)(3)All materials may be procured locally

JUN 2012

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

For the purposes of this clause the blank(s) are completed as follows:

(e) None

AUG 2000

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) JUN 2012 252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification of Transportation of Supplies by Sea

(This clause applies to the resultant contract only when the successful offeror made a negative response to the inquiry in the provision at DFARS 252.247-7022 in Section K.

Otherwise, the clause will automatically become inapplicable to the resultant contract.)

MAR 2000

5352.201-9101

5352.223-9000

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

(c) Name: CMSgt Tommie Rogers Address: HQ PACAF/A7K, 25E Street, Suite D-306, Hickam AFB HI 96853-5427 Phone No: 808-449-8569 Facsimile No: 808-449-8571 e-mail: tommie.rogers@hickam.af.mil Elimination of Use of Class I Ozone Depleting Substances (ODS)

NOV 2012

NOV 2012

CLAUSE

INCORPORATED BY

FULL TEXT

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov .

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L.

111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, FEB 2012 except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

Section J - List of Documents, Exhibits and Other Attachments

NUMBER TITLE NUMBER OF PAGES

Exhibit A Schedule of Indefinite Quantity Work for Basic Period 5 pages

Exhibit B Schedule of Indefinite Quantity Work for Option One Period 5 pages

Exhibit C Schedule of Indefinite Quantity Work for Option Two Period 5 pages

Exhibit D Schedule of Indefinite Quantity Work for Option Three Period 5 pages

Exhibit E Schedule of Indefinite Quantity Work for Option Four Period 5 pages

Attachment 1 Contract Specification for Project No. A-12-100, dated 20 Aug 12 245 pages

Attachment 2 Reserved

Attachment 3 Schedule of Material Submittals 9 pages

Attachment 4 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

APR 2010

52.209-7 Information Regarding Responsibility Matters

(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.

FEB 2012

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea

(b) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

AUG 1992

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country JAN 2009

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

52.204-7 Central Contractor Registration DEC 2012 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-20 Alt IV

52.216-1

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (OCT 2010) For the purpose of this provision, the blank(s) are completed as follows:

(b) Any data used by the offerors to prepare the proposal Type Of Contract For the purpose of this provision, the blank(s) are completed as follows:

Indefinite-Delivery/Indefinite-Quantity (IDIQ)

OCT 2010

APR 1984

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 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.

(c) Participants will meet at:

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).

APR 1984

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

252.215-7008

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.

Only One Offer

DEC 1991

JUN 2012

252.225-7042 Authorization to Perform APR 2003 252.236-7006 Cost Limitation JAN 1997

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.

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

(a) A pre-bid/pre-proposal conference will be conducted at Bldg 642, Camp Zama, Kanagawa-ken, Japan on 28 Feb 13 at 1000 hours for the purpose of answering questions regarding this solicitation. Participants must meet at Main Gate, Camp Zama at 0930 hours on the same date.

(b) Submit the names of all attendees (not to exceed three (3) of attendees with one (1) vehicle) to the point of contact (POC) prior to the date specified in Note below. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.

(c) Bidders/Offerors are requested to submit questions to the point of contact (POC) not later than 25 Feb 13 at 1500 hours. 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.

(d) A record of the conference shall be made and furnished to all prospective bidders/offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

Note: All offerors who will be attending the conference shall furnish in writing (fax or e-mail) the following information to POC: SUMIYO OHI, Fax 042-551-0973 or e-mail sumiyo.ohi.jp@us.af.mil prior to 21 Feb 13 at 1500 hours. NO EXCEPTIONS.

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

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.

In order to make the conference as productive as possible, offerors should submit any questions they may have in writing to the above Fax or e-mail address by the date and time specified. Questions received 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.

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

After the conference, offerors are encouraged to submit any other questions and requests for clarifications in writing to the above Fax or e-mail address no less than ten (10)

May 1996 calendar days prior to the RFP closing date. The decision whether to respond to questions and requests for clarification made less than ten (10) calendar days prior to the RFP closing shall be at the sole discretion of the contracting officer.

YCL001 DISCLOSURE OF THE MAGNITUDE OF IDIQ CONSTRUCTION PROJECT

See Section YCB002 for CONTRACT MINIMUM/MAXIMUM VALUE.

YCL003 NOTICE TO OFFERORS

Funds to satisfy the guaranteed minimum amount specified in this solicitation are not presently available. No award will be made under this solicitation until funds become available. Funds will be available prior to award.

YCL004 PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award.