1.__RFP_FA520914R0019.pdf

FA5209-14-R-0019

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot MACC, Basic Year

FFP

Basic Year (one year from the date of contract award, see para. F-2(a)).

Multiple Award Construction Contract (MACC) is a multiple award, competitive design-build indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order. The work will consist of multiple disciplines in general construction categories of U.S. Army installations within Honshu, Japan, as specified in Division 1, Section 01 01 00, Part 1, paragraph 1.2 of General Provisions (see Attachment 1 in Section J). Minimum/Maximum Contract Amount (refer to Section B, Paragraph B-2).

SIGNAL CODE: A

NET AMT

1001 1 Lot OPTION MACC, Option Year One

FFP

Option Year One Period (for a period of one year subsequent to Basic Year completion, see para. F-2(a)).

See Item No. 0001 for item description.

2001 1 Lot OPTION MACC, Option Year Two

FFP

Option Year Two Period (for a period of one year subsequent to Option Year One completion, see para. F-2(a)).

3001 1 Lot OPTION MACC, Option Year Three

FFP

Option Year Three Period (for a period of one year subsequent to Option Year Two completion, see para. F-2(a)).

See Item No. 0001 for item description.

FOB: Destination

4001 1 Lot OPTION MACC, Option Year Four

FFP

Option Year Four Period (for a period of one year subsequent to Option Year Three completion, see para. F-2(a)).

Note: Price fill-in is not required in this section. Price proposal for MACC Seed Project shall be provided using the format in Attachment 4.b. based on the General Provisions (Attachment 1) and the Statement of Work (Attachment 4.a.) listed in Section J, and submitted along with Technical Proposal and Past Performance Information in accordance with para. L-1 in Section L.

B-1 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) Section K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

B-2 MINIMUM/MAXIMUM CONTRACT AMOUNTS

(a) The only work authorized under this contract is that which is ordered in Japanese Yen via a Task Order. A minimum of $2,000 (Yen equivalent amount) is guaranteed for the IDIQ contracts awarded.

As to award of the MACC Seed project listed in Section J, refer to Section M, para. M-1(d).

(b) The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered in excess of the minimum guarantees specified herein. The maximum aggregate amount of the MACC program, inclusive of all awarded MACC contracts, including option periods, shall not exceed $90,000,000 (Yen equivalent amount - see Note below for details).

Note:

1. Dollar amounts specified in this solicitation and the resultant contract will be calculated based on the respective fiscal years’ Foreign Currency Fluctuation Defense (FCFD) budget rate and converted into the Yen equivalent amount. A formal FCFD budget rate will be provided to contractors upon receipt of the official announcement in each respective FY (fiscal year).

2. Generally, the FCFD budget rate changes every FY. For administrative purposes, the Government will convert each task order Yen award amount into U.S. dollars using the applicable FY FCFD budget rate. The Government will calculate the aggregate ordered dollar amount by adding all task order amounts converted into dollars. The aggregate ordered dollar amount shall not exceed the maximum aggregate amount of $90,000,000.

B-3 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 (Yen equivalent amount). Refer to DFARS 252.236-7006, Cost Limitation, in Section L.

Section C - Descriptions and Specifications

C-1 SPECIFICATIONS, STANDARDS AND DRAWINGS (IAW FAR 11.201)

(a) The contractor shall furnish 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 orders when issued.

(b) For the MACC Seed Project No. A-12-129, Construct DPW Shop Building at Camp Zama, Kanagawa-ken, Japan, refer to the Statement of Work, Attachment 4.a. listed in Section J.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

E-1 INSPECTION AND ACCEPTANCE (IAW FAR 46.401(b) and 46.503)

Inspection and acceptance will be at the destination(s) of each project specified in individual task order.

Section F - Deliveries or Performance

CLAUSE INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to complete the work within the time specified in individual task order, the Contractor shall pay liquidated damages to the Government in the amount of _*_ for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

*This clause may be included in individual Task Order Request for Proposals and incorporated into the resultant Task Order identifying the liquidated damages rate applicable to that individual Task Order.

F-1 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 01, Section 01 01 00, Part I, Paragraph 1.2 Location.

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

F-2 CONTRACT PERIOD/PERFORMANCE PERIOD

(a) Contract Period. Contract period will be one year from the date of contract award, with four (4) one-year option periods which may be exercised at the discretion of the Government. At the time of contract award, specific dates will be indicated below:

(1) Basic Year, from __________ to ___________.

(2) Option Year One, from _________to _________.

(3) Option Year Two, from_________ to _________.

(4) Option Year Three, from _________to _________.

(5) Option Year Four, from_________ to _________.

The ordering period stipulated in the contract clause at DFARS 252.216-7006 is identical with the contract periods listed above.

(b) Performance Period. Performance period of each project will be specified in individual task orders when issued under this contract (see Section H, H-10, TASK ORDER PERFORMANCE PERIOD).

Section G - Contract Administration Data

G-1 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data will be cited on each individual task order as awarded.

G-2 GUARANTEED MINIMUM AMOUNT

At the time of award, each MACC awardee will be issued a task order for $2,000 (Yen equivalent amount) to satisfy the minimum guarantee of the contract (See B-2).

G-3 ADMINISTRATIVE MATTERS

The Contracting Officer will provide contact information for the Administrative Contracting Officer, Contract Administrator, and the Contracting Officer’s Representative (Construction Inspector) for individual task orders upon 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, Section I.

G-4 INVOICE/PAYMENT

Payment will be made by the office indicated in block 15 of the DD Form 1155 of individual task orders 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 the DD Form 1155. Clearly mark the lower left-hand corner of the front of the envelope “INVOICE ENCLOSED”. Also, ensure the Task Order number is included on the invoice.

Section H - Special Contract Requirements

H-1 DESCRIPTION OF WORK

The work to be acquired under the contract is for design-build and construction only efforts which include maintenance, repair, renovation, alteration, new construction and associated architecture/engineering work located at the U.S. Army facilities specified in DIVISION 01, Section 01 01 00, Part 1, Paragraph

1.2 of the General Provisions listed in Section J. Types of structures may include, but are not limited to, administrative buildings, hospital and medical buildings, auditoriums, hangars, airfields, fire stations, garages, and prefabricated buildings.

H-2 OPTIONS

The contract contains a basic contract period of 12 months plus four (4) 12-month option periods for a total maximum duration of 60 months, or lifetime value of $90,000,000, whichever occurs first. The Government has the option to extend the term of the contract in accordance with the contract clause entitled “Option to Extend the Term of the Contract, FAR 52.217-9”. The Government may extend the term of this contract by written notice to the Contractor within the performance period specified in the Schedule, provided that the Government will give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

H-3 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 political subdivisions in accordance with AFFARS 5336.507.

H-4 PARTNERING

Partnering is a structured process, as well as philosophy of doing business with contractors and the government, that recognizes common goals through communication and teamwork. It helps create an environment where trust and teamwork prevents disputes, fosters good working relationships to everyone’s benefit, and facilitates the completion of a successful contract. The contractor’s key personnel may be required to attend formal partnering meetings for the basic contract at the expense of the contractor. In addition, formal partnering may be required prior to and/or during performance of an individual task order, if determined necessary by the government. Partnering shall be held during normal work hours.

H-5 REQUIRED INSURANCE:

The Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

(a) 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 does not apply to Japanese employees. FAR 52.228-4 applies to Japanese national employees. One or both clauses may apply to the contractor.

(b) All the Contractor’s vehicles accessing U.S. Forces installations must cover the automobile liability insurance in the types and minimum amounts specified below:

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

Property Damage - Y3,000,000 per occurrence

(c) The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned “Insurance” clause.

H-6 NOTICE OF CONSTRUCTIVE CHANGES

No order, statement or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

H-7 PROPOSAL PREPARATION COSTS

The costs for preparation of Task Order proposals shall be the responsibility of the contractor 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.

H-8 TASK ORDER ISSUANCE PROCEDURES

(a) Task Orders (TO) issued under this contract will be firm fixed price and clearly define the specific services to be performed or the performance desired. Each TO will contain applicable clauses and provisions by reference.

(b) The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by a duly executed TO.

(c) Each TO Request for Proposal (RFP) will provide contractors with as much information as possible regarding the project work requirements such as overall goals, objectives of the facility including general style and use of the proposed facility, existing conditions of the site, any pre-existing structures and any other data available.

(d) 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. The TO RFP may or may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals. The following describes the procedures for each type of requirement the TO RFP could present:

(1) Design-Build: TO RFP will provide competing offerors a scope of work developed (i.e.

Design-Build Statement of Work (SOW)) that defines the project and states the government’s requirements. The scope of work may include criteria and preliminary design, budget parameters, schedule or delivery requirements, and other supporting information necessary for the offerors to understand the project requirements in order to prepare their proposals. MACC contractors shall provide a price proposal, and may be required to provide technical proposals, past performance information, and/or a proposed performance period (as stated in each TO). The Government will evaluate submitted proposals in accordance with the factor(s) in each TO RFP. Only the successful offeror will be required to proceed with the subsequent design effort (i.e. 35%, 65%, 95% and/or 100% as stated in each TO) and to execute construction.

(2) Construction Only: The Government will provide MACC contractors a previously accomplished design which may represent a 35%, 65%, 95% or 100% design consisting of drawings, specifications, design analysis and/or other data. Based on this accomplished design, MACC contractors shall provide a price proposal, and may be required to provide past performance information and/or a proposed performance period (as stated in each TO). The Government will evaluate submitted proposals in accordance with the factor(s) in each TO RFP. Only the successful offeror will be required to proceed with construction.

(e) Work under this contract will be ordered in writing via TOs issued on a DD Form 1155 (Order for Supplies or Services) to the contractor.

(f) TO numbers will consist of the basic contract number followed by a 4-digit supplemental TO number.

The TO number must be reflected on all correspondence related to the TO.

(g) TOs may be modified by the Contracting Officer. Modifications will be issued on a Standard Form (SF) 30 which cites the TO number and other information as necessary.

H-9 COMPETITION

(a) All contractors will be solicited for each TO and be given fair opportunity for award per FAR 16.505(b)(1). Contractors are encouraged to participate in all site visits and submit proposals for all projects. Repetitive failures to participate responsibly in site visits and provide proposals may result in the government’s exclusion 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, submission of proposals for those projects is at the sole discretion of the respective contractor and declination to participate in any or all such solicitations will not negatively reflect on the contractor.

(b) Each TO will be awarded as a result of competition to the contractor who offers the best value to the government considering the criteria specified unless the Contracting Officer applies the following exception(s):

(1) The agency need is so urgent that providing a fair opportunity would result in unacceptable delays.

(i) Initial means of rotational selection will be performed by randomly drawn lot. In subsequent urgent requirements, the order of rotation will be maintained; however, the government reserves the right to apply some or all of the criteria in paragraph H-12 below in the rotation and may exclude those contractors who do not meet the consideration(s) factors.

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an Order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(4) It is necessary to place an order to satisfy a minimum guarantee.

H-10 TASK ORDER PERFORMANCE PERIOD

FAR Clause 52.211-10, Commencement, Prosecution and Completion of Work will be incorporated into each TO identifying the design and/or construction schedule. The Government reserves the right to negotiate a performance period or impose a performance period for each TO.

H-11 DESCRIPTION OF SUBSEQUENT TASK ORDERS

TOs will generally range from Y1,000,000 to Y150,000,000, with most falling in the range of Y5,000,000 to Y100,000,000. TOs will require a single or multi-disciplined design and/or construction services for all aspects of general building construction for maintenance, repair, renovation, new and addition type projects. Projects may also require comprehensive interior design, lead and asbestos abatement and incorporation of sustainable features. Some projects may require only minimal design.

H-12 SUBSEQUENT TASK ORDER EVALUATION CRITERIA

Generally, the basis for award is a best value approach to include price only, performance price tradeoff, lowest price technically acceptable, or other tradeoffs based on factors other than just price and performance. In the latter instance, award factors will vary depending on the uniqueness of the requirement. Obtaining written proposals or holding discussions with awardees is not always required.

Formal evaluation plans are not usually required. Consider one or more of the following criteria in addition to Price or Cost:

(a) Past Performance

(b) Quality of Deliverables

(c) Ability to Meet Schedule Requirements

(d) Relevant Experience

(e) Cost Control, if applicable

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

(g) Current workload

H-13 PERFORMANCE BOND – Applicable to Individual Task Orders

Contractor shall furnish Performance Bonds (Standard Form 25) with good and sufficient surety or sureties, acceptable to the Government for each TO. A notice to proceed shall not be issued and no work shall begin until the penal amount of the performance bond, as identified below, has been received and accepted by the Contracting Officer.

(a) The penal amount of performance bond for individual TOs issued during the life of this contract shall be 100 percent of the contract price of each TO. The contractor shall submit the performance bond not later than 21 calendar days after award of TO. 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 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.

H-14 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 in accordance with AF Form 3064, Contract Progress Schedule and AF Form 3065, Contract Progress Report instructions.

H-15 PERFORMANCE EVALUATIONS

At the conclusion of each TO or other times as appropriate, the contractor’s performance evaluation will be made through the Construction Contractor Appraisal Support System (CCASS). The evaluation will take into account all aspects of the contractor’s performance. The contractor will be provided an opportunity to review and comment on the government’s evaluation through the CCASS. The performance evaluations will have an impact on the award of future TOs and exercising of option years.

H-16 CONCILIATION (This clause is applicable to contracts which will be performed in Japan and or executed between the United States Forces Japan, and a Japanese Contractor)

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 the 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 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 tendency of this 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 this 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 decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file a civil suit.

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 52.204-13 System for Award Management Maintenance 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 52.216-7 Alt I Allowable Cost and Payment (JUN 2013) - Alternate I FEB 1997 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) 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 MAY 2014 52.228-15 Performance and Payment Bonds--Construction

Note: 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.

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 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 52.232-33 Payment by Electronic Funds Transfer—System for Award Management JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

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 52.236-7 Permits and Responsibilities NOV 1991 (This clause is incorporated as modified at H-3 in Section H) 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I APR 1984 52.236-23 Responsibility of the Architect-Engineer Contractor APR 1984 52.236-24 Work Oversight in Architect-Engineer Contracts APR 1984 52.236-25 Requirements for Registration of Designers JUN 2003 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 MAY 2014 52.245-1 Government Property APR 2012 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 52.253-1 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 SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7003 Control of Government Personnel Work Product APR 1992 252.205-7000 Provision 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

MAR 2014

252.222-7002 Compliance with Local Labor Laws (Overseas) JUN 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials APR 2012

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7041 Correspondence in English JUN 1997 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to Become Property of Government MAR 1979 252.227-7024 Notice and Approval of Restricted Designs APR 1984 252.227-7032 Rights in Technical Data And Computer Software (Foreign) JUN 1975 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 252.236-7005 Airfield Safety Precautions DEC 1991 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 JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property APR 2012 252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012

252.245.7004 Reporting, Reutilization, and Disposal MAY 2013

252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification of Transportation of Supplies by Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013)

(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 System for Award Management 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, 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.

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within _*_ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time set for in each task order. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify in each TO either a number of days after the date the contractor received the notice to proceed, or a calendar date.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(As used in this clause, the word “item” shall mean “project”. Minimum order amount stated in para. (a) below applies to task order issued subsequent to the initial contract awards. As to the guaranteed minimum of $2,000 for the initial contract awards, refer to para. B-2, Section B of the solicitation/contract.)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than Y500,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of Y500,000,000;

(2) Any order for a combination of items in excess of Y800,000,000; or

(3) A series of orders from the same ordering office within five (5) business days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 24 months after end of contract.

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty-five (25) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

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

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from _____*_____ through ______*______.

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

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S.

mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

* Refer to Section F, F-2, CONTRACT PERIOD/PERFORMANCE PERIOD.

(End of Clause)

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE

CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S.

entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the appropriate Antiterrorism Force Protection Office at the Command Headquarters. Also see http://atep.dtic.mil.

252.225-7045 BALANCE OF PAYMENTS PROGRAM—CONSTRUCTION MATERIAL UNDER

TRADE AGREEMENTS (OCT 2013)

(a) Definitions. As used in this clause—

“Caribbean Basin country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition of “commercial item” in section 2.101 of the Federal Acquisition Regulation);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. 40102), such as agricultural products and petroleum products.

“Component” means any article, material, or supply incorporated directly into construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Designated country” means—

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu” (Chinese Taipei)), or the United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

“Designated country construction material” means a construction material that is a WTO GPA country construction material, a Free Trade Agreement country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different construction material distinct from the material from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“WTO GPA country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that…