3_SF1449-FA520914T0021.pdf

374TH CONTRACTING SQUADRON

UNIT 5228, BLDG 620, YOKOTA AB

FUSSA-SHI, TOKYO 197-0001 JAPAN

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5209-14-T-0021 28-Feb-2014

b. TELEPHONE NUMBER

042-552-3010

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 14 Mar 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA5209

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE SJ0610 16. ADMINISTERED BY

DEFENSE LOGISTICS AGENCY ENERGY JAPAN

BLDG 1584, UNIT 5266

FUSSA-SHI, TOKYO 197-0001 JAPAN

TEL: FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SONOMI YOSHIHASHI

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

532411

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA5209-14-T-0021

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot LEASING RAILWAY TANK CARS (RTCs)

FFP

This is Pre-Pried Blanket Purchase Agreement (BPA).

See Exhibit A and Attachment 1, Performance-based Work Statement (PWS) for details.

NSN: W022-LE-ASI

SIGNAL CODE: A

NET AMT

SCHEUDLE OF SUPPLIES/SERVICES

1. Description of Agreement: The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to 45-ton lease RTCs to the Defense Logistics Agency (DLA) Energy Japan in accordance with the terms and conditions of this contract and applicable Government of Japan (GOJ) laws and trade practices.

2. Performance period: The Period of Performance covered by this BPA is effective from 1 Apr 2014 through 31 Mar 2015, unless sooner withdrawn by the Contracting Officer.

3. Extent of Obligation: The United States Government is obligated only to the extent of the authorized calls actually placed against this BPA.

4. Purchase Limitation: No individual call by the authorized callers under the BPA shall exceed $150,000 (Japanese Yen equivalent at the time the call is placed).

5. Individuals Authorized to Place Calls: A list of the names of individuals authorized to place calls under the BPA, identified by organizational component and the dollar limitation per call for each individual will be furnished to the Contractor by the Contracting Officer.

6. Ordering Procedure: When multiple BPAs are awarded, calls will be made under the BPA which provides a lower price for each call based on the prices in the Price List.

7. Acceptance of Calls and Delivery Documents: Upon acceptance of a call, the Contractor is obligated to perform the service. The Contractor shall notify the Government of its written acceptance of a call, either by e-mail or fax, containing the minimum information listed below. The written confirmation shall serve as a delivery ticket under this BPA:

a. Name of Supplier

b. BPA Number

c. Date of Purchase

d. Call Number

e. Itemized List of Services Furnished

f. Quantity, Unit Price and Extension of Each Item, Less Applicable Discounts

8. Invoices: An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets identified at paragraph 7 above. Invoice shall be submitted in four (4) copies to the receiving officer specified in Block 18b for certification of receipt of services.

After certification, contractor’s invoice will be submitted to the paying office specified in Block 18a.

9. Approval of Price List: The Contractor shall furnish the Contracting Officer a mimimum of twenty (20) days advance notice prior to any contemplated change to the price list now approved. Any changes to the price list are subject to the approval of the Contracting Officer. The Contractor shall furnish firm price lists periodically as required by the Contracting Officer.

10. Receipt/Inspection/Acceptance: Responsibility for receiving, inspecting and accepting the services called for under this BPA is assigned to the Functional Commander of Defense Logistics Agency (DLA) Energy Japan.

His/her duly authorized representatives designated by the responsible official may act on his/her behalf.

11. Payment: Payment will be made by Japanese yen through Electronic Funds Transfer (EFT) IAW FAR 52.232-34 incorporated herein by the payment office specified in Block 18b of SF 1449.

12. Discontinuation Notice: If and when the Contractor desires to be released from contractual obligations, a written notice shall be provided 90 days in advance to the Government for discontinuation.

CLAUSES INCORPORATED BY FULL TEXT

Note 1: The Government contemplates single award of pre-priced Blanket Purchase Agreements (BPA) resulting from this solicitation.

Note 2: Solicitation provisions will be physically removed from any resultant award, but will be deemed to be incorporated by reference in the award.

Note 3: Submit offers in whole numbers only, no fractions less than one (1) yen.

Addenda to SF 1449

Block 17b of SF 1449, Remittance Address:

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment. The remittance address is used in the event the Government is unable to make the payment by Electronic Funds Transfer and sends a check to the Contractor.

Block 25, SF 1449, Accounting and Appropriation Data:

Accounting and appropriation data will be cited on each accountable ordering document issued by BPA Callers.

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items SEP 2013 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Alt III Transportation of Supplies by Sea (JUN 2013) Alternate III MAY 2002

Addendum to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (Sep 2013):

(k) Taxes. The text is deleted and replaced as follows:

(1) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the Government of Japan have agreed shall not be applicable to expenditures in Japan by or on behalf of the United States.

(2) The Status of Forces Agreement between the Japan and the United States and implementing the Japanese laws authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces. Those taxes include (1) Consumption tax, (2) Gasoline tax and local road tax on gasoline,

(3) Diesel oil tax, and (4) Liquefied petroleum gas tax.

(3) The Contractor will submit requests for gasoline or diesel oil tax exemption certificate to the Contracting Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to support the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the Contractor a tax exemption certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract.

(u) 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 the United States of America. Requests by the Contractor shall be made in accordance with the following procedures:

(1) 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 a request for conciliation with the Joint Committee and then request the appellate authority under the “Disputes” clause to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(2) The request for conciliation will be submitted by the Contractor through the nearest 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.

(3) In the event the disagreement submitted to the Joint Committee under subparagraph (2) 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.

(4) In the event the Contractor has submitted a request for conciliation to the Joint Committee under subparagraph

(2) above desires, notwithstanding tendency 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.

(5) 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 the conciliation panel, the Contractor shall proceed diligently with the performance of the contract 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 in a civil suit.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L.

111-5).

(6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L.

111-8, and section 745 of Division D of Pub. L. 110-161).

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (July 2013) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (July 2013) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Jul 2010) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

____ (ii) Alternate I (June 2003) of 52.219-23.

____ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (July 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

____ (25) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).

____ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).

____ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).

____ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

____ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

____ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

____ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

____ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

____ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

____ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

____ (ii) Alternate I (Dec 2007) of 52.223-16.

____ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (41) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

____(42)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(ii) Alternate I (MAR 2012) of 52.225-3.

(iii) Alternate II (MAR 2012) of 52.225-3.

(iv) Alternate III (NOV 2012) of 52.225-3.

____ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

____ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

X (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

“For the purpose of this clause, the block is completed to read below.

(b)(1) by date when the Contractor submits the first invoice using EFT Forms established by DFAS.”

____ (52) 52.232-36, Payment by Third Party (July 2013) (31 U.S.C. 3332).

____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

_____ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

_____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

LIST OF DOCUMENTS, EXHIBITS, OR ATTACHMENTS:

Title No. of Pages

Exhibit A Price List 1 page

Attachment 1 Performance-based Work Statement 5 pages

Attachment 2 Past/Present Performance Reference List 1 page

Attachment 3 Past/Present Performance Survey 7 pages

Note: Attachments 2 thru 3 will not become a part of the resulting agreement.

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JUL 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

Addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JULY 2013)

This provision is incorporated by reference, and paragraph (c) is modified to read as follows:

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer for 150 calendar days from the date specified for receipt of offers.

Addenda to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JULY 2013)

A. To assure timely and equitable evaluation of the offer, the offeror must follow the instructions contained herein. The offer must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

The response shall consist of two (2) separate parts; Part I – Price Offer, and Part II – Past Performance Information.

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists, no additional cost information will be requested.

However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit cost data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

C. Specific Instructions:

The offers shall be prepared to consist of the following two parts:

1. PART I – PRICE OFFER - Submit original and one (1) copy. The submission shall be made in sealed envelope, marked with the solicitation number, and the offer submission due date and time specified in this solicitation.

(a) Standard Form (SF) 1449. Complete Blocks 12, 17a, 17b (when applicable), 30a, 30b, and 30c of the SF 1449. In doing so, the offeror accedes to the BPA terms and conditions as written in the SOLICITATION, with attachments. The SOLICITATION constitutes the model contract.

(b) Supplies or Services and Prices/Costs (Continuation of Blocks 19 through 24 of SF 1449). Insert offered unit and extended prices in Exhibit A: PRICE LIST. Complete with offered unit price and extended amount for each listed line item. The extended amount must equal the whole yen unit price multiplied by the number of units.

(c) Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.212-3 shall be returned along with the offer in its entirety.

(d) Remittance Address (Continuation to Block 17b of SF 1449). Provide remittance address when Block 17b is checked. The remittance address is used in the event the Government is unable to make the payment by Electronic Funds Transfer and sends a check to the Contractor.

(e) Acknowledgment of solicitation amendments when issued.

2. PART II – PRESENT/PAST PERFORMANCE INFORMATION: The present/past performance information shall be recent and relevant information in demonstrating the offeror’s ability to successfully perform the required effort. Only references for the same or similar type contracts desired. The past performance information shall consist of (1) Present/Past Performance Reference List and (2) Present/Past Performance Survey. Submit original and one (1) copy.

(a) Present/Past Performance Reference List: The offeror shall prepare the Past Performance Reference List in the same format to Solicitation Attachment 3 and submit to 374 CONS/LGCZB, by either e-mail (sonomi.yoshihashi.jp@us.af.mil or maki.kodama.jp@us.af.mil) or FAX (042-551-0973 or 011-81-42-551-0973 from the United States), not later than 14 Mar 2014, 1400 hours to match the information of Past Performance Survey as required in below paragraph (b). The reference list shall contain no more than three (3) contracts performed (on-going or completed) as prime contractor, subcontractor, joint ventures and/or teaming partners of the most relevant contracts (similar in scope, size and complexity) for US Government agencies, Government of Japan or its political subdivisions, or commercial customers within the last 3 years of this solicitation release date. See below for “Relevant Contracts.” The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition, as important as performances by the prime contractor. Furnish the following information for each reference on the reference list.

(1) Name of contracting activity (e.g. Government Agency/Company name)

(2) Point of Contact (POC), Contracting Officer and/or Contract Administrator’s phone/FAX number, and e-mail address (if available)

(3) Contract number and project title

(4) Contract Type (e.g. Firm-Fixed Price, IDIQ, Requirements type)

(5) Total contract value

(6) Performance period (e.g. date/month/year through date/month/year)

(7) Description of contract work performed

(8) Contracting Officer’s name and phone number

(9) Government Inspector/commercial project manager and phone number

(10) List of major subcontractors if applicable

In addition, the offeror may provide information on problems encountered on the contracts identified above and corrective actions taken to resolve these problems. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk.

Relevant Contracts. Submit information on contracts which are similar in scope, magnitude and complexity to the services described in the PWS in demonstrating your ability to perform the proposed effort. Include rationale supporting your assertion of relevance. Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Relevant contracts (similar in scope, size and complexity) may include the work requirement(s) listed in Description of Services/General Information under the PWS, paragraph 1(Solicitation Attachment 1).

(b) Present/Past Performance Survey: The Government requires the Present/Past Performance Information of the contracts identified in Present/Past Performance Reference List from each contracting activity or commercial activities. The offeror shall send out the Present/Past Performance Survey (See Solicitation Attachment 4) to respective Points of Contact (POCs) of contracting activity identified in Present/Past Performance Reference List. The responsibility to send out the Present/Past Performance Survey rests solely with the offeror – i.e., it shall not be delegated to any other entity. Once the Present/Past Performance Survey is completed by your POCs, the information contained therein shall be considered sensitive and shall not be releasable. Present/Past Performance Survey shall be sent directly back to 374 CONS/LGCZ from evaluating agencies/companies, not later than 14 Mar 2014, 1400 hours by either e-mail (sonomi.yoshihashi.jp@us.af.mil or maki.kodama.jp@us.af.mil) FAX (042-551-0973 or 011-81-42-551-0973 from the United States) Offerors are responsible for ensuring that their reference sources receive the Present/Past Performance Survey in time to complete and return the Present/Past Performance Survey to 374th Contracting Squadron. No Present/Past Performance Survey will be accepted directly from the offeror being evaluated. The Government will evaluate the quality and extent of offeror’s experience deemed relevant to the requirements of this solicitation. The Government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources, to assess experience.

(c) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

(d) Subcontractor Consent: Present/Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the offer a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

(e) Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

(1) Requirements of the solicitation (Item Numbers) and Performance-based Work Statement (PWS), and government standards and regulations pertaining to the PWS.

(2) Evaluation Factors for Award.

3. General Information

(a) INFORMATION REGARDING SUBMISSION OF OFFER: Hand carried offers must be deposited in the bid depository located at 374th Contracting Squadron, Bldg 620, Yokota Air Base, Fussa-shi, Tokyo, #197-0010. The sealed envelope or package used to submit your offer must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror. Offerors may respond to the subject amendment via facsimile. Respond to this solicitation by fax is subject to the same rules as a response via hand-carry or postal mail. The number of receiving facsimile equipment is 042-551-0973 from inside Japan/81 (country code)-42-551-0973 from outside Japan. The Government reserves the right to make award based on the offeror’s response via facsimile. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed offer. Please note that submission of an offer by e-mail is NOT authorized.

(b) Offerors are cautioned that Yokota Air Base has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HAND CARRYING OFFERS. Offerors should allow sufficient time to obtain a visitor pass and arrive at the bid depository PRIOR to the time specified for receipt. Late offers will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

(c) U.S. HOLIDAYS: The following U.S. Holidays are observed by this base:

New Year’s Day: 1 January Martin Luther King’s Birthday: 3rd Monday in January Presidents Day: 3rd Monday in February Memorial Day: Last Monday in May Independence Day: 4 July Labor Day: 1st Monday in September Columbus Day: 2nd Monday in October Veterans Day: 11 November Thanksgiving Day: 4th Thursday in November Christmas Day: 25 December

Note: No Japanese Holidays will be observed.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) PRESENT/PAST PERFORMANCE

(2) PRICE

The Government intends to make award to the lowest priced offeror with acceptable past performance.

(b) Reserved.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS (JAN 1999) Paragraph (a) is modified to read as follows:

(a) BASIS FOR CONTRACT AWARD: This is a competitive best value acquisition utilizing the Lowest Price with Acceptable Past Performance source selection process. Award will be made to the lowest priced offer meeting the acceptability standard for past performance. By submission of its offer in accordance with the instructions provided in provision FAR 52.212-1, Instructions to Offerors--Commercial Items, the offeror accedes to the terms of this model BPA and all such offers shall be treated equally except for their prices and performance records. Failure to meet a requirement may result in an offer being determined unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

The Government intends up to two (2) pre-priced BPAs will be awarded as a result of this solicitation. The evaluation process shall proceed as follows:

A. Step 1, Price Evaluation. Initially offers shall be ranked according to price. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Exhibit A, Price List, by the unit price for each item to confirm the extended amount for each. The price evaluation will document the reasonableness and affordability of the proposed total evaluated price based upon individual unit price. For award purposes, the total evaluated price for each offeror will be evaluated base on the total offered price for Exhibit A, Price List. The total of all line items in Exhibit A, Price List, is the total evaluated price and will be used to rank offers. Offered prices will be examined for reasonableness and a finding of unreasonableness shall constitute a basis for removing the offer from consideration for award. An offeror must therefore propose on all line items. The Government reserves the right to perform price realism analysis.

B. Step 2, Past Performance Acceptability.

1. Using Present/Past Performance Survey, the Government shall seek performance information on all offerors based on (1) the references provided by the offerors and (2) data independently obtained from governmental and commercial sources. The Government past performance evaluation team shall evaluate the past performance information on a pass/fail basis and assign an overall performance rating of Acceptable or Unacceptable. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s performance risk (i.e. the Government’s judgment of the probability of an offeror successfully performing the effort described in this solicitation), based on the offeror’s demonstrated present and past performance on relevant contracts. Offeror rated unacceptable for past performance will not be considered for award.

2. Present/Past performance regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement will be evaluated as highly as past performance information for the principal offeror. Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

3. Offerors with no relevant past performance history are treated neither favorably nor unfavorably, however, the Government may use information obtained from other sources to determine a final past performance rating. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

4. Present/Past performance evaluation will be performed based on the following criteria:

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

(b) Relevancy: A relevant contract is prescribed in the provision FAR 52.212-1, Instructions to Offerors

– Commercial Items. Higher relevancy will be assessed for contracts that are most similar to the effort, or portion of the effort, for which that contractor is being proposed, and may contribute to an overall higher relevancy score.

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

Rating Definition

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

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

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

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

(c) Quality: The Government will evaluate contracts submitted by the offeror to determine whether performance met or exceeded contractual requirements with few or no minor problems. Quality assessment is assigned based on all the criteria in the Present/Past Performance Survey (Solicitation Attachment 4)

(1) Quality of Work

(2) Timely Performance/Schedule

(3) Effectiveness of Management for Resolution of Issues/Problems/Customer Complaints

(4) Compliance with the Applicable Rules, Regs, Laws, including Safety Standards

5. When relevant performance record indicates performance problems, the Government will consider the number and severity of the problems and the appropriateness and effectiveness of any corrective actions taken (not just planned or promised). The Government may review more recent contracts or performance evaluations to ensure corrective actions have been implemented and to evaluate their effectiveness.

6. In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

7. The assessment process will result in an overall performance rating of Acceptable or Unacceptable as defined below:

PAST PERFORMANCE EVALUATION RATINGS

Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

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

C. The Government may award multiple pre-priced BPAs up to two (2); however, the government reserves the right to award less than two (2) BPAs. If the first (up to two (2)) lowest priced evaluated offers are judged to have a performance confidence assessment of “Acceptable”, those offers represent the best value for the government and the evaluation process stops at this point. Award may be made to those offerors without further consideration of any other offers.

D. If the first (up to two (2)) lowest priced offerors are not judged to have “Acceptable” performance assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until two (2) offerors are judged to have “Acceptable” performance assessment or until all offerors are evaluated.

E. The government reserves the right to award a contract to other than the lowest price offer if the lowest priced offeror is judged to have an unacceptable past performance rating.

F. Offerors are cautioned to submit sufficient information and in the format specified in paragraph ADDENDA TO 52.212-1, Instructions to Offerors--Commercial Items, paragraph C. Offeror’s may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond.

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013)

ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (e) through (o) of this provision.

(Paragraphs (c), (d), (f), (g), (i), and (k) are not applicable to this solicitation due to the non-applicability of acquisition at overseas.)

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

"Economically disadvantaged women-owned small business (EDWOSB) Concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of…