3._FA520916R0008.pdf

A. Project Title: Multiple-Aw ards, Indefinite-Delivery, Indefinite Quantity (IDIQ), Contracts for Maintenance & Repair Road/Airf ield Pavements, Yokota Air Base and Off-base Sites, Japan

B. Description of Work: See Section B for details

C. The total program value is Not-to-Exceed $10,000,000 (or Yen equivalent) over a five-year period w hich includes one-basic year and four option years.

D. This acquisition is unrestricted; how ever, this solicitation includes clauses authorized for the purpose of construction effort in Japan: FAR 52.236-7 (modified IAW AFFARS 5336.507, to read "Government of Japan") and DFARS 252.225-7042, under w hich offerors are required to be the f irms that have been registered and hold construction contractor license under the law of Japan.

E. The Government intends to aw ard up to three(3) contracts. How ever, the Government reserves the right to aw ard few er or more than three (3) contracts.

F. Performance Bond: Refer to Section I, FAR 52.228-15, Performance and payment Bonds - Construction".

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

H. Block 11, 12A, 12B, 13B below : Applies to individual task orders. Refer to paragraph F above for Performance Bond.

TOMOKO SHIODA 042-552-3014

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

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

NEGOTIATED

01-Mar-2016

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________30 Mar 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

374TH CONTRACTING SQUADRON

UNIT 5228, BLDG 620, YOKOTA AB

FUSSA-SHI, TOKYO 197-0001 JAPAN

FA5209

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

FA5209-16-R-0008 49

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA5209-16-R-0008

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 1 Lot Paving IDIQ (Basic Period)

FFP

Basic Year Period (For 12 months from the date of contract award) This is a multiple award, competitive Indefinite Delivery-Indefinite Quantity (IDIQ) construction acquisition including two work elements: Design-Build and Construction Only. Projects are based on a specification/Statement of Work further defined with each individual Task Order (TO).

Note: The minimum guarantee for this contract is $5,000.00. This minimum guarantee is to be obligated upon award of the contract and will be satisfied with the issuance of the first task order. The Contractors are reminded that the Government will not be committed to place task orders up to the Not-to-Exceed limit of the Contract during the life of the contract.

Unit Price, Estimated Amount and Estimated Net Amount of $2,000,000 will be inserted in Unit Price, Estimated Amount and Estimated Net Amount field at the time of award.

SIGNAL CODE: A

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 1 Lot OPTION Paving IDIQ (Option One)

FFP

Option Year One (For 12 months subsequest to Basic Year Completion) Unit Price, Estimated Amount and Estimated Net Amount of $2,000,000 will be inserted in Unit Price, Estimated Amount and Estimated Net Amount field at the

UNIT UNIT PRICE ESTIMATED AMOUNT

2001 1 Lot OPTION Paving IDIQ (Option Two)

FFP

Option Year Two(For 12 months subsequest to Option Year One Completion) Unit Price, Estimated Amount and Estimated Net Amount of $2,000,000 will be inserted in Unit Price, Estimated Amount and Estimated Net Amount field at the

UNIT UNIT PRICE ESTIMATED AMOUNT

3001 1 Lot OPTION Paving IDIQ (Option Three)

FFP

Option Year Three (For 12 months subsequest to Option Year Two Completion) Unit Price, Estimated Amount and Estimated Net Amount of $2,000,000 will be inserted in Unit Price, Estimated Amount and Estimated Net Amount field at the

UNIT UNIT PRICE ESTIMATED AMOUNT

4001 1 Lot OPTION Paving IDIQ (Option Four)

FFP

Option Year Four (For 12 months subsequest to Option Year Three Completion) Unit Price, Estimated Amount and Estimated Net Amount of $2,000,000 will be inserted in Unit Price, Estimated Amount and Estimated Net Amount field at the

DESCRIPTION OF WORK

This is a Multiple Award, Indefinite-Delivery – Indefinite Quantity (IDIQ), Contracts for Maintenance & Repair Road/Airfield Pavements, Yokota Air Base and Off-base Sites, Japan wherein work will be accomplished through issuance of Task Order(s) on DD Form 1155. The awardees (Contractors) shall provide supervision, labor, equipment, and materials necessary to accomplish in accordance with the specifications provided under this contract and the statement of work, drawings and/or sketches called for by each individual task order. The contract will include no pre-established fixed contract prices, and the work will be required in each individual task order on a firm-fixed price basis. The Contract will be effective for one-year basic year, with four (4) one-year options that may be exercised at the discretion of the Government, with a guaranteed minimum amount of $5,000 and maximum limit of $10,000,000 for the entire life of the contract. The Contractor is however, reminded that the Government will not be committed to place task order(s) up to the maximum limit of the contract during the life of the contract.

Note: 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 the Contractor upon receipt of the official announcement in each respective FY (fiscal year).

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 $10,000,000.

CLAUSES INCORPORATED BY FULL TEXT

YCB001 CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

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

NOTE FOR OFFERORS

1. Price fill-in is not required in this section. Price proposal shall be provided using the format in Section J, Attachment 6d and 7c based on the Specifications and Drawings (Attachment 1 and 2) and the Seed and Mock Projects’ Statement of Work (Attachment 6a and 7a), and submitted along with Past Performance Information and Past Performance Questionnaires in accordance with Paragraph L-1, in Section L.

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

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

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

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

Inspection and acceptance will be at destination(s) of each project specified in individual Task Order.

FURTHER INSPECTION INSTRUCTIONS

NOTICE OF COMPLETION OF TASK ORDER/FINAL INSPECTION:

When the Contractor is ready for final inspection, a request will be forwarded in writing to the Contracting Officer or his/her designated representative unless prior verbal arrangements have been made. Final inspection will normally be requested five working days prior to the desired date or as otherwise negotiated with the Contracting Officer. Final inspection shall be scheduled prior to the completion date of the applicable task order.

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

Final inspection will be performed with representation from Contracting, Civil Engineering and the Contractor as a minimum. Should discrepancies be noted, the punch list items are to be completed within the established performance period of the Task Order. The Contracting Officer reserves the right to both decline the Contractor’s request for a final or suspend a final inspection when it is evident that the Contractor is not ready for the final inspection.

DESIGNATION OF GOVERNMENT INSPECTOR:

The Base Civil Engineer or his/her authorized representative is designated as the representative of the Contracting Officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract. The inspector is not authorized or required to perform the quality control for the contract.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 1 year after the date of contract

1 374TH CIVIL ENGINEER SQ

ENGINEERING FLIGHT

UNIT 5104 BLDG 937

YOKOTA AB

FUSSA-SHI, TOKYO 197-0001 JAPAN

011-81-311-755-9395 FOB: Destination

F4G3A3

1001 1 year after the date of

CLIN 0001 (if exercised)

1 (SAME AS PREVIOUS LOCATION)

2001 1 year after the date of

CLIN 1001 (if exercised)

1 (SAME AS PREVIOUS LOCATION)

3001 1 year after the date of

CLIN 2001 (if exercised)

1 (SAME AS PREVIOUS LOCATION)

4001 1 year after the date of

CLIN 3001 (if exercised)

1 (SAME AS PREVIOUS LOCATION)

52.211-13 Time Extensions SEP 2000

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

(a) If the Contractor fails to complete the work within the time specified in the contract, 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.

YCF001 PLACE OF PERFORMANCE

Services under this contract are required to be performed at the following location(s): See Section J, Attachment 1, Contract Specification for MAINTENANCE & REPAIR , ROAD / AIRFIELD PAVEMENTS (IDIQ), Division 01, Section 01 11 00, Part 1, Paragraph 1.3.

YCF005 PERFORMANCE TIME FOR EACH TASK ORDER

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

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

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

Section G - Contract Administration Data

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUNE 2012)

(a) Definitions. As used in this clause–

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

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

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

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

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

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

Construction Payment Invoice

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

Inspection Location: Destination Acceptance Location: Destination

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

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F68800 Issue By DoDAAC FA5209 Admin DoDAAC FA5209 Inspect By DoDAAC F4G3A3 Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC FA5209 LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

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

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

eddie.bagtas.2@us.af.mil olivia.furlan@us.af.mil tomoko.shioda.jp@us.af.mil 374cons.lgcb.wawf@us.af.mil

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

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

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

YCG001 ACCOUNTING AND APPROPRIATION DATA

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

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

YCG002 CONTRACT ADMINISTRATION

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

Section H - Special Contract Requirements

YCH002 VEHICLE INSURANCE

Vehicle insurance certificate in paragraph (b) of the clause at AFFARS 5352.242-9000, Contractor Access to Air Force Installations, in Section I must cover the automobile liability insurance in the types and minimum amounts specified below:

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

Insurance (JCI)

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

YCH005 PERFORMANCE BOND

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

(b) Upon receipt of individual TO issued, the contractor shall furnish an executed performance bond to the Contracting Officer as follows:

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

(2)Within 30 Calendar Days (CD) after the receipt date of TO by the contractor unless otherwise a period shorter/longer than 30 CD is specified in the TO; and

(3) In a penal sum of performance bond equal to100 percent of TO award amount, properly executed on Standard Form 25. In case that the procedural matters of the surety (non-life insurance company in the case of Japan) affecting submission of the bond stipulated above arises, the contractor shall immediately report such fact in writing to the Contracting Officer for his/her determination.

(c) Consent of Surety/Additional performance bond shall be required when the TO amount is increased/decreased by more than 25% or $50,000 or equivalent Japanese Yen amount as indicated in the TO modification. The contractor shall furnish an executed additional performance bond to the Contracting Officer, in a penal sum equal to the increase of TO amount, within the period specified in the TO modification or the Contracting Officer's letter otherwise issued.

(d) Failure by the contractor to submit the performance bond as stated above may constitute actionable grounds to invoke termination action pursuant to Section I, Contract clause, FAR 52.249-10 entitled "Default (Fixed-Price Construction)".

YCH006 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

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

YCH008 DEFINITION OF “GOVERNMENT”

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

YCH009 TASK ORDERS

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

(b) Project Scope of Work: The projects may be non-complex performance oriented tasks requiring minimal design for design-build construction.

(c) Task Order Request for Proposal (TORFP): TORFP will be issued to each of the contractors by 374 CONS when the project is identified. The TORFP will include statement of work, list of work elements and/or sketches that define the project and state the Government requirements. All attachments to TORFP, if applicable, will be considered to be a part of the project scope of work. The joint site visit will be held by the Government and the contractors as requested in the TORFP, to discuss all conditions and details of the work.

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

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

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

(3) Past Performance. Recent and Relevant performance information. Definition of “Recent” and “Relevant” are as follows. The TORFP shall be prepared at no cost to the Government, and are not reimbursable by the Government.

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

(ii) Relevancy: A relevancy determination of the offeror's present and past performance as prime contractor, subcontractor, joint ventures, and/or teaming partners will be made. Higher relevancy will be assessed for contracts that are most similar to the effort, or portion of the effort, for which that contractor is being proposed, and may contribute to an overall higher relevancy score for the offeror. The Government is not bound by the offeror's opinion of relevancy. The following relevancy definitions apply:

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

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

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

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

(e) TO Evaluation Criteria: Price will be evaluation criteria in all task orders. The Contractor will provide their best price for the individual task order in their initial proposal. There are no pre-established labor rates, etc. included within the contract. The Contractor will utilize the Task Order Pricing Template when providing their price for each individual task order. The Government will provide a Task Order Pricing Template for each task order with the TORFP, TORFQ, TOIFB filled in with the categories of work that are anticipated.

The Government may include evaluation criteria in the TORFP, TORFQ, TOIFB other than price. The following includes a list of potential evaluation criteria (this list is not all encompassing):

(1) Past Performance – Task Order past performance or prior past performance on other contracts

(2) Ability to Meet Schedule Requirements

(3) Relevant Experience

(4) The contractor’s technical understanding of the work

(5) Specific technical and/or management capabilities’

YCH010 CONCILIATION

Except as otherwise provided in this contract any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for conciliation in accordance with paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and United States of America. Requests by the Contractor for conciliation shall be made in accordance with the following procedures:

(a) In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the Clause of this contract entitled DISPUTES, and within the time limits described therein before filing request for conciliation with the Joint Committee and then request the appellate authority under the Clause of this contract entitled DISPUTES, to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(b) The request for conciliation will be submitted by the Contractor through the nearest local Japanese Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

(c) In the event the disagreement submitted to the Joint Committee under subparagraph (b) above has been resolved through conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the Clause of this contract entitled DISPUTES, of the settlement of the dispute and to withdraw his appeal.

(d) In the event the Contractor who has submitted a request for conciliation to the Joint Committee under subparagraph (b) above desires, notwithstanding pendency of his request for conciliation, that action by the appropriate authority under the Clause of this contract entitled DISPUTES, be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the Contractor of his action taken hereunder.

(e) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the Clause of this contract entitled DISPUTES, has been rendered.

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

YCH013 PROPOSAL PREPARATION COSTS

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

YCH014 COMPETITION

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

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

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

52.204-4 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

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

OCT 2015

52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.216-7 Alt I Allowable Cost and Payment (Jun 2013) - Alternate I FEB 1997 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 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

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-11 Pledges Of Assets JAN 2012 52.228-14 Irrevocable Letter of Credit NOV 2014 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 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 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 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items DEC 2015 52.248-3 Value Engineering-Construction OCT 2015 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

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 Country that is a State Sponsor of Terrorism

OCT 2015

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, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7041 Correspondence in English JUN 1997 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 252.232-7010 Levies on Contract Payments DEC 2006 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 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea APR 2014

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JULY 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 consists 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.

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 Task Order either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(As used in this clause, the work “item” shall mean “project”. Minimum order amount stated in paragraph (a) below applies to task order issued subsequent to the initial contract awards. As to the guaranteed minimum of $5,000 for the initial contract awards, refer to Section B, DESCRIPTION OF WORK.

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000, 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 $1,200,000;

(2) Any order for a combination of items in excess of $3,640,000; 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 the delivery date shown in each task order.

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 calendar days prior to contract expiration; 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.

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.