6.SolicitationAttach_3__AdditionalContractRequirements.pdf

Attachment No. 3 for Solicitation No. FA5209-16-R-0012

ADDITIONAL CONTRACT REQUIREMENTS

1. 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

2. 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.

3. TASK ORDERS

A. Services to be furnished under this contract will be ordered by 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. 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.

C. Submission of TO Proposal: The contractors will be requested to submit the price proposal to the issuing office within the period stated in the TORFP.

D. TO Evaluation Criteria: Price will be evaluated in all task orders. The Contractor shall 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 filled in with the categories of work that are anticipated.

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

4. PERFORMANCE TIME FOR EACH TASK ORDER

Performance period of each project will be specified in Task Order Request for Proposal (TORFP). 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.

5. 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.

6. 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.

7. 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)".

8. 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.