1 Solicitation Amendment - FA520919RA0060007.pdf

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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, is not required.

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

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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

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

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

Created On: 01 May 2023, 08:34 PM Central Standard Time

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

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

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Section A - Solicitation/Contract Form

Multiple Award Construction Contract (MACC) for U.S. Army and Air Force, Japan

FA520919RA0060007

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Multiple Award Construction Contract (MACC) is a multiple-award, competitive design-build and construction only indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order. The work will consist of multiple disciplines in general construction categories of U.S. Army and Air Force (AF) MACC programs (see Section J, Attachment J-2), entitled below:

MACC, U.S. Army Installations within Honshu, Japan MACC for Yokota Air Base & its Geographically-Separated Units (GSUs), Japan

MACC awardees are required to meet Attachment J-1, para. H010 "Competition" and any other requirements stated under this acquisition.

Minimum/Maximum Contract Amount (see Section J, Attachment J-1, Other Contract Requirements, para.

B002) The period of performance will be a basic 12-month contract period with nine one-year option periods in accordance with (IAW) DFARS 217.204.

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

Note: Price fill-in is not required in this section. Price proposal for MACC Mock Project shall be provided based on the Air Force General Provisions (Attachment J-2.b), Statement of Work and its associated documents (Attachment J-3), and submitted along with and Past Performance Information in accordance with Section L.

This MACC Program ceiling is $990,000,000.00

The subject contract is currently under Option Year 1, and on-ramping will not change the overall duration of the contract.

Item Supplies/Service Quantity Unit Unit Price

Amount

Basic Year Period: One year from the date of contract award

Pricing Arrangement: Firm Fixed Price

1 Lot

000101 Ordering Period: From 8 May 20 to 7 May 21 Base Period Firm Fixed Price

Option Line Item 000102

Ordering Period: From 8 May 21 to 7 May 22 Option One Period

Option Line Item 000103

Ordering Period: From 8 May 22 to 7 May 23 Option Two Period

000104 Ordering Period: From 8 May 23 to 7 May 28 Option Three Period

000105 Ordering Period: From 8 May 28 to 7 May 30 Option Four Period

Section C - Description/Specifications/Statement of Work

The Contractor shall furnish the services and supplies set forth in Section B in accordance with the General Provisions listed in Section J, Attachment J-2, and statement of work, specifications and/or drawings called for by individual task order when issued.

Requirements Indefinite-Delivery/Indefinite-Quantity (IDIQ) Multiple Award Construction Contract (MACC), U.S. Army Installations within Honshu, Japan and Yokota Air Base and its Geographically-Separated Units (GSUs), Japan

Section D - Packaging and Marking

(Reserved)

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996 52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements. Aug 1996

Overall Contract Inspection/Acceptance Locations

000101 Inspection and Acceptance Location

Both Destination Instructions: Instructions: Designated POC is to be assigned by each Task Order

DoDAAC: F4G3A3 CountryCode: JPN

374TH CES ENGINEERING FLT YOKOTA AB

AF BPN NO MILSBILLS PROCESSES, UNIT 5104 BLDG 937

FUSSA SHI

JAPAN

374 CES

Telephone: 225-7066

Option Line Item 000102

Inspection and Acceptance Location

Both Destination Instructions: Designated POC is to be assigned by each Task Order

DoDAAC: F4G3A3 CountryCode: JPN

374TH CES ENGINEERING FLT YOKOTA AB

AF BPN NO MILSBILLS PROCESSES, UNIT 5104 BLDG 937

FUSSA SHI

JAPAN

374 CES

Telephone: 225-7066

Option Line Item 000103

Inspection and Acceptance Location

Both Destination Instructions: Designated POC is to be assigned by each Task Order

DoDAAC: F4G3A3 CountryCode: JPN

374TH CES ENGINEERING FLT YOKOTA AB

AF BPN NO MILSBILLS PROCESSES, UNIT 5104 BLDG 937

FUSSA SHI

JAPAN

374 CES

Telephone: 225-7066

000104 Inspection and Acceptance Location

Both Destination Instructions: Designated POC is to be assigned by each Task Order

DoDAAC: F4G3A3 CountryCode: JPN

374TH CES ENGINEERING FLT YOKOTA AB

AF BPN NO MILSBILLS PROCESSES, UNIT 5104 BLDG 937

FUSSA SHI

JAPAN

374 CES

Telephone: 225-7066

000105 Inspection and Acceptance Location

Both Destination Instructions: Designated POC is to be assigned by each Task Order

DoDAAC: F4G3A3 CountryCode: JPN

374TH CES ENGINEERING FLT YOKOTA AB

AF BPN NO MILSBILLS PROCESSES, UNIT 5104 BLDG 937

FUSSA SHI

JAPAN

374 CES

Telephone: 225-7066

Section F - Deliveries or Performance

Overall Contract Delivery Period

From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Quantity Address and POC

000101 Additional Descriptive Data:

Ordering Period From 8 May 20 To 7 May 21

Option Line Item 000102

Additional Descriptive Data:

Ordering Period From 8 May 21 To 7 May 22

Option Line Item 000103

Additional Descriptive Data:

Ordering Period From 8 May 22 To 7 May 23

000104

Additional Descriptive Data:

Ordering Period From 8 May 23 To 7 May 28

000105

Additional Descriptive Data:

Ordering Period From 8 May 28 To 7 May 30

FAR Clauses Incorporated by Full Text

52.211-12 Liquidated Damages-Construction. Sep 2000

(a) If the Contractor fails to complete the work within the time specified in individual task order, the Contractor shall pay liquidated damages to the Government in the amount of ___*_____ for each additional 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 requirement and incorporated into the resultant Task Order identifying the liquidated damages rate applicable to that individual Task Order.

(a) If the Contractor fails to complete the work within the time specified in individual task order, the Contractor shall pay liquidated damages to the Government in the amount of ___*_____ for each additional 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 requirement and incorporated into the resultant Task Order identifying the liquidated damages rate applicable to that individual Task Order.

Section G - Contract Administration Data

ACCOUNTING AND APPROPRIATION DATA

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

Section H - Special Contract Requirements

(Reserved)

Section I - Contract Clauses

Addendum to DFARS 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. (June 2015)

(a) Paragraph 252.225-7043(d) are deleted in their entirety and replaced with following sentence:

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

Additional information:

Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, ASD (SOLIC); telephone, DSN 227-7205 or commercial (703)697-7205.

For Army contracts: HQDA-AT; telephone, DSN 222-9832 or commercial (703) 692-9832.

For Air Force and Combatant Command contracts: The appropriate Antiterrorism/Force Protection Office at the Command Headquarters. Also see https://atep.dtic.mil.

For additional information: Assistant Secretary of Defense for Homeland Defense and Global Security, ASD (HS/GS); telephone, DSN 227-6566 or 260-8350 or commercial (703) 697-6566 or (571) 256-8350.

(End of Clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. Nov 2013 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Sep 2006 52.203-7 Anti-Kickback Procedures. May 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Oct 2010 52.203-13 Contractor Code of Business Ethics and Conduct. Oct 2015 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 2018 52.204-12 Unique Entity Identifier Maintenance Oct 2016 52.204-13 System for Award Management Maintenance. Oct 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Aug 2020

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

Oct 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.211-13 Time Extensions. Sep 2000 52.211-18 Variation in Estimated Quantity. Apr 1984 52.215-2 Audit and Records-Negotiation. Oct 2010 52.216-7 Alt I Allowable Cost and Payment Feb 1997 52.217-7 Option for Increased Quantity-Sperately Priced Line Item Mar 1989 52.222-50 Combating Trafficking in Persons. Jan 2019 52.223-3 Hazardous Material Identification and Material Safety Data. Jan 1997 52.223-15 Energy Efficiency in Energy-Consuming Products. Dec 2007 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 Workers' Compensation Insurance (Defense Base Act). Jul 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas. Apr 1984 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-11 Pledges of Assets. Aug 2018 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. Jan 2017 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018

52.232-37 Multiple Payment Arrangements May 1999 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Dec 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 52.236-16 Alt Quantity Surveys (Apr 1984) - Alternate I Apr 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I Apr 1984 52.236-13 Alt Accident Prevention (Nov 1991) - Alternate I Nov 1991 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 52.236-14 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 52.236-23 Responsibility of the Architect-Engineer Contractor Apr 1984 52.236-24 Work Oversight in Architect-Engineer Contractor 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. Aug 2019 52.245-1 Alt I Government Property Alt I Apr 2012 52.245-1 Government Property Jan 2017 52.245-9 Use and Charges. Apr 2012 52.246-21 Warranty of Construction. Mar 1994 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

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative Dec 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

Dec 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7006 Billing Instructions. Oct 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 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.

May 2019

252.211-7007 Reporting of Government-Furnished Property. Aug 2012 252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.223-7001 Hazard Warning Labels. Dec 1991 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. Dec 2017 252.225-7041 Correspondence in English. Jun 1997 252.225-7048 Export-Controlled Items. Jun 2013 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 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 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 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2012 252.244-7000 Subcontracts for Commercial Items Jun 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property Apr 2012 252.245-7002 Reporting Loss of Government Property. Dec 2017 252.245-7003 Contractor Property Management System Administration. Apr 2012 252.245-7004 Reporting, Reutilization, and Disposal. Dec 2017 252.247-7023 Transportation of Supplies by Sea. Feb 2019

FAR Clauses Incorporated by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a)commence work under this contract when a Task Order (TO) is issued, within the period specified in the TO 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 period or date set forth in the TO. The time stated for completion shall include final cleanup of the premises.

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction. Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a)commence work under this contract when a Task Order (TO) is issued, within the period specified in the TO 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 period or date set forth in the TO. The time stated for completion shall include final cleanup of the premises.

52.216-19 Order Limitations. Oct 1995

As prescribed in 16.506(b), insert a clause substantially the same as follows:

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __Y500,000__ , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor- (1)Any order for a single item in excess of __Y1,000,000,000__ ;

(2)Any order for a combination of items in excess of __Y2,000,000,000__; or (3)A series of orders from the same ordering office within __five (5) business__ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c)If this is a requirements contract (i.e.,includes the Requirements clause at subsection52.216-21 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) of this section.

(d)Notwithstanding paragraphs(b) and (c) of this section, 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.

(End of clause)

As prescribed in 16.506(b), insert a clause substantially the same as follows: Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __Y500,000__ , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1)Any order for a single item in excess of __Y1,000,000,000__ ; (2)Any order for a combination of items in excess of __Y2,000,000,000__; or (3)A series of orders from the same ordering office within __five (5) business__ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c)If this is a requirements contract (i.e.,includes the Requirements clause at subsection52.216-21 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) of this section.

(d)Notwithstanding paragraphs(b) and (c) of this section, 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. (End of clause)

52.216-22 Indefinite Quantity. Oct 1995

As prescribed in 16.506(e), insert the following clause:

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 individual Task Order__.

(End of clause)

As prescribed in 16.506(e), insert the following clause: 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 individual Task Order__. (End of clause)

52.217-9 Option to Extend the Term of the Contract. Mar 2000

As prescribed in 17.208(g), insert a clause substantially the same as the following:

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 within __30 days prior to expiration of contract period__ ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __sixty (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 __120 months__ (months) (years).

(End of clause)

As prescribed in 17.208(g), insert a clause substantially the same as the following: 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 within __30 days prior to expiration of contract period__ ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __sixty (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 __120 months__ (months) (years). (End of clause)

52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (OCT 2010) Oct 2010 is modified to reflect the Contracting Officer’s waiver of requirement for payment bonds and sureties appearing on Treasury Department Circular 570 which was made in accordance with FAR 28.102-1(a)(1) and FAR 28.202(b), as follows.

1. The words of "and payment" are deleted from the words of "performance and payment" at the clause title, para. (b), and para. (b)(3)(i), respectively. In addition, para. (b)(2) and (e) are deleted from the clause in their entirety.

2. The words of “, or sureties authorized for issuance of the performance bond by the Financial Service Agency, theGovernment of Japan” are added at the end of 1st sentence in para. (d).

(End of clause) is modified to reflectthe Contracting Officer’s waiver of requirement for payment bonds and sureties appearing on TreasuryDepartment Circular 570 which was made in accordance with FAR 28.102-1(a)(1) and FAR 28.202 (b), asfollows.1. The words of "and payment" are deleted from the words of "performance and payment" at the clause title, para. (b), andpara. (b)(3)(i), respectively. In addition, para. (b)(2) and (e) are deleted from the clause in their entirety.2. The words of “, or sureties authorized for issuance of the performance bond by the Financial Service Agency, theGovernmentof Japan” are added at the end of 1st sentence in para. (d). (End of clause)

52.236-1 Performance of Work by the Contractor. Apr 1984

As prescribed in 36.501(b), insert the following clause: [Complete the clause by inserting the appropriate percentage consistent with the complexity and magnitude of the work and customary or necessary specialty subcontracting (see 36.501 (a)).] Performance of Work by the Contractor (Apr 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least __twelve (12)__ percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

As prescribed in 36.501(b), insert the following clause: [Complete the clause by inserting the appropriate percentage consistent with the complexity and magnitude of the work and customary or necessary specialty subcontracting (see 36.501 (a)).] Performance of Work by the Contractor (Apr 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least __twelve (12)__ percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (End of clause)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991), is modified as follows, in accordance with AFFARS 5336.507: Nov 1991

The first sentence in the clause at FAR 52.236-7 is modified to reflect "host government and political subdivisions" in lieu of "Federal, State, and Municipal" (End of clause)

The first sentence in the clause at FAR 52.236-7 is modified to reflect "host government and political subdivisions" in lieu of "Federal, State, and Municipal" (End of clause)

52.252-2 Clauses Incorporated by Reference. Feb 1998

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

__- Hill AFBâs FARSite (valid until 1 Oct 2019), URL: http//farsite.hill.af.mil __ __- Acquisition.GOV, URL: https://www.acquisition.gov/browse /index/far__ __- Defense Pricing and Contracting, URL: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html__ (End of clause)

As prescribed in 52.107(b), insert the following clause: Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): __- Hill AFBâs FARSite (valid until 1 Oct 2019), URL:

http//farsite.hill.af.mil __ __- Acquisition.GOV, URL: https://www.acquisition.gov/browse/index/far__ __- Defense Pricing and Contracting, URL: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html__ (End of clause)

52.252-4 Alterations in Contract. Apr 1984

As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.

Alterations in Contract (Apr 1984) Portions of this contract are altered as follows:

__None.__ ____ ____ (End of clause)

As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.

Alterations in Contract (Apr 1984) Portions of this contract are altered as follows: __None.__ ____ ____ (End of clause)

52.252-6 Authorized Deviations in Clauses. Apr 1984

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert (DEVIATION) after the date of the clause.

Authorized Deviations in Clauses (Apr 1984) (a)The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

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

(End of clause)

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert (DEVIATION) after the date of the clause. Authorized Deviations in Clauses (Apr 1984) (a)The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause. (b) The use in this solicitation or contract of any __Defense Federal Acquisition Regulation Supplement __. (48 CFR __Chapter 2__) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation. (End of clause)

DFARS Clauses Incorporated by Full Text

252.216-7006 Ordering. May 2011

As prescribed in 216.506(a), use the following clause:

ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from __the date of contract award__ through __12 months after the date of contract award__.

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

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

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

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

(End of clause)

As prescribed in 216.506(a), use the following clause: ORDERING (MAY 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from __the date of contract award__ through __12 months after the date of contract award__. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c)(1) If issued electronically, the order is considered issued when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered issuedwhen the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. (3) Orders may be issued orally only if authorized in the schedule. (End of clause)

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. Jun 2015

As prescribed in 225.372-2, use the following clause: ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

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

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

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

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S.

Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

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

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

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

(1) A foreign government;

(2) A representative of a foreign government; or

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

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the appropriate Antiterrorism Force Protection Office at the Command Headquarters. Also, see http://atep.dtic.mil. For additional information: Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, ASD (SOLIC): telephone, DSN: 227-7205 or commercial (703)697-7205.

(End of clause)

252.225-7045 Balance of Payments Program--Construction Material Under Trade Agreements. Sep 2016

(a) Definitions. As used in this clause—

Caribbean Basin country construction material means a construction material that---

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

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

Commercially available off-the-shelf (COTS) item--

(i) Means any item of supply (including construction material) that is--

(A) A commercial item (as defined in paragraph (1) of the definition of ``commercial item'' in section 2.101 of the Federal Acquisition Regulation);

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

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

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

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

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

Cost of components means--

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

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

Designated country means--

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

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

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

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

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

Domestic construction material means--

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

(ii) A construction material manufactured in the United States, if--

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.

Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(B) The construction material is a COTS item.

Free Trade Agreement country construction material means a construction material that--

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

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

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

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

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

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

WTO GPA country construction material means a construction material that--

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

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

(b) This clause implements the Balance of Payments Program by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements apply to this acquisition. Therefore, the Balance of Payments Program restrictions are waived for designated country construction materials.

(c) The Contractor shall use only domestic or designated country construction material in performing this contract, except for--

(1) Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation;

(2) Information technology that is a commercial item; or

(3) The construction material or components listed by the Government as follows:

None

(End of clause)

(a) Definitions. As used in this clause—Caribbean Basin country construction material means a construction material that---(i) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or(ii) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean country into a new and different construction material distinct from the materials from which it was transformed.Commercially available off-the-shelf (COTS)…