2_Ament2_Atc_J1_Other_Req.pdf

FA5209‐19‐R‐A006

Attachment J‐1

OTHER CONTRACT REQUIREMENTS

(Revised by Amendment 0003)

1. Supplies or Services and Price

B001 DESCRIPTION OF WORK

Multiple Award Construction Contracts (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 MACC program will consist of a broad range of multiple disciplined design build and construction only projects, and provide contingency and response capabilities at U.S.

Army and Air Force (AF) installations, Japan. Such projects may include maintenance, alteration, repair, renovation, and minor construction utilizing multiple engineering disciplines such as architectural, structural, electrical, mechanical, and civil (including paving). Types of structures may include, but are not limited to, administrative buildings, hospital and medical buildings, auditoriums, hangars, airfields, fire stations, garages, etc.

B002 MINIMUM/MAXIMUM CONTRACT AMOUNTS

(a) The only work authorized under this contract is that which is ordered in Japanese Yen via a Task Order. A minimum of $2,000 (Yen equivalent amount) is guaranteed for the IDIQ contracts awarded. This guarantee will be met by the contractors’ attendance and participation in a joint post-award conference held for both Army and AF.

(b) The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered in excess of the minimum guarantees specified herein. The maximum aggregate amount of the MACC program, inclusive of all awarded MACC contracts, including all option periods, shall not exceed $990,000,000

(Yen equivalent amount - see Note below for details).

Note:

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

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

B003 STATUTORY COST LIMITATION

Unspecified Minor Construction (UMC) - Operation and Maintenance (O&M) is subject to Statutory Cost

Limitation (SCL) of $2,000,000.00 or equivalent Japanese Yen amount IAW Section L, DFARS 252.236-7006, Cost Limitation. Amount of UMC - O&M, if included in the TO, shall not exceed the said SCL. For the purpose of conversion from Yen amount to U.S. Dollar, respective fiscal years' Foreign Currency Fluctuation Defense (FCFD) budget rate will be announced to the contractors in the beginning of respective fiscal year.

B004 CLAUSES AND PROVISIONS

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

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

(c) Section K, L and M, Attachments J-3 and -4 of the solicitation, and para. 8 below will be physically removed from any resultant award, but will be deemed to be incorporated by reference, in that award.

2. Descriptions and Specifications

C001 SPECIFICATIONS, STANDARDS AND DRAWINGS (IAW FAR 11.201)

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

3. Inspection and Acceptance

E001 INSPECTION AND ACCEPTANCE (IAW FAR 46.401(b) and 46.503)

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

4. Deliveries or Performance

F001 PLACE OF PERFORMANCE

Services under this contract are required to be performed at the following location(s):

See Attachment J-2 for details.

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

F002 CONTRACT PERIOD/PERFORMANCE PERIOD

(a) Each contract period will be one year from the date of contract award, with nine (9) one-year option periods which may be exercised at the discretion of the Government. At the time of contract award, specific dates will be indicated below:

(1) Basic Year, from to .

(2) Option Year One, from to .

(3) Option Year Two, from to .

(4) Option Year Three, from to .

(5) Option Year Four, from to .

(6) Option Year Five, from to .

(7) Option Year Six, from to .

(8) Option Year Seven, from to .

(9) Option Year Eight, from to .

(10) Option Year Nine, from to .

Note: “One year” means a period of 365 calendar days or 366 calendar days when containing an extra day of leap year.

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

(b) Performance Period. Performance period of each project will be specified in individual task orders when issued under this contract.

5. Contract Administration Data

G001 ADMINISTRATIVE MATTERS

The Contracting Officer will provide contact information for the Administrative Contracting Officer, Contract

Administrator, and the Contracting Officer’s Representative (Construction Inspector) for individual task orders upon award or at the pre-performance conference. The Construction Inspector is the Contracting Officer’s Representative as defined and designated under the clause at DFARS 252.201-7000, Section I.

G002 INVOICE/PAYMENT

Payment will be made by the office indicated in block 15 of the DD Form 1155 of individual task orders in accordance with FAR 52.232-5, FAR 52.232-27 and DFARS 252.232-7003 after receipt of the payment request by the billing office designated in block 7 of the DD Form 1155.

G003 TASK ORDER (TO) ISSUING OFFICE

TO(s) will be issued by the following office under this contract:

374th Contracting Squadron

Unit 5228, Bldg. 620, Yokota Air Base, Fussa-shi, Tokyo, Japan 197-0001

6. Special Contract Requirements

H001 CONCILIATION

(This clause is applicable to contracts which will be performed in Japan and or executed between the United States

Forces Japan, and a Japanese Contractor)

Except as otherwise provided in this contract any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States – Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of

Mutual Cooperation and Security between Japan and the United States of America. Requests by the contractor for conciliation shall be made in accordance with the following procedures:

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

(b) The request for conciliation will be submitted by the contractor through the nearest local Japanese Defense

Facilities Bureau, to the Contract Conciliation panel of the Joint Committee. Upon the filing of the request with the

Joint Committee, the contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

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

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

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

Pending the hearing of conciliation panel the contractor shall proceed diligently with the decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file a civil suit.

H002 REQUIRED INSURANCE

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

(a) This contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Jul 2014), and

FAR 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas (Apr 1984). FAR 52.228-3 does not apply to Japanese employees. FAR 52.228-4 applies to Japanese national employees. One or both clauses may apply to the contractor.

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

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

Property Damage - Y3,000,000 per occurrence

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

H003 PERFORMANCE BOND – Applicable to Individual Task Orders

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

Officer.

(a) The penal amount of performance bond for individual TOs issued during the life of this contract shall be 100 percent of the contract price of each TO. The contractor shall submit the performance bond not later than 21 △1 calendar days after award of TO. The threshold and the due date to submit the performance bonds will be defined in the individual Fair Opportunity Proposal Request (FOPR) and the resultant Task Order (TO). No payment bond is required as modified in the clause at FAR 52.228-15, Performance and Payment Bonds -

Construction, in Section I.1

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

(c) The cost for performance bonds required in this contract shall be included in the original proposal and no further adjustment to the contract shall be made.

H004 OPTIONS

The contract contains a basic contract period of 12 months plus nine (9) 12-month option periods, or lifetime value of $990,000,000, whichever occurs first. The Government has the option to extend the term of the contract in accordance with the contract clause entitled “Option to Extend the Term of the Contract, FAR 52.217-9”. The

Government may extend the term of this contract by written notice to the Contractor within the performance period specified in the Schedule, provided that the Government will give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

H005 DEFINITION OF “GOVERNMENT”

As used in this solicitation/contract, the term Government shall refer to United States Government unless express reference to a different named government is made. In addition, the words Federal, States, and Municipal in the clause at FAR 52.236-7, Permits and Responsibilities, are hereby modified to read “host government and political subdivisions” in accordance with AFFARS 5336.507.

H006 PARTNERING

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

H007 NOTICE OF CONSTRUCTIVE CHANGES

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

Officer.

H008 PROPOSAL PREPARATION COSTS

The costs for proposal preparation shall be the responsibility of the contractor and are not directly reimbursable.

Each Task Order awarded will include at a minimum all labor, management, supervision, mobilization, material and equipment costs, and any costs associated with any required design effort. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task Order.

H009 TASK ORDER ISSUANCE PROCEDURES

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

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

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

(d) Projects may be non-complex performance-oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof. The FOPR may or may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals. The following describes the procedures for each type of requirement the FOPR could present:

(1) Design-Build: FOPR will provide competing offerors a scope of work developed (i.e. Design-Build Statement of Work (SOW)) that defines the project and states the government’s requirements. The scope of work may include criteria and preliminary design, budget parameters, schedule or delivery requirements, and other supporting information necessary for the offerors to understand the project requirements in order to prepare their proposals.

MACC contractors shall provide a price proposal, and may be required to provide technical proposals, past performance information, and/or a proposed performance period (as stated in each TO). The Government will evaluate submitted proposals in accordance with the factor(s) in each FOPR. Only the successful offeror will be required to proceed with the subsequent design effort (i.e. 35%, 65%, 95% and/or 100% as stated in each TO) and to execute construction.

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

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

Services) to the contractor.

(f) Each TO will identify the Procurement Instrument Identifier (PIID) number. The PIID must be reflected on all correspondence related to the TO.

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

H010 COMPETITION

(a) The Government will solicit FOPR to provide each awardee a fair opportunity for each order per FAR

16.505(b)(1). Contractors are encouraged to participate in all site visits and submit proposals for either Army or AF projects, or both at the discretion of each awardee.

(b) Repetitive failures to participate responsibly in site visits and provide proposals may result in the government’s exclusion from further competition under the contract, or not exercising the option to extend the contract of any such contractor who does not demonstrate meaningful participation in FOPRs. Meaningful participation is defined as actively responding to FOPRs above.

(c) When the Government solicits offers for projects for which funds are not certified nor readily available, submission of proposals for those projects is at the sole discretion of the respective contractor and declination to participate in any or all such solicitations will not negatively reflect on the contractor.

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

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

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

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

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

H011 TASK ORDER PERFORMANCE PERIOD

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

H012 DESCRIPTION OF SUBSEQUENT TASK ORDERS

TOs will generally range from Y25,000,000 to Y500,000,000. TOs will require a single or multi-disciplined design and/or construction services for all aspects of general building construction for maintenance, repair, renovation, new and addition type projects. Projects may also require comprehensive interior design, lead and asbestos abatement and incorporation of sustainable features. Some projects may require only minimal design.

H013 SUBSEQUENT TASK ORDER EVALUATION CRITERIA

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

Consider one or more of the following criteria in addition to Price:

(a) Past Performance

(b) Quality of Deliverables

(c) Ability to Meet Schedule Requirements

(d) Relevant Experience

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

(f) Current workload

H014 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The schedules and reports prescribed by the clause at FAR 52.236-15, Schedules for Construction Contracts, in

Section I shall be accomplished in accordance with AF Form 3064, Contract Progress Schedule and AF Form 3065, Contract Progress Report instructions.

H015 PERFORMANCE EVALUATIONS

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

H016 ON RAMP AND OFF RAMP PROCEDURE

(a) Government reserves the right to reopen competition at any time during the term of the contract. The

Contracting Officer intends to periodically review the need for additional contractors during the contract Period of

Performance (PoP).

(b) When an on-ramp is used, the Government will advertise the reopening of the competition on FedBizOpps, and awardees shall meet the criteria established in the initial MACC solicitation.

The solicitation process will be the same as during the original solicitation, but changes may occur if law, regulation, or policy have changed and require alteration to the process. Any new awardees will compete with any existing or remaining MACC Contractors for all task orders (excluding the need to meet the minimum obligation amount).

Any additions due to on-ramps will not increase the contract ceiling and the ordering period for new awardees will not exceed the overall maximum term of the original contract. The Government will not consider unsolicited requests for addition to the competitive pool. The anticipated number of awards will be announced in the reopening announcement posted to FedBizOpps; however, the Contracting Officer has the discretion to award more or fewer contracts than the number anticipated in the solicitation depending upon the quality of the offers received.

(c) The Government reserves the right to not exercise an option for any contractor who fails to achieve meaningful participation (refer to para. H010(b) above).

H017 CONTINGENCY

Performance in locations other than stated GSUs (i.e. Okinawa, Misawa, etc.) may be requested to provide humanitarian/humanitarian-response capabilities throughout the country of Japan.

7. Contract Clauses

I001 APPLICABILITY OF FAR 52.209-9

FAR clause at 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters, applies to the resultant contract when the successful offeror checked “has” in paragraph (b) of FAR provision at 52.209-7, Information Regarding Responsibility Matters, in Section K of the solicitation. Otherwise, the said clause will be automatically deleted from the resultant contract.

I002 APPLICABILITY OF THE DEFENSE BASE ACT

The contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act), and FAR 52.228-4, Worker’s Compensation and War-Hazard Insurance Overseas. FAR 52.228-3 applies to (1) all employees who are

United States citizens and (2) all employees hired from within the United States and its territories, regardless of their nationality. FAR 52.228-4 applies to all other employees not previously specified.

8. Representations, Certifications and Other Statements of Offerors.

K001 CONSTRUCTION CONTRACTOR LICENSE

(a) Offeror shall provide, together with the offer, the offeror’s Japanese construction contractor license (submit one copy) issued under applicable law of Japan to demonstrate compliance with the requirements of FAR 52.236-7 as modified in Section I and DFARS 252.225-7042 in this section of the solicitation.

(b) For the purpose of this solicitation, the applicable law of Japan stated in this section means the Japanese

Construction Business Law, enacted 24 May 1949 and as amended thereto.

(c) In case of the offer by the joint venture or the partnership, Japanese construction license of each member of the joint venture or each partner of the partnership must be submitted together with the offer to comply with the said law.

(d) Such offeror that fails in representation of the above required license will not be considered for award.

K002 PERFORMANCE BONDS

(a) Offeror shall provide, together with the offer, a letter (submit original) from their surety asserting their ability to obtain performance bonding capacity of at least Y800,000,000 (Y means Japanese currency Yen).

(b) Such offeror that fails in representation of the bond ability will not be considered for award.

K003 EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO

STATUS OF FORCES AGREEMENT (Applicable to Mock Project at Attachment J-3)

(a) Paragraph 2, article XI of the Status of Forces Agreement between Japan and the United States authorizes the

United States entry into Japan free from Japanese customs duties and other charges, all materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces.

(b) Paragraph 3, Article XII of said Status of Forces Agreement authorizes the United States exemption from certain

Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United

States Armed Forces or by authorized agencies of the United States Armed Forces. Currently these taxes are: (a)

Consumption tax; (b) Gasoline tax and local road tax on gasoline; (c) Diesel oil tax.

(c) If you are the successful offeror, the Contracting Officer or his/her authorized representative will issue customs or tax exemption certificates as appropriate, relieving you from such customs duties or taxes in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for motor fuel will be issued only after consumption of the motor fuel, either at the end of each month or upon termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption.

(d) List below the customs duties or taxes which have been excluded from your proposal as required by the Taxes clause.

Customs Duty or Tax Type and Percentage or Tax Amount of Duty or Tax Excluded in Yen

Consumption Tax

Gasoline

Diesel

K004 CONTRACTOR’S CERTIFICATION

(a) Contract with Corporations. If the resultant contract is with a corporation, it shall be signed for the corporation by the person authorized to sign.

(Name) (Title) (Company)

(b) Contract with Joint Ventures. If the resultant contract is with joint ventures, the contract shall be signed by each participant in the joint venture in the manner prescribed in paragraph (a) above. In addition, to ensure a single point of contact for resolution of contractual matters and payments, the following certification shall be signed by each participant in the joint venture.

The parties hereto expressly understand and agree as follows:

(1) is the principal representative of the joint venture. As such, all communications regarding the administration of the contract and the performance of the work there under may be directed to him or her. In the absence of:

is the alternate principal representative of the joint venture.

(2) Direction, approvals, required notices, and all other communications from the Government to the joint venture, including transmittal of payments by the Government, shall be directed to

Principal representative of the joint venture.