Atch J-1 SABER Other Req 4 Feb.docx

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Attached to
Simplified Acquisition of Base Engineering Requirements (SABER) Federal contract opportunity
Solicitation number
FA520920R0008
Issued by
Department of the Air Force Pacific Air Forces

About this file

This document provides details for a solicitation seeking design-build construction services on an indefinite delivery/indefinite quantity (IDIQ) contract basis for maintenance, repair, and minor construction projects at Yokota Air Base and other sites in Japan. Key information includes:

  • The Simplified Acquisition of Base Engineering Requirements (SABER) IDIQ contract will have a 5-year base period and a 2-year option, with a minimum guaranteed award amount of 500,000 Japanese yen. The maximum contract value including all options cannot exceed $49 million US dollars.

  • A pre-proposal conference will be held on February 19, 2020 to review the scope of work. Questions are due by February 11 and 26, proposals by March 9, and past performance questionnaires by March 4. The contracting agency is the Department of the Air Force Pacific Air Forces. The work locations include Yokota Air Base and other sites throughout Japan.

The document provides detailed requirements, terms, and conditions for the IDIQ construction contract solicitation for maintenance and repair projects at US military bases in Japan.

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STATEMENT OF OBJECTIVES (SOO)_20200302-Amend 02.doc DOC document
FA520920R00080002 SF 30.pdf PDF
Atch J-7 Section L-100 rev1.docx DOCX document
Atch J-3 SABER UPG Rev1-1 20200302.xlsx XLSX spreadsheet
FA520920R00080001 SF 30.pdf PDF
Atch J-6 STATEMENT OF OBJECTIVES (SOO)_20200213.pdf PDF
Atch Arch sketch Amend 1.pdf PDF
1. FA520920R0008.pdf PDF
Atch J-4 Coefficient Pricing Schedule Guide.pdf PDF
Atch J-8 Section M-100.pdf PDF
Atch J-5 Past Performance Cov Ltr.pdf PDF
Atch J-7 Section L-100.pdf PDF
Atch J-3 SABER UPG.xlsx XLSX spreadsheet
Atch J-8 Section M-100.docx DOCX document
Atch J-4a Coefficient Pricing Schedule.xlsx XLSX spreadsheet
Atch J-5 Past Performance Cov Ltr.doc DOC document
Atch J-6 STATEMENT OF OBJECTIVES (SOO).pdf PDF
Atch J-7 Section L-100.docx DOCX document
Atch J-5a Past Performance Questionnaire.docx DOCX document
Atch J-4 Coefficient Pricing Schedule Guide.docx DOCX document
Atch J-6b SUBMITTAL FORM_SPECSINTACT.xlsx XLSX spreadsheet
Atch J-2 SABER SPEC TOC.pdf PDF
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FA5209-20-R-0008

Attachment J-1

OTHER CONTRACT REQUIREMENTS

1. Section B - Supplies or Services and Price/Cost

B001 DESCRIPTION OF WORK

Simplified Acquisition Base Engineering Requirements (SABER) is a single-award, design-build indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order. The SABER program will consist of, but not limited to, a broad range of maintenance, repair, and minor construction work on real property at Yokota Air Base and Off-Base Sites. The majority of projects will be performed at Yokota Air Base but may expand throughout Japan. Off-base sites may include, but are not limited to, the following: a) geographical separated units (GFUs): Narita Air Terminal, Tama Service Annex, Fuchu C.S., Momote Annex, Owada C.S. and Tokorozawa Transmitter Site; b) remote sites: Chitose Auxiliary Annex (Hokkaido) and Itazuke Auxiliary Airfield (Fukuoka).

B002 COEFFICIENTS PRICING SCHEDULE

Coefficients are to remain unchanged throughout the life of the contract, including the base period of performance and any option period exercised by the Government.

B003 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 ¥500,000 is guaranteed for the IDIQ contract awarded. This guarantee will be met either by the contractors’ attendance and participation in a post-award conference or the award of the seed project.

(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 guarantee specified herein. The maximum aggregate amount of the SABER program, inclusive of all awarded SABER contracts, including all option periods, shall not exceed $49,000,000.00 (Yen equivalent amount - see Note below for details). If the maximum aggregate amount of $49,000,000.00 is reached prior to the end date of the final period of performance, no further task orders will be issued on the contract.

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.

B004 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.

B005 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-5 thru J-8 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. Section C – Description/Specifications/Statement of Work

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. Section E - 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 each individual task order.

4. Section F - Deliveries or Performance

F001 PLACE OF PERFORMANCE

Services under this contract are required to be performed at the following location(s): See Section B, Clause B001

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

5. Section G - 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 primarily be issued by but not limited to the following office under this contract:

374th Contracting Squadron Unit 5228, Bldg. 620, Yokota Air Base, Fussa-shi, Tokyo, Japan 197-0001

6. Section H – 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, FAR 52.233-1, 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 over Simplified Acquisition Threshold (SAT) OR $250,000.00, unless otherwise determined by the Contracting Officer. The contractor shall submit the performance bond not later than 21 calendar days after award of TO. No payment bond is required as modified in the clause at FAR 52.228-15, Performance and Payment Bonds - Construction, in Section I.

(b) Additional performance bond shall be required when the TO amount is increased by more than $10,000.00 (or yen equivalent) or exceeds SAT 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 the TO amount, within the period specified in the TO modification or the Contracting Officer’s letter otherwise issued.

(c) 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).

(d) 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 60 months plus one (1) 24-month option period, or lifetime value of $49,000,000.00, 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 30 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 UNIT PRICE GUIDES (UPG) AND NON PREPRICED ITEM

(a) The UPG contains pricing information for the description of work to be accomplished and for the unit of measure specified. Prices shown include material cost, delivery cost, equipment cost, and labor cost, unless otherwise specified.

(b) Items of work not covered by this contract, but within the basic intent and general scope of the contract, may be negotiated by the Contracting Officer and added during the contract term. These Non-Prepriced Items (NPI) shall be incorporated into individual task order(s) prior to issuance, and performed at the negotiated unit price. NPIs may subsequently be added to the UPG by issuing supplemental agreement upon periodic review and update of UPG IAW Specifications Section 01 11 00 paragraph 1.12.6.2. NPIs shall be so noted on each task order.

(c) At the time of incorporation of NPIs into the UPG, the sum of the negotiated unit price of material cost, delivery cost, equipment cost, and labor cost for issued task order will be incorporated in the UPG.

H010 UPG ADJUSTMENT PROCEDURES

The government will adjust some or all of the unit prices in the UPG during the performance of the contract. The adjustments will be made as described below.

(a) After updates are published for any one of four publications - Sekisan Shiryo (Data for material and labor), Kensetsu Bokka (Data for material and labor), Kenchiku Seko Tanka (Architectural Unit Price) and Doboku Seko Tanka (Civil Unit Price) - government personnel will analyze the data. If the analysis indicates that an upward or downward change exceeds five (5) percent for items in the UPG the government will compute revised unit prices for these items. A list of the revised items will forwarded to the contractor for evaluation and subsequent bilateral modification to the contract. The contractor may accept the list and prices as submitted to it or it may revise the list after its evaluation.

(b) Since all four publications are not updated at the same within a calendar year, the government will adjust the UPG when the publication(s) is/are updated. The Government will update the UPG when the publications are changed but not more than quarterly. At a minimum the UPG may be updated annually by bilateral modification when there are changes to the four publications.

(c) The revised UPG will be identified with a revision number and date whenever changes are made (Revision 01, dated XX-XX-2020). The UPG with revision number will be cited when the new task order proposal is requested.

H011 TASK ORDER ISSUANCE PROCEDURES

(a) The intent of the SABER contract is to expedite issuance of the task order, and complete the construction tasks with minimal or no engineering by the Government. A basic objective of the task order concept is quick response. It is expected that the normal response time frame for project identification, scoping, estimating, negotiation, and start of actual performance is approximately two to eight weeks.

(b) Upon identification of construction requirement for SABER contract by 374 CES, 374 CONS will issue request for scope validation meeting (site survey) to the contractor for each project, which will include a statement of work, location map, sketches, as-built drawings, and/or list of the Government-Furnished Property, as necessary.

(c) Task order will be awarded in Three-Step process with the performance time: (1) Scope Validation Meetings, (2) Design Proposal, (3) Cost Proposal.

1. Scope Validation Meeting: 374 CONS, 374 CES, the contractor and using organization will conduct a site visit for the project to validate the scope and discuss topics such as site access, site investigation requirements, methods and alternatives for accomplishing work, definition and refinement of requirements, detailed statement of objectives and availability of Government As-built drawings.

1. Design Proposal: The Contractor shall field verify all provided as-built as well as existing field conditions prior to accomplishing any design work. This shall be certified by the contractor upon submission of proposal to the Contracting Officer for approval. Waste of excess material quantities is incidental costs which are included within the contract pricing factor. Quantities used on individual task order proposals shall be taken from field measurements or design plans, as appropriate, without allowance for waste. Design proposal does not have to be a full and complete design with CADD format and minimum design will be acceptable as deign proposal. However, this minimum design shall include enough information to be used when preparing the project cost proposal as specified in paragraph (c).(3) below. All necessary support documentation, as required for estimating cost proposal (i.e. for NPI), to indicate that adequate engineering and planning to accomplish the requirement have been done, shall also be submitted as a part of the design. Examples of documentation for submittal that might reasonably be expected would include shop drawings showing basic layout and planning of the work, manufacturer’s or technical drawings/schematics for fabrication and assembly of structural elements, form, fit, and attachment details for installation of materials/equipment, catalog cuts, specifications, architectural washes, written description of the work, etc. Costs for documentation should be included in the Contractor’s proposed coefficient and will not be paid separately by the Government. All such design submittals must be approved by the Contracting Officer prior to the start of any negotiation.

1. Cost Proposal: Upon completion of the refined scope of the individual requirement, including the approved drawings, whether Contractor or Government generated, the Contractor shall prepare a fully detailed cost estimate segregated as shown in the contract, Section B, to complete the project by defining quantities of both prepriced and non-prepriced items (NPIs), pricing NPIs, developing performance times, and preparing a completed proposal document for submission to the Contracting Officer for negotiation.

After review and evaluation of the contractor’s proposal, the Government may conduct discussion with the contractor for proposed UPG items/NPI and those quantities, performance period and/or the work conditions. Upon agreement by both parties, the Contracting Officer will issue task order to the contractor for the project.

PERFORMANCE TIME ALLOWED BASED ON PROJECT MAGNITUDE

TASK DESCRIPTION
LOW = Less than Y50,000,000
HIGH = More than Y50,000,001
Visit the work site with Government SABER representatives within:
4 Working Day (W/D)
4 W/D
Submit Scope Validation Meeting Minutes after site visit within:
2 W/D
2 W/D
Submit Contractor Provided Design (include contract specifications and schedule of material submittals) after scope validation meeting minutes approved by the Government within:
5 W/D
8 W/D
Submit Cost Estimate after finalized design approved by the Government:
4W/D
6 W/D

Additional days will be negotiated for projects at remote sites (not on the Kanto Plain). In unusual circumstances (e.g., difficult to find/price NPI item, etc.), additional time may be considered by the Contracting Officer if requested by the Contractor.

(4) A written Notice to Proceed (NTP) shall be issued by the Government within 30 calendar days after issuance of a task order, unless otherwise stated.

(5) Task Orders will be issued to the Contractor on DD Form 1155. Each Task Order will include as a minimum the following information:

(a) Date of Task Order

(b) Contract Number and Task Order number

(c) Scope of Work and Task Order lump sum price

(d) Reference to any Design documents

(e) Accounting and Appropriation data

(f) Performance Time by commencement and completion dates.

(g) Any other pertinent data.

(6) When the total performance time for a task order exceeds 60 days, the clause at 52.236-15 in Section I as well as “H014 PREPARATION OF PROGRESS SCHEDULES AND REPORTS” below will become applicable.

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

(8) 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.

H012 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.

H013 DESCRIPTION OF SUBSEQUENT TASK ORDERS

TOs will generally range from Y5,000,000 to Y300,000,000. 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.

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 annual performance period, 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 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.

H017 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY (IAW FAR 45.201)

The Government will follow DFARS PGI 245.201-71 and the contractor will be required to complete the remaining blocks when the Government sends the electronic document.

Pursuant to the “Government property” clause herein, the Government will furnish the item(s) of property specified in each task order as Government-furnished Property (GFP) to the Contractor with the detailed information, at a minimum (1) The name, part number and description, manufacturer, model number, and National Stock Number (if needed for additional item identification tracking and/or disposition); (2) Quantity/unit of measure; (3) Unit acquisition cost; (4) Unique-item identifier or equivalent (if available and necessary for individual item tracking); and (5) A statement as to whether the property is to be furnished in an ‘‘as-is’’ condition and instructions for physical inspection, when GFP is required for the project.

H018 IDENTIFICATION OF CONTRACTOR-FURNISHED U.S. MATERIALS

(a) The Government will request the Contractor purchase and deliver United States Materials (CFUSM) for use under each task order if required. The Government will specify the CFUSM with its description in each task order.

(b) Ocean transportation of the above items shall be in accordance with the clause at DFARS 252.247-7023 in Section I. The Contractor shall notify the Contracting Officer in writing, within 30 calendar days after the receipt of the Notice to Proceed, of the name of importer and estimated date of arrival at the construction jobsite.

(c) In the event the Government and Contractor agree that the title to any surplus CFUSM, exempted from Japanese customs duty and taxes under the Status of Forces Agreement, will remain with the Contractor, the disposition of such property accruing from the performance of this contract shall be the responsibility of the Contractor. The Contractor further agrees to make a full disclosure of such settlement to the Japanese Customs authorities for the payment of applicable duties and taxes.

7. Section I - 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.

8. Section K - 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 an offer by a joint venture or partnership, a Japanese construction license for 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 Y500,000,000 (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

(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.

(Name) (Title) (Company) 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:

(Name) (Title) (Company) 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

(Name) (Title) (Company)

Principal representative of the joint venture.

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