FA5270-10-R-0023 - FBO.pdf

Overlay/Construct Roads and Airf ield Pavements.

Magnitude of the estimate construction is betw een Y1,089,969,000 ($10,000,000) and Y2,724,922,500 ($25,000,000).

Note 1: The general statement of the magnitude of this project set forth above is furnished for the conveince of the prospective offerors.

Note 2: To enter price in Section B, refer to the schedule and use a typew riter or black ink.

Note 3: This acquisition is unrestricted.

Note 4: Performance Bonds are required per individual Task Order; how ever, Payment Bond is not required.

Note 5: Past performance information must be submitted to the 18th Contracting Squardron, Bldg 95, Kadena AB, Okinaw a, Japan by 07 SEP10.

Note 6: A preproposal conference w ill be held on 25AUG10 (see Section L 5352.215-9001) Note 7: This project w ill be performed in it's entirety in the country of Japan. The successful offeror is responsible to obtain any necessary authorizations or permits to perform this contract in Japan.

Note 8: Funding w ill be accomplished via individual Task Orders Note 9: Offerors must include a price for each line item contained in Section B of this solicitation Note 10: Submit your price proposal to arrive NOT LATER THAN 13SEP10 3:00 P.M., LOCAL TIME.

Note 11: Only Performance Bonds are required.

PHELPS MATTHEW A DSN:634-5830

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

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

NEGOTIATED

13-Aug-2010

(RFP)

(IFB)

X

CALL:

Paving IDIQ (Base Contract)

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

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

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

Prescr ibed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______5 calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ Section F

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________3 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________13 Sep 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

18 CONS/INFRASTRUCTURE ACQUISITION

POC:MATTHEW PHELPS A

UNIT 5199, BLDG 95 KADENA AB

APO AP 96368

FA5270

PAGE OF PAGES

1 OF

CODE FA5270

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour) Sealed envelopes containing offers

18 CONS/INFRASTRUCTURE ACQUISITION

POC:JASON FALKNER

UNIT 5199, BLDG 95 KADENA AB

APO AP 96368

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

LXEZ 10-2665

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

DSN:634-4795FAX:TEL: DSN:634-5830 TEL: 634-1837 FAX: 634-7626

FA5270-10-R-0023 52

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA5270-10-R-0023

Section B - Supplies or Services and Prices

B-1

SECTION B

Project Description:

Overlay/Construct Roads and Airfield Pavements, Kadena AB and various MFH Locations, Okinawa, Japan, consisting of unit price items listed in Exhibit E.

Work shall include but is not limited to providing all labor, materials, transportation and performing all work necessary for Overlay/Construct Roads and Airfield Pavements at US Forces facilities on the main island of Okinawa, Japan. Includes, but is not limited to pavement demolition, expansion, contraction and construction, cast-in-place concrete, exterior lighting, earthwork, rubber removal, fog coats, cold milling, field molded sealants for sealing joints in PCC, resealing concreate joints, grooving, partial depth repair, base, subbase, and base course construction, prime and tack coat, concrete sidewalks, curbs, and gutters, seeding, sodding, transplanting exterior plants, storm drainage, underground electrical distribution, ground points, disposal and landfill fees.

B-2 Pricing Schedule:

Individual pricing Schedule in support of each option year are located in Exhibits A thru E. All prices will be submitted in Yen.

The minimum value of this contract, and minimum order value shall be $5,000 (JPY 544,984.50).

B-3

Clauses and Provisions:

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

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

c. Sections K, L and M will be physically removed from the resulting award, however they will continue to be considered incorporated by reference.

B-4

a. The unit price includes labor, material, overhead and profit.

Notes:

This is a Indefinite-Delivery Indefinite-Quantity type contract. The price lists found in Technical Exhibits A, B, C, D, and E represent the Government’s best estimate of the quantities to be ordered during the contract period. Refer to FAR 52.216-22 (Oct 1995).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Base Year

FFP

Overlay/Construct Roads and Airfield Pavements on Kadena AB and other MFH locations, Okinawa, Japan. Consists of unit price items listed in Technical Exhibit A.

Includes, but is not limited to pavement demolition, expansion, contraction and construction, cast-in-place concrete, exterior lighting, earthwork, rubber removal, fog coats, cold milling, field molded sealants for sealing joints in PCC, resealing concreate joints, grooving, partial depth repair, base, subbase, and base course construction, prime and tack coat, concrete sidewalks, curbs, and gutters, seeding, sodding, transplanting exterior plants, storm drainage, underground electrical distribution, ground points, disposal and landfill fees.

FOB: Destination

NET AMT

1001 1 Lump Sum OPTION Option Year One

FFP

Overlay/Construct Roads and Airfield Pavements on Kadena AB and other MFH locations, Okinawa, Japan. Consists of unit price items listed in Technical Exhibit B.

Includes, but is not limited to pavement demolition, expansion, contraction and construction, cast-in-place concrete, exterior lighting, earthwork, rubber removal, fog coats, cold milling, field molded sealants for sealing joints in PCC, resealing concreate joints, grooving, partial depth repair, base, subbase, and base course construction, prime and tack coat, concrete sidewalks, curbs, and gutters, seeding, sodding, transplanting exterior plants, storm drainage, underground electrical

2001 1 Lump Sum OPTION Option Year Two

FFP

Overlay/Construct Roads and Airfield Pavements on Kadena AB and other MFH locations, Okinawa, Japan. Consists of unit price items listed in Technical Exhibit C.

Includes, but is not limited to pavement demolition, expansion, contraction and construction, cast-in-place concrete, exterior lighting, earthwork, rubber removal, fog coats, cold milling, field molded sealants for sealing joints in PCC, resealing concreate joints, grooving, partial depth repair, base, subbase, and base course construction, prime and tack coat, concrete sidewalks, curbs, and gutters, seeding, sodding, transplanting exterior plants, storm drainage, underground electrical

3001 1 Lump Sum OPTION Option Year Three

FFP

Overlay/Construct Roads and Airfield Pavements on Kadena AB and other MFH locations, Okinawa, Japan. Consists of unit price items listed in Technical Exhibit D.

Includes, but is not limited to pavement demolition, expansion, contraction and construction, cast-in-place concrete, exterior lighting, earthwork, rubber removal, fog coats, cold milling, field molded sealants for sealing joints in PCC, resealing concreate joints, grooving, partial depth repair, base, subbase, and base course construction, prime and tack coat, concrete sidewalks, curbs, and gutters, seeding, sodding, transplanting exterior plants, storm drainage, underground electrical

4001 1 Lump Sum OPTION Option Year Four

FFP

Overlay/Construct Roads and Airfield Pavements on Kadena AB and other MFH locations, Okinawa, Japan. Consists of unit price items listed in Technical Exhibit E.

Includes, but is not limited to pavement demolition, expansion, contraction and construction, cast-in-place concrete, exterior lighting, earthwork, rubber removal, fog coats, cold milling, field molded sealants for sealing joints in PCC, resealing concreate joints, grooving, partial depth repair, base, subbase, and base course construction, prime and tack coat, concrete sidewalks, curbs, and gutters, seeding, sodding, transplanting exterior plants, storm drainage, underground electrical

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

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

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

CLAUSES INCORPORATED BY FULL TEXT

CONST-E-7140 PRE-FINAL AND FINAL INSPECTION

In accordance with FAR 52.211-10 the contractor is required to complete each task order, ready for use, within the number of calendar days Specified in the task order.

(End of Clause)

CONST-E-7140B PRE-FINAL AND FINAL INSPECTION

In accordance with FAR 52.211-10 the contractor is required to complete this project, ready for use, within the number of calendar days specified in the solicitation and resulting contract. To ensure adequate time to correct any deficiencies noted by the government during the final inspection, it is highly recommended that the contractor schedules such final inspection through the contract administrator at least seven (7) calendar days prior to the scheduled project completion date. The contractor is solely responsible for scheduling this inspection and is reminded that failure to complete the project ready for use in accordance with the contract terms and conditions may result in the assessment of liquidated damages as described in FAR 52.211-12, Liquidated Damages - Construction. Occasionally, minor discrepancies may be detected during the final inspection that may be considered “punchlist” items. If only minor “punchlist” items are found, another inspection may not be required.

However, all punchlist items must be corrected by the contractor, and verified by the project inspector, prior to expiration of the contract period unless otherwise authorized in writing by the contracting officer. The determination as to what constitutes a minor discrepancy rests solely with the contracting officer and nothing in this paragraph shall be construed as a waiver of the government’s rights under any clause in this contract, including the right to assess liquidated damages as may be appropriate for failure to complete the project in accordance with the terms and conditions contained therein.

CONST-E-7141 DESIGNATION OF GOVERNMENT INSPECTOR

The Base Civil Engineer or his authorized representative is designated as the representative of the contracting officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the contracting officer to commit the Government to changes in the terms of the contract.

To ensure adequate time to correct any deficiencies noted by the government during the final inspection, it is highly recommended that the contractor schedules a final inspection through the contract administrator at least seven (7) calendar days prior to the scheduled delivery order completion date. The contractor is solely responsible for scheduling this inspection and is reminded that failure to complete the project ready for use in accordance with the contract terms and conditions may result in the assessment of liquidated damages as described in FAR 52.211- 12, Liquidated Damages-Construction. Occasionally minor discrepancies may be detected during the final inspection that may be considered “punchlist” items. If only minor “punchlist” items are found, another inspection may not be required. However, all punchlist items shall be corrected by the contractor and verified by the project inspector prior to the expiration of the contract period for the individual delivery order unless otherwise authorized in writing by the contracting officer. The determination as to what constitutes a minor discrepancy rests solely with the contracting officer and nothing in this paragraph shall be construed as a waiver of the government’s right under any clause in this contract, including the rights to assess liquidated damages as may be appropriate for failure to complete the delivery order in accordance with the terms and conditions contained therein.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 1 yr. ADC 1 718TH CES

CHITO ALBA

718 CES/CEPMC

(SEE SCHEDULE)

APO AP

634-0895

F2H2B9

1001 1 yr. ADC 1 (SAME AS PREVIOUS LOCATION)

2001 1 yr. ADC 1 (SAME AS PREVIOUS LOCATION)

3001 1 yr. ADC 1 (SAME AS PREVIOUS LOCATION)

4001 1 yr. ADC 1 (SAME AS PREVIOUS LOCATION)

52.211-13 Time Extensions SEP 2000

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the completion date specified on the individual task order. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of 46,650 Japanese Yen (Military Family Housting, MFH, Projects only) and 30,410 Japanese Yen (All Non-MFH Projects) for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

CONST-F-7163 ESTABLISHMENT OF PERFORMANCE PERIODS FOR DELIVERY ORDER OR

TASK ORDERS

The performance period shall be cited in each delivery order or task order. Actual construction time shall be negotiated and determined by each delivery order or task order and work requirements, but in no event will actual construction time be less than 10 calendar days

CONST-F-7166 ISSUANCE OF NOTICE TO PROCEED FOR DELIVERY ORDERS OR TASK

ORDERS (FEB 2005)

The United States Government will issue Notice to Proceed within 40 calendar days after delivery order or task order is issued.

Section G - Contract Administration Data

CONST-G-7180 POST AWARD ADMINISTRATIVE INFORMATION

The contracting officer will provide to the contractor, a listing of the names of the Administrative Contracting Officer, Contract Administrator, and Construction Inspector (also referred to as the Contracting Officer’s Representative (COR) or Technical Representative of the Contracting Officer (TRCO), their organizational codes and telephone numbers at the time of award or at the pre-construction conference. This provision in no way authorizes any person other than the contracting officer to commit the United States Government to changes in the terms or conditions of this contract. Reference Section I, DFARS 252.201-7000 entitled Contracting Officer’s Representative (DEC 1991).

PAYING OFFICE FOR AIR FORCE PROJECTS: DFAS-JRLE/JA

Bldg. 206, Yokota Air Force Base Fussa-shi, Tokyo, Japan 197-0001

PAYING OFFICE FOR ARMY PROJECTS: DFAS-JRLF/JA

Bldg. 206, Yokota Air Force Base Fussa-shi, Tokyo, Japan 197-0001

Section H - Special Contract Requirements

CONST-H-7200 U.S. DOLLAR VERSUS YEN EQUIVALENT

For the duration of this solicitation the contractor shall use the following exchange rate in determining the Yen equivalent to referenced US dollar amounts in this solicitation provisions/contract clauses $1.00 = JPY108.9969 evaluation of the award. All referenced US dollar amounts in this solicitation provisions/contract clauses are modified to include "or Yen equivalent". Yen rate will be established per delivery order or task order.

CONST-H-7201 REQUIRED INSURANCE (In addition to that required by Japanese Law)

a. The contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance on each vehicle used by the contractor at the work site.

Type: Automobile Property Damage and Bodily Injuries Amount: JPY3,000,000 or Dollar equivalent for automobile property damage JPY30,000,000 or Dollar equivalent for bodily injuries

b. Prior to the commencement of work hereunder, the contractor shall furnish to the contracting officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the US Government in such insurance shall not be effective for such period as may be prescribed by the laws of the country of Japan in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the contracting officer.

c. The contractor agrees to insert the substance of this clause, including this paragraph (c) in all subcontracts hereunder.

CONST-H-7202 CONCILIATION

Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for Conciliation in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of this 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 facts 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 Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the contractor will immediately notify the contracting officer in writing that the request for conciliation has been filed.

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

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

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

Pending the hearing of Conciliation Panel the contractor shall proceed diligently with the performance of the contract in accordance with the contracting officer’s decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file in a civil suit.

CONST-H-7205 ORDERING PROCEDURE FOR DELIVERY ORDERS OR TASK ORDERS

(a). Pursuant to FAR Clause 52.216-18, Ordering, the following activity is the only office authorized to order any supplies and services to be furnished under this contract:

18th Contracting Squadron Unit 5199, Bldg. 95

APO AP 96368-5199

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

(c). Pursuant to FAR Clause 52.216-22, INDEFINITE QUANTITY, 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 or services specified in the schedule are estimates only and are not purchased by this contract.

CONST-H-7207 BASE DEFENSE ACT/WORKMAN'S COMPENSATION/WORK ON AN

OVERSEAS INSTALLATION ( JUN 2004 )

This contract includes FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Apr 1984), and FAR 52.228-4, Worker’s Compensation and War-Hazard Insurance Overseas (Apr 1984). FAR 52.228-3 applies only if the contractor has United States’ citizen or national employees, regardless of whether they have SOFA status or a status of residence in Japan. FAR 52.228-4 applies if the contractor has non-United States’ citizen or national employees. One or both clauses may apply to the contractor.

CONST-H-7208 VERIFICATION OF MEASUREMENTS

(a) Upon notification of a performance requirement, a joint measurement survey shall be conducted with the Contracting Officer's representative and the Contractor prior to any issuance of delivery orders or task orders in order to avoid any disputes relative to the quantity. The contractor shall submit a proposal within the time specified on each request for proposal after each joint measurement survey.

(b) From 01 - 30 September, the Government reserve the rights to award any task order prior to any joint measurement surveys. The Government will make award of delivery orders or task orders based on the Governments best estimates. The Contractor, together with the Contracting Officer's representative, shall verify the quantities listed on each delivery order or task order within 30 calendar days after Notice of Award. In case any discrepancy is found on a delivery order or task order, the Contractor shall report such discrepancy in writing to the Contracting Officer. A modification to the delivery order or task order shall be accomplished to reflect the actual quantities agreed by both parties during the joint measurement survey.

GEN-H-7951 TAX EXEMPTION CERTIFICATE (AUG 2001)

The Contractor will submit requests for gasoline or diesel oil tax exemption certificates to the Contracting Officer.

This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to certify the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the Contractor a Tax Exemption Certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract. The Contractor shall claim all tax and customs exemptions as listed in clause CONST-K-7250, entitled, “EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT

TO STATUS OF FORCES AGREEMENT”.

GEN-H-7952 JAPANESE ROAD LAWS (AUG 2001)

The Contractor shall comply with Japanese Road Laws while on U.S. military installations to specifically include:

Article 43, The Road Law (Japan) (prohibitive acts relative to roads). No person shall commit the following described acts:

Damaging the road, causing roads to be littered with debris, polluting the roads with debris or fall out from motor vehicles or otherwise defacing roads unreasonably or without due cause.

Article 43-2 (Measures to be taken to prevent cargo or things loaded on motor vehicles from falling out)

The agency managing a road may, when there is reasonable cause for him to feel that items or cargo being carried in or on a motor vehicle may fall out and damage, pollute, or otherwise deface the road in such manner as to hinder or obstruct the traffic, order the operator of the vehicle in question to take steps or measures necessary to prevent occurrence of such hindrance by stopping operation of the vehicle, correcting the method of loading or traveling, or operation of the vehicle.

GEN-H-7953 REGISTRATION OF MOTOR VEHICLES (AUG 2001)

All company-owned and privately-owned motor vehicles required to be on U.S. Government facilities during the performance of this contract must be registered with Vehicle Registration, Camp Foster. Necessary decals and/or permits will be issued and displayed on the vehicles in the manner as directed by the Vehicle Registration Officer.

Vehicle decals shall be removed from vehicles and turned in to Vehicles Registration, Camp Foster, at the end of the contract period or sooner when vehicles are no longer used in the performance of the contract or as directed by the Contracting Officer.

Section I - Contract Clauses

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.204-10 Reporting Subcontract Awards SEP 2007 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation MAR 2009 52.215-11 Price Reduction for Defective Cost or Pricing Data--

Modifications

OCT 1997

52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-1 Biobased Product Certification DEC 2007 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

DEC 2007

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in

Service and Construction Contracts

MAY 2008

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-11 Pledges Of Assets SEP 2009 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction NOV 2006 52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2008 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 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 JUN 2010 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction SEP 2006 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (May 2004) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other

Defense-Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7000 Disclosure Of Information DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.215-7000 Pricing Adjustments DEC 1991 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7012 Preference For Certain Domestic Commodities JUN 2010 252.225-7041 Correspondence in English JUN 1997 252.227-7033 Rights in Shop Drawings APR 1966 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991

252.242-7003 Application For U.S. Government Shipping Documentation/Instructions

DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.244-7000 Subcontracts for Commercial Items and Commercial

Components (DoD Contracts)

AUG 2009

252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.216-18 ORDERING. (OCT 1995)

(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 Schedule. Such orders may be issued from date of contract award through completion of the contract or final day of the last option year exercised.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00 or yen equivalent, 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 $10M or yen equivalent;

(2) Any order for a combination of items in excess of $10M or yen equivalent;

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 2400 on final day of the last exercised contract option year.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

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

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

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

Material Identification No.

(If none, insert "None")

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

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

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond Fiscal Year 2010 . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September, 2010, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.236-1 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 twenty-five

(25) 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.

52.252-2 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):

http://farsite.hill.af.mil

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

FAR 52.217-8 is altered in the following way: The second sentence of this clause as it appears in the FAR has been deleted in it’s entirety. Note: Since these services will be performed in the country of Japan, the contractor is required to follow the labor standards of Japan. The rates will nopt be adjusted as a result of revisions to prevailing labor rates provided by the Secretary of Labor, as are applicable to contracts performed in the United States.

Therefore, continued performance of the contractual services may be required. If such performance is required, payment shall be made at the rates specified for the period of performance immediately and preceeding the period of extended services.

FAR 52.236-7 is altered from “Federal, State, and municipal” to “Host Government and political subdivisions.”

AFFARS 5352.242-9000 is altered to reflect “Non-Air Force facilities are included when the area pertained to is at Chibana, Camp Shields, Camp Lester, Camp Foster (Futenma, Chatan, Sada, and Kishaba Terrace), Plaza Housing, Camp McTureous, Camp Courtney, Camp Kinser, Okuma Recreation Center, Naha Port, Fort Buckner, Torii Station, Chimuwan Tank Farms, Tengan, White Beach, Hill 450 and Yaedake.”

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) 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.

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $30,000 with a firm, or a subsidiary of a firm, that is identified in the Excluded Parties List System as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country.

(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. The notice must include the name of the proposed subcontractor notwithstanding its inclusion on the List of Parties Excluded From Federal Procurement and Nonprocurement Programs.

252.211-7001 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

NOT LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION

SYSTEM (ASSIST), AND PLANS, DRAWINGS, AND OTHER PERTINENT DOCUMENTS (MAY 2006)

Offerors may obtain the specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation by submitting a request to:

718 CES, Bldg 250 Kadena Air Base, Okinawa, Japan

Include the number of the solicitation and the title and number of the specification, standard, plan, drawing, or other pertinent document.

(End of Provision)

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through

(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.") ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (MAR 2006)

(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…