Solicitation FA5270-11-R-0006.pdf

1. Multiple Aw ard Construction Contract (MACC) is a multiple aw ard, competitive design-build and construction only Indefinite Delivery Indifinite quantity (IDIQ) construction based on a general statement of w ork further defined w ith each individual Task Order (TO). Work w ill consist of multiple disciplines in general construction categories for the military base facilities for USAF and partners units in Japan. This solicitation w ill be evaluated using Source Selection Procedures as described in section L and M.

2. Magnitude of the individual task order (TO) ranges betw een $500,000.00 (or Yen equivalent) to $5,000,000.00 (or Yen equivalent) . The total program value is Not-To-Exceed $125,000,000.00 (or Yen equivalent) over a f ive-year period w hich includes one basic year and four option years.

3. 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.

4. See Section L for details pertaining to the pre-proposal conference/site visit.

5. Blocks 11/12A/12B/13B applies to include Task Orders TOs; see section H.

JUNKO YAMASHIRO DSN:634-2374

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

03-Aug-2011

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________CONST-F-7166

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 __________5 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________02 Sep 2011 (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 _______160 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: JUNKO YAMASHIRO

UNIT 5199, BLDG 95 KADENA AB

APO AP 96368

FA5270

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

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

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

634-7626FAX:TEL: 634-2374 TEL: FAX:

FA5270-11-R-0006 55

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

FA5270-11-R-0006

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Lump Sum

MACC Basic Year

FFP

Basic Year Period (one year from the date of contract award) MACC is a multiple award, competitive Indefinite Delivery/Indefinite Quantity (IDIQ) construction acquisition including two work elements: Design-Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of multiple disciplines in general construction categories for the military base facilities of USAF and support units in Japan.

Prices are not required in this section. Prices will be requested for each task order.

This section is included for performance period only.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Lump

MACC, Option Year One

Option Year One Period (for a period of one year subsequent to Basic Year completion).

MACC is a multiple award, competitive Indefinite Delivery/Indefinite Quantity (IDIQ) construction acquisition including two work elements: Design-Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of multiple disciplines in general construction categories for the military base facilities of USAF and support units in Japan.

Prices are not required in this section. Prices will be requested for each task order.

This section is included for performance period only.

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Lump

MACC, Option Year Two

Option Year Two Period (for a period of one year subsequent to Option Year One completion).

MACC is a multiple award, competitive Indefinite Delivery/Indefinite Quantity (IDIQ) construction acquisition including two work elements: Design-Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of multiple disciplines in general construction categories for the military base facilities of USAF and support units in Japan.

Prices are not required in this section. Prices will be requested for each task order.

This section is included for performance period only.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Lump

MACC, Option Year Three

Option Year Three Period (for a period of one year subsequent to Option Year Two completion).

MACC is a multiple award, competitive Indefinite Delivery/Indefinite Quantity (IDIQ) construction acquisition including two work elements: Design-Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of multiple disciplines in general construction categories for the military base facilities of USAF and support units in Japan.

Prices are not required in this section. Prices will be requested for each task order.

This section is included for performance period only.

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Lump

MACC, Option Year Four

Option Year Four Period (for a period of one year subsequent to Option Year Three completion).

MACC is a multiple award, competitive Indefinite Delivery/Indefinite Quantity (IDIQ) construction acquisition including two work elements: Design-Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of multiple disciplines in general construction categories for the military base facilities of USAF and support units in Japan.

Prices are not required in this section. Prices will be requested for each task order.

This section is included for performance period only.

NOTE

Note: Price fill-in is not required in this section. Price proposed for MACC Sample Project shall be provided using the format in Section J, Attachment 3 based on the General Provisions (Attachment 1) and the Statement of Work (Attachment 2), and submitted along with Technical Proposal, Past Performance Information, and Past Performance Questionnaires in accordance with Paragraph CONST-L-7300 in Section L.

B-1. CLAUSES AND PROVISIONS

(a)Clauses and provisions from the Federal Acquisition on Regulation (FAR) 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 will be numbered in sequence, but will not necessarily appear in the consecutive order.

(c)Section K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

C-1 SPECIFICATIONS, STANDARDS AND DRAWINGS (IAW FAR 11.201)

(a) The contractor shall furnish the services and supplies set forth in Section Bin accordance with the General Provisions listed in Section J, and Statement of Work, specifications and/or drawings called for by individual task order when issued.

(b) For the Sample Project, Project No. LXEZ 11-8687, Construct Vet Admin Annex, Kadena AB, Okinawa, Japan, refer to the Statement of Work, Section J, Attachment 2.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of Clause)

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.

Section F - Deliveries or Performance

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 the number of days specified on the Task Order 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 date specified on the 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) Liquidated Damages for the Military family Housing (MFH) projects and the Operations and Maintenance (O&M) projects will be assessed, as stated below, if the Contractor fails to complete the work within the time specified in the contract.

- MFH projects: Contractor shall pay liquidated damages to the Government in the amount specified on Task Order Request for Proposal.

- O&M projects: Contractor shall pay liquidated damages to the Government in the amount of JPY

71,372 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 task order and work requirements.

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

Offeror’s Point of Contract Authorized to Negotiate or Discuss Proposal

Name of Primary: ___________________________ Name of Alternate: ______________________________

Address: ___________________________________ Address: ______________________________________

Telephone Number: __________________________ Telephone Number: ______________________________

Alternate Number: ___________________________ Alternate Number: _______________________________

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), 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: Accounting and Finance

DFAS-JRLE/JA-JAPAN AIR FORCE

Building 4 Yokota Air Force Base Fussa-shi Tokyo, Japan 197-0001

PAYING OFFICE FOR ARMY PROJECTS: Accounting and Finance

DFAS-JRLF/JA JAPAN ARMY

Building 4 Yokota Air Force Base Fussa-shi Tokyo, Japan 197-0001

GEN-G-0001 SUBMIT INVOICES ELECTRONICALLY Wide Area Work Flow Clause

This contract contains DFARS Clause 252.232-7003, Electronic Submission of Payment Requests. This clause requires invoices for supplies and services purchased by the DoD be submitted via electronic means. The Wide Area Workflow (WAWF) system satisfies this mandatory requirement. WAWF can be accessed on the internet at https://wawf.eb.mil/.

Before using WAWF, ensure your company’ s Electronic Business POCs listed in your Central Contractor Registration (CCR) are the same individuals that will invoice through WAWF. If they aren't, changes can be made to your company’ s CCR profile at www.ccr.gov. Click on "Update” or “ Renew” using “ TPIN". CCR customer support can be reached at 1-888-227-2423.

If your company’ s electronic businesses POCs are correct, contact the WAWF helpdesk at 1-866-618- 5988 or by e-mail at cscassig@ogden.disa.mil and ask to establish a group for your company’ s CAGE code. The group administrator will also have to call the WAWF helpdesk to request account activation.

Once the group is established and the account is activated, your company will be able to create a combination invoice/receiving report using the codes below and instructions available from our contract administrator/buyer.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Air Force Pacific at 011-81-3117-55-3068. Please have the order number and invoice number ready when calling about payment status. The accounts payable mailing address can be located in Block 18a of the order. Payment information can be easily accessed using the DFAS web site at http://www.dfas.mil. The purchase order/contract number or invoice will be required to inquire status of payment. Go to DFAS on the web at: www/dfas.mil/money/vendor..

The contractor shall create one of the following:

[ ] “2-n-1 format” for services only [ ] “Receiving report combo” for supplies or combination of supplies & services [ ] “Invoice ” for medical supplies [ ] “Construction Invoice” for construction

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES THROUGH WAWF, TO

BE DETERMINED PER INDIVIDUAL TASK ORDER.

ISSUE BY DODAAC: FA5270

ADMIN DODAAC: FA5270

INSPECT BY DODAAC: ______

SERVICE ACCEPTOR: ______

“SHIP TO” DODAAC: ______

PAY OFFICE DODAAC: F68800

Please send additional emails to all listed:

EMAIL POINT OF CONTACT LISTING: 18 CONS.WAWF@kadena.af.mil SERVICE ACCEPTOR/INSPECTOR: ____@kadena.af.mil CONTRACT ADMINISTRATOR: ____@kadena.af.mil

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 = JPY101.9517 evaluation of the award. All referenced US dollar amounts in this solicitation provisions/contract clauses are modified to include "or Yen equivalent". The current exchange rate will be specified on each Delivery/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-7204 PERFORMANCE BOND

A performance bond in the penal amount of one hundred percent (100%) for each delivery order of $150,000 or greater (or Yen equivalent) price shall be submitted within 15 calendar days after the delivery order is issued or prior to the receipt of the notice to proceed whichever comes first.

See FAR 52.228-15

Payment bond has been waived by the Contracting Officer pursuant to FAR 28.102-1(a)(1).

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

(a). Pursuant to DFARS 252.216-18, 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 take precedence.

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-7250 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 all other charges on 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: (1) Gasoline tax and local road tax on gasoline; (2) Diesel oil tax; (3) Liquefied petroleum tax, and (4) Consumption tax.

(c) If you are the successful offeror, the contracting officer or his authorized representative will issue customs or tax exemption certificate in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for either a 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. Contractor must claim all customs and tax exemptions to which the US Government is entitled.

Type of Commodity & Amount of Duty or Percentage of Tax Tax Excluded in Yen

(1) Customs Duties __________________ _________________

(2) Taxes __________________ _________________

(a) Gasoline tax and local road tax on gasoline __________________ _________________

(b) Diesel oil tax __________________ _________________

(c) Liquefied petroleum tax __________________ _________________

(d) Consumption tax __________________ _________________

(End of provision)

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- H-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.

SPECIAL CONTRACT REQUIREMENTS

A. PROPOSAL PREPARATION COSTS: The costs for preparation of Task Order proposals shall be the responsibility of the contractor and are not directly reimbursable. Each Task Order awarded will include at a minimum all labor wages, 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.

B. DRAWINGS: All drawings, if applicable, accompanying Task Orders will be considered to be a part of the scope of work.

C. TASK ORDER PERFORMANCE PERIOD: FAR Clause 52.211-10, Commencement, Prosecution and Completion of Work will be incorporated into each Task Order identifying the construction schedule. The Government reserves the right to negotiate a performance period or impose a performance period for each Task Order.

D. PREAWARD SITE INSPECTIONS: Upon receipt of the scope of work, including applicable drawings, and following a brief time period for reviewing the documents, the Contractor shall inspect the job site. The prospective project superintendent shall attend the site visit in addition to the appropriate Government personnel. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and applicable drawings should be brought to the attention of the Contracting Officer, in writing by the Government personnel. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design that appear to be ambiguous, confusing, conflicting or erroneous.

E. SUPERVISION: The contractor shall provide for each Task Order, supervision in accordance with FAR Clause 52.236-6, Superintendence by the Contractor.

F. NOTICE OF CONSTRUCTIVE CHANGES: Under the “Changes” clause of this contract, only the Contracting Officer may make changes in the work within the general scope of the contract by written order designated or indicated to be a change order. Any other written or oral order from the Contracting Officer that causes a change shall be treated as a change order, provided that the Contractor gives the Contracting Officer a written notice stating (1) the date, circumstances, and source of the order; and (2) that the Contractor regards the order as a change order.

G. PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE: Prior to commencing work under a Task Order, the Contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.

H. PARTNERING: Partnering is a structured process, as well as philosophy of doing business with contractors and customers, 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.

I. PERFORMANCE EVALUATIONS: At the conclusion of each Task Order, the Contracting Office will complete a contractor’s performance evaluation and input into CCASS, if the contract amount is excess of $650,000.00 (or Yen equivalent).

The evaluation will take into account all aspects of the contractor’s performance. Performance evaluations may be completed at any time the Contractor’s performance is considered less than satisfactory. Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. If the contract amount is less than $650,000.00 (or Yen equivalent), a contractor’s performance evaluation will be manually conducted. The performance evaluations will have an impact on the award of future Task Orders.

J. TASK ORDER ISSUANCE PROCEDURES:

1. Work under this contract will be ordered by written Task Orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the Contracting Officer.

2. Each award as a result of this solicitation will cite an individual contract number. Individual Task Orders will be placed in a sequential numbering system, which relate back to the basic contract and their assigned Task Order Number.

3. 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 duly executed Task Orders.

4. Task Orders will be firm fixed price and clearly define the specific services to be performed or the performance desired.

Each Task Order will contain or reference applicable clauses and provisions.

5. Task Order 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 Task Order may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals. Reference contract Attachment 1, MACC Construction Specifications, Section 01 01 00, General Requirements for details on Work Element No. 1 (Design-Build) and Work Element No. 2 (Construction Only).

Task Orders may be modified by the Contracting Officer. Modifications to Task Orders will be issued on Standard Form

(SF) 30 and cite the Task Order Number.

Task Orders shall be issued by Contracting Officers assigned to18th Contracting Squadron or delegated to requisite Contracting Officers with other Air Force Base within Japan.

K. COMPETITION

1. Only the contractors awarded contracts as a result of this RFP will compete for subsequent Task Orders. These contractors are encouraged to participate in all site visits and submit proposals. Failure by offerors to participate responsibly in site visits and submit proposals may result in the Government not exercising the option to extend the contract or exclusion of the contractor from further competition. Occasionally, (generally during the last quarter of the fiscal year), the government will solicit offers for projects for which funds are not certified or readily available. In the Pacific Air Force, these acquisitions as generally referred to a “Straddle B projects.” The contracting officer may solicit offers from MACC awardees. Submission of proposals for these acquisitions is at the sole discretion of the respective MACC awardees and their declination to participate in any or all such Straddle B solicitations will not reflect negatively upon them.

2. Generally, two proposals in response to a Task Order Request for Proposal (TORFP) will satisfy the requirement to have competition.

3. Unless the Contracting Officer applies the exceptions per FAR 16.505, (b)(2), each Task Order will be awarded as a result of competition to the contractor who offers the best value or Lowest Price Technically acceptable to the Government considering the criteria specified.

4. As imposed by 10 USC 9540 (b) requires that the fee for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department of the Air Force, which uses appropriated funds.

This limitation does not apply to site investigation, studies, or surveys. Similar limitations apply to projects for the Departments of the Army and Navy. This is a statutory cost limitation. The Contracting Officer cannot negotiate a project price that allots more than 6 % of an appropriated fund project’s price for these purposes.

(i) DESCRIPTION OF SUBSEQUENT TASK ORDERS: Task Orders will range from $500,000 (or Yen equivalent) to $5,000,000 (or Yen equivalent), with most Task Orders falling in the range of $500,000 (or Yen equivalent) to $1,000,000 (or Yen equivalent). Task Order projects may require either a single discipline or multi-disciplined design services for all aspects of general building construction for new, renovation 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 or no design.

(ii) SUBSEQUENT TASK ORDER EVALUATION CRITERIA: Subsequent Task Orders may be awarded on best value, either tradeoff process or low price, technically acceptable. If the Government decides to issue the Task Order as a best value using the trade off process, award factors will vary depending on the unique requirements of each Task Order. Criteria like the following may be considered in addition to price:

(a) Past Performance – Task Order past performance or prior past performance on other contracts

(b) Quality of Deliverables

(c) Ability to Meet Schedule Requirements

(d) Relevant Experience

(e) Price Control

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

(g) Current workload

(h) Design

(i) The contractor’s technical understanding of the work

(j) The most efficient plan to accomplish the work

(k) Rationale for proposed materials, type and quantities

(l) Sustainable design features

L. The Contracting Officer will determine for each task order whether utilities are available for the contractor to use.

M. Non-Appropriated Funds Instrumentality (NAFI) Provisions: Reference Section J, Attachment 1, Section 010100 for all NAFI projects.

(END OF CLAUSE)

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 OCT 2010 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

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2010

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

DEC 2010

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JAN 2011

52.210-1 Market Research APR 2011 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-21 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data-- Modifications

OCT 2010

52.216-7 Allowable Cost And Payment JUN 2011 52.216-7 Alt I Allowable Cost and Payment (Dec 2002) - Alternate I FEB 1997 52.222-50 Combating Trafficking in Persons FEB 2009 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

52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010 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 OCT 2010 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 2010 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 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 52.236-24 Work Oversight in Architect-Engineer Contracts APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.243-6 Change Order Accounting APR 1984 52.244-6 Subcontracts for Commercial Items DEC 2010 52.245-1 Government Property AUG 2010 52.245-9 Use And Charges AUG 2010 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-3 Value Engineering-Construction OCT 2010 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 52.249-10 Alt I Default (Fixed-Price Construction) (Apr 1984) Alternate I APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7012 Preference For Certain Domestic Commodities JUN 2010 252.225-7041 Correspondence in English JUN 1997 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 252.227-7024 Notice and Approval of Restricted Designs APR 1984 252.227-7032 Rights In Technical Data And Computer Software (Foreign) JUN 1975 252.227-7033 Rights in Shop Drawings APR 1966 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

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 252.236-7006 Cost Limitation JAN 1997 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)

NOV 2010

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

FEB 2011

252.245-7002 Reporting Loss of Government Property FEB 2011 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

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

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 $500,000.00 (or Yen equivalent) (except for the initial contract awards, the amount is $2,500, (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 $5,000,000 (or Yen equivalent);

(2) Any order for a combination of items in excess of $15,000,000 (or Yen equivalent); or

(3) A series of orders from the same ordering office within five (5) business days that together call for quantities exceeding the limitation in 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 five (5) business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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.