FA5270-12-R-0011

Various Buildings, Various Locations, Okinaw a, Japan

-This is an unrestricted, Firm Fixed-Price Indefinite Delivery Indefinite Quantity solicitation.

-The resulting single-aw ard contract w ill consist of One Base Year plus 4, One-Year Option periods.

-The aggregate maximum amount of this contract including basic and all option years shall not exceed $5,000,000 US or Japanese Yen equivalent.

-Enter prices in Exhibit's A thru E and CLINS in section B. Submit all pricing requirements in both electronic and paper form.

-Letter of Intent to Bond from an accredited bonding company shall be submitted w ith the original proposal.

-Performance bond are required w ithin 15 days after task order contract aw ard IAW FAR 52.228-15.

-Payment bond are not required IAW FAR 28.102-2(b)(2)(i).

-Funding w ill be accomplished via individual task orders.

-Since this project w ill be performed in its entirety in the country of Japan, the successful offeror is responsible to obtain any necessary authorization or permits to perform this contract in Japan (IAW DFARS 252.225-7042).

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

16-May-2012

(RFP)

(IFB)

X

CALL:

Remove Asbestos And Lead Based Paint

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

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 _______5 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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 ______________18 Jun 2012 (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: SYBANGONE, ANGKHAM

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: BRIAN AUSTIN

UNIT 5199, BLDG 95 KADENA AB

APO AP 96368

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

LXEZ 12-2667

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

FAX:TEL: DSN:634-7739 TEL: 634-4741 FAX: 634-7626

FA5270-12-R-0011 54

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

FA5270-12-R-0011

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Sampling, Testing, & Removal ACM & LBP

FFP

Base Year Contractor shall provide all supervision, materials, equipment, tools, and labor necessary to sample, test, and remove asbestos containing materials and lead-based paint from various buildings located on various US military installations in Okinawa, Japan. Work shall be done in strict accordance with the specifications and drawings, SoW, and terms and conditions of the contract.

SEE PRICE SCHEDULE IN EXHIBIT A (ELIN A001 THRU A062)

Exchange Rate will be determined per task order.

FOB: Destination

NET AMT

1001 1 Lump Sum OPTION Sampling, Testing, & Removal ACM & LBP

FFP

Option Year One Contractor shall provide all supervision, materials, equipment, tools, and labor necessary to sample, test, and remove asbestos containing materials and lead-based paint from various buildings located on various US military installations in Okinawa, Japan. Work shall be done in strict accordance with the specifications and drawings, SoW, and terms and conditions of the contract.

SEE PRICE SCHEDULE IN EXHIBIT B (ELIN B001 THRU B026)

2001 1 Lump Sum OPTION Sampling, Testing, & Removal ACM & LBP

FFP

Option Year Two Contractor shall provide all supervision, materials, equipment, tools, and labor necessary to sample, test, and remove asbestos containing materials and lead-based paint from various buildings located on various US military installations in Okinawa, Japan. Work shall be done in strict accordance with the specifications and drawings, SoW, and terms and conditions of the contract.

SEE PRICE SCHEDULE IN EXHIBIT C (ELIN C001 THRU C062)

3001 1 Lump Sum OPTION Sampling, Testing, & Removal ACM & LBP

FFP

Option Year Three Contractor shall provide all supervision, materials, equipment, tools, and labor necessary to sample, test, and remove asbestos containing materials and lead-based paint from various buildings located on various US military installations in Okinawa, Japan. Work shall be done in strict accordance with the specifications and drawings, SoW, and terms and conditions of the contract.

SEE PRICE SCHEDULE IN EXHIBIT D (ELIN D001 THRU D062)

4001 1 Lump Sum OPTION Sampling, Testing, & Removal ACM & LBP

FFP

Option Year Four Contractor shall provide all supervision, materials, equipment, tools, and labor necessary to sample, test, and remove asbestos containing materials and lead-based paint from various buildings located on various US military installations in Okinawa, Japan. Work shall be done in strict accordance with the specifications and drawings, SoW, and terms and conditions of the contract.

SEE PRICE SCHEDULE IN EXHIBIT E (ELIN E001 THRU E062)

NON-PRICED ITEMS

1. Indefinite Delivery Indefinite Quantity Non-Priced Items (NPI’s) Work or Non-Priced Items not covered by this contract but within its scope, general intent, and necessary to complete the specific task order, may be negotiated and incorporated into the task order by the Contracting Officer.

NPI’s shall be so specified on each individual task order and will not exceed 25% of the final negotiated amount, unless approved at the discretion of the Contracting Officer. NPI’s included in the task order shall be represented by the Contractor in a separate category, showing itemized material, labor, equipment, G&A, and profit charges.

If the total amount of all NPI’s exceed $3,000 (or yen equivalent), the Contractor shall provide at least three (3) price quotes to substantiate the proposed price. In case where three (3) quotes cannot be obtained, the Contractor shall notify the Contracting Officer with written explanations. More than one (1) quote may be required for NPI’s less than $3,000 (or yen equivalent) if it is determined necessary. These quotes shall be made available to the Contracting Officer upon request.

2. Adding Non-Priced Items (NPI’s) to the Contract Negotiating prices for NPI’s and incorporating them in a task order does not incorporate the items into the contract for subsequent use as a priced item. To permit subsequent use, the contracting officer must incorporate prices for NPI’s by supplemental agreement into the basic contract. This may be done by the issuance of a bilateral modification at any time during the contract period.

Section C - Descriptions and Specifications

SPECIFICATIONS

Specifications are included in attachment 1.

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 FULL TEXT

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

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. 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 task 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 must be corrected by the contractor, and verified by the project inspector, prior to expiration of the contract period for the individual task 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 rights under any clause in this contract, including the right to assess liquidated damages as may be appropriate for failure to complete the task order 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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 1 yr. ADC 1 718TH CES ( F2H2B9 )

WILFREDO JAVELOSA

UNIT 5261

APO AP 96368-5261

632-8551

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)

52.211-10 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 each individual task order. The time stated for completion shall include final cleanup of the premises.

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 $435.45 for each calendar day of delay until the work is completed or accepted. In addition, the contractor shall pay for Military Family Housing Projects, an additional $130.48 per person for relocation off-base 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.

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

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

TASK ORDERS

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

CONST-F-7164 HISTORICAL DATA/GOVERNMENT ESTIMATES AND PROJECTED USAGE

The following historical data and/or government estimate is provided for information purposes only, and is the most accurate available based on recent history and/or reasonable projections for future usage. Variations from the historical data or projected usage provided will not be grounds for a claim against the government.

HISTORICAL DATA

Project Number Area/Location/Bldg no. Description of Work Award Amount LXEZ 10-2667-1 Kadena AB (7 Bldgs) ACM & LBP Sampling & Testing ¥3,807,000 EVKP 10-4234 GOQ #4210 Abate Patio Asbestos Ceiling ¥1,102,420 LXEZ 10-2667-6 Kadena AB (57 Bldgs) ACM & LBP Sampling & Testing ¥855,000 LXEZ 10-2667-6A Kadena AB (57 Bldgs) ACM & LBP Sampling & Testing ¥4,572,000 F13160 Naha Port/ Torii (7 Bldgs) ACM & LBP Sampling & Removal ¥14,393,320 LXEZ 10-2667-9 Kadena AB (22 Bldgs) ACM & LBP Sampling & Testing ¥330,000

CONST-F-7165 DAMAGED EQUIPMENT / FACILITIES LIABILITY

The liquidated damages included in this contract do not concern costs associated with damage to communications equipment installed or operating in the facilities where the construction shall occur. Interference with or damage to this equipment may result in significant costs to provide alternate means of transmission, if alternatives are possible. The costs of alternates as well as the cost of repairs or replacement of damaged equipment or facilities may for the basis of a Government claim against the contractor.

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

ORDERS

The United States Government will issue Notice to Proceed within 20 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 change the terms or conditions of this contract. Reference Section I, DFARS 252.201-7000 entitled Contracting Officer’s Representative (DEC 1991).

PAYING OFFICE: Accounting and Finance

DFAS-BVNF/JA-JAPAN AIR FORCE

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

PAYING OFFICE: 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 [X] “Construction Invoice” for construction

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

ISSUE BY DODAAC: FA5270

ADMIN DODAAC: FA5270

INSPECT BY DODAAC: F2H2B9 or FFENGE SERVICE ACCEPTOR: F2H2B9 or FFENGE “SHIP TO” DODAAC: F2H2B9 or FFENGE

PAY OFFICE DODAAC: F68800

Please send additional emails to all listed:

EMAIL POINT OF CONTACT LISTING: Brian.Austin@kadena.af.mil SERVICE ACCEPTOR/INSPECTOR: Wilfredo.Javelosa@kadena.af.mil CONTRACT ADMINISTRATOR: Brian.Austin@kadena.af.mil mailto:BRENDA.LECKRONE@ELMENDORF.AF.MIL� mailto:Wilfredo.Javelosa@kadena.af.mil� mailto:BRENDA.LECKRONE@ELMENDORF.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. For price evaluation purposes only, the yen rate is $1.00 = JPY91.2524. Yen rate will be established per individual task order. The yen rate for the seed project or initial task order is $1.00 = JPY76.48.

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

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 15 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-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.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JAN 2012 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

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 Central Contractor Registration FEB 2012 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

FEB 2012

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

FEB 2012

52.215-2 Audit and Records--Negotiation OCT 2010 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 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 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 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 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 52.232-16 Progress Payments AUG 2010 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 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 DEC 2010 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2010 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 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights 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 Alternate A SEP 2007 252.204-7008 Export-Controlled Items APR 2010 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 252.223-7006 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 252.227-7033 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 252.242-7004 Material Management And Accounting System MAY 2011 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)

SEP 2011

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 $3,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $1,000,000 (or Japanese Yen equivalent);

(2) Any order for a combination of items in excess of $1,000,000 (or Japanese Yen equivalent); or

(3) A series of orders from the same ordering office within 10 calendar 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 10 (Ten) days after issuance, with written notice stating the reasons why the Contractor is unable to perform the delivery order.

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 24 months from the expiration of the basic contract performance period.

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 prior to the end of the performance period; 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.

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

(a) Definitions. As used in this clause--

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to:

Mr. Angkham A. Sybangone 18th Contracting Squadron/LGCC Unit 5199, B 95

APO, AP 96368 (Okinawa,Japan)

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 25 (twenty-five) 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 52.236-7 is altered from “Federal, State and municipal” to “ host government and political subdivisions”

FAR 52.228-15 is altered to remove “(b)(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the increase in contract price.”

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, Camp McTureous, Camp Courtney, Camp Kinser, Okuma Recreation Center, Naha Port, Fort Buckner, Torii Station, Chimuwan Area, 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.

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued:

Base Year:365 calendar days from award date;

1st Option Year: 365…