Amendment__1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to alter the date of the site visit and to include a pre-proposal conference, to change the date questions are due, and to correct the clause stated in FAR clause 52.212-4 Addendum (x) to read "(x) Option to Extend the Term of the Contract (IAW 52.217-9)."

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 23-Apr-2013

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X FA5270-13-R-0012

X 9B. DATED (SEE ITEM 11)

11-Apr-2013

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 2 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

23-Apr-2013

CODE

18 CONS/LGCA

POC: AL DABBAGH, ANNA MARIA

UNIT 5199 BLDG 99

APO AP 96368

FA5270 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

FA5270-13-R-0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

PRE-PROPOSAL/SITE VISIT

The Pre-Proposal Conference and Site Visit has been re-scheduled from 24 April 2013 to 30 April 2013 at 0900, Gate 1, Kadena AB, Okinawa, Japan. Please see revised Attachment #5, Pre-Proposal Conference/Site Visit Reservation Form. The date Questions are due has been revised from 01 May 2013 to 06 May 2013. Please see revised Attachment #6, Question Form.

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 13-May-2013 04:00 PM to 15-May-

2013 04:00 PM.

me

The following have been modified:

SERV-ADD52.212-1

ADDENDUM TO FAR 52.212-1,

INSTRUCTIONS TO OFFERORS - -COMMERCIAL ITEMS (JAN 2005)

(INCORPORATED BY REFERENCE ON STANDARD FORM 1449)

FAR Clause 52.212-1, Instruction to Offerors-Commercial Items (Feb 2012), is herby tailored in accordance with the following:

52.212-1 (c) is hereby tailored to read as follows: Period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

52.212-1 (e) is herby tailored to read as follows: Multiple offers will NOT be accepted

52.212-1 (h) is herby tailored to read as follows: No multiple awards will be made.

52.212-1 (k) is hereby tailored to read as follows:

(k) System for Award Management Registration.

(1) Definitions. As used in this section-

"Central Contractor Registration (CCR) database" means the retired primary

Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(i) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(ii) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(i) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(ii) The Contractor's CAGE code is in the SAM database; and

(iii) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service {IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process.

"System for Award Management {SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(i) Data collected from prospective federal awardees required for the conduct of business with the Government;

(ii) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12;

and

(iii) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office.

(2)

(i) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(ii) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(iii) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(3) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(i) A contractor may obtain a DUNS number-

(A) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(B) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(ii) The Contractor should be prepared to provide the following information: (A) Company legal business name.

(B) Trade style, doing business, or other name by which your entity is commonly recognized.

(C) Company physical street address, city, state and Zip Code.

(D) Company mailing address, city, state and Zip Code (if separate from physical).

(E) Company telephone number.

(F) Date the company was started.

(G) Number of employees at your location. (H) Chief executive officer/key manager. (I) Line of business (industry).

(J) Company Headquarters name and address (reporting relationship within your entity).

(4) Reserved.

(5) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(6) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(7)

(i)

(A) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

(aa) Change the name in the SAM database;

(bb) Comply with the requirements of subpart 42.12 of the FAR; and

(cc) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(B) If the Contractor fails to comply with the requirements of paragraph (k) (2)(i) of this clause, or fails to perform the agreement at paragraph (k) (2) (ii) of this clause, and in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(ii) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees, shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(8) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquistition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

The response shall consist of three (3) separate parts:

Part I – Technical, Part II – Price , and Part III-- Past Performance Information

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists offerors may be required to submit cost data or information other than cost or pricing data to the extent necessary for the contracting officer to determine the reasonableness and completeness of the price.

C. Specific Instructions:

1. PART I- TECHNICAL APPROACH

(a) Provide a copy of the landfill(s) operating permit that material is being transported to in accordance with PWS paragraph 1.2.1 (Disposal)

(b) Provide confirmation Contractor has access to incinerators.

(c) Provide Landfill Information on:

i. Provide future landfill capacity to include the maximum capacity, current filled level, and average estimated collection per year.

2. PART II – PRICE PROPOSAL - Submit original and one (1) copy

(a) Complete blocks 12, 17a, and 30a, b, and c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. The SOLICITATION constitutes the model contract.

https://www.acquistition.gov/

(b) Insert proposed unit and extended prices in the Pricing Schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal(s) must be submitted for a base year plus six (6) Option Years.

(c) Complete the necessary fill-ins and certifications in the provisions. The provisions FAR 52.212-3 shall be returned along with the proposal.

2. PART III – PAST PERFORMANCE INFORMATION - Limited to no more than 10 pages per contract reference (not to exceed five) containing information described in paragraphs (a) and (b) below. Only references for same or similar type contract desired. Submit original and four (4) copies.

(a) Quality and Satisfaction Rating for Contracts Completed in the Past Three Years: Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(b) Performance Surveys: Provide a list of no more than five (5), of the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years from the issuance date of the solicitation.

Relevant contracts include efforts involving Municipal Solid Waste Collection and Disposal Services. The evaluation of past performance information will take into account past performance Services. The evaluation of past performance information will take into account past performance information regarding predecessor companies, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract referenced in Section 1 of Attachment 8, Past performance Questionnaire:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

(vii) Verified, up-to-date name, address, FAX and telephone number of the contracting officer

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

(c) Attachment #8, Past/Present Performance Questionnaire. Fill out Section 1: Contract Identification. Once complete, send to the customer/agency for each relevant contract being used as a past/present performance reference. Instruct the customer/agency to complete the questionnaire fully and return directly by e-mail to annamaria.al_dabbagh.1@us.af.mil or hand carry to the 18th Contracting Squadron, Bldg 99, Kadena AB, Okinawa, Japan. ONCE COMPLETE, PAST/PRESENT PERFORMANCE QUESTIONNAIRES MUST BE RETURNED TO 18th CONTRACTING SQUADRON UNOPENED. IT IS NOT TO BE PROVIDED THROUGH THE

OFFEROR NO LATER THAN 25 APRIL 2013.

(d) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

mailto:annamaria.al_dabbagh.1@us.af.mil

(e) Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

1. Requirements of the solicitation (Item Numbers) and Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

General Information

INFORMATION REGARDING SUBMISSION OF PROPOSAL: Hand carried proposals must be deposited in the bid depository located at 18th Contracting Squadron, Bldg 99, Kadena AB, Okinawa, Japan. The sealed envelope or package used to submit your proposal must show the time and the date specified for the receipt, the Solicitation Number, and the name and address of the offeror. There is a time and date stamp at the drop location. Electronic proposals will be accepted via email to annamaria.al_dabbagh.1@us.af.mil. Offerors are cautioned that Kadena AB, Okinawa, Japan has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at the bid depository PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

1. CONTRACTOR INQUIRIES: Formal communications/inquiries, such as requests for clarifications and/or information concerning the solicitation, MUST be submitted in writing using Attachment #6. When addressing questions concerning any aspect of the solicitation, state the page number, section, and paragraph number. Offerors shall submit the questions by email to annamaria.al_dabbagh.1@us.af.mil. All questions must be forwarded No Later Than 06 May 13 to ensure that the Contracting Officer has sufficient time to post responses on FedBizOpps.

2. PROPOSAL SUBMISSIONS:

A. All proposals must be submitted to:

18 CONS/LGCA

Attn: SrA Anna Maria Al Dabbagh Unit 5199, Bldg 99

APO, AP 96368

Kadena Air Base, Okinawa, Japan

ADDENDUM TO FAR PROVISION 52.212-4, CONTRACT TERMS AND CONDITIONS –

COMMERICIAL ITEMS.

FAR Clause 52.212-4, Contract Terms and Conditions-Commercial), is herby tailored in accordance with the following:

(1) The following are hereby incorporated:

(u) Ordering (IAW FAR 52.216-18)

(i) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01 Oct 2013 through 30 Sep 2014.

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

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

(End of Clause)

(v) Order Limitations (IAW FAR 52.216-19)

(i) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(ii) Maximum order. The Contractor is not obligated to honor --

(a) Any order for a single item in excess of $1,000,000

(b) Any order for a combination of items in excess of $3,000,000 or

(c) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(iii) 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) of this section.

(iv) Notwithstanding paragraphs (b) and (c) of this section, 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 (to be determined) 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.

(End of Clause)

(w) Option to Extend Services (IAW FAR 52.217-8)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

(End of Clause)

(x) Option to Extend the Term of the Contract (IAW FAR 52.217-9)

(i) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires, 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.

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

(iii) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 7 years and 6 months.

(End of clause)

(y) 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 https://www.sam.gov/portal/public/SAM/. 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:

[ X] “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

ISSUE BY DODAAC: FA5270

ADMIN DODAAC: FA5270

INSPECT BY DODAAC: FA5270

SERVICE ACCEPTOR: F2H3A2

“SHIP TO” DODAAC: F2H3A2

PAY OFFICE DODAAC: F68800

Please send additional emails to all listed:

EMAIL POINT OF CONTACT LISTING: 18 CONS.WAWF@US.AF.MIL

SERVICE ACCEPTOR/INSPECTOR: ____@us.af.mil CONTRACT ADMINISTRATOR: ____@us.af.mil

(z) Limitation of Government’s Obligation (LOGO)

The Government reserves the right to incorporate DFARs Clause 252.232-7007 in resulting Task Orders from this contract.

(2) FAR 52.212-4 paragraph (k), is changed to read:

TAX EXEMPTION CERTIFICATE

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 o gasoline or diesel, or other necessary information and data as may be required. The Contracting Officer will issue to the contractor a Tax Exemption Certification 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 paragraph

“EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF FORCES

AGREEMENT”.

EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF FORCES

AGREEMENT (AUG 2001)

(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 taxes in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for either at the end of each month or upon termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so, if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption.

(d) List below the customs duties or taxes which have been excluded from your proposal as required by the Taxes Clause. Contractor must claim all customs and tax exemptions to which the U.S. Government is entitled.

Type of Commodity and Amount of Duty or Tax Percentage of 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 Clause)

(3) FAR 52.212-4 paragraph (k), is changed to read:

REQUIRED INSURANCE (In addition to that required by Japanese Law) (AUG 2001)

(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 Insurance Amount: ¥3,000,000 or Dollar equivalent Bodily Injury Insurance Amount: ¥30,000,000 or Dollar equivalent

All vehicles must be properly inspected/insured in accordance with Japanese Compulsory Insurance (JCI) requirements.

(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 U.S. Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state 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.

(End of Clause) n

(End of Summary of Changes)