FA5270-13-R-0047.pdf

1. Project LXEZ 12-1886 Extend Sprinkler, B926

2. The magnitude of this project is betw een $25,000.00 and $100,000.00. The general statement of the magnitude of this project is furnished for the convenience of the prospective offerors. The actual extent of w ork required w ill be governed by the contract specif ications and draw ings.

3. This requirement w ill be accomplished IAW FAR 13 Simplif ied Acquisition Procedures

LUKAS, DAVID 634-7493

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

12-Jul-2013

(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 _______5 calendar days and complete it w ithin ________299 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________17 Jul 2013 (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 _______182 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: LUKAS, DAVID J

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)

315-634-7626FAX:TEL: 315-634-7493 TEL: FAX:

FA5270-13-R-0047 41

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

FA5270-13-R-0047

Section A - Solicitation/Contract Form

FUNDS AVAILABILITY

NOTICE to Offerors: Funds are not presently available for this effort. No award will be made under this RFP until funds are available. The Government reserves the right to cancel this RFP, either before or after the closing date. In the event the Government cancels this RFP, the Government has no obligation to reimburse an offeror for any costs.

The proposal will be valid until 31 Dec 2013.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot LXEZ 12-1886, Extend Sprinkler, B926

FFP

The Contractor shall furnish all tools, equipment, materials, testing, labor and personnel necessary to plan, design, manage and supervise the project which shall consist of, but not be limited to, removal of the existing halon fire suppression system, extension of the existing wet pipe sprinkler system and all other related work necessary to complete this project at Bldg 926. The Contractor shall develop and provide the best solution and provide recommendations not specifically stated elsewhere in this statement of work. A complete and usable product shall be furnished to the Government upon completion of this requirement IAW Section H, SOW

FOB: Destination

SIGNAL CODE: A

NET AMT

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

CLAUSES INCORPORATED BY REFERENCE

CONST-E-7140B PRE-FINAL AND FINAL INSPECTION MAY 2005

CONST-E-7141 DESIGNATION OF GOVERNMENT INSPECTOR JAN 2002

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 299 dys. ADC 1 718 CES/CEPMA

TADASHI NAKAMURA

BLDG 250, UNIT 5261

APO AP 96368-5261

634-3179 FOB: Destination

F2H2B9

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984

CLAUSES INCORPORATED BY FULL TEXT

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 $329.70 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.

(End of clause)

CONST-F-7160 ISSUANCE OF NOTICE TO PROCEED

The United States Government will issue Notice to Proceed within 20 calendar days after contract award.

Section G - Contract Administration Data

CONST-G-7180 POST AWARD ADMINISTRATIVE INFORMATION

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

PAYING OFFICE: Accounting and Finance

DFAS-BVNF/JA

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 System for Award Management (SAM) are the same individuals that will invoice through WAWF. If they aren't, changes can be made to your company’s SAM profile at https://www.sam.gov/portal/public/SAM/. Click on "Update” or “Renew” using “TPIN". SAM customer support can be reached at 1-866-606-8220.

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: FA5270

SERVICE ACCEPTOR: F2H2B9

“SHIP TO” DODAAC: F2H2B9

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: tadashi.nakamura.jp@us.af.mil CONTRACT ADMINISTRATOR: david.lukas@us.af.mil

Section H - Special Contract Requirements

STATEMENT OF WORK

STATEMENT OF WORK

Project: LXEZ 12-1886 Title: Extend Sprinkler System, B926 Location: Bldg 926, Kadena Air Base, Okinawa, Japan

1.0 General Scope: The Contractor shall furnish all tools, equipment, materials, testing, labor and personnel necessary to plan, design, manage and supervise the project which shall consist of, but not be limited to, removal of the existing halon fire suppression system, extension of the existing wet pipe sprinkler system and all other related work necessary to complete this project at Bldg 926. The Contractor shall develop and provide the best solution and provide recommendations not specifically stated elsewhere in this statement of work. A complete and usable product shall be furnished to the Government upon completion of this delivery order

2.0 Project Schedule And Time Constraints:

2.1 Completion of Work: The Contractor shall be required to complete the entire work, ready for use, not later than 299 calendar days after the date of Notice to Proceed (NTP). This includes 107 calendar days for design and 192 calendar days for performance time.

2.2 Design Schedule: The Contractor shall schedule a pre-design conference by contacting the Contracting Officer.

This project shall, thereafter, be completed in accordance with the following sequence. The Contractor shall attend review meetings as scheduled.

Schedule Shall be completed within

Submit 65% design documents 30 calendar days after the NTP Government 65% design review 21 calendar days after submission Submit 95% design documents 21 calendar days after 65% review Government 95% design review 21 calendar days after submission Submit 100% design documents 14 calendar days after 95% review

Design Subtotal: 107 calendar days

2.3 Construction Schedule: The building to be worked on will be occupied during the construction period. The Contractor must study the most efficient work plan to minimize inconvenience to the user during construction. The Contractor can begin on-site work with approval from the Government upon satisfactory response actions at the 100% design. The Contractor shall be allowed to work 0800 to 1700 hours, Monday through Friday, excluding US legal holidays.

2.4 Performance Time: The contractor shall be completed within 192 calendar days. This includes material submittals, government material submittal review, procurement of materials and construction time.

a. Material Submittals: 21 Calendar Days

b. Material Review: 21 Calendar Days

c. Procurement of Materials: 90 Calendar Days

d. Construction Time: 60 Calendar Days

Performance Time: 192 Calendar Days

3.0 Design and Construction Requirements:

3.1 A design shall be developed and provided that addresses the scope identified within this Statement of Work and be included as part of the contract cost. During the construction period, the Contractor shall minimize interference with existing work. Design must conform to Unified Facility Criteria (UFC) Standards, current IBC, UFGS (www.wbdg.org), NFPA 70 and all other applicable publications, codes, and regulations. The Government shall not be responsible for any additional costs which could have been avoided through an appropriate contractor’s design and construction.

3.2 There is an existing wet pipe sprinkler system throughout Bldg 926 except for Room 101, 101A and TR2. These three rooms were protected by halon fire suppression system which was disconnected and abandoned already. The water for sprinkler system is supplied from the existing fire pumps at Fire Pump House B927. As-built drawings except for sprinkler system will be provided to the Contractor for reference in their present form. As-built drawings of sprinkler piping system are not available. Actual field investigation and survey of the facility and sprinkler piping system must be conducted by the Contractor to ascertain existing conditions before start of design. The Government bears no responsibility for the accuracy of these drawings.

3.3 The materials submittal must be coordinated and approved with 718CES/CEPMA. Required Submittals shall be identified on an AF Form 66, Material Submittal Log by the government based upon the contractor’s design proposal, submittals shall be transmitted provided an AF Form 3000.

3.4 Designer certification requirement for design engineers: When the Government indicates minimum requirement of Design Engineers, they shall be as indicated in the Qualification Matrix below.

All design professionals shall have current registration to practice in the United States or Japan; however, there may be particular Task Order(s) involving unique design that specifically requires U.S. Professional Registration. Approval shall be indicated on all documents by having the professional signature or stamp/seal of the architect or engineer with personal signature over same appearing on all sheets as applicable to their specialties.

Experience Matrix

Area Qualifications

Architectural Graduate Architect with professional registration and 5 yrs experience or 1st Class Kenchikushi

Mechanical Graduate Mechanical Engineer with professional registration and 5 yrs experience; or Kenchiku Setsubishi

Fire Protection Graduate mechanical, electrical or related engineering discipline with professional registration of Fire Protection Engineer and minimum of 5 years experience.

Electrical Graduate Electrical Engineer with professional registration and 5 yrs experience; or Class 3 Denki Shunin Gijutsusha

3.5 Design Conferences

a. Pre-Performance: As part of the Pre-Performance Conference conducted after the contract award, key representatives of the Government and the Contractor will review the design submission and review procedures specified herein, discuss the design schedule and provisions for phase completion of the “Design-Build” documents with construction activities (fast tracking), as appropriate, meet with Government Design Review personnel and key Using Agency points of contact and any other appropriate pre-design discussion items.

b. Design Review Conferences: Review conferences will be held on base for each design submittal. The Contractor will bring the personnel that developed the design submittal to the review conference. The conferences will take place approximately in a week after the review is complete.

c. Conference Records: The contractor shall within seven (7) working days after each conference or discussion, either telephonic or in person, prepare a written record of the meeting and/or discussions and furnish a copy (in electronic format and hard copy) to the COR or 718 CES Engineer identified in the individual task order via the Contracting Officer. The written report shall include the project name, contract/TO number, subject, the name of the participants, an outline of discussions, the recommendations, and conclusions. Number each written record for the particular project under design in consecutive order.

3.6 Protection of properties: The Contractor shall protect all equipment, furniture and other items not removed in the work area with approved protective materials. The items moved by the Contractor shall be properly stored and protected and shall be returned to the original place by the Contractor.

3.7 Any interruption of utility services or building access shall be coordinated with Using Agency through 718CES/CEPM.

3.8 Daily Report Contractor shall provide progress photos and reports if requested by the Government.

3.9 Availability of Latrine: Latrine is not available in the work area. The Contractor shall be responsible for providing latrines for his personnel.

3.10 Contractor shall provide a weather delay request within 48 hours of inclement weather that caused the work delay.

3.11 Joint job site inspection shall be conducted by the project engineer, user, contractor, and 18 CONS/LGCC representatives.

3.12 Project design must be coordinated with the Using Agency, CEPM and other agencies involved in project reviews.

3.13 Submittals: Project documents to be submitted for each design stage are as follows.

a. 65% Design:

(1) Full size (B1) drawings 1 sets

(2) Half size (B2) drawings 10 sets

(3) Specifications 10 sets

(4) Design Calculations 5 sets

(5) CD (all drawings, specifications, design 2 sets analysis and reports in PDF)

b. 95% Design:

(1) Full size (B1) drawings 1 sets

(2) Half size (B2) drawings 10 sets

(3) Specifications 10 sets

(4) Design Calculations 5 sets

(5) CD (all drawings, specifications, design 2 sets analysis and reports in PDF)

c. 100% Design:

(1) Full size (B1) drawings 1 sets

(2) Half size (B2) drawings 3 sets

(3) Specifications 3 sets

(4) Design Calculations 2 sets

(5) CD (all drawings, specifications, design 2 sets analysis and reports in PDF)

d. Final Design (AS-Built):

(1) Full size (B1) drawings 1 sets

(2) CD (all drawings, specifications, analysis and 2 sets reports)

*Submit one set (half size drawings, specifications and design calculations) to 18 CONS/LGCC and the rest to 718 CES/CEPMA directly at each design stage.

3.14 As-built Documents: The Contractor shall provide the corrected contract drawings in white paper and 2 copies of CD containing all drawings in electronic CADD and PDF and all documents in WORD or EXCEL and PDF.

3.15 Documents Required: All documents required under this Contract, including but not limited to safety hazard analysis plans, all correspondence of any nature whatsoever and all other written communications, documents, drawings, reports, and etc. of every description shall all be written in English or translated in English before being provided to the Government by the Contractor. Delays encountered due to a translated copy where not submitted shall be at the Contractor’s expense.

3.16 DD Form 1354: Contractor shall complete the DD Form 1354 for government approval.

4.0 Description of Work: The work consists of the following elements.

4.1 Architectural:

a. Remove and reinstall existing 2’ x 4’ acoustic lay-in ceiling tiles that will be affected by fire suppression and alarm system works at Room 101, 101A, TR2, 102 and other rooms as needed.

b. Remove and reinstall existing raised floor that will be affected by fire suppression and alarm system works at Room 101, 101A and TR2.

c. Replace 15% of 2’ x 4’ acoustic lay-in ceiling tiles that will be affected and damaged by fire suppression and alarm system works at Room 101, 101A and TR2.

d. Block-off wall openings with concrete and paint after removal of OA intake ductwork at Room 101.

e. Repair and repaint existing wall that will be damaged during removal and installation of fire suppression and alarm system.

4.2 Fire Suppression System:

a. Remove existing halon fire suppression system such as halon piping, valves, discharge nozzles, warning signs and all associated accessories at Room 101, 101A, TR2 and 102.

b. Provide pendent sprinkler heads and piping to extend existing wet pipe sprinkler system to Room 101, 101A and TR2. Paint new sprinkler piping.

4.3 Fire Alarm System:

a. Remove existing fire detection, alarm, notification, power and control systems related to existing halon fire suppression system such as halon control panel, smoke detectors, discharge sign light fixtures, manual deluge stations, remote annunciator panel, remote abort switches, alarm horn/bell, emergency cut off switches, conduits, wiring and all associated accessories at Room 101, 101A, TR2 and

102. Turn in the existing removed halon control panel and devices to the Government (Alarm Shop, 18 CES/CEOFA). Provide blank cover plates after removal of existing materials.

b. Provide and install new fire alarm control panel (3-zones and 1-spare zone) at the same location of existing halon control panel in Room 102, and connect this panel to the existing main fire alarm control panel. Provide supervised by-pass switches at new fire alarm control panel and existing main fire alarm control panel. Use dedicated 120V electrical power for new fire alarm control panel.

c. Provide and install new LED latching type photoelectric smoke detectors and wiring system under raised floor at Room 101, 101A and TR2, provide and install new LED latching type ionization smoke detector and wiring system at Room TR2, provide and install LED latching type photoelectric smoke detector and wiring system above new fire alarm control panel in room 102, and connect these detectors to new fire alarm control panel.

d. Provide and install new horn/strobes and wiring system at Room 101, 101A and 102, and connect to new fire alarm control panel.

e. All signaling circuit shall be class A, style 6, 2/C-#16 AWG. All notification appliance and initiating circuit shall be class A, style Z, 2/C-#14 AWG.

f. Provide 10% (minimum of one) spare for the fire alarm as notification appliance, horn/strobe, LED latching type photoelectric smoke detector.

g. All exposed conduit shall be painted to match adjacent surfaces.

4.4 Mechanical: Remove existing abandoned OA intake ductworks at Room 101.

4.5 Electrical: Remove and reinstall existing lighting fixtures, occupancy sensors and other electrical items that will be affected by removal and installation of ceiling, fire suppression and alarm system.

5.0 Government Furnished Equipment of Materials: None

6.0 Attachments:

a. Floor Plan

b. ACM/LBP Test Results

c. As-Built Drawings

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

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 = JPY82.4035 evaluation of the award. All referenced US dollar amounts in this solicitation provisions/contract clauses are modified to include "or Yen equivalent". Yen rate will be established per delivery order or task order.

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

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

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

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

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

CONST-H-7202 CONCILIATION

Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for Conciliation in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of this Treaty of

Mutual Cooperation and Security between Japan and the United States of America. Requests by the contractor for conciliation shall be made in accordance with the following procedures:

a. In the event the contractor desires conciliation after the decision of the contracting officer has been served upon him, he will first file his appeal from such findings of facts with the appropriate authority in accordance with the clause of this contract entitled “DISPUTES”, and within the time limits described therein before filing request for conciliation with the Joint Committee and then request the appellate authority under the clause of this contract entitled “DISPUTES”, to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

b. The request for conciliation will be submitted by the contractor through the nearest Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the contractor will immediately notify the contracting officer in writing that the request for conciliation has been filed.

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

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

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

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

CONST-H-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.

Section I - Contract Clauses

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

AUG 2012

52.204-13 Central Contractor Registration Maintenance DEC 2012 52.211-13 Time Extensions SEP 2000 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

JUL 2012

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 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 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-16 Progress Payments APR 2012 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 52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991 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 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-14 Suspension of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.243-5 Changes and Changed Conditions APR 1984

52.244-6 Subcontracts for Commercial Items DEC 2010 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-12 Supervision, Labor, or Materials APR 1984 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 52.249-14 Excusable Delays 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

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

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 MAY 2013 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors

Outside the United States

MAR 2006

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Alt I Transportation of Supplies by Sea(May 2002) Alternate I MAR 2000 252.247-7023 Alt III Transportation of Supplies by Sea (May 2002) Alternate III MAY 2002

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 within the number of calendar days specified in the notice to proceed. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

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

ALTERNATE I (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 within the number of calendar days specified in the notice to proceed. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 20 calendar days. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

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.

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;

or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”----------------------------

The Contractor shall insert the name of the substance(s).

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by," or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.

(c) Where "as shown," as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed".

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor.

Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor.

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

52.252-6 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 Department of Defense FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST

COUNTRY (JAN 2009)

(a) "Definitions."

As used in this provision --

(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality…