Amendment_0003 _Revise_Attach_2_ _FAR_52.212-4.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

Amendment is issued to revise Attachment 2 Price Exhibit and revise Addendum to FAR Clause FAR 52.212-4.

See attached "Summary of Changes" and revised Attachment 2, Price Exhibit.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

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

16C. DATE SIGNED

BY 31-Jul-2014

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 FA5270-14-R-0001

X 9B. DATED (SEE ITEM 11)

07-Jul-2014

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 is extended, X 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 1 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

31-Jul-2014

CODE

18 CONS/LGCA

POC: RIEKO TOMA

UNIT 5199, BLDG 99 KADENA AB

APO AP 96368-5199

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

FA5270-14-R-0001

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:

PURPOSE OF AMENDMENT

Amendment is issued to revise Attachment 2 Price Exhibit and revise Addendum to FAR 52.212-4, Contract Terms and Conditions – Commercial Items.

Closing date 05 August 2014, 11:00 A.M., Tuesday, JAPAN STANDARD TIME (JST), remains the same.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

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

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:

(v) ORDERING (IAW DFARS 252.216-7006)

(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 from 01 Oct 2014 through 30 Sep 2017.

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

(c)(1) If issued electronically, the order is considered “issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

(w) 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 --

(w)(ii)(a) Any order for a single item in excess of estimated quantity specified for the item being ordered;

(w)(ii)(b) Any order for a combination of items in excess of the total estimated amount for each year; or

(w)(ii)(c) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (a) or (b) above.

(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) above.

(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.

(x) Indefinite Quantity Minimum and Maximum

(i): The government contemplates award of a single Indefinite-Delivery Indefinite-Quantity (IDIQ) type contract resulting from this solicitation. In accordance with FAR52.212-2(a)(i), offerors are required to enter all prices for all items in the Schedule and Pricing Exhibits.

(ii) Indefinite-Delivery Indefinite-Quantity (IDIQ) Contract Minimum and Maximum Value Referenced FAR clause, 52.216-22 (Indefinite Quantity), the following minimum and maximums are provided for the purpose of paragraph

(b) of the clause:

(v)(ii)(a) The minimum amount for the life of the contract including options is ¥207,000 ($2,000.00 per FY14 Budget Exchange Rate @ $1.00=¥103.9439). The Government will obligate the minimum guarantee at the time of awarding the basic contract, by issuing a task order with value of which is equal to or greater than the minimum guarantee.

(v)(ii)(b) The maximum value for the life of the contract including options is ¥363,800,000 ($3,500,000.00 per FY14 Budget Exchange Rate @ $1.00=¥103.9439).

(y) 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 30 Sep 2017.

(End of clause)

(z) 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 no later than 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 thirty-six (36) months.

(aa) 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". 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: 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: tracey.hollingsworth@us.af.mil CONTRACT ADMINISTRATOR: rieko.toma.jp@us.af.mil

(ab) 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.

(ac) WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984) (IAW 52.228-3)

The Contractor shall (a) provide, before commencing performance under this contract, such workers' compensation insurance or security as the Defense Base Act (42 U.S.C. 1651, et seq.) requires and (b) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act applies, a clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense Base Act.

(ad) AVAILABILITY OF FUNDS (IAW FAR 52.232-18)

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

(ae) SERVICE OF PROTEST (IAW FAR 52.233-2)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the 18th Contracting Squadron, Unit 5199, APO AP 96368.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

(af) COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (IAW FAR 252.222-7002)

(a) The Contractor shall comply with all—

(1) Local laws, regulations, and labor union agreements governing work hours; and

(2) Labor regulations including collective bargaining agreements, workers' compensation, working conditions, fringe benefits, and labor standards or labor contract matters.

(b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract.

(c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting officer.

(ag) CORRESPONDENCE IN ENGLISH (DFARS 252.225-7041)

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

(ah) ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE

UNITED STATES (DFARS 252.225-7043)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(ai) UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (DFARS 252.226-7001)

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

Indian means--

(1) Any person who is a member of any Indian tribe, band, group, pueblo, or community that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C.

1452(c); and

(2) Any ``Native'' as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

Indian organization means the governing body of any Indian tribe or entity established or recognized by the governing body of an Indian tribe for the purposes of 25 U.S.C. chapter 17.

Indian-owned economic enterprise means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership constitutes not less than 51 percent of the enterprise.

Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, that is recognized by the Federal Government as eligible for services from BIA in accordance with 25 U.S.C. 1452(c).

Interested party means a contractor or an actual or prospective offeror whose direct economic interest would be affected by the award of a subcontract or by the failure to award a subcontract.

Native Hawaiian small business concern means an entity that is--

(1) A small business concern as defined in section 3 of the Small Business Act (15 U.S.C. 632) and relevant implementing regulations; and

(2) Owned and controlled by a Native Hawaiian as defined in 25 U.S.C. 4221(9).

(b) The Contractor shall use its best efforts to give Indian organizations, Indian-owned economic enterprises, and Native Hawaiian small business concerns the maximum practicable opportunity to participate in the subcontracts it awards, to the fullest extent consistent with efficient performance of the contract.

(c) The Contracting Officer and the Contractor, acting in good faith, may rely on the representation of an Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern as to its eligibility, unless an interested party challenges its status or the Contracting Officer has independent reason to question that status.

(d) In the event of a challenge to the representation of a subcontractor, the Contracting Officer will refer the matter to--

(1) For matters relating to Indian organizations or Indian-owned economic enterprises: U.S. Department of the Interior, Bureau of Indian Affairs, Attn: Chief, Division of Contracting and Grants Administration, 1849 C Street NW, MS-2626-MIB, Washington, DC 20240-4000. The BIA will determine the eligibility and will notify the Contracting Officer.

(2) For matters relating to Native Hawaiian small business concerns: Department of Hawaiian Home Lands, PO Box 1879, Honolulu, HI 96805. The Department of Hawaiian Home Lands will determine the eligibility and will notify the Contracting Officer.

(e) No incentive payment will be made--

(1) While a challenge is pending; or

(2) If a subcontractor is determined to be an ineligible participant.

(f)(1) The Contractor, on its own behalf or on behalf of a subcontractor at any tier, may request an incentive payment in accordance with this clause.

(2) The incentive amount that may be requested is 5 percent of the estimated cost, target cost, or fixed price included in the subcontract at the time of award to the Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern.

(3) In the case of a subcontract for commercial items, the Contractor may receive an incentive payment only if the subcontracted items are produced or manufactured in whole or in part by an Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern.

(4) The Contractor has the burden of proving the amount claimed and shall assert its request for an incentive payment prior to completion of contract performance.

(5) The Contracting Officer, subject to the terms and conditions of the contract and the availability of funds, will authorize an incentive payment of 5 percent of the estimated cost, target cost, or fixed price included in the subcontract awarded to the Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern.

(6) If the Contractor requests and receives an incentive payment on behalf of a subcontractor, the Contractor is obligated to pay the subcontractor the incentive amount.

(g) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts exceeding $500,000.

(aj) ASSIGNMENT OF CLAIMS (OVERSEAS) (IAW DFARS 252.232-7008)

(a) No claims for monies due, or to become due, shall be assigned by the Contractor unless—

(1) Approved in writing by the Contracting Officer;

(2) Made in accordance with the laws and regulations of the United States of America; and

(3) Permitted by the laws and regulations of the Contractor's country.

(b) In no event shall copies of this contract of any plans, specifications, or other similar documents relating to work under this contract, if marked “Top Secret,” “Secret,” or “Confidential” be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive such documents. However, a copy of any part or all of this contract so marked may be furnished, or any information contained herein may be disclosed, to such assignee upon the Contracting Officer's prior written authorization.

(c) Any assignment under this contract shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing. On each invoice or voucher submitted for payment under this contract to which any assignment applies, and for which direct payment thereof is to be made to an assignee, the Contractor shall—

(1) Identify the assignee by name and complete address; and

(2) Acknowledge the validity of the assignment and the right of the named assignee to receive payment in the amount invoiced or vouchered.

(ak) CHOICE OF LAW (OVERSEAS) (IAW DFARS 252.233-7001 )

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

(al) INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (IAW FAR 52.225-14)

In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.

(am) CONTRACTING OFFICER'S REPRESENTATIVE (IAW DFARS 252.201-7000)

(i) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(ii) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(an) OMBUDSMAN (IAW AFFARS 5352.201-9101)

(i) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(ii) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(iii) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, Chief Gene Eastman (gene.eastman@us.af.mil, 449-8569).

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431.

(iv) The ombudsman has no authority to render a decision that binds the agency.

(v) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(ao) CONCILIATION (AUG 2001)

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 the 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 fact with the appropriate authority in accordance with the clause of this contract entitled “Disputes” , and within the time limits described therein before filing a 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 shall 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 shall 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 pendency 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.

(f) 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 the 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 a civil suit.

(ap) Contractor Access to Air Force Installations (IAW 5352.242-9000)

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUGUST 2007)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(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 below;

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

–COMMERCIAL ITEMS)

(End of Summary of Changes)