Draft_RFP_for_Market_Research.Mini-MACC.21Mar14.doc.pdf

1. Mini-Multiple Aw ard Construction Contract (Mini-MACC) is a multiple aw ard, competitive design-build and construction only Indefinite

Delivery Indefinite Quantity (IDIQ) construction based on a general statement of w ork further define w ith each individual Task Order (TO).

Work w ill consist of multiple disciplines in general construction categories for the military base facilities for USAF and the partners' units in

Okinaw a, Japan. This solicitation w ill be evaluated using Source Selection Procedures as described in Section L and M.

2. Magnitude of the individual task order (TO) ranges betw een $2,000.00 (or Yen equivalent) to $750,000.00 (or Yen equivalent). The total program value is Not-To-Exceed $96,000,000.00 (or Yen equivalent) over a six-year period w hich includes one basic year and five option years.

3. This project w ill be performed in it's entirety in the country of Japan. The offeror(s) shall have the necessary authorizations or permits to perform this contract in Japan.

4. See Section L for details pertaining to the pre-proposal conference/site visit (To be determined. This is a draft Request For Proposal)

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

KIYOSHI HIGA DSN:634-2393

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

21-Mar-2014

(RFP)

(IFB)

X

CALL:

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

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

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

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________5 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (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 _______240 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: GARY WYNDER

UNIT 5199, BLDG 95

APO AP 96368

FA5270

PAGE OF PAGES

1 OF

CODE FA5270

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

18 CONS/INFRASTRUCTURE ACQUISITION

POC: KIYOSHI HIGA

UNIT 5199, BLDG 95 KADENA AB

APO AP 96368-5199

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

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

634-7626FAX:TEL: 634-7739 TEL: 634-2393 FAX: 634-7626

FA5270-14-R-0019 71

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

FA5270-14-R-0019

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lot Mini-MACC Basic Year

FFP

Basic Year Period (one year from the date of contract award)

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of multiple disciplines in general construction categories for the military base facilities of USAF and support units in Japan.

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

This section is included for performance period only.

FOB: Destination

NET AMT

1001 Lot Mini-MACC Option Year One (1)

FFP

Option Year One (1) Period (for a period of one year subsequent to Basic Year

Completion).

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of

2001 Lot Mini-MACC Option Year Two (2)

FFP

Option Year Two (2) Period (for a period of one year subsequent to Option Year

One Completion).

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of

3001 Lot Mini-MACC Option Year Three (3)

FFP

Option Year Three (3) Period (for a period of one year subsequent to Option Year

Two Completion).

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of

4001 Lot Mini-MACC Option Year Four (4)

FFP

Option Year Four (4) Period (for a period of one year subsequent to Option Year

Three Completion).

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of

5001 Lot Mini-MACC Option Year Five (5)

FFP

Option Year Five (5) Period (for a period of one year subsequent to Option Year

Four Completion).

Mini-MACC is a multiple award, competitive Indefinite Delivery/Indefinite

Quantity (IDIQ) construction acquisition including two work elements: Design-

Build and Construction Only. Projects are based on a general statement of work further defined with each individual Task Order (TO). Work will consist of

CLAUSES INCORPORATED BY FULL TEXT

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material

Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material

Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through

(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.") ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material

Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

(End of clause)

NOTE FOR OFFERORS

NOTE

Note: Price fill-in is not required in this section. Price proposed for MACC Sample Project shall be provided using the format in Section J, Attachment 3 based on the General Provisions (Attachment 1) and the Sample Project’s

Statement of Work (Attachment 2), and submitted along with Past Performance Information and Past Performance

Questionnaires in accordance with Paragraph CONST-L-7300 in Section L.

Note: This is a draft Request For Proposal (RFP) and a sample project for price proposal is not available for this RFP.

B-1. CLAUSES AND PROVISIONS

(a)Clauses and provisions from the Federal Acquisition on Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b)Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in the consecutive order.

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

Section C - Descriptions and Specifications

DESCRIPTION AND SPECIFICATION

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

(a) The contractor shall furnish the services and supplies set forth in Section B in accordance with the General

Provisions listed in Section J, and Statement of Work, specifications and/or drawings called for by individual task order when issued.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

4001 Destination Government Destination Government

5001 Destination Government Destination Government

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

Contracting Officer's written authorization.

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

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

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

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

Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the

Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

52.246-13 INSPECTION--DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG

1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to

Government inspection at all times and places where dismantling or demolition work is being performed. The

Contractor shall furnish promptly, and at no increase in contract price all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the

Government may (1) by contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor and (2) terminate for default the Contractor's right to proceed.

The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

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

In accordance with FAR 52.211-10 the contractor is required to complete this project, ready for use, within the number of calendar days specified in the solicitation and resulting contract. To ensure adequate time to correct any deficiencies noted by the government during the final inspection, it is highly recommended that the contractor schedules such final inspection through the contract administrator at least seven (7) calendar days prior to the scheduled project completion date. The contractor is solely responsible for scheduling this inspection and is reminded that failure to complete the project ready for use in accordance with the contract terms and conditions may result in the assessment of liquidated damages as described in FAR 52.211-12, Liquidated Damages - Construction.

Occasionally, minor discrepancies may be detected during the final inspection that may be considered “punchlist” items. If only minor “punchlist” items are found, another inspection may not be required. However, all punchlist items must be corrected by the contractor, and verified by the project inspector, prior to expiration of the contract period unless otherwise authorized in writing by the contracting officer. The determination as to what constitutes a minor discrepancy rests solely with the contracting officer and nothing in this paragraph shall be construed as a waiver of the government’s rights under any clause in this contract, including the right to assess liquidated damages as may be appropriate for failure to complete the project in accordance with the terms and conditions contained therein.

(End of Clause)

CONST-E-7141 DESIGNATION OF GOVERNMENT INSPECTOR

The Base Civil Engineer or his authorized representative is designated as the representative of the contracting officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the contracting officer to commit the

Government to changes in the terms of the contract.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

5001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.211-13 Time Extensions SEP 2000

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

The Contractor shall be required to (a) commence work under this contract within (The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date) after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than.

*The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of (To be determined by each individual task order) for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

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

ORDERS (FEB 2005)

The United States Government will issue Notice to Proceed within 40 calendar days after delivery order or task order is issued.

Section G - Contract Administration Data

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 FOR AIR FORCE PROJECTS: Accounting and Finance

DFAS-JRLE/JA-JAPAN AIR FORCE

Building 4

Yokota Air Force Base

Fussa-shi

Tokyo, Japan 197-0001

PAYING OFFICE FOR ARMY PROJECTS: Accounting and Finance

DFAS-JRLF/JA JAPAN ARMY

Building 4

Yokota Air Force Base

Fussa-shi

Tokyo, Japan 197-0001

GEN-G-0001

SUBMIT INVOICES ELECTRONICALLY

Wide Area Work Flow Clause

This contract contains DFARS Clause 252.232-7003, Electronic Submission of Payment Requests. This clause requires invoices for supplies and services purchased by the DoD be submitted via electronic means. The Wide Area

Workflow (WAWF) system satisfies this mandatory requirement. WAWF can be accessed on the internet at https://wawf.eb.mil/.

Before using WAWF, ensure your company’s Electronic Business POCs listed in your 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: [……]

SERVICE ACCEPTOR: [……]

“SHIP TO” DODAAC: [……]

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

Section H - Special Contract Requirements

CONST-H-7200 U.S. DOLLAR VERSUS YEN EQUIVALENT

For the duration of this solicitation the contractor shall use the following exchange rate in determining the Yen equivalent to referenced US dollar amounts in this solicitation provisions/contract clauses $1.00 = JPY81.7098 (FY

14 exchange rate) 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-7204 PERFORMANCE BOND

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

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

(a). Pursuant to FAR Clause 52.216-18, Ordering, the following activity is the only office authorized to order any supplies and services to be furnished under this contract:

18th Contracting Squadron

Unit 5199, Bldg. 95

APO AP 96368-5199

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

(c). Pursuant to FAR Clause 52.216-22, INDEFINITE QUANTITY, 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 or services specified in the schedule are estimates only and are not purchased by this contract.

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.

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.

TASK ORDER PROCEDURE

A. PROPOSAL PREPARATION COSTS: The costs for preparation of Task Order proposals shall be the responsibility of the contractor and are not directly reimbursable. Each Task Order awarded will include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated with any required design effort. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task Order.

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

C. TASK ORDER PERFORMANCE PERIOD: FAR Clause 52.211-10, Commencement, Prosecution and Completion of

Work will be incorporated into each Task Order identifying the construction schedule. The Government reserves the right to negotiate a performance period or impose a performance period for each Task Order.

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

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

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

G. PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE: Prior to commencing work under a Task Order, the

Contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.

H. PARTNERING: Partnering is a structured process, as well as philosophy of doing business with contractors and customers, that recognizes common goals through communication and teamwork. It helps create an environment where trust and teamwork prevents disputes, fosters good working relationships to everyone’s benefit, and facilitates the completion of a successful contract.

The contractor’s key personnel may be required to attend formal partnering meetings for the basic contract at the expense of the contractor. In addition, formal partnering may be required prior to and/or during performance of an individual Task Order, if determined necessary by the Government. Partnering shall be held during normal work hours.

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

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

J. TASK ORDER ISSUANCE PROCEDURES:

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

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

3. The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed

Task Orders.

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

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

5. Task Order projects may be non-complex performance oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof. The Task Order may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals. Reference contract Attachment 1, MACC Construction Specifications, Section 01 01 00, General Requirements for details on Work

Element No. 1 (Design-Build) and Work Element No. 2 (Construction Only).

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

(SF) 30 and cite the Task Order Number.

7. Task Orders shall be issued by Contracting Officers assigned to18th Contracting Squadron or delegated to requisite

Contracting Officers with other Air Force Base within Japan.

K. COMPETITION

1. Only the contractors awarded contracts as a result of this Mini-MACC RFP will compete for subsequent Task Orders.

These contractors are encouraged to participate in all site visits and submit proposals. Failure by offerors to participate responsibly in site visits and submit proposals may result in the Government not exercising the option to extend the contract or exclusion of the contractor from further competition. Occasionally, (generally during the last quarter of the fiscal year, July through September), the government will solicit offers for projects for which funds are not certified or readily available. In the

Pacific Air Force, these acquisitions as generally referred to a “Straddle B projects.” The contracting officer may solicit offers from Mini-MACC awardees. Submission of proposals for these acquisitions is at the sole discretion of the respective Mini-MACC awardees and their declination to participate in any or all such Straddle B solicitations will not reflect negatively upon them.

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

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

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

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

(i) DESCRIPTION OF SUBSEQUENT TASK ORDERS: Task Orders will range from $2,000 (or Yen equivalent) to $750,000 (or Yen equivalent), with most Task Orders falling in the range of $150,000 (or Yen equivalent) to $500,000 (or Yen equivalent). Task Order projects may require either a single discipline or multi-disciplined design services for all aspects of general building construction for new, renovation and addition type projects. Projects may also require comprehensive interior design, lead and asbestos abatement and incorporation of sustainable features. Some projects may require only minimal design or no design.

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

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

(b) Quality of Deliverables

(c) Ability to Meet Schedule Requirements

(d) Relevant Experience

(e) Price Control

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

(g) Current workload

(h) Design

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

(j) The most efficient plan to accomplish the work

(k) Rationale for proposed materials, type and quantities

(l) Sustainable design features

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

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

NAFI projects.

MINI-MACC TO PROCEDURE

ADDITIONAL MINI-MACC TASK ORDER PROCEDURES

This contract provides for the issuance of Task Orders on a negotiated basis as follows:

a. General

Only the Contracting Officer (CO) may issue Task Orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Statement of Work.

Unless specifically authorized by the Contracting Officer during an emergency requirement, the Contractor shall not commence work until a fully executed Task Order has been awarded.

No other costs are authorized unless otherwise specified in the contract or expressly authorized by the

Contracting Officer.

b. Requesting Task Order Proposals.

A Task Order Request for Proposals (TORFP) will be prepared and issued for each task order requirement by the CO.

Generally, the TORFP will include, but is not limited to, the following:

1. Statement of Work;

2. Reporting Requirements and Deliverables (if applicable);

3. Proposal Due Date and how to submit Proposals;

4. Period of Performance of Task Order;

5. Evaluation Factors for Award

All contract clauses contained in this contract shall be incorporated in the TORFP and the resultant task order. If conflicts exist between the contract clauses and the information outlined in the task order, the contract language takes precedence over the information in the task order.

Contractors are not required to propose on all TORFPs. Those eligible Contractors that decide not to submit a proposal shall advise the Contracting Officer, in writing, of their intention not to submit a proposal on or before the closing date and time established in the TORFP. An election not to propose on a given TORFP will not negatively affect or prohibit a Contractor from competing on future TORFPs.

c. Competitive Ordering Process.

1. All Contractors will receive e-mail notification advising of the availability of each proposed task order requirement. All proposed task orders will incorporate all terms of this contract unless otherwise specified in the proposed task order.

2. Price will be an evaluation criteria in all task orders. The Contractor will provide their best price for the individual task order in their initial proposal. There are no pre-established labor rates, etc. included within the contract. The Contractor will utilize the Task Order Pricing Template when providing their price for each individual task order. The Government will provide a Task Order Pricing Template for each task order with the TORFP filled in with the categories of work that are anticipated. If the Contractor identifies other categories of work that were not identified (other than administrative), the Contractor shall request clarification from the Government prior to submitting a proposal. If the category of work is to be subcontracted, the Contractor may be required to provide back-up documentation for that work. The back-up documentation will be the multiple quotations received by the offeror, or an explanation as to why there were not multiple quotations received. The Contractor is not required to provide the backup documentation for subcontractors unless it is requested by the Government during negotiations. (this evaluation criteria is applicable to all task orders).

3. The Government may include evaluation criteria in the TORFP other than price and past performance, the following includes a list of potential evaluation criteria (this list is not all encompassing):

• Contractor performance on prior task orders to include:

• Maintain adequate control over subcontractors;

• Problem identification and resolution;

• Adherence to Quality Control Plan;

• Quality of work;

• Cost control;

• Construction narrative

• Customer satisfaction

• Specific technical and/or management capabilities

• Ability to meet government’s requested schedule

• Cost

d. Evaluation and Award of Task Order Proposals

The Government will evaluate the Task Order proposals against the requirements of the TORFP.

Specifically, price, past performance on previous task orders, and any other factors specifically identified in the TORFP will be used for evaluation of each proposal. In addition, the TORFP will identify the basis for selecting a contractor for award. Generally, price will be more important than past performance. However, each TORFP will specify how the award decision will be made.

Upon completion of evaluations, the Contracting Officer will issue a task order to the Contractor whose proposal is most advantageous to the government in accordance with the TORFP. The Contracting Officer will notify all Mini-MACC contractors of the selection decision in writing.

e. Fair Opportunity

1. In accordance with FAR 16.505(b)(1)(i), each awardee will be given a fair opportunity to be considered for each order issued over $3,000 unless the following exception(s) apply:

a. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

i. Initial means of rotational selection will be performed by randomly drawn lot. In subsequent urgent requirements, the order of rotation will be maintained; however, the government reserves the right to apply some or all of the criteria in paragraph (c)3 above in the rotation and may exclude those contractors who do not meet the consideration(s) factors.

b. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

c. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

d. It is necessary to place an order to satisfy a minimum…