Attachment_3-OCR.pdf

Solicitation No. FA5270-17-R-0007

ATTACHMENT-3

OTHER CONTRACT REQUIREMENTS

OTHER CONTRACT REQUIREMENTS:

OCR 1- PRE-FINAL AND FINAL INSPECTION

In accordance with FAR 52.211-10 (Apr 1984) the contractor is required to complete this project, ready for use, within the number of calendar days specified in the Task Order. To ensure adequate time to correct any deficiencies noted by the government during the final inspection, it is highly recommended that the contractor schedules such final inspection through the contract administrator at least seven (7) calendar days prior to the scheduled 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 (Sept 2000), 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.

OCR 2- 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.

OCR 3- ISSUANCE OF NOTICE TO PROCEED

The United States Government will issue Notice to Proceed within 40 calendar days after contract award.

OCR 4- 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).

OCR 5- 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 = JPY ¥122.4519 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.

OCR 6- 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 for automobile property damage

JPY30,000,000 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.

OCR 7- 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.

OCR 8- PERFORMANCE BOND

A performance bond in the penal amount of one hundred percent (100%) for each task order of $150,000 or greater

(or Yen equivalent) price shall be submitted within 15 calendar days after the task order is issued or prior to the receipt of the notice to proceed whichever comes first.

OCR 9- BASE DEFENSE ACT/WORKMAN’S COMPENSATION/WORK ON AN OVERSEAS

INSTALLATION

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 if to contractor personnel who are a citizen of the United States, a lawful resident of the United States, or was hired in the

United States. The Defense Base Act also applies to persons not covered by the laws of Japan related to compulsory employee provided accidental injuries, illnesses and deaths or otherwise covered by the Defense Base Act under US

Department of Labor Waiver No. 2016-2 under section 1651(e) of the Defense Base Act. To the extent that the

Defense Base Act has been waived, FAR 52.228-4 applies. One or both clauses may apply to the contractor.

OCR 10- 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 __________________ _________________

OCR 11- 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 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 OCR-10, entitled, “EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF

FORCES AGREEMENT”.

OCR 12- JAPANESE ROAD LAWS

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.

OCR 13- REGISTRATION OF MOTOR VEHICLES

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.

OCR 14- MAGNITUDE OF CONSTRUCTION PROJECTS

The magnitude of the estimate for this project is between $10,000,000 and $25,000,000.

OCR 15- CONTRACT PERFORMANCE IN JAPAN

This project will be performed in its entirety in the country of Japan. The successful offerors must be registered to do business in Japan and possess a construction license (Kensetsu-Gyo Kyokasho) issued by the Ministry of Land, Infrastructure and Transport, or prefectural government.

OCR 16- ADDITIONAL INFORMATION CONCERNING THE ACQUISITION OF INQUIRY OF DUNS

NUMBERS IN JAPAN

Contractors need to be aware that the Japanese Dun and Bradstreet will assess a fee for Duns Number inquiry or obtaining a new assignment effective 1 April 03.

For more information see the following Web site: http://www.dnb.co.jp or send an e-mail to: jp-gunsrequest@dnb.com http://www.dnb.co.jp/ mailto:jp-gunsrequest@dnb.com