M67854-17-R-7800.pdf

CODE

(Hour)

PAGE(S)

until 12:00 PM local time 10 Apr 2017

X

A X B X C X D

EX

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G F 80

81 - 86 X H 87 - 91

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 91

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

M67854 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 5 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

3039 Technology Parkway conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME (NO COLLECT

CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 30

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

33 - 34 35 - 40

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 41 - 44 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

45 - 53 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

54 - 78

PART II - CONTRACT CLAUSES

PM TRASYS

PROGRAM MANAGER, TRAINING SYSTEMS

12211 SCIENCE DRIVE

ORLANDO FL 32826-3224

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

06 Mar 2017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

M67854-17-R-7800

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Months Mobilization

FFP

FOB: Destination

NET AMT

0002 11 Months UET Training

FFP

UET Training - Camp Pendleton, CA

0003 11 Months UET Training

FFP

UET Training - Camp Hansen, Okinawa, Japan

0004 11 Months UET Training

FFP

UET Training - Kaneohe Bay, HI

0005 11 Months UET Training

FFP

UET Training - Camp Lejeune, NC

0006 11 Months Maintenance

FFP

Maintenance - Camp Pendleton, CA

0007 11 Months Maintenance

FFP

Maintenance - Camp Hansen, Okinawa, Japan

0008 11 Months Maintenance

FFP

Maintenance - Kaneohe Bay, HI

0009 11 Months Maintenance

FFP

Maintenance - Camp Lejeune, NC

0010 11 Months IPHABD/SEA Repair and Refurbishment

FFP

Intermediate Passenger Helicopter Aircrew Breathing Device/Survival Egress Air (IPHABD/SEA) Repair and Refurbishment - Camp Pendleton, CA

0011 11 Months IPHABD/SEA Repair and Refurbishment

FFP

IPHABD/SEA Repair and Refurbishment - Camp Hansen, Okinawa, JA

0012 11 Months IPHABD/SEA Repair and Refurbishment

FFP

IPHABD/SEA Repair and Refurbishment - Kaneohe Bay, HI

0013 11 Months IPHABD/SEA Repair and Refurbishment

FFP

IPHABD/SEA Repair and Refurbishment - Camp Lejeune, NC

0014 1 Lot HVAC Repair by Replacement

FFP

Heating Ventilation and Air Conditioning (HVAC) Repair by Replacement. Not to exceed $75,000.

0015 1 Lot Base Year CDRLs

0016 Lot Program Management Review (PMR) Travel

COST

Program Management Review Travel Cost plus G&A twice per year. Not to exceed $16,196.

ESTIMATED COST

0017 1 Lot Surge Support

FFP

Not to exceed $100,000.

0018 Lot Consumables

COST

Cost plus G&A. Not to exceed $10,000.

1002 12 Months OPTION UET Training

FFP

1003 12 Months OPTION UET Training

FFP

1004 12 Months OPTION UET Training

FFP

1005 12 Months OPTION UET Training

FFP

1006 12 Months OPTION Maintenance

FFP

1007 12 Months OPTION Maintenance

FFP

1008 12 Months OPTION Maintenance

FFP

1009 12 Months OPTION Maintenance

FFP

1010 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

IPHABD/SEA Repair and Refurbishment - Camp Pendleton, CA

1011 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

1012 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

1013 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

1014 1 Lot OPTION HVAC Repair by Replacement

FFP

Heating Ventilation and Air Conditioning (HVAC) Repair by Replacement. Not to

1015 1 Lot OPTION Option Year One CDRLs

1016 Lot OPTION Program Management Review

COST

Program Management Review Travel Cost plus G&A twice per year. Not to exceed $16,474.

1017 1 Lot OPTION Surge Support

FFP

1018 Lot OPTION Consumables

COST

Cost plus G&A. Not to exceed $10,000

2002 12 Months OPTION UET Training

FFP

2003 12 Months OPTION UET Training

FFP

UET Training - Camp Hansen, Okinawa, JA

2004 12 Months OPTION UET Training

FFP

2005 12 Months OPTION UET Training

FFP

2006 12 Months OPTION Maintenance

FFP

2007 12 Months OPTION Maintenance

FFP

2008 12 Months OPTION Maintenance

FFP

2009 12 Months OPTION Maintenance

FFP

2010 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

2011 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

2012 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

2013 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

2014 1 Lot OPTION HVAC Repair by Replacement

FFP

Heating Ventilation and Air Conditioning (HVAC) Repair by Replacement. Not to

2015 1 Lot OPTION Option Year Two CDRLs

2016 Lot OPTION Program Management Review

COST

Program Management Review Travel Cost plus G&A twice per year. Not to exceed $16,779.

2017 1 Lot OPTION Surge Support

FFP

2018 Lot OPTION Consumables

COST

3002 12 Months OPTION UET Training

FFP

3003 12 Months OPTION UET Training

FFP

3004 12 Months OPTION UET Training

FFP

3005 12 Months OPTION UET Training

FFP

3006 12 Months OPTION Maintenance

FFP

3007 12 Months OPTION Maintenance

FFP

3008 12 Months OPTION Maintenance

FFP

3009 12 Months OPTION Maintenance

FFP

3010 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

3011 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

IPHABD/SEA Repair and Refurbishment - Camp Hansen, Okinawa, Japan

3012 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

3013 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

3014 1 Lot OPTION HVAC Repair by Replacement

FFP

Heating, Ventilation and Air Conditioning (HVAC) Repair by Replacement. Not to

3015 1 Lot OPTION CDRLs

FFP

Option Year Three CDRLs

3016 Lot OPTION Program Management Review

COST

Program Management Review (PMR) Travel Cost plus G&A twice per year. Not to exceed $17,095.

3017 1 Lot OPTION Surge Support

FFP

3018 Lot OPTION Consumables

COST

4002 12 Months OPTION UET Training

FFP

4003 12 Months OPTION UET Training

FFP

4004 12 Months OPTION UET Training

FFP

4005 12 Months OPTION UET Training

FFP

4006 12 Months OPTION Maintenance

FFP

4007 12 Months OPTION Maintenance

FFP

4008 12 Months OPTION Maintenance

FFP

4009 12 Months OPTION Maintenance

FFP

4010 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

4011 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

IPHABD/SEA Repair and Refurbishment - Camp Hansen, Okinawa, Japan

4012 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

4013 12 Months OPTION IPHABD/SEA Repair and Refurbishment

FFP

4014 1 Lot OPTION (HVAC) Repair by Replacement

FFP

Heating, Ventilation and Air Conditioning (HVAC) Repair by Replacement. Not to

4015 1 Lot OPTION CDRLs

FFP

Option Year Four CDRLS

4016 Lot OPTION Program Management Review

COST

Program Management Review (PMR) Travel Cost plus G&A twice per year. Not to exceed $17,425.

4017 1 Lot OPTION Surge Support

FFP

4018 Lot OPTION Consumables

COST

Section C - Descriptions and Specifications

All efforts shall be performed in accordance with the attached Performance Work Statement (PWS).

The Contractor’s Technical Proposal(s) and any amendments/addendums thereof, is incorporated herein by reference, unless otherwise specified, with the same force and effects as if set forth in full text. Nothing in the Contractor’s proposal shall constitute a waiver of any of the provisions of the contract, including the PWS. The contractor’s proposal shall take precedence over the PWS ONLY where it exceeds a requirement of the PWS or a requirement found elsewhere in this contract The contractor shall furnish all labor, supplies and services in order to adequately meet the requirement.

Section D - Packaging and Marking

All shipments shall be packaged and marked IAW Best Commercial Practices.

Section E - Inspection and Acceptance

Inspection and Acceptance for this task order shall be conducted by the Government at Destination.

The following FAR clauses are hereby incorporated by reference into this task order:

FAR 52.246-2, “Inspection of Supplies – Fixed Price” (AUG 1996).

FAR 52.246-4, “Inspection of Services – Fixed Price” (AUG 1996).

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 1009 Destination Government Destination Government 1010 Destination Government Destination Government 1011 Destination Government Destination Government 1012 Destination Government Destination Government 1013 Destination Government Destination Government 1014 Destination Government Destination Government 1015 Destination Government Destination Government 1016 Destination Government Destination Government

1017 Destination Government Destination Government 1018 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 2009 Destination Government Destination Government 2010 Destination Government Destination Government 2011 Destination Government Destination Government 2012 Destination Government Destination Government 2013 Destination Government Destination Government 2014 Destination Government Destination Government 2015 Destination Government Destination Government 2016 Destination Government Destination Government 2017 Destination Government Destination Government 2018 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government 3009 Destination Government Destination Government 3010 Destination Government Destination Government 3011 Destination Government Destination Government 3012 Destination Government Destination Government 3013 Destination Government Destination Government 3014 Destination Government Destination Government 3015 Destination Government Destination Government 3016 Destination Government Destination Government 3017 Destination Government Destination Government 3018 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government 4008 Destination Government Destination Government 4009 Destination Government Destination Government 4010 Destination Government Destination Government 4011 Destination Government Destination Government 4012 Destination Government Destination Government 4013 Destination Government Destination Government 4014 Destination Government Destination Government 4015 Destination Government Destination Government 4016 Destination Government Destination Government 4017 Destination Government Destination Government 4018 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2017 TO

30-JUN-2017

N/A N/A

0002 POP 01-JUL-2017 TO

31-MAY-2018

0003 POP 01-JUL-2017 TO

0004 POP 01-JUL-2017 TO

0005 POP 01-JUL-2017 TO

0006 POP 01-JUL-2017 TO

0007 POP 01-JUL-2017 TO

0008 POP 01-JUL-2017 TO

0009 POP 01-JUL-2017 TO

0010 POP 01-JUL-2017 TO

0011 POP 01-JUL-2017 TO

0012 POP 01-JUL-2017 TO

0013 POP 01-JUL-2017 TO

0014 POP 01-JUL-2017 TO

0015 POP 01-JUL-2017 TO

0016 POP 01-JUL-2017 TO

0017 POP 01-JUL-2017 TO

0018 POP 01-JUL-2017 TO

1002 POP 01-JUN-2018 TO

31-MAY-2019

1003 POP 01-JUN-2018 TO

1004 POP 01-JUN-2018 TO

1005 POP 01-JUN-2018 TO

1006 POP 01-JUN-2018 TO

1007 POP 01-JUN-2018 TO

1008 POP 01-JUN-2018 TO

1009 POP 01-JUN-2018 TO

1010 POP 01-JUN-2018 TO

1011 POP 01-JUN-2018 TO

1012 POP 01-JUN-2018 TO

1013 POP 01-JUN-2018 TO

1014 POP 01-JUN-2018 TO

1015 POP 01-JUN-2018 TO

1016 POP 01-JUN-2018 TO

1017 POP 01-JUN-2018 TO

1018 POP 01-JUL-2017 TO

2002 POP 01-JUN-2019 TO

31-MAY-2020

2003 POP 01-JUN-2019 TO

2004 POP 01-JUN-2019 TO

2005 POP 01-JUN-2019 TO

2006 POP 01-JUN-2019 TO

2007 POP 01-JUN-2019 TO

2008 POP 01-JUN-2019 TO

2009 POP 01-JUN-2019 TO

2010 POP 01-JUN-2019 TO

2011 POP 01-JUN-2019 TO

2012 POP 01-JUN-2019 TO

2013 POP 01-JUN-2019 TO

2014 POP 01-JUN-2019 TO

2015 POP 01-JUN-2019 TO

2016 POP 01-JUN-2019 TO

2017 POP 01-JUN-2019 TO

2018 POP 01-JUN-2019 TO

3002 POP 01-JUN-2020 TO

31-MAY-2021

3003 POP 01-JUN-2020 TO

3004 POP 01-JUN-2020 TO

3005 POP 01-JUN-2020 TO

3006 POP 01-JUN-2020 TO

3007 POP 01-JUN-2020 TO

3008 POP 01-JUN-2020 TO

3009 POP 01-JUN-2020 TO

3010 POP 01-JUN-2020 TO

3011 POP 01-JUN-2020 TO

3012 POP 01-JUN-2020 TO

3013 POP 01-JUN-2020 TO

3014 POP 01-JUN-2020 TO

3015 POP 01-JUN-2020 TO

3016 POP 01-JUN-2020 TO

3017 POP 01-JUN-2020 TO

3018 POP 01-JUN-2020 TO

4002 POP 01-JUN-2021 TO

31-MAY-2022

4003 POP 01-JUN-2021 TO

4004 POP 01-JUN-2021 TO

4005 POP 01-JUN-2021 TO

4006 POP 01-JUN-2021 TO

4007 POP 01-JUN-2021 TO

4008 POP 01-JUN-2021 TO

4009 POP 01-JUN-2021 TO

4010 POP 01-JUN-2021 TO

4011 POP 01-JUN-2021 TO

4012 POP 01-JUN-2021 TO

4013 POP 01-JUN-2021 TO

4014 POP 01-JUN-2021 TO

4015 POP 01-JUN-2021 TO

4016 POP 01-JUN-2021 TO

4017 POP 01-JUN-2021 TO

4018 POP 01-JUN-2021 TO

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

G.1 Contracting Officer’s Representative (COR)

The Contracting Officer has designated a Contracting Officer’s Representative in accordance with DFARS 201.602- 2(2). The COR is not authorized to negotiate changes, direct the contractor, or obligate the Government.

The COR for this task order is:

Robyn Ingerham 12211 Science Drive Orlando, FL 32826-3275

(407) 381-8731

All Contract Data Requirements List (CDRL) deliverables are to be submitted to the COR, and the COR is responsible for tracking and acceptance.

G.2 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract or delivery order will constitute a change under the "Changes" clause of this contract.

(b) The Contractor will not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The name, telephone numbers and electronic mail addresses of the Contracting Officer is:

Mr. Edward McGrail

MARCORSYSCOM/ PMTRASYS

12211 Science Drive Orlando, FL 32826-3275 407-380-8763 edward.mcgrail@usmc.mil

G. 3 Identification of Contractor Employees

Contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence. Email signature blocks must identify status as a contractor.

mailto:edward.mcgrail@usmc.mil

G.4 Contractor Support Public Trust Determinations

Per Marine Corps Systems Command Policy Letter 1-09, all Contractor support that require a CAC are required to submit a Standard Form 85P, "Questionnaire for Public Trust Positions," and two copies of DD Form 258 "Applicant Fingerprint Card" to the Command's Security Program office along with a personnel roster of submissions and an addressed Federal Express container addressed to OPM, 1137 Branchton Road, Box 618, Boyers, PA 16018.

The Contractor is responsible for determining when adjudications have been entered by reviewing the notification status of their respective personnel. Once this has been completed, the Contractor may request the issuance of the CAC using the Contract Verification System (CVS) procedures. However, if issues are discovered, the Department of the Navy, Central Adjudication Facility (DONCAF) will place a "No Determination Made" in the Joint Personnel Adjudication System (JPAS) and forward the investigation to the submitting office for the Government to adjudicate. A delay in obtaining a CAC is not excusable for non-performance.

G.5 Post Award Conference

Within 30 days of the start of performance, the awardee shall organize a Post Award Conference to be attended by the Contracting Officer, COR and contractor personnel to reconcile performance requirements including: detailed WBS, 30-day staffing plan, use of team members/subcontractors, security requirements, funding and management of funds.

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Invoice 2 in 1

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Inspection: DESTINATION Acceptance: DESTINATION

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC M67443 Issue By DoDAAC M67854 Admin DoDAAC M67854 Inspect By DoDAAC M67854 Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) M67854 Service Acceptor (DoDAAC) M67854/EXT TRSY Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Robyn.ingerham@usmc.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Robyn.ingerham@usmc.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

Section H - Special Contract Requirements

Contract Performance in Japan.

I. General.

(a) The Status of Forces Agreement between the United States and Japan (SOFA) governs the rights and obligations of the United States armed forces in Japan. Unless a contractor is present in Japan solely to perform under a contract with the United States for the sole benefit of the United States armed forces in Japan and is accorded privileges under SOFA Article XIV, it and its employees shall be subject to all the laws and regulations of Japan except as set out in the section below regarding Article I(b). Contractors and contractor employees accorded privileges under SOFA Article XIV remain subject to all the laws and regulations of Japan unless expressly exempted by the SOFA.

Certain contractor employees and their dependents not accorded privileges under SOFA Article XIV may be accorded privileges under SOFA Article I(b). Such contractor employees and their dependents remain subject to all the laws and regulations of Japan unless expressly exempted by the SOFA. Dependents of contractors or of contractor employees who receive SOFA Article XIV status do not receive SOFA status under SOFA Article XIV or SOFA Article I(b) based on their status as dependents.

(b) The language in this paper is derived primarily from the SOFA. Language used in the SOFA reflects agreements between the governments of the United States and Japan and does not necessarily have the same or even similar meaning as the same or similar language used in Federal procurement regulations. (For example, in the context of the SOFA, and as used in this paper, “open and competitive bidding,” generally means “open and competitive bidding between local sources in Japan,” as opposed to “full and open competition,” as used in FAR Part 206.) Commander, United States Forces, Japan is primarily responsible for interpreting the SOFA and local law for U.S. Forces in Japan, to include determining the applicability of Article I(b) or Article XIV to a specific U.S.

forces requirement in Japan.

II. SOFA Article XIV.

(a) Designation. Designation under SOFA Article XIV shall be made upon consultation with the Government of Japan and shall be restricted to cases where open competitive bidding is not practicable due to:

(1) security considerations;

(2) the technical qualification of the contractors involved;

(3) the unavailability of materials or services required by United States standards; or,

(4) limitations of United States law.

Persons, including corporations organized under the laws of the United States, and their employees who are ordinarily resident in the United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces may acquire privileged status under SOFA Article XIV. Such contractors and contractor employees are eligible for agency privileges and benefits under the SOFA but otherwise remain subject to the laws and regulations of Japan. Dependents of contractors or of contractor employees who receive SOFA Article XIV status do not receive SOFA status under SOFA Article XIV or SOFA Article I(b) based on their status as dependents.

(b) SOFA Article XIV procedures.

(1) Formal application for SOFA Article XIV status shall be made to HQ USFJ only after the contract has been awarded and the contractor’s place of operation in Japan has been determined.

Procuring agencies should not sign a contract specifying that SOFA Article XIV status will be furnished in Japan unless or until the contractor has been designated under Article XIV. Such designation is granted only through the agreement of the United States and Japan.

(2) A contractor seeking SOFA Article XIV status for itself and its employees shall submit the following to the Contracting Officer with its offer:

(i) Proof that the contractor is a person ordinarily resident in the United States or a corporation organized under the laws of the United States or any state thereof and that its presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces; and

(ii) Proof that contractor employees are United States nationals ordinarily resident in the United States and that their presence in Japan is solely for the purpose of performing work under contracts with the United States for the benefit of the United States armed forces.

(3) The Contracting Officer shall make the initial determination whether the contractor qualifies for Article XIV status. Upon a determination of qualification, the Contracting Officer shall forward a request for designation through component channels to Commander, U.S. Forces, Japan, ATTN:

USFJ/J5, Unit 5068, APO AP 96328. The request shall include the items requested in subparagraph (b)(2), a full explanation of the necessity of using a United States contractor consistent with subparagraph (a), and relevant documentation. See USFJ Instruction 64-102 for further details.

(4) HQ USFJ shall make the final determination on the contractor’s Article XIV status upon consultation with the Government of Japan.

(5) Upon receipt of HQ USFJ approval, the Contracting Officer shall issue Letters of Identification indicating SOFA Article XIV status has been granted to the contractor and contractor employees.

(6) Once a contractor has been designated under SOFA Article XIV, it is not necessary that it be re-designated if a follow-on contract is awarded to that contractor; provided the new contract does not involve a material change from the work under which the SOFA Article XIV designation was originally granted and there is no significant delay between completion of the existing contract and initiation of performance under the follow-on contract.

(7) In the event SOFA Article XIV status is not granted, the Contracting Officer should determine whether contractor employees meet the qualifications for SOFA Article I(b) status and if the provision of such status is in the best interest of the United States.

(c) SOFA Article XIV privileges and benefits. In accordance with SOFA Article XIV, paragraphs 3 through 8, upon certification by appropriate United States authorities as to their identity, such persons and their employees, but not their dependents, shall be accorded the following benefits of the

SOFA.

(1) Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V, paragraph 2;

(2) Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX;

(3) Exemption from customs duties and other such charges on furniture and household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through United States military post offices as provided for in SOFA Article XI, paragraph 3;

(4) If authorized by the installation commander or designee, the right to use Navy exchanges, post exchanges, base exchanges, commissaries, messes, social clubs, theaters, newspapers and other non-appropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV and discussed below at section IV;

(5) The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX, paragraph 2;

(6) The use of postal facilities as provided for in SOFA Article XXI;

(7) Exemption from the laws and regulations of Japan with respect to terms and conditions of employment except that such exemption shall not apply to the employment of local nationals in Japan;

(8) Exemption from taxes and similar charges of Japan on depreciable assets except houses, held, used, or transferred for the execution of contracts referenced in subparagraph (a);

(9) Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan. No exemption from taxes payable for the use of roads by private vehicles is provided under SOFA Article XIV;

(10) Exemption from income or corporation taxes of the Government of Japan or any other taxing agency in Japan on any income derived under a contract made in the United States with the Government of the United States in connection with the construction, maintenance or operation of any of the facilities or area covered by the SOFA. The provisions of this paragraph do not exempt such persons from payment of income or corporation taxes on income derived from Japanese sources;

(11) Japan authorities have the right to exercise jurisdiction over SOFA personnel in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the United States.

III. SOFA Article I(b).

(a) SOFA Article I(b) status. Individuals including, but not limited to, technical advisors, consultants, entertainers serving under contracts with the United States for the provision of services in support of U.S. armed forces in Japan, and whose presence is required in Japan to provide such services, may acquire SOFA status in Japan as part of the civilian component under Article I(b) of the SOFA. Note SOFA Article I(b) does not create a lawful status in Japan for any entity other than individuals (e.g., the corporation employing the individual). To qualify for SOFA status under SOFA Article I(b), such individuals must be:

(1) United States nationals,

(2) not ordinarily resident in Japan (or if ordinarily resident in Japan, receive permission from the GOJ to change status following the procedures set out in USFJI 36-2611, Changes of Status by Person in Japan to One of the Categories Authorized by the Status of Forces Agreement),

(3) present in Japan at the invitation of the United States, and solely for the purpose of executing contracts for the benefit of the United States armed forces (including Foreign Military Sales contracts), and

(4) not contractors, employees of a contractor whose presence in Japan is solely for the purpose of executing contracts within the definition of SOFA Article XIV.

(b) SOFA Article I(b) procedures. Contractor personnel must obtain authority to enter Japan under SOFA Article I(b) through their employer and the Contracting Officer. After determining that the personnel meet the requirements for SOFA Article I(b) status, the Contracting Officer may issue a Letter of Identification. The Letter of Identification should include a statement that the individual is entering Japan under SOFA Article I(b). Sample Letters of Identification for PCS or TDY travel can be found on the www.usfj.mil website under the Letter of Identification buttons.

(c) SOFA Article I(b) privileges and benefits. Persons granted authority to enter Japan under SOFA Article I(b) and their dependents (defined as spouse, children under 21, and, if dependent for over half their support upon an individual having SOFA Article I(b) status, parents and children over 21) shall be accorded the following benefits of the SOFA. These privileges are personal to the employee/dependent and do not inure to the employer.

(1) Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V, paragraph 2;

(2) Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX;

(3) Acceptance as valid by Japan, without a driving test or fee, a U.S. Forces, Japan Operator’s Permit for Civilian Vehicle as provided for in SOFA Article X. Issuance of such permit shall be subject to applicable military regulation;

(4) Exemption from customs duties and other such charges on materials, supplies, and equipment which are to be incorporated into articles or facilities used by the United States armed forces furniture, household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through United States military post offices as provided for in SOFA Article XI, paragraphs 2 and 3;

(5) Exemption from the laws and regulations of Japan with respect to terms and conditions of employment as provided for in SOFA Article XII, paragraph 7, except that such exemption shall not apply to the employment of local nationals in Japan;

(6) Exemption from Japanese taxes to the Government of Japan or to any other taxing agency in Japan on income received as a result of their service with the United States armed forces as provided for in SOFA Article XIII. The provisions of Article XIII do not exempt such persons from payment of Japanese taxes on income derived from Japanese sources;

(7) If authorized by the installation commander or designee, the right to use Navy exchanges, post exchanges, base exchanges, commissaries, messes, social clubs, theaters, newspapers and other non-appropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV;

(8) The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX, paragraph 2;

(9) The use of postal facilities as provided for in SOFA Article XXI;

(10) Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan.

(11) Japan authorities have the right to exercise jurisdiction over SOFA personnel in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the United States.

IV. Logistic Support.

Logistic support including, but not limited to, the items below may be provided to contractors and contractor employees only when specified as government-provided support in the contract and subject to availability as determined by the installation commander or designee. The purchasing activity shall coordinate with the installation commander or designee prior to the issuance of the solicitation to assure accurate description of available logistic support.

(a) Navy, Base or Post Exchange, exchange service stations, theaters, and commissary (SOFA Article I(b) personnel/dependents and SOFA Article XIV personnel only);

(b) Laundry and dry cleaning;

(c) Military banking facilities (SOFA Article I(b) personnel/dependents and SOFA Article XIV personnel only);

(d) Transient billeting facilities;

(e) Open mess (club) membership, as determined by each respective club (Article I(b) personnel/dependents and SOFA Article XIV personnel only);

(f) Casualty assistance (mortuary services) on a reimbursable basis;

(g) Routine medical care on a reimbursable basis for U.S. citizens and emergency medical care on a reimbursable basis for non-U.S. citizens;

(h) Dental care, limited to relief of emergencies on a reimbursable basis;

(i) Department of Defense Dependent Schools on a space-available and tuition-paying basis;

(j) Postal support, as authorized by military postal regulations (SOFA Article I(b) personnel/dependents and SOFA Article XIV personnel only);

(k) Local recreation services on a space-available basis;

(l) Issuance of U.S. Forces, Japan Operator’s Permit (SOFA Article I(b) personnel/dependents and SOFA Article XIV personnel only);

(m) Issuance of vehicle license plates (SOFA Article I(b) personnel/dependents and SOFA Article XIV personnel only).

V. Contract Clauses.

Following are sample clauses DoD Contracting Officers may consider for inclusion in contracts that will be performed in Japan. As previously noted, this paper should be treated as an information resource only. Attorneys are responsible for doing their own legal research. Contracting Officers are strongly encouraged to consult with their servicing legal counsel prior to utilizing any information, including the following clauses, presented in this paper

CONTRACTS TO BE PERFORMED IN JAPAN

The Status of Forces Agreement between the United States and Japan (SOFA) governs the rights and obligations of the United States armed forces in Japan. Unless a contractor is present in Japan solely to perform under a contract with the United States for the sole benefit of the United States armed forces in Japan and is accorded privileges under SOFA Article XIV, it and its employees shall be subject to all the laws and regulations of Japan, including the US-Japan SOFA. Certain contractor employees and their dependents not accorded privileges under SOFA Article XIV may be accorded status under SOFA Article I(b) with potential eligibility for logistic support. Dependents of contractors or of contractor employees who receive SOFA Article XIV status do not receive SOFA status under SOFA Article XIV or SOFA Article I(b) based on their status as dependents. The Contractor shall comply with the instruction of the Contracting Officer concerning the entry of its employees, equipment, and supplies into Japan, and shall comply with all applicable Japanese laws and regulations as well United States Forces, Japan (USFJ) and USFJ component policies and regulations during the performance of this contract.

SOFA ARTICLE XIV STATUS

(a) Awardee may apply for Article XIV status under the United States – Japan Status of Forces Agreement (SOFA). Offers shall be prepared based on the assumption that SOFA Article XIV status will be granted by Government in consultation with the Government of Japan. If the Government determines that Awardee does not qualify for SOFA Article XIV status or that SOFA Article XIV status is otherwise inappropriate, an equitable adjustment shall be made to the cost/price and other appropriate terms of the contract. Persons, including corporations organized under the laws of the United States, and their employees who are ordinarily resident in the United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces may acquire privileged status under SOFA Article XIV.

Such contractors and contractor employees are eligible for agency privileges and benefits under the SOFA but otherwise remain subject to the laws and regulations of Japan. Neither SOFA Article XIV nor SOFA Article I(b) status and privileges extend to dependents of SOFA Article XIV contractors or contractor employees.

(b) Procedures.

(1) Formal application for SOFA Article XIV status shall be made to HQ USFJ only after the contract has been awarded and the contractor’s place of operation in Japan has been determined.

(2) A contractor seeking SOFA Article XIV status for itself and its employees shall submit the following to the Contracting Officer as part of its offer:

(i) Proof that the contractor is a person ordinarily resident in the United States or a corporation organized under the laws of the United States and that its presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces; and

(ii) Proof that the contractor’s employees are persons ordinarily resident in the United States and that their presence in Japan is solely for the purpose of performing work under contracts with the United States for the benefit of the United States armed forces.

(3) The Contracting Officer shall make the initial determination whether the contractor qualifies for SOFA Article XIV status. Upon a determination of qualification, the Contracting Officer shall forward a request for designation through component channels to Commander, United States Forces, Japan, ATTN: USFJ/J5, Unit 5068, APO AP 96328. The request shall include the items requested in subparagraph (b)(2), a full explanation of the necessity of using a United States contractor, and relevant documentation. See USFJ Instruction 64-102 for further details.

(4) HQ USFJ shall make the final determination on the contractor’s SOFA Article XIV status upon consultation with the Government of Japan.

(5) Upon receipt of HQ USFJ approval, the Contracting Officer shall issue Letters of Identification indicating SOFA Article XIV status has been granted to the contractor and contractor employees.

(6) Once a contractor has been designated under SOFA Article XIV, it is not necessary that it be re-designated if a follow-on contract is awarded to that contractor; provided the new contract does not involve a material change from the work under which the SOFA Article XIV designation was originally granted and there is no significant delay between completion of the existing contract and initiation of performance under the follow-on contract.

(c) SOFA Article XIV privileges and benefits. In accordance with SOFA Article XIV, paragraphs 3 through 8, upon certification by appropriate United States authorities as to their identity, such persons and their employees shall be accorded the following benefits of the SOFA. Note: Privileges and benefits afforded under SOFA Article XIV do not extend to dependents/family members.

(1) Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V, paragraph 2;

(2) Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX;

(3) Exemption from customs duties and other such charges on furniture and household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through United States military post offices as provided for in SOFA Article XI, paragraph 3;

(4) If authorized by the installation commander or designee, the right to use Navy exchanges, post exchanges, base exchanges, commissaries, messes, social clubs, theaters, newspapers and other non-appropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV;

(5) The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX, paragraph 2;

(6) The use of postal facilities as provided for in SOFA Article XXI;

(7) Exemption from the laws and regulations of Japan with respect to terms and conditions of employment except that such exemption shall not apply to the employment of local nationals in Japan;

(8) Exemption from taxes and similar charges of Japan on depreciable assets except houses, held, used, or transferred for the execution of contracts referenced in subparagraph (a);

(9) Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan. No exemption from taxes payable for the use of roads by private vehicles is provided under SOFA Article XIV;

(10) Exemption from income or corporation taxes of the Government of Japan or any other taxing agency in Japan on any income derived under a contract made in the United States with the Government of the United States in connection with the construction, maintenance or operation of any of the facilities or area covered by the SOFA.