AMENDMENT_01_Navy_Ph6_Solicitation_FINAL.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 1004

The unit of issue Lot has been added.

SUBCLIN 1004AA

The cost constraint EST has been deleted.

CLIN 1005

The unit of issue has changed from Each Per Month to Lot.

CLIN 1006

The unit of issue has changed from Job to Lot.

CLIN 2004

The unit of issue Lot has been added.

CLIN 2005

The unit of issue has changed from Each Per Month to Lot.

CLIN 2006

The unit of issue has changed from Each Per Month to Lot.

CLIN 3002

The unit of issue has changed from Job to Lot.

CLIN 3004

The unit of issue Lot has been added.

CLIN 3005

The unit of issue has changed from Each Per Month to Lot.

CLIN 3006

The unit of issue has changed from Job to Lot.

CLIN 4004

The unit of issue Lot has been added.

CLIN 4005

The unit of issue has changed from Each Per Month to Lot.

CLIN 5001

The pricing detail quantity has decreased by 5.00 from 6.00 to 1.00.

CLIN 5002

The pricing detail quantity has decreased by 5.00 from 6.00 to 1.00.

CLIN 5003

The pricing detail quantity has decreased by 5.00 from 6.00 to 1.00.

CLIN 5004

The unit of issue Lot has been added.

CLIN 5005

The pricing detail quantity has decreased by 5.00 from 6.00 to 1.00.

CLIN 5006

The pricing detail quantity has decreased by 5.00 from 6.00 to 1.00.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 5001 has been changed from:

POP 31-MAR-2022 TO

30-SEP-2022

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA

256-895-1110

FOB: Destination

W912DY

To:

POP 31-MAR-2022 TO

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA

256-895-1110

W912DY

The following Delivery Schedule item for CLIN 5002 has been changed from:

POP 31-MAR-2022 TO

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA

256-895-1110

W912DY

POP 31-MAR-2022 TO

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA

256-895-1110

W912DY

The following Delivery Schedule item for CLIN 5003 has been changed from:

POP 31-MAR-2022 TO

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA

256-895-1110

W912DY

POP 31-MAR-2022 TO

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA

256-895-1110

W912DY

The following Delivery Schedule item for CLIN 5005 has been changed from:

POP 31-MAR-2022 TO

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA

256-895-1110

W912DY

POP 31-MAR-2022 TO

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA

256-895-1110

W912DY

The following Delivery Schedule item for CLIN 5006 has been changed from:

POP 31-MAR-2022 TO

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA

256-895-1110

W912DY

POP 31-MAR-2022 TO

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA

256-895-1110

W912DY

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

25-JUN-2015

to:

Exhibit/Attachment Table of Contents

03-FEB-2017

25-JUN-2015

The following have been added by full text:

CONTRACT ADMIN DATA

1. Payment and Billing Office

Payment will be made by the office indicated in Block 18 of the SF 1449.

2. Invoices

All invoices must be submitted to the U.S. Army Engineering and Support Center, Huntsville (CEHNC) for technical review and payment. The required method for submitting invoices is via email.

Reference Performance Work Statement (PWS) paragraph 1.19.

3. Maintenance Reports

Maintenance reports shall be provided according to the requirements described in Appendix B Reporting Requirements.

Reference PWS paragraph 3.0

4. Resident Management System (RMS) and Quality Control Systems (QCS)

This task order will utilize RMS/QCS for Administration, Schedules, payments, submittals, correspondence, RFIs, QC, and reports. The Contractor shall comply with all requirements in the Unified Facilities Guide Specifications (UFGS) Specification 01 45 00.10 10 QCS. Reference, Contract Binder Defense Logistics Agency – Energy (DLA-E) Recurring Maintenance and Minor Repair, Performance Work Statement (PWS) Appendix E.

5. Payment Instructions for Single or Multiple Accounting Classification Citations

The Payment Office shall not make payments based on sequential Accounting Classification Reference Number (ACRN) order, cancellation date, proration, or by fiscal year. Payments to the Contractor will only be made against the ACRN (alpha/alpha code) associated with the specific Task (to include Fiscal Year in which the work was performed) for which the Contractor is requesting payment. The Payment Office will only make payment to the Contractor within the CLIN based on the ACRN(s) associated with the CLIN.

If there is only one source of funding for the Contract Line Item Number (CLIN), the payment office shall make payments to the Contractor using the ACRN associated with the CLIN being billed. The Contractor however is required to clearly identify the CLIN, the ACRN (alpha/alpha code), and the amount billed against the Task within the Task Order on the payment request (invoice). If the ACRN is not identified, or is incorrectly identified, payment will not be made and the entire payment request (invoice) will be rejected.

6. Subcontract Reporting

In accordance with FAR 52.219-9, Small Business Subcontracting Plan (DEVIATION 2016-O0009) Alternate III, and DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) Alternate I, contractor shall submit Individual Subcontract Report (ISR) for this contract award on the form SF294 via email to the Contracting Officer as required semiannually. The contractor shall also submit a Summary Subcontract Report (SSR) annually to summarize subcontract reporting for all contracts combined for DoD in eSRS.

7. Wage Determinations

Service Contract Act (SCA) Wage Determinations and Davis Bacon Wage General Decisions for the geographic area where the awarded work is to be performed are provided in Attachment 9. A copy of the decision/determination is available at www.dol.gov. The labor rates in effect at the time a task order is awarded will remain in effect through completion of the project, unless modified due to an increase in the Department of Labor wage rates.

Subsequent payment for different labor categories under the contemplated task order must be submitted and approved by the Contracting Officer no less than 45 days prior to requested or required change.

8. Schematics

Contractor will be required to provide schematics (per PWS 1.10.4) AFTER award. This requirement will be priced and added to contract via modification.

SPECIAL CONTRACT REQUIREMENTS

DIEGO GARCIA SITE REQUIREMENTS/NOTICES

1.

This contract has work sites and requires performance in Diego Garcia, a British Indian Ocean Territory (BIOT), an island located the Indian Ocean. The Agreement entered into between the United States and the United Kingdom of Great Britain and Northern Ireland regarding the Availability of Certain Indian Ocean Islands for Defense Purposes (effective Dec.,30, 1966) controls the work to be performed by US contractors and their subcontractors (including US and non-US subcontractors. (See Attachment 12)

2.

The requirements for entry into Diego Garcia for US contractors and their subcontractors (including both US and non-US subcontractors) are governed by DoD 4500.54-G (Foreign Clearance Guide) which is not releasable in this forum. However, awardee will be provided with applicable portions after award.

JAPAN SPECIFIC LOCAL CLAUSES

1. CONTRACTS TO BE PERFORMED IN JAPAN

A United States contractor who will after award seek 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’s 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.

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.

2. 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. 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.

3. LOGISTIC SUPPORT

Contractor (if awarded Article XIV status), contractor personnel, and in the case of contractor personnel granted SOFA Article I(b) status, dependents, shall, subject to availability as determined by the installation commander or designee, be provided logistic support including, but not limited to, the items below [indicate appropriate support based upon coordination with installation commander or designee].

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

(b) Laundry and dry cleaning;

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

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

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

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

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.

4. 52.0000-4131 SAFETY STANDARDS

The successful offeror will be required to comply with the Occupational Safety and Health Act (OSHA) standards as well as the Corps of Engineers Manual 385-1-1, Safety and Health Requirements Manual. (JED) [0000-4131]

(End of provision)

5. 52.0000-4136 SPECIAL TREATMENT OF PACKAGING OF EQUIPMENT AND MATERIAL

Bidders are cautioned that equipment and material requiring ocean transportation may be subjected to inordinate dangers and special treatment or packaging may be necessary to assure arrival in a condition conforming to contract requirements. (JED) [0000-4136]

(End of provision)

6. 52.0000-4140 497 JAPANESE CONSUMPTION TAX

Effective 1 April 1997, the Government of Japan increased the rate of Japanese Consumption Tax from 3% to 5%. By virtue of Article XII of the Status of Forces Agreement (SOFA), materials, supplies, equipment and services procured for official purposes in Japan by the United States armed forces, or its authorized procurement agencies are EXEMPT from various Japanese Taxes, including Consumption Tax. The exemption from the Japanese Consumption Tax applies not only to Japanese prime contractors, but also to Japanese subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or a Foreign firm. The instruments listed hereinafter have been agreed to by both governments of Japan and the U.S. as "Proof of Purchase by U.S. Forces in Japan.”

Standard Form 1034 Public Voucher for Purchases and Services other than Personal

DD Form 1155 Order for Supplies or Services Standard Form 44 Purchase Order- Invoice-Voucher ENG Form 93 Payment Estimate

Therefore, Japanese Consumption Tax shall NOT be included in your bid, proposal or quote. [0000-4140-497]

(End of provision)

SECTION 00800

SPECIAL CONTRACT REQUIREMENTS

7. KEY PERSONNEL AND KEY SUBCONTRACTORS

In connection with the work covered by this contract, any in-house personnel and key subcontractors will be limited to individuals or firms that were specifically identified and agreed to during negotiations. The contractor shall obtain the Contracting Officer’s written consent before making any substitution for these designated in-house personnel and key subcontractors.

(End of Clause)

8. PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information.

The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

(b) Weather conditions. Data on temperature, rainfall, and snow may be obtained from local Agencies responsible for recording meteorological data. (Also see Special Contract Requirements entitled "Time Extensions for Unusually Severe Weather".)

(c) Transportation facilities. The Contractor shall make his own investigation of the condition and availability of public and private roads as well as clearances, restrictions, and load limits of bridges.

(d) Security Requirements. The Contractor shall comply with the industrial security requirements of the Army/Air Force/Navy, as applicable. Contractor personnel requiring access to the military installation in connection with the contract may be subject to security investigation and shall be admitted to only those parts of the installation or building(s) where their presence is required. While on the job, Contractor employees shall display identification as may be required under the Special Contract Requirements entitled "Identification of Employees." Vehicles operating on the military installation are subject to search by security personnel at any time. Immediately upon receipt of notice to proceed, the Contractor shall furnish to the Contracting Officer the following:

(i) A roster of all employees who will need access to the military installation in connection with the contract. The roster shall be submitted in three (3) copies. If requested in writing by the Contracting Officer, additional personnel data shall also be furnished.

(ii) A list of automotive vehicles which will be used on the military installation in connection with the contract. The list shall include make, year, license number, details of insurance coverage, etc. The list of automotive vehicles shall be submitted in four (4) copies. The Contractor shall be responsible for vehicle permits issued to him and his subcontractors. When so authorized by the Contracting Officer, the Contractor may coordinate directly with the military police concerning permits for contractor-owned vehicles. Privately-owned vehicles used by Contractor personnel must be registered with the military police by the individual owners. [FAR 52.236-4] [0000-4305]

(End of clause)

9. CERTIFICATE OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specifications requirements shall be executed in five (5) copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies.

Certification shall not be construed as relieving the Contractor from furnishing satisfactory materials, if, after tests are performed on selected samples, the material is found not to meet the specific requirements. [JED] [0000-4314]

(End of clause)

10. IDENTIFICATION OF EMPLOYEES

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon the release of any employee.When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project. [JED] [0000-4315]

(End of clause)

11. GROUND-FAULT CIRCUIT INTERRUPTERS

Ground-fault circuit interrupters for all 120-volt single phase 15- and 20-ampere receptacle outlets which are not part of the permanent wiring of the building or structure shall be provided by the Contractor in accordance with Section 11.D.05 of Engineer Manual 385- 1-1. [JED] [0000-4316]

(End of clause)

12. TEMPORARY ELECTRICAL POWER

The Contractor shall inspect all temporary electrical service weekly to ensure compliance with EM 385-1-1 and National Electrical Code. The inspection shall be conducted by a qualified electrician under the supervision of the project CQC chief. The results of the safety inspection shall be certified and attached to the QC report on the day the inspection is conducted. Unsafe conditions and correction shall be noted on the report. [JED] [0000- 4317]

(End of Clause)

13. APPLICABLE LAW

All rights, obligations and remedies are governed by the terms and clauses of this Contract. The validity and interpretation of the terms and clauses of this Contract and all rights, obligations and remedies thereunder shall be construed in accordance with the laws of the United States of America. [Revised JED, 1982] [0000-4320]

(End of clause)

14. PROGRESS CHARTS

If the Government revises the work to be accomplished by issuing a notice to proceed with a change to the contract which would affect the order of work or duration of time for completing the work, the progress chart prepared by the Contractor pursuant to the contract clause entitled "SCHEDULE FOR CONSTRUCTION CONTRACTS" shall be revised promptly by the Contractor by adding to, deleting, or rescheduling the affected features to indicate the Contractor's current plans for completing the work as revised. The cost for this revision of is a part of the cost of the change. Revisions to the progress charts shall be made no later than the next regular progress updating following notice to proceed with the change, whether or not the formal modification to the contract has been issued. If the Contractor fails or refuses to incorporate the changed work in the progress chart, the Contracting Officer may furnish revisions which the Contractor shall include and use in the progress chart until the modification is settled or until actual dates supersede the estimated data. If the Contractor objects to the changes furnished by the Contracting Officer, he shall submit such objections in writing along with a counter-plan within twenty (20) days after the date suggested revisions were furnished by the Contracting Officer. Failure to submit objections and counter-plan within the twenty (20) days will be deemed to indicate the Contractor's concurrence in the Contracting Officer's suggested revisions. The schedule into which these revisions have been incorporated shall become the current schedule for continued evaluation of progress and the document which will be used to evaluate impact on the Contractor's work for time extensions.

[JED] [0000-4327]

(End of clause)

15. USE OF GOVERNMENT BUILDINGS BY THE CONTRACTOR

The Contractor will not be permitted to utilize any Government building or facility for his site office space or storage area for materials without prior written approval of the Contracting Officer. [0000-4400]

(End of clause)

16. WARRANTY IMPLEMENTATION

a.

The Contractor shall designate a representative within the country of Japan to implement the warranties included in this contract. The Contractor may designate himself provided he has a permanent office in the country of Japan. The Contractor may designate different representatives for separate specialties of work.

b.

The name, address, telephone number of the representative, and nomenclature of warranty item shall be submitted to the Contracting Officer's representative at least thirty (30) days prior to the contract completion date or beneficial occupancy of the work or part thereof. For the purposes of paragraph f of the warranty clause, a reasonable time shall be considered to be as follows:

(1) Twenty-one (21) calendar days from the receipt of a written notification of any failure, defect, or damage of such nature that the work remains functional or habitable or both, as applicable.

(2) Twenty-four (24) hours for failure, defects or damages which render the work nonfunctional or uninhabitable or both. Response in this instance starts from receipt of verbal notification from an authorized Government representative. Written confirmation will follow the initial verbal request.

c.

The Contractor shall place equipment warranty stickers (OF 274) on all warranted equipment in the location designated by the Contracting Officer's representative. The Contracting Officer will furnish the stickers and the Contractor shall be required to fill out the required information and place the stickers on the equipment. [0000-4403]

(End of clause)

17. WARNING SIGNALS OR BARRICADES

In addition to the clause entitled "Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements", the Contractor shall, during the progress of the work, take all proper precautions in providing good and safe barriers, lights, warning signs and any other safeguards for the prevention of accidents and for the protection of persons and property.

[0000-4404]

(End of clause)

18. INTERFERENCE WITH GOVERNMENT OPERATIONS

The Contractor shall establish work procedures and methods to avoid interference with existing operations within or adjacent to the construction area. Free passage into adjoining or adjacent buildings not in the contract will not be permitted except as approved by the Contracting Officer. Procedures and methods shall also provide for safe conduct of work and protection of property which is to remain undisturbed. [0000-4406]

(End of clause)

19. DUST CONTROL

The Contractor shall control the generation of dust and flying particles from his operations to prevent creation of a nuisance to Government personnel and dependents in occupied portions of the buildings and in the surrounding areas. Measures shall also be taken for dust control along haul routes and equipment parking areas. Method or methods of dust control shall be approved by the Contracting Officer. [0000-4407]

(End of clause)

20. REMOVAL AND DISPOSAL

Items indicated to be removed shall be removed and be disposed of by the Contractor outside the limits of Government-controlled land at his responsibility and expense. [0000- 4408]

(End of clause)

21. RESTORATION WORK

Existing conditions or areas damaged or disturbed by the Contractor's operation shall be restored to their original condition, or to near original condition as possible, to the satisfaction of the Contracting Officer. [0000-4409]

(End of clause)

22. WRITTEN COMMUNICATIONS IN ENGLISH

All submittals required under this contract, including but not limited to, safety hazard analysis plans and quality control plans, all correspondence of any nature whatsoever, and all other written communications, documents, drawings, reports, etc., of every description, shall be written in English or translated into English, before being provided to the Government by the Contractor.

[0000-4410]

(End of clause)

23. ENGLISH SPEAKING REPRESENTATIVE

At all times during the contract period the Contractor shall have an employee capable of fluent bilingual speech in the Japanese and English languages at the job site. The bilingual interpreter shall have the capability to receive and issue concise and technical explanation and instructions between the Government representative(s) and Contractor supervisory personnel concerning all aspects of contract administration and construction. Within five (5) days after notice of contract award, the Contractor shall submit in writing to the authorized Representative of the Contracting Officer the qualifications and background history of the proposed interpreter for approval. The Authorized Representative of the Contracting Officer shall have the explicit right to determine acceptability or rejection of the proposed individual. In addition, the Contractor shall be responsible to replace said individual upon notification by the Government should performance become inadequate during the contract period. The interpreter shall attend the preconstruction conference. [0000-4411]

(End of clause)

24. TYPHOON AND STORM PREPARATIONS

In order to minimize damage to public properties and prevent personal injury, the following actions will be taken upon declaration of the typhoon conditions described below. The Contractor shall insure that the construction sites are well prepared for protection from the damages of heavy rain and strong winds. The Contractor will develop and establish the necessary procedures to be taken for storm preparation and provide in his accident prevention plan, Part I, emergency phone numbers and addresses where at least three (3) officials of the company may be reached and notified in the event that an immediate typhoon alert is declared.

(a) Typhoon Condition 3. When CONDITION THREE (Destructive winds possible within 48 hours) is declared, the Contractor shall:

(1) Clean and remove all loose debris and waste including scrap wood and metal, empty barrels and concrete form materials no longer required on the job site, to a safe area for proper disposition.

(2) Secure, tie down and anchor construction field office and storage facilities, scaffolding, concrete forms and supports, doors, windows, opening covers, stored lumber and other materials, mechanized construction equipment, temporary power lines and supports, and other items that may be blown away or that might cause injury or damage.

(3) Inspect all excavation and trenching work in process, and provide necessary temporary drainage and proper protection and shoring for excavation sides and openings, in order to prevent damage to public roads and facilities by slides or flooding. Accumulation of water in the excavation of structure foundation work will be controlled and minimized.

(b) Typhoon Condition 2. When CONDITION TWO (Destructive winds anticipated within 24 hours), is declared, the work required at remote areas such as off-shore facilities or high elevations will cease immediately and the workers will be evacuated to a safe area. During condition two, the Contractor will continue the actions described in paragraph (a) above and the construction site will be inspected for storm preparation by the Contracting Officer's representative. The Contractor shall request an inspection by calling the Contracting Officer's representative at the appropriate Japan District field office.

(c) Typhoon Condition 1. When CONDITION ONE (Destructive winds imminent or anticipated within

12 hours) is declared all work will cease immediately and the contractor's representative shall insure that all necessary storm preparations, including the items listed below, are completed.

(1) All electrical circuits and equipment including temporary power lines are cut off and secured against unauthorized use.

(2) Gas cylinders, hot work equipment and flammable materials properly stored at a safe area.

(3) No igniting source is present.

(4) All workers have been evacuated from the construction site. When condition one is declared without the normal progression through Condition 3 and/or 2, the Contractor will take the actions listed in paragraph (a) above, and also follow the procedures described herein.

(d) High Wind Warnings. When wind gusts of 30 knots per hour or greater are forecast, the contractor will be required to perform general area cleanup in accordance with paragraphs (a)(1) and (a)(2) above; i.e., to bundle and securely tie or security cover and weight small wooden items, to remove and secure light weight barricades and to remove loose material from roofs and other high unprotected areas.

(e) Investigation of Typhoon Damages. When "ALL CLEAR" is declared, the Contractor may resume normal activities. The construction site will be investigated for all damage caused by the typhoon or high winds and the result of the investigation will be furnished in verbal or written form to the Contracting Officers's representative as soon as practicable. [0000-4413]

(End of clause)

25. SHOP DRAWINGS

If reproduced copies are to be submitted, the minimum acceptable type of print for shop drawings and other data required hereinafter shall be a permanent copy, blue or black print on white background, having a weight of not less than 20-pound bond. Prints submitted shall be sharp, clear, and shall show all minute details. Sizes of shop drawings shall be in accordance with Drawing No. 40-05-13, sheet 1. Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, any lower tier subcontractor pursuant to a construction contractor, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e., form, fit, and attachment details) of material of equipment. Shop drawings for each separate item of equipment shall contain a reference to the specific contract drawings on which the equipment item appears. Shop drawings and schedules of all trades shall be submitted only by the contractor, who shall certify, with each submittal of shop drawings, by a signed stamp on the drawings that he has reviewed the shop drawings in detail and that they are correct and in strict conformance with the contract drawings and specifications, except as may be otherwise explicitly stated, and has been checked for dimension and relationship with work of all other trades involved. These drawings shall be submitted as soon as practicable and within the time stated in the respective section of the specifications (in sufficient time to allow 30 days for review, if not otherwise specified). Shop drawings shall be submitted in logical order to facilitate proper coordination. Shop drawings for all work of a section of the specification shall be submitted concurrently; no consideration will be given to partial groups submitted from time to time.

[0000-4414]

(End of clause)

26. REFERENCE TO SUBMITTAL PROCEDURE

Wherever the statement appears in the specifications to the effect that the submittals shall be made in accordance with Special Contract Requirements, it shall be construed to mean "the submittal shall be made in accordance with section entitled "Submittal Procedures" in Division 1 of the specifications." [0000-4419]

(End of clause)

27. OUTAGES

Interruptions to existing utilities shall be held to a minimum. Outages to facilitate connections to existing systems shall be scheduled to take place during "OFF PEAK" periods, or during periods of minimum demand. The Contractor shall submit a planned schedule of outages to the Contracting Officer for proper coordination with existing facilities, and shall notify the Contracting Officer in writing not less than sixty (60) calendar days for all utilities, in advance of the intended interruptions. No utility outage will be permitted until the Contractor receives written approval from the Contracting Officer. [0000-4420]

(End of clause)

28. SEATBELTS AND ROLLOVER PROTECTIVE STRUCTURES (ROPS)

The Contractor shall be responsible for providing two-piece seat belts and anchorage in all construction vehicles or equipment, and require all vehicle operators to use the belts when operating the vehicles or equipment. He/she shall also be responsible to provide rollover protective structures (ROPS) for the following construction equipment:

a.

Crawler and rubber-tire tractors, including dozers, push and pull tractors, winch tractors, and mowers.

b.

Off-the-highway self-propelled pneumatic-tire earth movers such as trucks, scrapers, bottom dumps and end dumps.

c.

Motor graders.

d.

Water tank trucks having a tank height less than the cab.

e.

Other self-propelled construction equipment such as front-end loaders, backhoes, rollers, and compactors.

The seatbelts and ROPS shall meet the requirements of the Corps of Engineers, EM 385-1-1, or current Japan Labor Ministry Instruction JIS A8910 (ROPS) and JIS 8911 (Seatbelt & ROPS). [0000-4528 Jun 97]

(End of clause)

29. ASBESTOS PROHIBITION & CERTIFICATION (AUG 1998)

a. Materials or products containing more than one percent (by total weight of the material or product) of asbestos shall not be used in this project. The Contracting Officer, at any time prior to acceptance of the work, or during the period designated for warranty of the work, if any, may reject materials and products that contain asbestos in excess of one percent by weight, and direct the removal of such materials and products from the jobsite, at the sole expense of the contractor, and without additional time granted for performance of the work. After completion of this contract, if asbestos (exceeding 1% by weight) is discovered in the products or materials (excluding items permitted by the exception) installed by the contractor, the Government reserves the right to direct the Contractor to perform asbestos abatement and restoration work, as required, at the Contractor’s sole cost. Asbestos abatement work (removal and disposal of asbestos-containing materials and products) shall be accomplished in accordance with currently applicable United States Government standards for such work.

"Exception: Where suitable asbestos-free substitutes do not exist for a material or product, the contractor may use a material or product containing asbestos in the excess of 1% by weight, with the prior written approval of the Contracting Officer. The Contractor shall submit a written request for such substitution, accompanied by a certification from the manufacturer of the material or product that shall set forth, in specific detail, the amount of asbestos present in the material or product. When available, laboratory analysis of the material or product for asbestos content shall be included with the submittal."

b.

The Government may conduct asbestos testing on suspected asbestos-containing materials and products excluding items permitted by the "Exception", and such testing will be conducted at the expense of the Government. However, wherever destructive testing is required, or a material or product must be utilized by the Government for testing, the Contractor, shall, at its own expense, repair or replace the material or product, or the item of work that has been disturbed by testing, if the test results confirm presence of asbestos exceeding 1% by weight. In the event test results indicate 1% or less asbestos content or complete absence of asbestos, the Contractor shall restore the test site to its original condition and the cost of restoration work, as approved by the Contracting Officer, shall be borne by the Government.

c.

As a minimum, the Contractor shall furnish manufacturer's certification for the items listed below, excluding items permitted by the "Exception", certifying that they are asbestos free or do not contain asbestos in excess of 1% by weight, as applicable. However, when presence of asbestos is suspected in other products and materials used in this project, the Contractor shall be required to provide such certification for those additional items when so directed by the Contracting Officer. Asbestos certification shall be required for the items applicable to this project only.

1.

Vinyl sheet/vinyl tile flooring, including accessories and adhesives

2.

Insulation materials including facing

3.

Gaskets for piping and duct work

4.

Acoustical Tiles

5.

Firestopping materials

6.

Fireproofing materials

7.

Special Coating, including factory applied coatings, on sheet metal roofing and siding

8.

Wallboard for all interior and exterior applications including joint compounds

9.

Adhesives (other than Item 1) used in the project

10.

Tape materials used in the project

11.

Roofing and Siding, nonmetallic

12.

Felt materials and cushion materials

13.

Pre-mixed mortars, grouts, leveling compounds, fillers, and other cementitious materials

14.

Caulking and sealing materials d.

All submittals shall be accompanied by a certification from the manufacturer of the material or product that the material or product is asbestos-free; or shall set forth, in specific detail, the amount of asbestos present in the material or product. Documentary evidence of laboratory analysis of the material or product for asbestos content, conducted by a qualified independent testing laboratory, shall be included with the submittal. [JED] [0000-4529]

(End of clause)

30. RESERVED

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2016)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by…