W912HV20C0009.pdf

WT5J0202385186

DESIGN-BUILD (DB); FY20 OMA ARMY MUNS FACILITIES (PHASE I), KAB, OKINAWA, JAPAN

SECTION 00 10 00, SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

SECTION 00 21 00, INSTRUCTIONS TO BIDDERS

SECTION 00 45 00, REPRESENTATIONS AND CERTIFICATIONS

SECTION 00 70 00, CONDITIONS OF THE CONTRACT

SECTION 00 73 00, SUPPLEMENTARY CONDITIONS

DIVISION 01, GENERAL REQUIREMENTS

DRAWINGS

X

DARYL S DUENAS 098-970-9066

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

28-Aug-2020

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________19 Aug 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

W912HV20C0009

7. ISSUED BY CODE

CONTRACTING DIVISION

USACE-JAPAN DISTRICT

RM. 116, BLDG. 364

CAMP FOSTER

CHATAN-CHO, NAKAGAMI-GUN OKINAWA

JAPAN

W912HV

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912HV20B00110002 18

See Item 7

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE

SE462

FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

Y347,483,000.00 See Schedule

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE WT5J0227. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

U.S. ARMY CORPS OF ENGINEERS

FINANCE CENTER ATTN: CEPOJ-RM

5722 INTEGRITY DRIVE

MILLINGTON TN38054-5005

UNITED STATES

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR

AMERICAN ENGINEERING CORPORATION

7-8-13, OYAMA

GINOWAN 901-2223

JAPAN

15. TELEPHONE NO. (Include area code)

(KEN)TO -KOGY O

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

X 29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF: Bid Dated 19 August 2020

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print) SHYLOE A WERNER / Added by UPASS

TEL: 046-252-0994 EMAIL: shyloe.a.werner.civ@usace.army.mil

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY 28-Aug-2020

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912HV20C0009

Section 00 00 00 - Procurement and Contracting Requirements

CONTINUATION PAGE

1. Your Bid, dated 19 August 2020, in response to Invitation for Bid (IFB) Solicitation No.

W912HV20B0011, FY20 OMA Army MUNs Facility Repairs (Phase I), KAB, Okinawa, Japan with two

(2) amendments, is hereby accepted by the Government in the total amount of ¥347,483,000.

2. The Government awards Contract Line Item Number (CLIN) 0001 in the total amount of ¥347,483,000.

3. See Specifications Section 01 22 00.00 10 for detailed CLIN information.

4. The contractor shall provide all labor, management, materials, equipment, transportation and other related services necessary to complete work in accordance with IFB Solicitation No. W912HV20B0011, FY20 OMA Army MUNs Facility Repairs (Phase I), KAB, Okinawa, Japan construction project. All work shall be completed in accordance with the contract and FAR Clause 52.211-10, COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK.

5. The Contractor has ten (10) calendar days from the date of this contract award notification to submit the required performance bond to the Contracting Officer. Notice to Proceed (NTP) for this work will be provided at the Pre-Construction Conference upon receipt and acceptance of this bond. The Contractor shall commence work required under this contract after receipt of the NTP.

6. This contract is priced and payable in Japanese YEN. The U.S. dollar amounts reflected in this contract award are stated for administrative and internal use of the U.S. Government only. The U.S. dollar amounts stated do not establish any exchange rate for the contract.

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Y347,483,000.00 Y347,483,000.00 Design and Repair - Munitions

FFP

Repair:

Munitions Facilities – Phase 1 FOB: Destination

PURCHASE REQUEST NUMBER: WT5J0202385186

PSC CD: Z2JZ

NET AMT Y347,483,000.00

ACRN AA

CIN: WT5J02023851860001

$3,126,134.68

ACCOUNTING AND APPROPRIATION DATA

AA: 021 NA 2020 2020 2020 2020 000 0000 CCS: NA J2 2020 08 8121 43701819000 94626 3230 G63KJ9 SRC: 021 NA 2020 2020 2020 2020.000

0000 601Q 132076N1000 021001 NA G63KJ9

AMOUNT: $3,126,134.68

ACRN CLIN/SLIN CIN AMOUNT

AA 0001 WT5J02023851860001 $3,126,134.68

Section 00 45 00 - Representations and Certifications

REPS & CERTS

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

CORPORATE CERTIFICATE. In accordance with FAR 4.102(c), the Offeror, if a corporation, is requested to complete and submit the following certificate. A joint venture will require a submittal of this certificate from both parties involved.

CLAUSES INCORPORATED BY REFERENCE

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

CLAUSES INCORPORATED BY FULL TEXT

252.229-7001 TAX RELIEF (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: Consumption Tax (Offeror Insert) RATE (PERCENTAGE): 10% (Offeror Insert)

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The

Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

Section 00 70 00 - Conditions of the Contract

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

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications - Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding

OCT 2010

52.222-50 Alt I Combating Trafficking in Persons (JAN 2019) Alternate I MAR 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-11 Pledges Of Assets AUG 2018 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items AUG 2019 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7013 Requirement for Competition Opportunity for American Steel

Producers, Fabricators, and Manufacturers

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 730 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of ¥50,000 for each calendar day of delay until the work is completed or accepted.

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

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

a) Definitions. As used in this clause--

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to see Division 01.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be TWENTY (20) PERCENT of the bid price or ¥300,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least TWENTY (20%) PERCENT of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.236-4 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 -- see specifications and drawings.

(b) Weather conditions Each bidder shall be satisfied before submitting their bid as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any National Weather Service Office.

(c) Transportation facilities. Each bidder, before submitting their bid, shall make an investigation of the conditions of existing public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress at the jobsite. The unavailability of transportation facilities or limitations thereon shall not become a basis for claims or damages or extension of time for completion of the work.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.aquisition.gov/

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

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

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

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

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

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

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

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

(1) A foreign government;

(2) A representative of a foreign government; or

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

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from: HQDA-AT - Telephone: DSN 222-9832 or Commercial: (703) 692-9832

252.225-7044 BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL--BASIC (NOV 2014)

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

Commercially available off-the-shelf (COTS) item--

(i) Means any item of supply (including construction material) that is--

(A) A commercial item (as defined in paragraph (1) of the definition of ``commercial item'' in section 2.101 of the Federal Acquisition Regulation);

(B) Sold in substantial quantities in the commercial marketplace; and

(C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(ii) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means any article, material, or supply incorporated directly into construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(i) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

ii) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means--

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if--

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(B) The construction material is a COTS item.

``United States'' means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. This clause implements the Balance of Payments Program by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except for—

(1) Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation;

(2) Information technology that is a commercial item; or

(3) The construction material or components listed by the Government as follows:

1 aggregates (sand, gravel, soil, etc) 2 portland cement 3 concrete products (blocks, bricks, etc) 4 petroleum products (asphalt & other finished products) 5 acoustical ceiling tiles 6 Glass, clear (glazing) 7 Gypsum wallboard 8 Insulation board, mineral wool 9 Glass insulation, wool

10 Structural steel shapes 11 Ceramic tile 12 Reinforcing steel 13 Steel plate, galv 14 Elec rigid conduit 15 EMT conduit 16 PVC conduit 17 Outlet box, elec 18 Elec wiring 19 Elec cable 20 Industrial gases 21 Woods (logs, veneer & lumber of the Alaskan yellow cedar, angelique, balsa, ekki, greenheart, lignum vitae, mahogany & teak) 22 Shellac 23 Galvanized Steel Sheet 24 Stainless Steel Sheet, SUS 304 25 Steel Pipe & fittings 26 Copper Pipe & fittings 27 PVC pipe & fittings 28 Stainless Steel Pipe & fittings 29 Cast Iron Pipe & fittings 30 Pipe insulation, fiberglass 31 Pipe insulation, calcium silicate 32 Duct insulation, fiberglass 33 Valves, bronze 34 Strainer, bronze 35 Valves, Cast Iron (gate, glove, check) 36 Valves, Stainless Steel (gate, check) 37 Strainer, stainless steel 38 Water Closet 39 Pressure Switch 40 Pressure Gage 41 Vinyl Cove Base & Addhesive 42 Ceiling Access Panel 43 Metal Suspension System 44 Toilet Tissue Dispenser 45 Soap Dish 46 Vinyl Wall Covering 47 Exit Sign - with Kanji characters

48 Cubicle Transformer

49 Electrical Manhole

50 Electrical Handhole

51 Communication Manhole

52 Concrete utility pole

53 Transformer, pole mounted

54 Street light with steel pole

55 Vinyl Tile

56 Chainlink Fence

57 Barbed wire

58 Fence posts & accessories

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the index of drawings.

Section 00 73 00 - Supplementary Conditions

SUPPLEMENTARY CONDITIONS

SECTION 00 73 00

SUPPLEMENTARY CONDITIONS

1. ADMINISTRATIVE CONTRACTING OFFICER

In accordance with the USACE Acquisition Instruction (UAI) Section 5101.603-3-100, Administrative Contracting Officer(s) (ACO) may be delegated a part of the Contracting Officer's authority to modify this contract and perform contract administration functions under Federal Acquisition Regulation (FAR) Section 42.302, subject to the authority and limitations set forth in the written appointment. All references to the Contracting Officer (KO) in the technical specifications shall instead refer to the ACO.

2. WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT)

a. This paragraph supplements FAR clause 52.228-3 WORKERS' COMPENSATION INSURANCE

(DEFENSE BASE ACT).

b. The U.S. Army Corps of Engineers (USACE) has a blanket waiver for Japan waiving Defense Base Act

(DBA) Insurance coverage. However, this waiver does not apply to any employee who is hired in the U.S., is a resident of the U.S., or is a citizen of the U.S.

c. Contractors shall procure DBA insurance coverage commercially from a DOL authorized insurance carrier unless the contractor is under a self-insurance program. The DOL table of authorized carriers and self-insured employers is available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

3. BID GUARANTEES AND PERFORMANCE BONDS

a. ACCEPTABLE SURETIES. Notwithstanding the statement contained in paragraph (d) of the clause, FAR 52.228-15, "Performance and Payment Bonds - Construction", concerning the acceptable corporate sureties appearing on the Treasury Department Circular 570, a corporate surety that has received official approval to execute bid bonds (Standard Form 24) and performance bonds (Standard Form 25) on United States Forces Japan construction projects from the Ministry of Finance, Government of Japan will be considered an acceptable surety. Banks are not acceptable sureties; bid bonds and performance bonds executed by banks will be rejected.

b. Notwithstanding the statement contained in paragraph (b) of clause FAR 52.228-1, “Bid Guarantee”, the bid guarantee must be supported by good and sufficient corporate surety or sureties acceptable to the Government.

c. Notwithstanding the statement contained in paragraph (d) of clause FAR 52.228-15, "Performance and

Payment Bonds – Construction”, the performance bond must be supported by good and sufficient corporate surety or sureties acceptable to the Government.

4. BONDING THRESHOLDS

a. Under the Federal Acquisition Streamlining Act of 1994, Public Law 103-355 (FASA), the Miller Act (40 U.S.C. 270a-270f) no longer applies to contracts that do not exceed the amount of ¥15,000,000. Therefore, the Government will not require the successful bidder to furnish a performance bond if it appears that award of a contract to the bidder will be in an amount of ¥15,000,000 or less.

b. The government requires a bid guarantee to accompany a bid when a performance bond will be required under the resulting contract. Therefore, under this solicitation, any bid that is in excess of ¥15,000,000 shall be accompanied by a bid guarantee, in the form and amount that is required by provision "52.228-1, BID GUARANTEE," and other pertinent provisions and clauses in this solicitation. Failure to submit a bid guarantee in such case may render the bid non-responsive to the solicitation.

c. A bid under this solicitation that does not exceed ¥15,000,000 shall not require a bid guarantee to be submitted with the bid. Absence of a bid guarantee in such case will not, in and of itself, render the bid nonresponsive to the solicitation.

d. FAR 52.228-1, as included in the original solicitation, requires a bid guarantee in the amount of TWENTY

PERCENT (20%) of the total bid price or ¥300,000,000, whichever is less.

5. PERFORMANCE BOND

a. Applicable to contracts exceeding ¥15,000,000. This paragraph supplements FAR clause 52.228-15

PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION.

b. The amount of “$150,000” stated in the aforementioned clause is hereby changed to “¥15,000,000”.

c. Within 10 calendar days after the date of receipt of the award letter, the contractor shall furnish the

Government with a performance bond (Standard Form 25) with good and sufficient surety or sureties acceptable to the Government. The penal sum of the Performance Bond shall equal one hundred percent (100%) of the contract price.

d. Performance bond will be furnished by the Contractor to the Government prior to issuance by the

Government of a Notice to Proceed.

6. PAYMENT BOND (NOT REQUIRED)

Notwithstanding the requirement for the payment bond in FAR clause 52.228-15 PERFORMANCE AND PAYMENT BONDS -- CONSTRUCTION, the payment bond requirement has been waived by the District Contracting Chief (DCC) for this contract.

7. EVIDENCE OF PROCUREMENT

The Contractor is required to submit within sixty (60) calendar days after receipt of Notice to Proceed, such positive evidence of procurement actions as may reasonably be required to satisfy the Contracting Officer that procurement is being prosecuted with such diligence as will insure completion of the work within the time specified. The required evidence of procurement actions may include, but is not limited to, a purchase order accepted and confirmed by the source of supply showing delivery date(s) and point(s) of delivery, supported by a firm, irrevocable letter of credit or other guarantee of payment acceptable to the supplier.

8. JAPANESE CONSUMPTION TAX

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.

9. COST BREAKDOWNS - CONTRACT MODIFICATIONS

a. When cost or pricing data will be required from the contractor, or any subcontractor, for the pricing of a proposed contract modification with the value in excess of ¥200,000,000 or equivalent thereto (the sum of deletions and additions), FAR Clause 52.214-27, "Price Reduction for Defective Cost or Pricing Data – Modifications-Sealed Bidding" and 52.214-28, "Subcontractor Cost or Pricing Data – Modifications-Sealed Bidding", are applicable under this contract. Cost or Pricing data shall be submitted in accordance with FAR

15.408. The contractor is required to identify the portion of the data submitted that is factual in nature and the portion that is judgmental in nature plus contingencies included in the proposal. With regard to the judgmental factors, the contractor must identify the factual data used in arriving at the judgmental factors.

b. When the proposed price to a contract modification is at or below the cost or pricing data threshold of

¥200,000,000 or equivalent thereto, information other than cost or pricing data will be required for submission by the contractor in its own format. This information is not considered cost or pricing data and should not be certified by the contractor.

c. The contractor, when responding to any government's request for proposal letter for a proposed modification, shall furnish TWO (2) COPIES OF COST BREAKDOWN (IN ENGLISH) in sufficient detail to permit an analysis of all material, labor, equipment, subcontract and overhead costs for the establishment of price reasonableness or cost realism.

d. The cost breakdown shall include separately the direct cost for the use of the construction equipment, the direct cost of labor and of materials and equipment for incorporation in the work, and the indirect costs attributable to direct costs.

The information submitted shall support the price proposed and shall include sufficient detail or cross references to clearly establish the relationship of the information provided to the price proposed.

10. BANK TRANSACTION FEES.

Bank transaction fees may apply for each payment transaction. Transaction fees will be specific to the bank and will vary in amount. No adjustment will be made in the contract price for such transaction fees.