Loren Data's SAM Daily™

FBO DAILY ISSUE OF MAY 26, 2012 FBO #3836
SOLICITATION NOTICE

G -- Gas Powered Go-Kars for 4th of July on 3 July 2012 at Yokota Air Base, Japan - Attachment 1 - Maps and Site Plans

Notice Date

5/24/2012
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

532292 — Recreational Goods Rental
 

Contracting Office

Department of the Air Force, Pacific Air Forces, 374 CONS - Yokota, Unit 5228, Yokota AB, APO Japan, 96328-5228
 

ZIP Code

96328-5228
 

Solicitation Number

FA5209-12-Q-1005
 

Archive Date

6/19/2012
 

Point of Contact

Brittany Barlow, Phone: 81-42-552-3014, Keisuke Kiyotaka, Phone: 81-42-552-3014
 

E-Mail Address

brittany.barlow@us.af.mil, keisuke.kiyotaka.jp@us.af.mil
(brittany.barlow@us.af.mil, keisuke.kiyotaka.jp@us.af.mil)
 

Small Business Set-Aside

N/A
 

Description

Maps and/or Site Plans Requesting Agency: 374th Force Support Squadron/FSCVO, (NAF) Bldg 1290, Yokota Air Base, Fussa-shi, Tokyo 197-0001 Japan Purchasing Agency: 374th Contracting Squadron/LGCB Bldg 620, Yokota Air Base, Fussa-shi, Tokyo 197-0001 Japan This is a non-appropriated funds (NAF) purchase and it does not obligate appropriated funds of the United States Government. Non-appropriated funds are generated by the military community through the sale of goods and services, and the collection of fees and charges for participation in military community programs. This purchase does not include federal tax dollars. However, your proposed price(s) or cost(s) shall include Japanese Sales Consumption Tax (Shouhi Zei) for local vendors due to 100% NAF requirement. This solicitation is issued as a request for proposal (RFP) IAW Air Force Manual 64-302, Non-appropriated Fund Contracting Procedures. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. *Note: This is a NAF purchase and as such is exempt from having to conform to FAR rules and regulations, per Air Force Manual 64-302 section 2.9. Submit written quotes in reference to Request for Quotation (RFQ) reference number FA5209-12-Q-1005. Due to the overseas location of this solicitation, no set-aside will be used. The NAICS code for this requirement is 532292, All Other Amusement and Recreation Industries. FSC: W078 Prospecitve Offerors are to provide a quote for the requirements outlined in the Performance-Based Work Statement (PWS)s: o Quote shall include prices for the following bid schedule: Contract Line Item Number (CLIN) 0001: Quantity: (1) Unit: (Lump Sum) - ¥_______________ Non personal services: Contractor shall provide all necessary personnel, equipment, tools, materials, fuel, vehicles, supervision, and other items and services necessarty to provide gas powered go-kart racking for Yokota AB, Japan on 3 July 2012, in accordance with the attached Performance-based Work Statement. o Prices shall be all inclusive (i.e. all material, transportation, Japanese consumption tax for local vendors, etc.) Quote Specifics: Quotes are due to this office no later than 10:00 a.m. Japan Standard Time (JST), Monday, 4th of June 2012. Quotes may be faxed to 042-530-3319 or if dialing from outside Japan 011-81-42-530-3319, or sent via e-mail to brittany.barlow@yokota.af.mil or brittany.barlow.yokota@gmail.com. Email submissions are preferred. Primary point of contact: SSgt Brittany Barlow, Contract Specialist, TEL: 042-552-3014 or email: brittany.barlow@us.af.mil Alternate point of contact: Keisuke Kiyotaka, Contract Specialist, TEL: 042-552-3014 or email: keisuke.kiyotaka.jp@us.af.mil INSTRUCTION TO OFFERORS: All quotes must include the following information: 1. Company's complete mailing and remittance address 2. Discounts for prompt payment- if any 3. Quotes must be valid for a period of no less than 60 days. 4. Quote shall include the contractors Technical Capability as follows: Present/Past Performance Information EVALUATION OF QUOTES: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation provides the best value to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) price (ii) present/past performance Past performance shall be evaluated for recency, relevancy and quality of performance. Offerors shall submit a minimum of one (1) but no more than three (3) of the most recent and relevant past and present contracts and subcontracts performed for the U.S. Government, the Government of Japan or its political subdivisions, and commercial customers within the last three (3) years. "Relevant" is defined as "like services" when compared to this solicitation in terms of actual services provided. Offerors that are newly formed entities without prior contracts should list past performance information (i.e. contracts and subcontracts) for all key personnel. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) PWS GAS POWERED GO-KARTS 4 JULY CELEBRATION YOKOTA AB, JAPAN 1. DESCRIPTION OF SERVICES. The contractor shall provide all personnel, equipment, tools, materials, fuel, vehicles, supervision, and other items and services necessary to provide gas powered go-kart racing for Yokota AB, Japan in accordance with applicable Japanese laws and pertinent regulations, and commercial practices. The contractor shall accomplish all services below to meet the requirements of this Performance-based Work Statement (PWS). 1.1. Set up of track. The contractor shall furnish and maintain an appropriate quantity of crash barriers and tires to adequately and safely define and enclose an operational go-kart track that is at a minimum 120 meters by 70 meters. All crash barriers and tires used to define / enclose the track and at least one (1) single driver cart and (1) tandem cart must be delivered and set up rendering a functional track for speed/safety testing on 3 July 12 NLT 1600 hrs. 1.2. Pick-up and Transportation. The contractor shall be responsible for picking up and transporting all of the required materials, equipment, and carts to and from the contractor's area of operation or storage and the site of execution on Echo ramp at Yokota Air Base. 1.3. Carts. The carts should have the driver seats and driver seat position adjusted to accommodate the largest person possible. The passenger seat on the tandem carts may remain un-adjusted/modified and tailored for smaller individuals. The single driver carts must be capable of attaining speeds in excess of 55km/hr, but have an adjustment available to reduce the maximum top speed if the government representative dictates that course conditions require a lower top speed setting. The contractor shall provide at a minimum the following types of carts: 1.3.1. Single Driver, Adult Size Cart, Gasoline Powered - 12 ea. 1.3.2. Tandem Cart, Gasoline Powered - 3 ea. 1.4. Pre-operations Testing. The contractor shall have the track set up, at least one (1) single driver cart, at least one (1) tandem cart, and at least one (1) mechanic staff on site NLT 1600 on 3 July for a speed, safety, and operational test by the government representative. Adjustments made to the speed limiting device on the test cart(s) will then need to be duplicated on the remaining carts NLT 1300 on 4 July 2012. 1.5. On-site operations. The contractor will provide adequate staff to ensure smooth operations of the go-kart track between the hours of 1400~1900 on 4 July 2012. Contractor will also provide a minimum of 15 helmets for use by the customers, 2 sets of flags (green, yellow, red, black), and one checkered flag to be used by course marshals. Duties accomplished by contractor staff will include: 1.5.1. Preparing and maintaining carts mechanically 1.5.2. Refueling and maintaining fluid levels in carts 1.5.3. Providing assistance to stopped and dysfunctional carts on the track 1.5.4. Issuing, receiving turn-in, and cleaning helmets and gloves 1.5.5. Repairing damaged carts to ensure that at least the minimum quantities (single carts 9 ea/tandem carts 2 ea) of operational carts are available at all times. 1.6. Tear Down. Contractor may begin tearing down the track and loading out equipment after the service has been shut down for the evening. See section 1.7.2 for hours of operation. Tires must be completely removed from the ramp area prior to 0700 on 5 July 2012. 1.7. GENERAL INFORMATION 1.7.1. Government Remedies. The Contracting Officer (CO) shall follow FAR 52.212-4, Contract Terms and Conditions-Commercial Items, for the Contractor's failure to perform satisfactory services or failure to correct non-conforming services. 1.7.2. Hours of Operation. The Contractor shall perform the contract services between the hours of 1400 to 1900, 4 July 2012. The government representative through direct communication with the contractor reserves the right to shut down the service at an earlier time due to safety, weather, or low light issues. 1.7.3. Contract Manager. The Contractor shall provide a Contract Manager (CM) who shall be responsible for the performance of the work. The name of this person, and an alternate or alternates, who shall act for the Contractor when the manager is absent, shall be designated in writing to the CO. 1.7.3.1. The CM or alternate shall have full authority to act for the Contractor on all contract matters relating to the operation of this contract. 1.7.3.2. The CM or alternate shall be available on-site to solve any problem or issues. 1.7.3.3. The CM and alternate(s) shall be responsible for complete supervision of his/her personnel. In addition to general supervision, there shall be a responsible person present at work site. 1.7.4. Contractor Employees. The Contractor shall not employ persons for work on this contract, if such employee is identified by the CO as a potential threat to the health, safety, security, general well being, or operational mission and its population. 1.7.4.1. Conflict of Interest. The Contractor shall not employ any employee of the United States Government or the Department of Defense, either military or civilian, unless such person receives prior approval in writing from the CO. 1.7.4.2. The Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges, which contain the company name and employee name. 1.7.4.3. Base Passes. Due to the short nature of this contract, the Contractor and employees shall be signed on base by a government representative as needed to execute their duties. 1.7.5. Damage. The Contractor shall exercise care not to damage any facilities and grounds at Yokota Air Base. Any damages determined to have been caused by the Contractor shall be repaired by the Contractor at no expense to the Government. 2. SERVICES SUMMARY. Performance Objective PWS Para. Performance Threshold 1. Pick-Up and Transportation Service Para 1.2. Complete Requirement 95% of the time 2. Submittal and Reporting Para 1.4. Complete Requirement 100% of the time 3. GOVERNMENT FURNISHED PROPERTY AND SERVICES. 3.1. The Government will provide the following services on-site to enhance the operation of this contract: 3.1.1. One (1) desk clerk to take reservations for cart rides 3.1.2. Two (2) personnel to provide pre-operational safety briefings for the customers and help expedite the load in/load out of customers. 3.1.3. One (1) 20'x20' tent, one (1) aluminum table, and several folding chairs to store helmets and other pertinent items on. 3.2. The Government will provide the following services for emergency purposes only: a. Security Police Telephone 911 or 225-7227 b. Fire Protection Telephone 911 c. Hospital Emergency (Reimbursable expense) Telephone 911 3.2.1. Any time the Contractor uses one of the above services, the CM shall immediately report to the GR with all of the details. The CM shall be required to submit, in writing, within two (2) days, the details surrounding the use of this service to the CO. 4. APPENDIX. Maps and/or Site Plans (see Attachment 1) PAST PERFORMANCE REFERENCE LIST GAS POWERD GO-KARTS FOR 4th OF JULY ON 3 JULY 212 AT YOKOTA AIR BASE, JAPAN 1. Name of contracting activity 2. Name and title of point of contact (POC); Contracting Officer or/and Government Inspector/commercial project manager's phone/Fax number, and e-mail address POC Name: Title: Tel: Fax: e-mail: 3. Contract number and project title 4. Contract Type (e.g. Firm-Fixed Price, IDIQ, Requirements type) 5. Total contract value　 ¥ 6. Performance period (e.g. date/month/year through date/month/year) 7. Description of contract work performed 8. Contracting Officer's name and phone number Name: Tel: 9. Government Inspector/commercial project manager and phone number Name: Tel: In accordance with Air Force Manual 64-302, 8.1. Solicitations The offer will become a binding contract when accepted and signed by the Contracting Officer. GENERAL PROVISIONS l. DEFINITIONS (JAN 2005) As used throughout this contract, the following terms and abbreviations have the meanings set forth below: a. The term "contract" means this agreement or order and any modifications hereto. b. The abbreviation "NAFI" means Non-appropriated Fund Instrumentality of the United States Government. c. The term "Contracting Officer" means the person executing or responsible for administering this contract on behalf of the NAFI, which is a party hereto, or their successor or successors. d. The term "Contractor" means the party responsible for providing supplies and/or services at a certain price or rate to the NAFI under this contract. e. The abbreviation "FAR" means Federal Acquisition Regulation. 2. DISPUTES (NOV 2005) a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive; provided that if no such appeal is filed, the decision of the Contracting Officer shall be final and conclusive. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer. b. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. Contractors shall provide the certification specified below when submitting any claim. Any person duly authorized to bind the Contractor with respect to the claim may execute the certification. "I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor." c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 3. LAW GOVERNING CONTRACTS (JAN 2005) In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States of America. 4. LEGAL STATUS (JAN 2005) The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States. 5. EXAMINATION OF RECORDS (JAN 2005) - This clause is applicable under contracts that are entered into by means of negotiation and where price and costing data are required to support a determination of price reasonableness. This clause does not apply to commercial items or when the Contracting Officer determines that prices agreed upon are based on adequate price competition. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment. 6. ASSIGNMENT (JAN 2005) The Contractor or its assignee's rights to be paid amounts due as a result of performance of this contract, may be assigned. No assignment by the Contractor, assigning its rights or delegating its obligations under this contract will be effective and binding on the NAFI until the written terms of the assignment have been approved in writing by the Contracting Officer. 7. GRATUITIES (JAN 2005) a. The NAFI may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary of the Air Force or their duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employees of the Government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract. b. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or their duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee. c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 8. TERMINATION FOR CONVENIENCE (JAN 2005) The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2. 9. CANCELLATION BY MUTUAL AGREEMENT (JAN 2005) - Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract. 10. TERMINATION FOR CAUSE (JAN 2005) a. (1) The NAFI may, subject to paragraphs (c) and (d) below, by written notice of cause to the Contractor, terminate this contract in whole or in part if the Contractor fails to- (i) Deliver the supplies or perform the service within the time specified within this contract or any Extension; (ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a) (2) below); or (iii) Perform any of the other provisions of this contract (but see subparagraph (a) (2) below). (2) The NAFI's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of notice from the Contracting Officer specifying the failure. b. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to the NAFI for any excess costs for those supplies or services. However the Contractor must continue the work not terminated. c. The Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) act of the NAFI in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and; (9) unusually severe weather. Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence of the Contractor. d. If this contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the NAFI as directed by the Contracting Officer, any (1) Completed supplies, and (2) partially completed supplies and materials, parts, tool dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in the clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the NAFI has an interest. e. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause. The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of outstanding liens or claims of former lien holders. f. If, after termination, it is determined that the cause by the Contractor was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the NAFI. g. The rights and remedies of the NAFI in this clause are in addition to any other rights and remedies provided by law or under this contract. 11. INSPECTION AND ACCEPTANCE (Nov 2011) - Inspection and acceptance will be at destination, unless otherwise provided in this contract. Notwithstanding the requirements for any NAFI inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the NAFI, the Contractor, shall perform or have performed the inspections and tests required to substantiate that the supplies provided under the contract conform to the drawings, specifications, and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Acceptance of the supplies or services or a written notice of rejections must be accomplished on or before the third working day following delivery of the supplies or services, unless otherwise specified in this contract. 12. VARIATION IN QUANTITY (JAN 2005) No variation in quantity of any item called for by this contract will be accepted unless authorized by the Contracting Officer. 13. PARTIAL DELIVERIES (JAN 2005) - Partial deliveries are not permitted unless authorized by the terms of the contract or approved by the Contracting Officer. 14. PAYMENTS (JAN 2005) - Partial payments will be made when deliveries are authorized or as approved by the Contracting Officer. Payments and penalties for late payments are subject to the requirements established by the Prompt Payment Act, as amended, and as implemented for NAFI's. If the NAFI makes payment but such payment fails to include a prompt payment penalty due to the Contractor within 10 days from when the contract payment is made, penalty amounts will not be paid unless the Contractor makes a written request within forty days after the date of payment. 15. HOLD AND SAVE HARMLESS (JAN 2005) The Contractor shall indemnify, hold and save harmless, and defend the NAFI, its outlets and customers from any liability, claimed or established for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products or services listed in this contract, except for such claims or damages caused by, or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, Contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits, claims, charges, and expenses which arise out of acts or omissions of Contractor, its agents, representatives, or employees. 16. MODIFICATIONS (JAN 2005) No agreement or understanding to modify this contract will be binding upon the NAFI unless made in writing and signed by a Contracting Officer from the office that issued the contract or its successor. 17. TAXES (JAN 2005) a. Except as may be otherwise provided in this contract, the contract price includes all taxes, duties or other public charges in effect and applicable to this contract on the contract date, except any tax, duty, or other public charge, which by law, regulation or governmental agreement, is not applicable to expenditures made by the NAFI or on its behalf; or any tax, duty, or other public charge from which the Contractor, or any subcontractor hereunder, is exempt by law, regulation or otherwise. If any such tax, duty, or other public charge has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced. b. If for any reason, after the contract date of execution, the Contractor or subcontractor is relieved in whole or in part from the payment or the burden of any tax, duty, or other public charge included in the contract price, the contract price shall be correspondingly reduced; or if the Contractor or subcontractor is required to pay in whole or in part any tax, duty, of other public charge which was not applicable at the contract date of execution the contract price shall be correspondingly increased. 18. PROOF OF SHIPMENT (JAN 2005) (Applicable to shipments outside the United States through the Surface Deployment and Distribution Command (SDDC) and Parcel Post shipments to overseas destinations.) a. Notwithstanding any clause of this contract to the contrary, payment will be made for items not yet received, upon receipt of an invoice accompanied by an appropriate proof of shipment. If shipment is made by insured parcel post, the contractor must furnish a copy of the Insured Mail Receipt issued by the US Postal Service. Otherwise, a stamped copy of a Certificate of Mailing issued by the US Postal Service must be furnished. If shipment is made by a common carrier (rail, air or motor freight), the Contractor must furnish a signed copy of the shipping document on which items are receipted for by the common carrier. A signed receipt by a NAFI representative at the delivery point (CCP or POE) is also acceptable evidence of proof of shipment. b. Forwarding a proof of shipment and an invoice for payment by the Contractor shall be construed as a certification by the contractor that the items shipped conform to the specifications. c. Notwithstanding any provisions of this clause or any payment made pursuant to the terms of this clause prior to receipt of the items contracted for, the NAFI retains the right to inspect upon receipt and the right to reject nonconforming items. The liability of the Contractor with respect to items for which payments have been made will, after inspection by the NAFI or after the expiration of a reasonable time following delivery to the NAFI within which inspection may be made, whichever occurs first, be limited to (i) exceptions taken at the time of inspection, and (ii) latent defects, fraud, or such gross mistakes as amount to fraud. 19. COMMERCIAL WARRANTY (JAN 2005) The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NAFI by any other clause of this contract. The printed terms and conditions of such warranty will be provided to the NAFI with the delivery of any supplies covered. 20. ADVERTISEMENTS (JAN 2005) Contractor agrees that none of its nor its agent's advertisements, to include publications, merchandise, promotions, coupons, sweepstakes, contest, sales brochures, etc, shall state, infer or imply that the Contractor's products or services are approved, promoted, or endorsed by the NAFI. Any advertisement, including cents off coupons, which refers to a NAFI will contain a statement that the advertisement is neither paid for, nor sponsored in whole or in part by, the particular activity. 21. DISCOUNTS FOR PROMPT PAYMENT (JAN 2005) a. Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, offerors awarded contracts may include prompt payment discounts on individual invoices. b. In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day. 22. INVOICES (JAN 2005): a. An invoice is a written request for payment under the contract for supplies delivered or for services rendered. In order to be proper, an invoice should include (and in order to support the payment of interest penalties must include) the following: (i) Invoice date; (ii) Name of Contractor; (iii) Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total; (iv) Shipment number and date of shipment (Bill of Lading number and weight of shipment will be shown for shipments on Government Bills of Lading); (v) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment); (vi) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice; and (vii) Any other information or documentation required by other provisions of the contract (such as evidence of shipment). Invoices shall be prepared and submitted in duplicate (one copy shall be marked "Original") unless otherwise specified. b. For purposes of determining if interest begins to accrue under the PROMPT PAYMENT ACT (PUBLIC LAW 97 177): (i) A proper invoice will be deemed to have been received when it is received by the office designated in the contract for receipt of invoices and acceptance of the supplies delivered or services rendered has occurred. (ii) Payment shall be considered made on the date on which a check for such payment is dated. (iii) Payment terms (e.g., "Net 20") offered by the contractor will not be deemed required payment dates. (iv) The following periods of time will not be included: (A) After receipt of improper invoice and prior to notice of any defect or impropriety, but not to exceed three days for meat and meat food products, five days for perishable agricultural commodities, and 15 days in all other cases, and (B) Between the date of a notice of any defect or impropriety and the date a proper invoice is received. When the notice is in writing, it shall be considered made on the date shown on the notice. 23. ELECTRONIC FUND TRANSFER PAYMENTS (AUG 2007) - Federal law 31 USC requires Federal payments to be made by electronic fund transfer. Any payment made on this contract will be made using the Government Purchase Card as the method of EFT (unless otherwise specified within the contract or exempted by law). 24. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS (JAN 2005) - The Contractor shall provide immediate notice to the Contracting Officer in the event of being suspended, debarred or declared ineligible by any other Federal Department or agency, or upon receipt of a notice of proposed debarment from another DOD Agency, during the performance of this contract. 25. NON WAIVER OF DEFAULTS (JAN 2005) - Any failure by the NAFI at any time, or from time to time, to enforce or require strict performance of any terms or conditions of this contract will not constitute waiver thereof and will not affect or impair such terms or conditions in any way or the NAFI's right at any time to avail itself of such remedies as it may have for any breach or breaches of such terms and conditions. LIST OF FAR CLAUSES INCORPORATED BY REFERENCE The provisions of the following clauses set forth in the Federal Acquisition Regulation (FAR) or DoD FAR Supplement are hereby incorporated into this order or contract by reference with the same force and effect as though herein set forth in full. As used in the following clauses, the term "Government" is deleted and the abbreviation "NAFI" is substituted in lieu thereof. The date of each clause shall be the current date set forth in FAR or DoD FAR Supplement on the issuance date of this order or contract. Clauses made inapplicable by the reference or by the kind of order, contract (e.g., orders or contract for services instead of supplies) or dollar amount are self-deleting. The complete text of any clause incorporated in this order or contract by reference may be obtained from the contracting officer. CLAUSE NO. REFERENCE CLAUSE TITLE 26 52.212-4(c) Changes *27. 252.225-7041 Correspondence in English *Denotes DFARS The following clauses and provisions apply to this solicitation and are included by reference: Air Force Federal Acquisition Regulations (AFFAR): 5352.225-9004 Submission of Offers in Other than United States Currency 5352.242-9000 Contractor Access to Air Force Installations The full text of the FAR, DFAR, and AFFARS can be accessed on the Internet at http://farsite.hill.af.mil DELIVERY POINTS: CLIN 0001 374th Force Support Squadron/FSCVO Services Vehicle Operations Bldg 1290, Yokota Air Base Fussa, Tokyo 197-0001 POC: Mr. Andy Litchfield, 042-552-2511, Ext. 225-9520 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS The offeror represents and certifies as part of the offer that: (Check or complete all applicable boxes or blocks.) 1. TYPE OF BUSINESS ORGANIZATION (JUN 2001) The offeror or quoter, by checking the applicable box, represents that: (a) it operates as ( ) a corporation incorporated under the laws of the State of _______________, ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, or ( ) a joint venture. (b) if the offeror or quoter is a foreign entity, it operates as ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a joint venture, or ( ) a corporation registered for business in ________________________ (country) 2. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (JUN 2001). The offeror represents that- (a) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. llll4; (b) It ( ) has, ( ) has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. 3. AFFIRMATIVE ACTION COMPLIANCE (JUN 2001). The offeror represents (a) it ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. 4. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (JUN 2001). (a) The offeror certifies that- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory- (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above: _______________________________________________ ____________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above. (c) If the offeror deletes or modifies subparagraph (a) (2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. 5. BUY AMERICAN - TRADE AGREEMENTS - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (JUN 2001). (a) The offeror hereby certifies that each end product, except the end products listed in paragraph (b), is a domestic end product (as defined in the clause entitled "Buy American Act--, Trade Agreements Act--, and Balance of Payments Program") and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States, a designated country, a North American Free Trade Agreement (NAFTA) Country, or a Caribbean Basin country, as defined in section 25.401 of the Federal Acquisition Regulation. (b) Excluded End Products Line Item No. Country of Origin ___________ ______________ ___________ ______________ ___________ ______________ (List as necessary) (c) Offers will be evaluated by giving certain preference to domestic end products and foreign qualifying country end products, NAFTA country end products, and Caribbean Basin country end products over other end products. In order to obtain these preferences in the evaluation of each excluded end product listed in paragraph (b) of this provision, offerors must identify and certify below those excluded end products that are designated or NAFTA country end products, or Caribbean Basin country end products. Products that are not identified and certified below will not be deemed designated country end products, NAFTA country end products, or Caribbean Basin country end products. Offerors must certify by inserting the applicable line item numbers in the following: (i) The offeror certifies that the following supplies qualify as "designated of NAFTA country end products" as those terms are defined in the clause entitled "Buy American Act -- Trade Agreements Act -- Balance of Payments for Program": ____________________________________________________________ (insert line item no.) (ii) The offeror certifies that the following supplies qualify as "Caribbean Basin country end products" as that term is defined in the clause entitled "Buy American Act - Trade Agreements Act - Balance of Payments Program: ____________________________________________________________ (insert line item no.) (d) Offers will be evaluated in accordance with Part 25 of the Federal Acquisition Regulation. 6. PAYMENT ADDRESS. Offeror must set forth the address where payment is to be made if the address is different than indicated in Block 17a of SF1449 page 1. Payment is to be made to : ________________________ ________________________ ________________________ ________________________ (Name of Firm) ________________________ (By) 7. ACKNOWLEDGEMENT OF AMENDMENTS The offeror acknowledges receipt of Amendments to solicitation for offers and related documents numbers and dated as follows. Amendment No. Date ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ 8. AUTHORIZED NEGOTIATORS (JUN 2001) The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the NAFI in connection with this request for proposals or quotations: [list names, titles, and telephone numbers of the authorized negotiators]. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 9. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (JUN 2001) (a)(1) The offeror certifies, to the best of its knowledge and belief, that - (i) The offeror and/or any of its Principals - (A) Are ______ are not ______ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by and Federal Agency; (B) Have ______ have not ______, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) contract or subcontract: violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (C) Are ______ are not ______ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision. (ii) The offeror has ______ has not ______, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. (b) The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror's responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the NAFI, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) 10. TAXPAYER IDENTIFICATION (JUN 2001) (a) Definitions. "Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services. "Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns. (b) All offerors are required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). (c) Taxpayer Identification Number (TIN). _ TIN:________________. _ TIN has been applied for. _ TIN is not required because: _ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.; _ Offeror is an agency or instrumentality of a foreign government; _ Offeror is an agency or instrumentality of a Federal, state, or local government; _ Other. State basis. (d) Corporate Status. _ Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services; _ Other corporate entity; _ Not a corporate entity; _ Sole proprietorship _ Partnership _ Hospital or extended are facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a). (e) Common Parent. _ Offeror is not owned or controlled by a common parent as described in paragraph (a) of this clause. _ Name and TIN of common parent: Name________________________ TIN ________________________ (End of provision) BILL TO: MR. MASAHIKO YAMASHITA ACCOUNTING PAYABLE SECTION 374TH MISSION SUPPORT GROUP/SVFA Bldg 316 (Rm. 157), Yokota Air Base Fussa, Tokyo 197-0001 Japan Tel: 042-552-2510 Ext. 5-9931 PAYMENT STATUS/PROBLEMS/DISPUTES MUST BE REFERRED TO: (Include both Invoice & Proof of Delivery to expedite payment.) HQ AFSVA/SVTEA (ACCOUNTS PAYABLE) 10100 REUNION PLACE, SUITE 725 SAN ANTONIO, TX 78216-4138 Phone: 210-652-5566 Fax: 210-652-2886 E-mail: AP.Invoices@AFSV.net Additional Information Type: Other (Draft RFPs/RFIs, Responses to Questions, etc..) Contracting Office Address: 374th Contracting Squadron/LGCBB Bldg 620, Yokota Air Base Fussa-shi, Tokyo 197-0001 Japan Place of Performance: 374th FSS/FSCVO (NAF) Bldg 1290, Yokota Air Base Fussa-shi, 197-0001 Japan Primary Point of Contact.: Brittany Barlow Contract Specialist brittany.barlow@us.af.mil Phone: 042-552-9077 Secondary Point of Contact: Keisuke Kiyotaka keisuke.kiyotaka.jp@us.af.mil Phone: 042-552-3014
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/USAF/PAF/374CONS/FA5209-12-Q-1005/listing.html)
 

Place of Performance

Address: Yokota Air Base, Fussa, Non-U.S., 197-0001, Japan
 

Record

SN02757030-W 20120526/120524235102-e30756a90e3558bf68a874f6436647f0 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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