3 RFP-FA520924R8000_Final-R2.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. 22

5. SOLICITATION NUMBER

FA520924R8000

YURI TAKASHIMA

042-553-8549

FA5209

15. DELIVER TO 16. ADMINISTERED BY

See Schedule

374th Contracting Squadron Specialized Flight Bldg 620, Yokota Air Base, Fussa-shi, Tokyo, 197-0001, Japan

27 Nov 2023

LOCAL TIME

28 Dec 2023

11:00 AM

221210

Page 2 of 22 Solicitation No.

FA520924R8000

This solicitation is for natural gas supply (city gas) issued by 374th Contracting Squadron (374 CONS). This announcement constitutes the solicitation; proposals are being requested.

The solicitation number is: FA520924R8000 issued as a Request for Proposal (RFP).

1. REQUIREMENT:

Item Supplies/Service Period 0001 Natural Gas Supply

See the following paragraphs for more details.

See Exhibit A, Pricing Schedule, for Qty, Unit Price, and Amount.

Product Service Code (PSC): 6830

1 May 2024 through 30 Apr 2029 (5 years)

1.1 Natural gas supply shall be provided to the following service location:

- Cogeneration Plant, Bldg. 3030, at Yokosuka Naval Base, Japan

1.2 The Contractor shall provide all personnel, equipment, tools, materials, supervision and other items and services necessary to provide natural gas, twenty four (24) hours a day, seven (7) days a week, to the Cogeneration Plant, Bldg. #3030 at Yokosuka Naval Base via gas pipeline.

1.3 The Contractor shall conduct periodic and emergency inspections on the US Government-owned gas line from Yokosuka Naval Base property boundary to the on-base facility connection point in accordance with Japanese Gas Business Act (Act No. 51 of March 31, 1954) and all other relevant laws. The distance from the existing gas supply point at the property boundary near Route 16 to the facility connection point is approximately 100 meters.

2. PERIOD OF PERFORMANCE/ORDER:

1 May 2024 through 30 Apr 2029 (5 years) ** This is to satisfy minimum guarantee requirement set forth in Attachment 1, Technical Description (TD). The Contractor is required to attend Post-Award Conference. (Date: To be determined)

3. TECHNICAL DATA/REQUIREMENTS:

See attachment (Atch) 1, Technical Descriptions

4. PRICE:

4.1 All prices shall be exclusive of any taxes and dues from which the US Government is exempt under the Agreement under article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America, Regarding Facilities and Areas and The Status of United Status of Armed Forces in Japan (SOFA).

Page 3 of 22 Solicitation No.

4.2 The proposal shall be submitted in accordance with the price schedule set forth in Exhibit A, Price Schedule, including the fixed basic charge, unit price, extended estimate amount, and total price of each item period and grand total over the contract period.

4.3 Gas Resource Base is ¥57,300/ton

4.4 Unit price is subject to market price change, and it may be revised in accordance with Para 2 of Atch 1, Technical Description for Natural Gas at Yokosuka Naval Base.

4.5 For evaluation purpose, Fuel Expense Adjustment Cost and Renewable Energy Surcharge shall not be included in the prices, and a power factor assumes ±0.

4.6 The Estimated Annual Consumption is 52,100,000m3. The Total Estimated Consumption is 260,500,000m3. See Attachment 2, Estimated Consumption.

4.7 Total maximum amount is 310,000,000m3 for the life of contract.

4.8 Minimum guarantee is ¥50,000 for the first year of the contract.

5. APPLICABLE CLAUSES: The following clauses are hereby incorporated:

FAR 52.212-4 – Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (Nov 2023) In accordance with Federal Acquisition Regulation (FAR) 52.212-5, the following applicable FAR clauses are incorporated by reference to implement provisions of Law or Executive Orders applicable to this commercial products acquisition:

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub.

L. 115-91).

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

Page 4 of 22 Solicitation No.

52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C.

3509)).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (c) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

Page 5 of 22 Solicitation No.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

Order Limitations

Guaranteed Minimum Amount. The contract guarantees a minimum amount of ¥50,000 for the life of the contract. Upon award of the contract, a delivery order for the guaranteed minimum amount of ¥50,000 will be placed to the Contractor as a record of obligation. See paragraph 1.1.

of Attachment 1, Technical Description, and Attachment 2, Estimated Consumption for projected gas volume.

Indefinite Quantity.

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 30 Apr 2029.

ORDERING:

Page 6 of 22 Solicitation No.

Annual Estimate Order: An annual Estimate Order will be issued each year (prior to gas being supplied) to inform the Contractor of the estimated quantity, estimated monthly usage, and unit price fixed in Exhibit A, Pricing Schedule for the year.

6. TAXES:

6.1 Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the Government of Japan have agreed shall not be applicable to expenditures in Japan by or on behalf of the United States.

6.2 The Status of Forces Agreement between Japan and the United States and implementing the Japanese laws authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces. Those taxes include

(1) Consumption tax, (2) Gasoline tax and local road tax on gasoline, (3) Diesel oil tax, and (4) Liquefied petroleum gas tax.

7. STANDARD FORM 1034, PAYMENT AND INVOICES

7.1 Standard Form (SF) 1034, Public Voucher for Purchase and Services Other Than Personal, shall be sent to the Contractor to claim the tax exemption. The Payment Office, Defense Finance and Accounting Services (DFAS), shall send SF1034 to the e-mail address shown in the Electric Funds Transfer Form submitted by the Contractor.

7.2 Invoices shall be addressed to:

NAVFAC FE PRY32 Bldg1805 3F Ichibanchi, Tomari-cho, Yokosuka-shi, Kanagawa 238-0001

PSC473 BOX13

FPO AP 96349

ATTN: Mr. Junji Ishii, NAVFAC FE, PWD Yokosuka, Utility and Energy Management Department, PRY32 (PRY321C) Email: junji.ishii.ln@us.navy.mil

7.3 Payments will be made by:

DFAS JAPAN/JRJC

NAVY AND MARINE CORPS ACCOUNTS PAYABLE

UNIT 5220, BLDG 210 APO AP 96328-5220

CODE: HQ0721

8 COMPTROLLER GENERAL EXAMINATION OF RECORD:

Page 7 of 22 Solicitation No.

The Contractor shall comply with the provisions of this section (10) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

8.1 The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

8.2 The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

8.3 As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

9. LEGAL SUCCESSOR:

9.1 The Contractor may transfer rights and obligations to a legal successor with the written consent of the Contracting Officer only. This consent may be withheld only if and when the successor does not afford reliable assurance of performing this contract.

9.2 The Contractor shall submit to the Contracting Officer three signed copies of the proposed Novation Agreement and one copy each, as applicable, of the following:

(a) The document describing the proposed transaction, e.g., purchase/sale agreement or memorandum of understanding

(b) A list of all affected contracts between the transferor and the US Government, as of the date of sale or transfer of assets, showing for each, as of the date, the –

(1) Contract number and type;

(2) Name and address of the contracting office;

(3) Total dollar value, as amended; and

(4) Approximate remaining unpaid balance.

(c) Evidence of the transferee’s capability to perform.

(d) Any other relevant information requested by the responsible contracting officer.

Page 8 of 22 Solicitation No.

9.3 The Contractor shall submit to the contracting officer one copy of each of the following documents, as applicable, as the documents become available:

(a) An authenticated copy of the instrument effecting the transfer of assets; e.g., bill of sale, certificate of merger, contract, deed, agreement, or court decree.

(b) A certified copy of each resolution of the corporate parties’ boards of directors authorizing the transfer of assets.

(c) A certified copy of the minutes of each corporate party’s stockholder meeting necessary to approve the transfer of assets.

(d) An authenticated copy of the transferee’s certificate and articles of incorporation, if a corporation was formed for the purpose of receiving the assets involved in performing the US Government contracts.

(e) The opinion of legal counsel for the transferor and transferee stating that the transfer was properly effected under applicable law and the effective date of transfer.

(f) Balance sheets of the transferor and transferee as of the dates immediately before and after the transfer of assets, audited by independent accountants.

(g) Evidence that any security clearance requirements have been met.

(h) The consent of sureties on all contracts listed under paragraph 9.3. if bonds are required or a statement from the transferor that none are required.

10. APPLICATION OF JAPANESE LAW, AGREEMENT, AND PROVISIONS:

10.1 Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America, Regarding Facilities and Areas and The Status of United Status of Armed Forces in Japan (SOFA) shall be integral parts of the contract.

10.2 The most current versions of the Transportation Service provisions of Tokyo Gas Network Co. Ltd., formulated pursuant to the Article 48 of the provision of an Ordinance of the Ministry of Economy, Trade and Industry (METI), and approved by METI. (The most current version of the provision is dated 1 Jun 2023, as of Sep 2023)

10.3 Matters or doubts not provided in this contract shall be decided by the conference between delegates of the parties concerned with this contract.

11. CONCIALIATION, CLAIMS:

11.1 Conciliation. Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII

Page 9 of 22 Solicitation No.

of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the Contractor shall be made in accordance with the following procedures:

(a) In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the clause of this contract entitled, “Disputes” and within the time limits described therein before filing a request for conciliation with the Joint Committee and then request the appellate authority under the “Disputes” clause to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(b) The request for conciliation will be submitted by the Contractor through the nearest

Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

(c) In the event the disagreement submitted to the Joint Committee under subparagraph (b) above has been resolved through conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the clause of this contract entitled, “Disputes”, of the settlement of the dispute and to withdraw his appeal.

(d) In the event the Contractor has submitted a request for conciliation to the Joint

Committee under subparagraph (b) above desires, notwithstanding tendency of his request for conciliation, that action by the appropriate authority under the clause of this contract entitled, “Disputes”, be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the Contractor of his action taken hereunder.

(e) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled, “Disputes”, has been rendered. Pending the hearing of the conciliation panel, the Contractor shall proceed diligently with the performance of the contract in accordance with the Contracting Officer’s decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file in a civil suit.

12. OMBUDSMAN:

12.1 An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

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12.2 Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.

Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

12.3 If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, AFICC/KH (Chief Enlisted Manager) 25 E Street, Suite B-100

JBPH-H, HI 96853-5427

Phone: (808) 449-8569

FAX: (808) 449-8571

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

12.4 The ombudsman has no authority to render a decision that binds the agency.

12.5 Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

12.6 The US Government reserves the right to set-off/withhold payment if there is an issue with a claim against the Contractor (e.g. overpayment, damages, etc.)

13. CONTRACTING OFFICE:

13.1 Contract administration will be performed by 374th Contracting Squadron (374 CONS).

13.1.1 The address of the Contracting Office:

374th Contracting Squadron Specialized Flight Bldg 620 Yokota Air Base Fussa-shi, Tokyo, 197-0001, Japan

The envelope shall be marked “For Official Business”.

13.1.2 POINTS OF CONTACT:

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Contracting Officer: Ms. Izumi Ito Tel DSN: 225-7628 Email: izumi.ito.jp@us.af.mil

Contract Specialist: Ms. Autumn B. Johnson Tel. DSN: 225-4753 Email: autumn.johnson.4@us.af.mil

Contract Specialist: Ms. Yuri Takashima Tel. DSN: 225-7102 Email: yuri.takashima.jp@us.af.mil

DSN Fax: 225-3346 Commercial Tel: 042-553-8549 Commercial Fax: 042-551-0973

13.2 Technical Representative:

NAVFAC Far East is designated as “Technical Representative” of the Contacting Officer for accepting and inspect services, verifying and certifying invoices, technical matters, and other tasks designated by the Contracting Officer.

13.2.1 POINTS OF CONTACT

Technical Representative: NAVFAC Far East (Mr. Peter Ly or other designated persons) Tel. DSN: 243-6397/Commercial 046-816-6397 Email: peter.p.ly@us.navy.mil

14. CONTRACTOR ACCESS TO US NAVY INSTALLATIONS:

14.1 Security Requirement: The Contractor must comply with all security requirements imposed by the local installation commander at all times while performing the requirements of this contract on this military installation. The prime contractor is responsible for understanding and ensuring contractor employees and subcontractor compliance with the Commander Fleet Activities Yokosuka Security Regulations.

14.2 Base Passes: The U.S. Government will issue all required Installation/Base Passes to Contractor personnel at no cost to the Contractor. Vehicle insurance certificates are required to obtain Base Passes and must cover the automobile liability insurance in the types and minimum amounts of (a) Bodily Injury - ¥30,000,000 per person per occurrence, in addition to the Japanese Compulsory Insurance (JCI), and (b) Property Damage - ¥3,000,000 per occurrence.

The prime Contractor shall be responsible for all passes issued to his/her own or subcontractor's employees under this contract. As an escorting agency to the installation, the Contractor shall attend required inspections, investigations, and all maintenance and repair works that the Gas Transportation Service Provider and their subcontractors conduct to pursue the Gas Business Act

Page 12 of 22 Solicitation No.

that states a gas retailer must cooperate the Gas Transportation Service Provider and their subcontractors to ensure a steady implementation of the works. The Contractor shall return all applicable passes upon termination of employment or completion of this contract to the Pass Section, and a certificate of receipt shall be obtained.

14.3 Prime Contractor’s Responsibilities: The prime Contractor shall be responsible to escort their sub-contractors for inspections, meter reading or any other required on-site works.

Providing base passes to their subcontractors, providing information of base safety rules, and submission of required documents or reports in English is the prime Contractor’s responsibilities.

14.4 Safety: The Contractor shall comply with applicable industry standards, and practices for safety to perform the services in the contract. The Contractor's personnel shall take all reasonable steps and precautions to prevent accidents during the performance.

14.5 Security Force and Fire Protection:

14.5.1 Upon request for assistance, the following units will provide services on base as necessary:

(a) Base Security Forces Telephone 242-9118 (911 for Emergency)

(b) Base Fire Department Telephone 243-5292 (911 for Emergency)

(c) Base Hospital Emergency (Reimbursable expense) Telephone 911

14.6 Any time the Contractor uses one of the above services, the Contractor's POC shall immediately report to the Contracting Officer or the Technical Representative with all of the details. The POC will be required to submit, in writing, within two (2) days, the details surrounding the use of this service to the Contracting Officer.

15. FUNDING:

The US Government’s obligation under this contract continuation is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the US Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

16. CORRESPONDENCE IN ENGLISH:

The Contractor shall submit all contract correspondence to the US Government in English or with an English translation.

17. OTHER CONDITIONS:

The Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database and for any liability resulting from the government’s reliance on inaccurate or incomplete data. To remain registered

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in the SAM database after the initial registration, the contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of the contract and is not a substitute for a properly executed contractual document. Offerors may obtain information on registration and annual confirmation requirements via the Internet at https://www.sam.gov/.

18. REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS

18.1 Definition. “Covered DoD official,” as used in this clause, means an individual that—

(1) Leaves or left DoD service on or after January 28, 2008; and

(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served—

(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;

(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or

(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or

(ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.

18.2 The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.

18.3 Failure by the Contractor to comply with paragraph 18.2 of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C.

2105(c).

PROVISIONS

19. ANTICIPATED CONTRACT TYPE:

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The US Government anticipates to award a firm fixed-price Indefinite Delivery Indefinite Quantity (IDIQ) contract.

20. OTHER INFORMATION TO OFFERORS:

20.1 See Atch 2, Estimated Consumption, for monthly average consumption and maximum flow basis based on historical data.

20.2 The service location (bldg. 3030) at Yokosuka Naval Base is connected to the natural gas of Tokyo Gas Network.

20.3 No supplier subcontracting will be permissible in this contract.

20.4 In addition to any other terms contained in this solicitation, the following terms and conditions apply; offerors are advised to complete the necessary fill-ins where applicable.

20.5 Solicitation provisions will be physically removed from any resultant award, but will be deemed to be incorporated by reference in that award.

21. INSTRUCTIONS TO OFFERORS:

21.1 To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, in addition to those identified as evaluation factors or subfactors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I – Summary and Miscellaneous Data, Part II – Price Proposal, and Part III – Technical Proposal.

21.2 The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit cost data to the extent necessary for the Contracting Officer to determine the reasonableness and affordability of the price.

21.3 An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation.

21.4 Specific Instructions: The submission may be made by email or facsimile.

21.5 Offerors are advised to return the following documents:

21.5.1 Part I – Summary and Miscellaneous Data

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(a) Signed proposal (Solicitation No. FA520924R8000). In doing so, the offeror agrees to the contract terms and conditons as written in the solicitation with attachments.

(1) Complete the paragraph 25 fill-ins in provisions Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, and

(2) the fill-ins in the on-line Representations and Certifications at www.sam.gov.

(3) The signed proposal shall also include the signed date, UEI number, CAGE code, and address filled in

(b) Copy of the current financial statement (Kessan Houkoku-sho in Japanese) for adequate financial resources.

(c) Submit an acknowledgment of the all solicitation amendments, if issued.

21.5.2 Part II – Price Proposal

Exhibit A, Pricing Schedule. Insert proposed unit, extended and total price in the Pricing Schedule. The proposal(s) must be submitted for five (5) years by completing with proposed unit price, extended amount for Item No. A001 ~A401, and the total price. The extended amount must equal the yen unit price multiplied by the number of Estimate Consumption Amount.

Japanese consumption tax shall not be included. Basic Charge and Unit Price shall be the third decimal place. Price Structure can be a basic charge and a unit price or a unit price only. For evaluation purpose, Fuel Expense Adjustment Cost and Renewable Energy Surcharge shall not be included in the prices, and a power factor assumes ±0.

21.5.3 Part III – Technical Proposal

The contractor shall submit a Technical Proposal which includes the following items:

(a) Contract Management Ability. Technical proposal should include an organizational chart and describe functions, responsibilities, and authorities for performing such duties as overall contract management and quality control. Technical proposal shall specify hiring criteria (skill levels, experience, and background) for personnel in these positions.

(b) Quality Control: Technical proposal should include a summary quality control plan that will be expanded after award into the formal Quality Control Program Plan. This plan should be broad enough to address all aspects of quality control, including responsibility for surveillance of work by both subcontractors and in-house quality control inspectors, process for acceptance, rejection, documentation and resolution of deficiencies for work performed by in-house work force or subcontractors, trend analysis, corrective action to identify poor performance by any work staff, and the plan for interface with Government inspectors.

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(c) Start-up and phase-in schedule. Technical proposal should include a start-up and phase-in schedule based on the expected contract award date of 31 Jan 2024 at the latest.

(d) Licenses. Technical proposal should include a copy of licenses evidencing registration with the Ministry of Economy, Trade, and Industry, Government of Japan or its subordinate office in accordance with Japanese Gas Business Act.

(e) An Emergency Response Plan to address system failures and catastrophic events, and a

Security Plan to address Anti-terrorism and other 3rd party attacks on the Contractor’s gas distribution system located outside Yokosuka Naval Base which is used to serve the Navy Facilities.

21.6 The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.

22. EVALUATION OF PROPOSALS:

22.1 The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factor considered. The following factor shall be used to evaluate offers:

(a) Price

(b) Technical Acceptability

22.2 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.

23. CLOSING DATE FOR RECEIPT OF PROPOSALS:

23.1 Proposals shall only be submitted electronically by email or facsimile no later than 28 Dec 2023, 11:00 hours Japan Standard Time to each of the following email addresses izumi.ito.jp@us.af.mil, autumn.johnson.4@us.af.mil, and yuri.takashima.jp@us.af.mil. Late submission will be handled as follows:

(a) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the US Government office designated in the solicitation by the time specified in paragraph 23.1. above.

(b) Any offer, modification, revision, or withdrawal of an offer received at the US

Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the

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Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the US Government infrastructure not later than 16:00 p.m. one working day prior to the date specified for receipt of offers; or

(2) There is acceptable evidence to establish that it was received at the US Government installation designated for receipt of offers and was under the US Government’s control prior to the time set for receipt of offers; or

(3) If this solicitation is a request for proposal, it was the only proposal received.

(4) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the US Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the US Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of US Government personnel.

(d) If an emergency or unanticipated event interrupts normal US Government processes so that offers cannot be received at the US Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent US Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal US Government processes resume.

(e) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. As the solicitation authorizes electronic offers or facsimile offers, offers may be withdrawn electronically or via facsimile received at any time before the exact time set for receipt of offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

24. DISCUSSIONS AND AWARD:

24.1 DISCUSSIONS:

The US Government intends to evaluate proposals and award a contract without discussions.

Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price standpoint and submit all required documents. However, if during the evaluation period, it is determined to be in the best interest of the US Government to hold discussions, the US Government may open discussions with the offerors consistent with the evaluation criteria in paragraph 22 and 24 in this solicitation. Discussions may be opened to resolve any potential

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mistakes contained in the offeror’s proposal, to clarify or revise pricing, or any other aspect of the proposals that may lead to a better understanding of the offeror’s proposals.

24.2 AWARD:

24.2.1 BASIS FOR CONTRACT AWARD: This is a competitive Lowest Price Technically Acceptable (LPTA) source selection. By submission of its offer in accordance with the instructions provided in paragraph 21, Instructions to Offerors, above, the offeror accedes to the terms and conditions as written in the solicitation. All technically acceptable offers will be treated equally except for price. Failure to meet a requirement may result in an offer being determined “Unacceptable.” Award will be made to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. The Government will select the lowest total price offer that meets the acceptability standards for non-price factor (Technical Proposal). The evaluation process will include the following:

(a) Price Evaluation. The Government will rank offers by the total offer price. The price evaluation will document the fairness and reasonableness of the total offer price. The offeror’s total proposed price will be Total Estimate Amount shown in Exhibit A, Pricing Schedule, addition to Estimate Amount of Item No. A001 thru A401 for five (5) years.

The Estimate Amount is determined by multiplying the estimate consumption amount by both unit price and a basic charge, or by multiplying the estimate consumption amount by unit price only. If proposed price structure is a unit price only, a basic charge can leave blank. The proposal must be submitted for all CLINs, A001 thru A401.

(b) Technical Acceptability. Technical proposals from offerors will first be evaluated to determine technical acceptability. The Government’s technical evaluation team shall evaluate the technical proposals on an acceptable or unacceptable basis, assigning one of the ratings described below for each subfactor. Any subfactor evaluated as “Unacceptable” will render the entire proposal unacceptable and, therefore, unawardable.

Only those proposals determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. However, the offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion. Proposals that are so incomplete as to indicate a lack of understanding of the requirements or lack of a clear plan to accomplish it may be rejected without further consideration. Technical acceptability includes personnel capability, and an understanding of the requirement. This is a pass/fail determination based on comparison of the offeror’s proposal to pre-established standards. Failure in any of these areas will cause the proposal to be rejected. The following listed are evaluation factors that shall be used in the evaluation process:

(1) Contract Management Ability. Technical proposal should include an organizational chart and describe functions, responsibilities, and authorities for performing such duties as overall contract management and quality control. Technical proposal shall specify hiring criteria (skill levels, experience, and background) for personnel in these positions. Standard is met when the organizational chart and other information demonstrate that the Contractor understands the Technical Description and has the management ability to perform this contract.

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(2) Quality Control: Technical proposal should include a summary quality control plan that will be expanded after award into the formal Quality Control Program Plan. This plan should be broad enough to address all aspects of quality control, including responsibility for surveillance of work by both subcontractors and in-house quality control inspectors, process for acceptance, rejection, documentation and resolution of deficiencies for work performed by in-house work force or subcontractors, trend analysis, corrective action to identify poor performance by any work staff, and the plan for interface with Government inspectors. Standard is met when the quality control plan sufficiently explains that the offeror understands the requirement and is able to perform this contract.

(3) Start-up and phase-in schedule. Technical proposal should include a start-up and phase-in schedule based on the expected contract award date of 31 Jan 2024 at the latest. Standard is met when a start-up and phase-in schedule is realistic and demonstrates that the Contractor is able to start on site performance on 1 May 2024.

(4) Licenses. Technical proposal should include a copy of licenses evidencing registration with the Ministry of Economy, Trade, and Industry, Government of Japan or its subordinate office in accordance with Japanese Gas Business Act. Standard is met when a copy of the valid licenses is attached.

(5) An Emergency Response Plan and a Security Plan. The Contractor will be required to develop and maintain an Emergency Response Plan to address system failures and catastrophic events. The Contractor shall develop and maintain a Security Plan to address Anti-terrorism and other 3rd party attacks on the Contractor’s gas distribution system located outside Yokosuka Naval Base which is used to serve the Navy Facilities. Standard is met when an Emergency Response Plan sufficiently explains how to respond to system failures and catastrophic events in emergencies and a Security Plan sufficialy explains how to prevent and respond to Anti-terrorism and other 3rd party attacks on the Contractor’s gas distirbution system located outside Yokosuka Naval Base which is used to serve the Navy Facilities.

Technical proposal which fails to provide all the listed documents above shall be rated as "Unacceptable" and will not be considered for award. The Government will use the following technical acceptable/unacceptable ratings definitions when assigning technical overall ratings of Acceptable or Unacceptable.

Rating Definition:

Acceptable Proposal clearly meets the standards Unacceptable Proposal does not clearly meet the standards

25. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at

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52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user…