3 Solicitation FA520921R8000 20210616.pdf

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FA520921R8000

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

The solicitation number is: FA520921R8000 issued as a Request for Proposal (RFP).

1. REQUIREMENT:

1.1 LNG supply shall be provided to the following service location:

- LNG satellite truck off-loading station No.1 and No.2 at Misawa Air Base

1.2 The contractor shall provide all personnel, equipment, tools, materials, supervision, and services necessary to provide LNG to the designated supply point at Misawa Air Base. The designated supply point is located at LNG satellite truck off-loading station No.1 and No.2. The contractor shall deliver gas in accordance with Japanese High Pressure Gas Safety Act (Act No.

204 of June 7, 1951) and all other relevant laws.

2. PERIOD OF PERFORMANCE/ORDER:

1 Jul 2021 through 30 Jun 2027 (6 years)

** The first year is mobilization period. This is to satisfy minimum guarantee requirement set forth in Attachment 1, Statement of Work (SOW). Contractor is required to attend Post-Award Conference. (Date: TBD)

3. TECHNICAL DATA/REQUIREMENTS:

See Attachment (Atch) 1, Statement of Work (SOW)

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 States Armed Forces in Japan (SOFA).

4.2 Unit price is subject to market price change, and it may be revised in accordance with Para 2 of Atch 1, SOW.

4.3 Unit prices shall be the second decimal place (yen/Metric ton).

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

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

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FAR 52.212-4 – Contract Terms and Conditions—Commercial Items

FAR 52.212-5 – Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

(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 items

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115- 232).

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

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 (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402

52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509)).

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (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 (Oct 2020) (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).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408

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52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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 (Oct 2018) (31 U.S.C. 3332).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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.

(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.

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.

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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 attach a copy of contractor’s invoice when they send SF 1034 to the address designated by the Contractor.

7.2 Invoices shall be addressed to:

Ms. Seina Matsukura

Installation Utility Data Manager Office: 35CES/CENPE Email: seina.matsukura.jp@us.af.mil

DSN: 226-3252

Commercial: Japan: 0176-77-3252

7.3 Payments will be made by:

DFAS DEAMS – F87700

ACCTG DSIB STA NR 387700

DFAS DEAMS

27 ARKANSAS RD

LIMESTONE ME, 04751-6216 UNITED STATES

8. INSPECTION/ACCEPTANCE:

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. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(a) Within a reasonable time after the defect was discovered or should have been discovered;

and

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(b) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

9. RESERVED:

10. LEGAL SUCCESSOR:

10.1 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.

10.2 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.

10.3 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.

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(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 10.2(b). if bonds are required or a statement from the transferor that none are required.

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

11.1 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 States Armed Forces in Japan (SOFA) shall be integral parts of the contract.

11.2 The contractor shall deliver gas in accordance with Japanese High Pressure Gas Safety Act (Act No. 204 of June 7, 1951) and all other relevant laws. The Government adheres to the act and all other referenced laws.

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

12. CONCILIATION, CLAIMS:

12.1 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 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.

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(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.

13. OMBUDSMAN:

13.1 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.

13.2 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).

13.3 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

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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.

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

13.5 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.

13.6 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.).

14. CONTRACTING OFFICE:

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

14.1.1 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”.

14.1.2 POINTS OF CONTACT:

Contracting Officer: Mr. Joshua B. Grubb Tel. DSN: 225-7499 Email: joshua.grubb@us.af.mil

Contract Specialist: Ms. Kayoko Seta Tel. DSN: 225-7631 Email: kayoko.seta.jp@us.af.mil

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

14.2 Technical Representative of the Contracting Officer:

35 CES/CENPE, 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.

mailto:joshua.grubb@us.af.mil mailto:kayoko.seta.jp@us.af.mil

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14.2.1 POINTS OF CONTACT

Technical Representative:

35 CES/CENPE

Ms. Seina Matsukura DSN: 315-226-3252 / Commercial: 0176-77-3252 Email: seina.matsukura.jp@us.af.mil

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

18.1.1 Participated personally and substantially in an acquisition with a value in excess of $10 million, and serves or served in an Executive Schedule, Senior Executive Service, general or flag officer (grade O-7 and above) position, or https://www.sam.gov/

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18.1.2 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 Failure by the contractor to comply with paragraph 18.1.2 above may subject the contractor to rescission of this contract, suspension, or debarment from future business with the US Government IAW applicable laws and regulations.

PROVISIONS

19. ANTICIPATED CONTRACT TYPE:

The US Government anticipates to award a firm fixed-price contract.

20. OTHER INFORMATION TO OFFERORS:

20.1 See Appendix A, Standard Consumption, of Atch 1, SOW, for monthly average consumption.

20.2 The service locations are depicted in Atch 2, Supply Point Drawing.

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 adequate price competition exists, no additional cost

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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 The submission may be made by email or facsimil.

21.5 Offerors are advised to return the following documents:

21.5.1 Part I – Summary and Miscellaneous Data

(a) Signed proposal (Solicitation No. FA520921R8000). 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 FAR 52-204-24 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, DUNS number, CAGE code, and address filled in

(b) Copy of the current financial statement 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 six (6) years, Item No. A001 ~ A501, by completing with proposed Unit price, Monthly Basic Price, if applicable, extended amount of Unit Price and Monthly Basic Price, if applicable, and the Total.

Item A101 ~ A501: The extended amount for Monthly Basic Price (Yearly Basic Price) must equal the Monthly Basic Price multiply by 12 months. The extended amount for the Unit Price must equal the Unit Price adding CIF, then multiplied by the number of Estimated Quantity. The Total is an addition of the extended amount for Monthly Basic Price and the Unit Price. The Grand Total is an addition of Total A001 and Total to each percentage for Item A101~ A501. Offeror can choose the “% to Total Est. Quantity” associated to the “Est.

Quantity” amount to insert Unit Price. First, choose the “% to Total Est. Quantity” associated to the “Est. Quantity” as offeror’s maximum supply amount, and insert its “Unit Price” and the extended amount. Offeror shall insert unit prices and the extended amounts to all smaller http://www.sam.gov/

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percentages than “% to Total Est. Quantity” the offeror chose first. Once choose the percentage, offeror must propose on all the “% to Total Est. Quantity” for 5 years.

The lastly, insert Grand Total for each percentage amount. For example, if an offeror chooses 80% of “% to Total Est. Quantity” as offerors maximum supply amount in Item No. A101, the offeror insert “Unit Price”, the extended amount to the 80% to Total Est. Quantity, and the total. Then the offeror shall insert “Unit Price”, the extended amount, and the total to all smaller percentage than 80% of % to Total Est. Quantity, 70%, 50%, 30, and 20% to Total Est. Quantity. Offeror must choose 80% of “% to Total Est. Quantity” for the rest of Item, A201, A301, A401 and A501 as offeror’s maximum supply amount. Japanese consumption tax shall not be included. For evaluation purpose, tentative LNG Import CIF (Cost, Insurance, and Freight) price is pre-stated in the Pricing Schedule. Unit Price includes all costs except Japanese consumption tax and LNG Import CIF. Unit prices, the extended prices, and total shall be to the second decimal place.

21.5.3 Part III – Technical Proposal

Truck Delivery Plan - The contractor shall submit a truck delivery plan in accordance with NFPA 59A, ISO 12991, or the Japanese High Pressure Gas Safety Act. The truck delivery plan includes the following items:

1. Specifications of transport truck (A pressurizing evaporator device shall be equipped to a truck.)

2. Copy of vehicle verification, if available

3. Delivery route from off post LNG plant to Misawa Air Base.

4. Approximate delivery time

5. Items of safety check before unloading

6. Unloading operating time

7. LNG composition data certificate

21.6 The offeror agrees to hold the prices in its offer firm for 120 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 is will be most advantageous to the Government, price and other factor considered. The Government, however, reserve the right to award multiple award. 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

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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 21 JUL 2021, 14:00 hours Japan Standard Time to each of the following email addresses:

joshua.grubb@us.af.mil, and kayoko.seta.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 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.

mailto:kayoko.seta.jp@us.af.mil

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(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:

24.1.1 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 item 22 above. Discussions may be opened to resolve any potential 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 proposal.

24.1.2 By submitting a proposal to the US Government the offeror has agreed to all terms and conditions included in this solicitation.

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 of this model contract. 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(s) whose offer conforming to the solicitation will be most advantageous to the Government. The Government will select the lowest total price offer(s) 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 all 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 Grand Total amount shown in Exhibit A, Pricing Schedule, an addition of Total A001 and Total to each percentage for Item A101~ A501.

Offerors can choose the “% to Total Est. Quantity” associated to the “Est. Quantity” amount to insert Unit Price. The Total is determined by an addition of the extended amount for Monthly Basic Price and the Unit Price.

(b) 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

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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.

(1) Subfactor:

Truck Delivery Plan - The contractor shall submit a truck delivery plan in accordance with NFPA 59A, ISO 12991, or the Japanese High Pressure Gas Safety Act. The truck delivery plan includes the following items:

1. Specifications of transport truck (A pressurizing evaporator device shall be equipped to a truck.)

2. Copy of vehicle verification, if available

3. Delivery route from off post LNG plant to Misawa Air Base.

4. Approximate delivery time

5. Items of safety check before unloading

6. Unloading operating time

7. LNG composition data certificate

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 meets the standards

24.2.2 Multiple Awards Determination. The Government reserves the right to make multiple awards from this solicitation. Offerors will be evaluated from their proposed price with the “% to Total Est. Quantity”. This may result in awarding multiple contracts from the offerors proposed percent combinations that will be the lowest cost and risk to the Government.

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

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 the provision at 52.204-26, Covered

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Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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 data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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 data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

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(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

Issued on: 17 June 2021

Joshua B Grubb Contracting Officer

Offeror’s Information:

Address:

DUNS:

NCAGE:

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Signature and Name/Title of Person authorized to sign Date Company Name:

Exhibit/Atch(s) Exhibit A, Pricing Schedule Atch 1, Statement of Work for Liquefied Natural Gas Delivery at Misawa Air Base Atch 2, Supply Point Drawing Atch 3, Driving Route