A.2.11.3 - W912HV20B0007-RepairToriiWaterslide-Final.pdf

X

JENNIFER H KNUTSON 046-252-0994

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

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

FY20 O&M REPAIR TORII BEACH WATERSLIDE, OKINAWA

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

SECTION 00 21 00, INSTRUCTION TO BIDDERS

SECTION 00 45 00, REPRESENTATIONS AND CERTIFICATIONS

SECTION 00 70 00, CONDITIONS OF THE CONTRACT

SECTION 00 73 00, SUPPLEMENTARY CONDITIONS

DIVISION 01, GENERAL REQUIREMENTS

DIVISIONS 02 thru 33, TECHNICAL DIVISIONS

DRAWINGS

NEGOTIATED

3-JUN-2020

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time 24 Aug 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

4. CONTRACT NO.

CODE W912HV

PAGE OF PAGES

CODE

(Title, identifying no., date):

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin 180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (S FAR 52.211-ee _________________________10 .)

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

FAX:

7. ISSUED BY

CONTRACTING DIVISION

USACE-JAPAN DISTRICT

RM. 116, BLDG. 364

CAMP FOSTER

CHATAN-CHO, NAKAGAMI-GUN OKINAWA

JAPAN

TEL: TEL: FAX:

1. SOLICITATION NO.

W912HV20B0007 1 OF 31

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912HV20B0007

Section 00 10 00 - Solicitation

00 10 00

SECTION 00 10 00

SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

ITEM NO. DESCRIPTION QUANTITY UNIT UNIT

PRICE

AMOUNT

BASE ITEMS

0001 Repair of Waterslide Structure and Staircase 1 JB - ¥________

TOTAL BASE CLIN SCHEDULE ¥________

NOTES:

1. Failure of the offeror to propose prices for all items in the CLIN Schedule may be cause for rejection of the bid as nonresponsive.

2. See Section 01 22 00.00 10, for additional line item description.

3. Any reference to “offer”, “offeror” and “CLIN schedule” shall be construed to mean “bid”, “bidder”, or “bidding schedule”

4. LEGEND: JB = Job

Section 00 21 00 - Instructions

00 21 00

SECTION 00 21 00

INSTRUCTIONS TO BIDDERS

1. THIS IS AN INVITATION FOR BID SOLICITATION

a. Prospective Bidders are required to submit a Sealed Bid in response to Invitation for Bid (IFB) Solicitation

Announcement Number W912HV20B0007.

b. Sealed Bids shall be received by the date and time identified in the solicitation.

c. The Public Bid Opening will be held at the following location:

U.S. Army Corps of Engineers, Japan Engineering District Okinawa Area Office (OAO) Building #364, Room # 108 Camp Foster, Okinawa Japan

d. An Abstract of Bids (Optional Form 1419, Abstract of Offers – Construction) will be completed, verified/certified as to its accuracy and posted on the following Government Point of Entry website:

beta.SAM.gov.

2. THIS SOLICITATION IS FOR LOCAL SOURCES ONLY. This contract will be performed in its entirety in Okinawa, Japan, and is intended for Local Sources only.

3. REQUIRED SUBMITTALS FOR INVITATION FOR BIDS.

a. Bidders shall include the following documents when submitting a Sealed Bid in response to W912HV20B0007 for FY20 O&M Repair Torii Beach Waterslide project:

(1) SF1442 (pages 1 and 2), including acknowledgment on all SF30 Amendments issued;

(2) Section 00 10 00, Solicitation, Contract Line Item Number (CLIN) Schedule (completed in its entirety);

(3) Section 00 45 00, Representations and Certifications (completed in its entirety);

(4) Bid Guarantee; and

(5) Joint Venture Agreement (if applicable).

b. Failure to submit all required documents may result in the Bid being considered non-responsive.

Additionally, failure of the Bidder to propose prices for all items in the CLIN Schedule may be cause for rejection of the Bid as non-responsive.

4. DELIVERY OF BIDS.

a. The Bid shall be submitted in a sealed envelope/package.

b. Emailed Bids are strictly prohibited and will be rejected.

c. Firms are solely responsible for ensuring that their Sealed Bid is received by the Government at the specified location by the date and time established in the solicitation for receipt of bids.

d. To ensure timely submission of your Bid, Bidders should closely coordinate the delivery of your Sealed

Bid with sufficient time to ensure receipt by the Government by the date and time established in the solicitation for receipt of bids.

e. Sealed Bids will not be accepted at any Government facility gate.

f. The Government will not escort or provide any base access to any door-to-door service company.

g. Notes for Bid deliveries to Camp Foster:

(1) The Japan Postal Service does not have access to deliver to Camp Foster.

(2) Valid picture identification is required for entry into Government facilities.

(3) The following are considered valid picture identification documents:

Residential Registration Card, Passport, or Japanese Driver's License.

(4) Those individuals using a newly issued Japanese Driver’s License, with an Identity Code (IC) chip as a form of identification, will be required to enter an 8-digit Personal Identification Number (PIN) into an Identification Chip Reader. Individuals are permitted three (3) attempts to input their PIN and will be denied access if they are unable to input the correct PIN. To obtain or reset the PIN, individuals should go to their local, Japanese Police Driver’s Licensing Center for assistance.

h. Instructions for Base Escort Access Assistance

(1) Prospective Bidders who require base escort access shall submit a written request for assistance to the following Government personnel: Contracting Officer, Jennifer Knutson. The written request for base access assistance shall be sent by email to Jennifer.H.Knutson.civ@usace.army.mil no later than five (5) business days prior to the date identified in block 13 of the SF 1442. The time and date stated for receipt of a prospective bidders written request for base access assistance is non-negotiable.

Prospective Bidders who timely submit a written request for assistance will be provided a Marine One-Day Group Pass form and required to complete and return the form by email no later than three

(3) business days prior to the date identified in block 13 of the SF1442.

(2) On the day of the Public Bid Opening, Bidders who require base escort access, and Bidders that do not require base escort access but would like an escort to the bid box, shall report to the Foster Gate 3C no later than 1:30 p.m. in order to be escorted on base. Bidders will then be escorted to the Bid Box, wherein the Bid will be date/time stamped to indicate receipt of the Bid. Bidders electing to attend the Public Bid Opening at 2:00 p.m. will then be escorted to the location identified in paragraph 1(c) above. Bidders who do not wish to attend the Public Bid Opening will be escorted off of the base.

5. CONTRACTOR APPLICATION. If this is your first time seeking business opportunities with the Japan

Engineer District or you need to update your company information and brochure file, please complete the Contractor Application form and submit it with the required attachments to: U.S. Army Corps of Engineers, Japan Engineer District, Bldg. 250, Room 147 Camp Zama, Zama-shi, Kanagawa-ken, Japan 252-8511, along with your first bid/proposal to Japan Engineer District, prior to submitting your Sealed Bid. Such firms shall be required to complete the aforementioned application and submit the requisite documents indicating they are registered with the Government of Japan and in possession of the necessary Certificate of Construction License in order to perform construction work in Japan. Please refer to the “Contractor

Application” form at https://www.poj.usace.army.mil/Business-With-Us/Getting-Started/ for additional details and requirements.

6. SUBMISSIONS OF BIDS IN JAPANESE YEN. Bids submitted in response to this solicitation shall be in terms of Japanese Yen, including any required bid guarantee. Bids received in a currency other than Japanese Yen will be rejected.

7. MAGNITUDE OF THE PROPOSED PROJECT.

a. General Scope. Repair waterslide structure and staircase and all components to return unit to operational status. Work includes drainage system repair, footbath repair, structural repair, and replacement of the lightning protection system.

b. Magnitude of the Proposed Project. The estimated price range of this work is between ¥100,000,000 and ¥500,000,000 [Ref: FAR 36.204].

8. BIDDER INQUIRIES.

a. Prospective Bidders shall submit all questions or requests for information (RFI) regarding this solicitation through the PrjoNet website, which can be accessed at https://www.projnet.org/projnet/. The “Bidder Inquiry Module” in ProjNet will allow contractors to submit questions and/or RFIs, and display previously submitted questions and/or RFIs posted by other prospective Bidders. Telephonic and email questions sent directly to Government representatives will not be accepted. All questions and/or requests for information (RFI) shall be submitted Bidder Inquiry Module by the due date and time identified herein.

b. All questions or RFIs shall be submitted within the ProjNet, Bidder Inquiry Module no later than 4:00 PM, Japan Standard Time on 1 July 2020.

c. To submit and/or review questions related to this project, prospective Bidders must use a Bidder Inquiry Key and follow the instructions listed below for access.

d. The Bidder Inquiry Key is: 3Y2Q9Q-B947TB

e. Prior to submitting questions or RFIs, prospective Bidders are encouraged to thoroughly review the Solicitation and all attachments (i.e. specifications and drawings) and the Bidder Inquiry Module to confirm other Bidders have not previously submitted the same question or RFI, in order to avoid repeat inquiries.

f. For specification questions, select “Specifications,” then list the Section, Paragraph and Page Number to correspond to your inquiry. For Plans questions, select “Plans” and list the sheet and detail number for the inquiry.

g. ProjNet Access Instructions:

(1) Go to the website: https://www.projnet.org/projnet/.

(2) At the home page, select USACE for the “Managing Agency” field.

(3) At the home page, enter your email address under the “EMAIL” field (do not enter a password in the

“Regular Accounts” Section).

(4) At the home page, enter the Bidder Inquiry Key under the “KEY ACCESS” field.

https://www.poj.usace.army.mil/Business-With-Us/Getting-Started/ https://www.projnet.org/projnet/ https://www.projnet.org/projnet/

(5) Read and check “I agree to the privacy & security notice.”

(6) Press Sign-in button.

(7) A page will open requesting user account information and will ask you to create a new account (if you don’t have an existing account in the system). Enter all data fields required for account creation.

When you log back in, you will need to answer your security question.

(8) Press “add user” to continue.

(9) Upon completion of account creation, you will have access to the ProjNet system and project page.

(10) Review and submit questions regarding this project. An offeror who submits a question will receive an automated email notification that their question has been received. All questions can be viewed from this program.

(11) For specific Step-by-Step for POSTING YOUR INQUIRIES, see the Reference link in the Contract Viewer.

(12) For questions about ProjNet, please contact the Call Center help desk toll free number at 1-800-428- HELP, which operates from 8 am to 5 pm (U.S. Central Time Zone). Questions can be emailed to the helpdesk at staff@rcesupport.com.

h. The Government reserves the right to answer questions after this deadline, but is not obligated to provide a response to late questions. The Government will respond to inquiries in ProjNet. Government responses to inquiries are intended to provide clarity and may or may not result in an amendment to the solicitation. All revisions to the specifications and/or drawings will be specified noted and incorporated into the solicitation via an amendment. Any information given a prospective Bidder concerning a solicitation will be furnished promptly to all other prospective Bidders as an amendment to the solicitation, if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other prospective Bidders.

9. BID GUARANTEES AND PERFORMANCE BONDS.

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

b. Notwithstanding the statement contained in paragraph (b) of clause FAR 52.228-1, Bid Guarantee, the

Bid Guarantee must be supported by good and sufficient corporate surety or sureties acceptable to the Government.

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

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

10. BONDING THRESHOLDS.

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

b. The Government requires a Bid Guarantee to accompany a Bid when a Performance Bond will be required under the resulting contract. Therefore, under this solicitation, any Bid in excess of ¥15,000,000 shall be accompanied by a Bid Guarantee, in the form and amount required by provision 52.228-1, Bid Guarantee," and other pertinent provisions and clauses in this solicitation. Failure to submit a Bid Guarantee in such case may render the Bid non-responsive to the solicitation.

c. A Bid under this solicitation that does not exceed of ¥15,000,000, shall not require a Bid Guarantee to be submitted with the Bid. Absence of a Bid Guarantee in such case will not, in and of itself, render the Bid non-responsive to the solicitation.

d. FAR 52.228-1, Bid Guarantee, as included in this solicitation, requires a Bid Guarantee in the amount of TWENTY PERCENT (20%) of the TOTAL Bid price or ¥300,000,000, whichever is less.

11. PERFORMANCE OF WORK BY THE CONTRACTOR – DEFINED. For the purposes of the FAR Clause 52.236-1, “Performance of Work by The Contractor,” work on the site with the Contractor's own organization means physical activities at the site other than work performed by subcontractors, procurement of materials for installation by subcontractors, or providing equipment to be used solely by subcontractors.

12. PRORATED COSTS. All costs pertaining to the performance of work under the contract over and above the direct costs for the work shall be prorated to and included in the price quoted for each item in the Bidding Schedule.

13. SPECIAL TREATMENT OF PACKAGING OF EQUIPMENT AND MATERIAL. Bidders are cautioned that equipment and material requiring ocean transportation may be subjected to inordinate dangers and special treatment or packaging may be necessary to assure arrival in a condition conforming to contract requirements.

14. SIGNATURE ON BIDS. Bids must be signed by an officer of the company or an individual who is authorized to sign Bids for and on behalf of the company. An individual, other than an officer of the company, who signs a Bid must submit evidence of his authority to sign such Bid. This evidence must accompany the Bid. Failure to comply with this requirement may be cause for rejection of the Bid.

15. JOINT VENTURE. In the event the Bidder is a joint venture, the Bid must be signed by an authorized representative of each participant in the joint venture. Failure to comply with this requirement may be cause for rejection of the Bid.

16. BIDDER ELIGIBILITY. Only local sources will be considered under this solicitation. Local sources are sources (e.g. corporations, partnerships, or Joint Ventures [For a Joint Venture, the Joint Venture as an independent entity must satisfy the local source requirements or, in the alternative, each member of the Joint Venture must individually satisfy the local source requirements] that are physically located in Japan and authorized (i.e. licensed and registered) to perform in Japan, the type of construction work specific in this solicitation. Specifically, a prospective offeror must be duly authorized to operate and conduct business in

Japan and must fully comply with all applicable laws, decrees, labor standards, and regulations of Japan during the performance of the resulting contracts. In addition, prior to award of the contracts, offerors must be registered with the Government of Japan to do construction work in Japan and possess necessary construction licenses and permits to perform work required under this solicitation. The U.S. Government will not offer “United States Official Contractor” status under Article XIV of the US-Japan Status of Forces Agreement (SOFA) to U.S. contractors normally resident in the United States; nor will the U.S. Government certify employees of such contractors as “Members of the Civilian Component” under Article I(b) of the SOFA.

17. JAPANESE CONSUMPTION TAX.

Effective October 1, 2019, the Government of Japan increased the rate of Japanese Consumption Tax from 8% to 10%. By virtue of Article XII of the Status of Forces Agreement (SOFA), materials, supplies, equipment and services procured for official purposes in Japan by the United States armed forces, or its authorized procurement agencies are EXEMPT from various Japanese Taxes, including Consumption Tax. The exemption from the Japanese Consumption Tax applies not only to Japanese prime contractors, but also to Japanese subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or a Foreign firm. The instruments listed hereinafter have been agreed to by both Governments of Japan and the U.S. as "Proof of Purchase by U.S. Forces in Japan.”

Standard Form 1034 Public Voucher for Purchases and Services other than Personal DD Form 1155 Order for Supplies or Services Standard Form 44 Purchase Order-Invoice-Voucher ENG Form 93 Payment Estimate

Therefore, Japanese Consumption Tax shall NOT be included in your Bid.

18. DEFINITION OF THE WORDS ITEM/ITEMS.

a. This solicitation contains a single schedule for award to a single Bidder.

b. For the purposes of this solicitation, the words “Item” or “Items” as used in provision(s) of this section shall be construed to mean “Schedule” or “Schedules,” respectively.

c. Any reference to “Offer,” “Offeror” or “Proposal Schedule” “shall be construed to mean “Bid,” “Bidder,” or “Bidding Schedule,” respectively.

19. ARITHMETIC DISCREPANCIES.

a. For the purpose of initial evaluations of Bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of a Bidding Schedule as submitted by the Bidder:

(1) Obvious, misplaced decimal points will be corrected;

(2) When discrepancy between unit price and extended price exist, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and/or extended prices will be corrected.

b. For the purpose of Bid evaluation, the Government will proceed on the assumption that the Bidder intends his Bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the Bid will be reflected as such on the Abstract of Bids.

c. These correction procedures shall not be used to resolve any ambiguity concerning which Bid is the low.

20. AMENDMENTS PRIOR TO THE PUBLIC BID OPENING. The right is reserved, as the interest of the Government may require, to amend the solicitation, specifications, drawings or other attachments to the solicitation prior to the date set for opening of bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bid solicitation. If the revisions or amendments of any nature constitute a material change in quantities or prices of the bid or both, the date set for the date set for the Public Bid Opening may be postponed by as many days as the issuing Contracting Officer determines in order to enable Bidders an opportunity to revise their Bid. In such instance, an official Amendment to the Invitation for Bid Solicitation will be issued which provides an announcement of the new date and time for the Public Bid Opening.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

APR 2014

52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

CONTRACTING DIVISION - CONTRACTING OFFICER

U.S. Army Corps of Engineers, Japan District Camp Zama - Bldg 250, Room 147 Zama-City, Kanagawa 252-8511 Japan

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

Date: 17 June 2020, Japan Standard Time (JST)

Time: Times may be staggered throughout the day to meet current COVID-19 restrictions/guidance regarding meetings. Schedule will be provided after submission of all interested attendees

Location: Waterslide, Torii Beach, Torii Station

(c) Site Visit Participants: Contractors shall submit a list of attendees to the Government POCs no later than 8 June 2020 JST.

The attendee list shall include:

1. Full name

2. Company name

3. Email address

4. Temporary Base Escort needed for Torii Station (Yes or No)?

(d) Temporary Base Escort: Contractors that do not have base access to Torii Station shall meet a designated Government Representative at the following date and time for base escort:

Date: 17 June 2020, JST Time: Meet time will be provided after submission of attendees that require escort.

Location: Torii Station Gate 3

Required Documentation for Base Escort:

1. Valid Picture Identification (ID): Valid IDs are required for entry onto the all Military Installations in Okinawa, Japan. Driver’s License, Passport or Jyuuki (Jyuuminn kihon daicho) Card (with photograph) are considered valid picture IDs.

2. Vehicle Make, Model, License Plate Number, and JCI

(e) Government Point of Contacts (POC)

Name: Robert Hoofman Email: Robert.J.Hoofman.civ@usace.army.mil Phone: 080-2160-7219

Name: Jennifer Knutson Email: Jennifer.H.Knutson.civ@usace.army.mil

(f) Transportation: Attendees must provide their own transportation. The Government will not provide transportation from the gate to the site location.

(End of Provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

Section 00 45 00 - Representations and Certifications

CORPORATE CERTIFICATE

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

C O R P O R A T E C E R T I F I C A T E

The Offeror, if a corporation, shall have this certificate executed under its corporate seal, provided that the same officer of the corporation shall not execute both the offer and this certificate. [0000-4503]

I, ___________________________________________________________, certify that I am the

____________________________________________ of the corporation named as Offeror herein;

that ____________________________________________________________, who signed the offer on behalf of the Offeror, was then _______________________________________________ of said corporation; and that said offer was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

(CORPORATE SEAL) __________________________________ (PERSONAL SEAL)

(Signature)

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

MAR 2015

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is Not Applicable.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in https://www.sam.gov/ paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2019)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph

(e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(iii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

XX_ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

252.229-7001 TAX RELIEF (SEPT 2014)

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

NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror Insert)

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

Section 00 70 00 - Conditions of the Contract

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

Improper Activity

MAY 2014

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

Transactions

OCT 2010

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

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

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

MAY 2011

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

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

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

OCT 2010

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

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

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

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT…