A.8.5 W912HV-20-B-0008 Install Water Supply Control Sys CZ 200515.pdf
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- Solicitation number
- W912HV-20-B-0008
About this file
This solicitation is for a firm fixed price construction contract to replace the water supply control system at Camp Zama in Japan. The project involves replacing the central controller and control panels at four buildings to create a new integrated control system. Work includes removing and replacing existing control panels, installing new panels, modifying conduits and wiring, and all other work to provide a functioning water supply system. The estimated price range for the work is between 500 million Japanese yen and 1 billion yen. The solicitation is only open to local Japanese sources licensed to perform construction work in Japan. Interested firms must complete a contractor application and qualify as a local source before bid submission. Bids are due by July 24, 2020 in a sealed envelope with submission requirements identified in the document. The award will be made to a single contractor for the entire project scope of work.
The solicitation provides instructions on obtaining the contractor application, registering in the System for Award Management database, submitting questions through an online portal by a specified date, procedures for a scheduled site visit, and other bid requirements. It includes flow down of various Federal Acquisition Regulation clauses and specifies that Japanese consumption tax does not apply.
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Text version
FY20 O&M Replace Water Supply Control System, Camp Zama, Japan
SECTION 00 10 00, Solicitation, Contract Line Item Number (CLIN) Schedule SECTION 00 21 00, Instructions SECTION 00 45 00, Representations and Certif ications SECTION 00 70 00, Conditions of the Contract SECTION 00 73 00, Supplementary Conditions DIVISION 01, General Requirements DIVISION 02 THRU 40, Technical Provisions
DRAWINGS
X
NORMAN ROLDAN 046-407-8836
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
15-May-2020
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________455 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________24 Jul 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
CONTRACTING DIVISION
USACE-JAPAN DISTRICT
RM 147, BLDG. 250
CAMP ZAMA
ZAMA-CITY, KANAGAWA 252-8511
JAPAN
W912HV
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour) Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W912HV20B0008 38
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
W912HV20B0008
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Replace Water Supply Control System
FFP
Replacement of the Water Supply Control System in Buildings 111, 832, 858, and 1043, Camp Zama, Japan. See Notes and Section 01 22 00.00 10 for additional line item description FOB: Destination
NET AMT
Section 00 21 00 - Instructions
INSTRUCTIONS TO BIDDERS
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 W912HV-20-B-0008.
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 Building #250, Torii Conference Room Camp Zama, 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 [Note: The Government Point of Entry, formerly known as the Federal Business Opportunities (FBO) website moved to “beta.SAM.gov” on November 8, 2019].
2. THIS SOLICITATION IS FOR LOCAL SOURCES ONLY.
a. This contract will be performed in its entirety in Camp Zama, Honshu, 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 W912HV-20-B-
0008, for the Replacement of Water Supply Control Systems, Camp Zama construction 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 Zama:
(1) The Japan Post has access to Camp Zama.
(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: Contract Specialist, Norman Roldan and Contracting Officer, Norman.G. Mackie. The written request for base access assistance shall be sent by email to Norman.Roldan.civ@USACE.Army.Mil and Norman.G.Mackie.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 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 SF 1442.
(2) If you decide to hand-carry your bid to Camp Zama, in addition to bringing fore foregoing valid picture identification documents, please allow sufficient time to have a Government personnel meet your representative at Camp Zama Gate 1 in order to be escorted on base. We suggest arranging an escort time in advance and arriving at the Gate 1 to Camp Zama at least 30 minutes before the closing time for bid acceptance.
5. CONTRACTOR APPLICATION.
a. 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 228-8920, along with your first bid/proposal to Japan Engineer District, prior to submitting your Sealed Bid. Such firms shall be required to complete mailto:Norman.Roldan.civ@USACE.Army.Mil mailto:Norman.G.Mackie.civ@USACE.Army.Mil 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.
a. 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. Physical Characteristics: Work includes, but is not limited to, replacement of the Central Controller, Control Panel, and all associated equipment and accessories necessary for a functioning water supply control system at Building 1043. The new Central Controller shall be able to control the water supply at all four (4) Water Distribution / Transmission Facilities. Removal of existing area control panels and valve control panels at Buildings 832 and 858. Replacement of existing area control panels and valve control panels at Buildings 832 and 858 with one control panel at each building that incorporates the functions of both existing area control and valve control panels. Installation of one (1) control panel at Building 111 to allow for water supply controls from the new Central Controller. Modification of existing conduits and wiring, as necessary to support the new water supply control system.
b. Project sites are located on Camp Zama in Kanagawa, Japan. There are a total of four buildings. Located at Buildings 111, 832, 858 and 1043.
c. Magnitude of the Proposed Project. The estimated price range of this work is between ¥500,000,000 and ¥1,000,000,000 [Ref: DFARS 236.204].
8. BIDDER INQUIRES.
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 10:00 AM, Japan Standard Time on June 15, 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: J79DDP-4WW65X
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.
https://www.poj.usace.army.mil/Business-With-Us/Getting-Started/ https://www.projnet.org/projnet/
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.
(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 specifically 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 https://www.projnet.org/projnet/ 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.
a. 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.
a. 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.
a. 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.
a. 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.
a. 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.
a. 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 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.
a. 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.
a. 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 52.214-3 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 52.215-20 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data
OCT 2010
52.225-17 Evaluation of Foreign Currency Offers FEB 2000 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.215-7008 Only One Offer JUL 2019
252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data
JUL 2019
252.215-7012 Requirements for Submission of Proposals via Electronic Media.
JAN 2018
CLAUSES INCORPORATED BY FULL TEXT
52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS
LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM
(ASSIST) (APR 2014)
(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(1) ASSIST (https://assist.dla.mil/online/start/);
(2) Quick Search (http://quicksearch.dla.mil/);
(3) ASSISTdocs.com (http://assistdocs.com).
(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(End of provision)
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be DX rated order; XX DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm
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 253-8511 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)
(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: 28 May 2020, 09:30 a.m. Japan Standard Time (JST)
Time: Will be provided after submission of all interested attendees. Times may be staggered throughout the day to meet current guidance regarding social distancing.
Location: Camp Zama, Japan
Submit the names of all attendees (not to exceed 3 per company) to the following two point of contacts (POCs) not later than 14:00 p.m., 22 May 2020, JST.
The attendee list shall include:
1. Full name
2. Company name and Address
3. Email address
4. What part of Japan are you traveling from to attend site visit (Okinawa, Tokyo, Osaka, etc.)?
5. If temporary base escort to Camp Zama is required (see required documentation below if temporary base access required).
This information must be provided in advance in order to ensure access to the military bases and site visit location.
POC’s:
Mr. Luke Huynh Email: Luke.Huynh.civ@usace.army.mil Phone: (315) 263-8829; 046-407-8829; or 070-2495-6624
Norman Roldan Email: norman.roldan.civ@usace.army.mil Phone: (315) 263-8836 or 046-407-8836
Required Documentation for Temporary Base Access to Camp Zama:
Valid Picture Identification (ID): Valid IDs are required for entry onto Military Installations in Camp Zama, Japan.
Driver’s License, Passport or Jyuuki (Jyuuminn kihon daicho) Care (with photograph) are considered valid picture IDs.
(c ) Participants will meet at—
Meeting location and times will be sent to the participants prior to the scheduled site visit.
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/ mailto:Luke.Huynh.civ@usace.army.mil mailto:norman.roldan.civ@usace.army.mil
Section 00 45 00 - Representations and Certifications
REPRESENTATIONS AND CERTIFICAT
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
52.209-11 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 221310.
(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 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.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
https://www.sam.gov/
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
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.
https://www.sam.gov/
__ (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…
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