D1_RFQ Combined Synopsis_M6261323Q0005_Redacted.pdf

RFQ Combined Synopsis

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This procurement is not a small business set-aside. Therefore, any responsible source may submit a quote. THIS IS AN OCONUS REQUIREMENT: FAR 19.000(b) APPLIES. The NAICS code is 562991.

This solicitation M62613-23-Q-0005 incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 and Defense Federal Acquisition

Regulations Supplement Publication Notice (DPN) 20221219. THIS NOTICE

CONSTITUTES THE ONLY SOLICITATION.

52.212-1 ADDENDUM TO INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (NOV 2021)

Addendum to 52.212-1 Instructions to Offerors. The quote shall contain all requested products as the contract award will be made in aggregate. Therefore, any quote received without all products priced will be considered non-responsive.

Offerors are instructed to completely fill out the attached cover sheet and return it along with your quote. Quotes submitted without the required coversheet will not be evaluated nor considered for award.

(i) ALL QUESTIONS must be submitted via email to Toru Fujioka

(toru.fujioka.ja@usmc.mil) and cc. Joseph Estrella (joseph.estrella@usmc.mil) no later than 3:00 PM, February 8, 2023, Japan Standard Time (JST). The Government may or may not provide answer for questions received after the question submission due date.

(ii) Offerors shall submit their response to this RFQ to Toru Fujioka

(toru.fujioka.ja@usmc.mil) and cc Joseph Estrella (joseph.estrella@usmc.mil) no later than the Response Date 3:00 PM, February 15, 2023 Japa n Standard Time (JST).

(End of Addendum)

Requirement, Clauses, and Provisions, and Misc Information.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 475 Job

475 Port-a-John Rental and Cleaning

FFP

475 Port-a-John (PAJ) Rental and Cleaning

The Contractor shall perform the subject services in accordance with the

Performance Work Statement (PWS).

Contractor shall provide the following rental and cleaning service for Friendship

Day event aboard MCAS Iwakuni.

i. (475) portable toilets (PJ), (Japanese/squat and Western style acceptable)

FOB: Destination

MILSTRIP: M022093256646

PURCHASE REQUEST NUMBER: M022093256646

PSC CD: W085

NET AMT

0002 24 Job

24 Handicapped PAJ Rental and Cleaning

24 Handicapped Port-a-John Rental and Cleaning

Contractor shall provide the following rental and cleaning service for Friendship

Day event aboard MCAS Iwakuni.

i. (24) portable toilets for Handicapped (PJ)

0003 45 Job

Servicing 45 MCASI owned PAJ

Servicing 45 MCASI owned PAJ

Contractor shall provide the cleaning services for (45) government-owned PAJs

0004 1 Job

Dark/Grey Water Disposal

Dark/Grey Water Disposal

Contractor shall provide the following services for Friendship Day event aboard

MCAS Iwakuni.

i. Dark / Gray Water Disposal for all PAJs (including 45 government-owned PAJ).

PERFORMANCE WORK STSTEMENT

PERFORMANCE WORK STATEMENT

1. Overview:

Contractor shall provide the following rental items for Friendship Day event aboard MCAS Iwakuni on April 15, 2023.

i. 475 portable toilets (PJ), (Japanese/squat and Western style acceptable), and

ii. 24 portable toilets for Handicapped (PJ)

Contractor shall provide all labor, materials, and equipment necessary to securely set-up, operate, clean and transport the above rental equipment. All coordination and preparation prior to starting service shall be coordinated with the Government representatives.

2. Delivery Location:

The Government representative shall provide a Delivery location map to the selected Contractor after the contract is released. The locations are subject to change within a designated area, before or after the installation, regardless whether the water is filled or not. By responding to this RFQ, the

Contractor agrees to comply with the location changes at no additional cost to the Government.

3. Delivery and Removal Schedule:

Delivery will be on April 14th. If earlier delivery is required it will be at no additional cost to the government. Removal must start on April 15th after the event is ended and shall be completed no later than April 17th. Any removal post April 17th will be at no additional cost to the government.

a. Estimated Delivery Plan:

For the solicitation, locations and quantities and installation orders are shown as follows:

i. Bowling Alley area (Bldg. 1400): (15) PJs, (2) PJs for handicapped

ii. North Gym/E-Club (Bldg. 9595): (40) PJs, (0) PJs for handicapped

iii. CVW-5 area (Bldg. 6200): (30) PJs, (2) PJs for handicapped

iv. Parking Garage (Bldg. 7005): (22) PJs, (2) PJs for handicapped

v. JMSDF area: (164) PJs, (7) PJs for handicapped

vi. VAL area: (40) PJs, (2) PJs for handicapped

vii. VMGR area: (143) PJs, (8) PJs for handicapped

viii. Taxi way area: (21) PJs, (1) PJs for handicapped

b. Estimated Removal Plan:

All PJs within the Flight Line (roughly QTY 368) need to be emptied and temporary staged at

Bldg. 885 parking lot. Contractor will need sufficient equipment (i.e. vacuum trucks) to clean out PJs in that area and move them to the Temporary Staging Area until April 17th as the final removal date.

For operation by the Flight Line, Removal of PJs s may be required to be done at night time.

The Government representatives shall designate site for removal in order on site.

The Government shall prepare for lighting equipment to Contractor to operate safely as appropriate.

c. Contractor is responsible for securing the PJs to the ground by providing a means of securely anchoring them to the ground. In case the PJs are blown over by high winds or other causes after the installation and during the event, the Contractor will restore such PJs to the original condition at no additional cost to the Government.

Important Note: There will be (45) MCAS Iwakuni-owned PJs that will require this same securing service i.e. anchoring/weighing them down (wind mitigation) as the Contractor PJs.

4. Temporary Staging Area:

The Contractor will be allowed to use Government designated area(s) parking lot of Bldg.

885 for unloading, loading equipment and parking vehicles. Contractor will be able to use area for unloading and loading PJs and placing temporarily before installation. Contractor also may use the parking lot for transporters, forklifts, crane cars and others. Contractor owned Forklifts will need to be transported on base by trucks but will have freedom of movement on base to conduct duties as long as they are with a Government escort.

5. Water Supply:

a. Contractor has responsibility of initial filling up and replenishing water for all of the prepared PJs . Important Note: There will be (45) MCAS Iwakuni-owned PJs that will require the same initial filling up and replenishing service as the Contractor PJs. The base PJ's do not flush and will only require the sanitizing liquid.

b. Water for initial filling up shall be prepared by Contractor.

c. The contractor must monitor and maintain serviceability of all PJs .

d. The government will provide the water to the contractor via military water tanks.

6. Supply of Toilet Papers/Hand Soap:

a. Government shall provide and install (1) toilet paper at each PJ.

b. Replenishment of toilet papers shall be purchased/prepared by the Government and stocked by the Contractor (and their personnel). Along with the toilet paper, the Government will also purchase hand soap for all PJs and the Contractor will stock/replenish all PJs as necessary. In the places where there are only Government-owned PJs and no hand washing stations, the Government will purchase hand sanitizer and that will be placed by the

Contractor.

Important Note: There will be (45) MCAS Iwakuni-owned PJs that will require the same toilet paper replenishment service as the Contractor PJs.

7. Waste Disposal:

a. Waste disposal shall start immediately after the air show event ends on April 15th. The specific time shall be designated by the Government representative after the contract is released. In case extra time is needed to complete the removal, an additional day is authorized for removal operation as long as there is no extra cost to the Government.

Important Note: There will be (45) MCAS Iwakuni-owned PJs that will require the same disposal service as the Contractor PJs. Specifically, the final service will be both the removal of the waste/fluid and the final cleaning/prepping for storage.

b. The Contractor must dispose of all waste at a lawful location outside of MCAS Iwakuni.

MCASI Iwakuni Sewage Treatment Plants shall NOT be used to dispose of waste. Should anything be introduced into the installation’s treatment facility by the contractor which causes harm to the treatment process, the contractor shall be held liable for damages.

c. At the conlclusion of the event on April 15th, the priority will be cleaning and moving all

PJs within the Flight Line (roughly QTY 368) to the temporary staging area at Bldg. 885 parking lot. Contractor will need sufficient equipment (i.e. vacuum trucks) to hold on to the waste until off base Sewage Treatment Plant is available for disposal.

8. Access to MCAS Iwakuni:

a. Contractor shall be escorted by the Government representative for all of work during the contract period. All contractor employees are required to complete the 1-Day Official Entry

Form (see attachment) at least two weeks prior to entering the base for background check.

b. Contractor shall be escorted at the Contractor’s Gate for inbound and after end of work immediately for outbound.

c. Contractor’s personnel to operate service on the event day shall be escorted at Old Monzen

Gate. The procedure shall be clarified by the Government representative prior to the event.

d. Transporters to load removed PJs , and Honey Wagon to collect wastes shall be escorted on the event day from the Old Monzen Gate.

e. The Government representative shall provide personnel to escort to all designated locations.

9. Site Visit for Solicitation:

Site visit for solicitation will not be conducted, for the sites for disposition have not been confirmed. Location Planning Map shall be provided to venders who intend to offer.

10. Post Award Site Visit:

a. Site visit shall be conducted for the selected Contractor by the Government representative after the contract is released between the dates of March 27th to April 7th.

b. Selected Contractor and all supporting staff must complete the Access process and 1-Day

Official Entry Form at least two weeks prior to entering the base for background check.

b. All coordination associated with the Site visit shall be prepared by the Government representative.

11. Equipment:

a. Rental service under this contract shall include all labors, materials and equipment necessary for the set-up, operation, cleaning, transportation, and waste disposal requirements associated with providing PJs .

b. All equipment needed to render services will be provided by the contractor.

12. Translator:

Contractor shall provide a translator on the job at all times during the term of the contract.

13. List submission requirement:

a. In addition to the 1-Day Official Entry Form, Contractor will provide the following to the government representative no later than March 31st

Complete name list of all of possible workers, including Translator(s) if required, to be escorted during the contract period. The Government representative will submit the lists to

PMO in order for PMO to only use for workers’ background check prior to escort.

b. The list of vehicles that will be used to make delivery of PJs . The list needs to designate parking at Temporary Staging Area on Section 5.

14. The Government representative:

The activity designated as the requiring authority under this contract is:

Marine Corps Air Station Iwakuni Japan, Building No. 170

MCAS Iwakuni, Japan

15. Performance Requirements Summary (PRS)

Waste Disposal Section 7 1. Waste disposal shall start immediately after the air show event ends.

2. Contractor must dispose of all waste at a lawful location outside of MCAS

Iwakuni. MCASI

Iwakuni Sewage

Treatment Plants shall NOT be used to dispose of waste.

3. Cleaning and moving all PJs within the Flight

Line (roughly QTY

368) to the temporary staging area at Bldg. 885 parking lot.

100% of final deliverables comply in accordance with the PWS Section

100% count and/or visual inspection

Positive review on command debrief.

End of Performance Work Statement

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

/ CAGE

0001 POP 14-APR-2023 TO

17-APR-2023

N/A MCAS IWAKUNI FRIENDSHIP DAY

DELEGATED POC FOR PJ

MISUMI-MACHI 2-CHOME

IWAKUNI 740-0025

M62613

0002 POP 14-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 14-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 14-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and

Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.209-6 Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

DEC 2022

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.214-34 Submission Of Offers In The English Language APR 1991

52.222-50 Combating Trafficking in Persons NOV 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text

Messaging While Driving

JUN 2020

52.225-14 Inconsistency Between English Version And

Translation Of Contract

FEB 2000

52.232-33 Payment by Electronic Funds Transfer--System for

Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower

Rights

DEC 2022

252.203-7005 Representation Relating to Compensation of Former

DoD Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7008 Compliance With Safeguarding Covered Defense

Information Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for

Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or

Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services --

Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment

Requirements

MAR 2022

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.223-7006 Prohibition On Storage, Treatment, and Disposal of

Toxic or Hazardous Materials

SEP 2014

252.225-7041 Correspondence in English JUN 1997

252.225-7048 Export-Controlled Items JUN 2013

252.229-7001 Tax Relief APR 2020

252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7017 Accelerating Payments to Small Business

Subcontractors--Prohibition on Fees and Consideration

DEC 2022

252.233-7001 Choice of Law (Overseas) JUN 1997

252.244-7000 Subcontracts for Commercial Items DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications

Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror

Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it

"does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at

52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the

Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded

"will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded

"does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter/offeror

(Contractor) whose quote/offer conforming to the solicitation will be most advantageous to the

Government.

(a)(1) The basis for award is PRICE AND OTHER FACTORS

(a)(2) Evaluation procedures per FAR 13.106-2(b)

All quotations or offers will be ranked in order of lowest price to highest price. The lowest-priced quote shall be evaluated first. If the lowest-priced quote/quoter; (i) conforms to all matters with respect to the solicitation; (ii) has satisfactory past performance and; (iii) provides a fair and reasonable price: then no other quotes/quoters will be evaluated for award.

(i) Conforming to all matters with respect to the solicitation:

Quotes/Quoters must clearly demonstrate the quoted items meet or exceed the description services; must address each general and performance requirement with respect to the Performance Work Statement;

must specify delivery dates; and must meet all the terms and conditions of the solicitation.

(ii) Past Performance:

The apparent successful, prospective contractor shall have satisfactory past performance. Past

Performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii) and DFARS 213.106-2(b)(i).

Contractors with a rating in the bottom 5% will be deemed “Unacceptable”. Contractors without a record of relevant past performance history may not be evaluated favorably or unfavorably for its past performance history. Contractors are encouraged to submit letters of recommendation from other U.S.

contracts.

(iii) Price:

Before making the award, the Contracting Officer will use FAR 13.106-3(a) to determine that the apparent successful, prospective contractor proposed price is fair and reasonable.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION 2018-O0021) (DEC 2022)

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-

64.

(2) While not required, the contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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/

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide

Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic

Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation

Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving

Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based

Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic

Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the

Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

_________________INVOICE 2 in 1___________________________________________

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0721

Issue By DoDAAC M62613

Admin DoDAAC** M62613

Inspect By DoDAAC Leave Blank

Ship To Code M02209

Ship From Code Leave Blank

Mark For Code M02209

Service Approver (DoDAAC) M02209

Service Acceptor (DoDAAC) M02209

Accept at Other DoDAAC Leave Blank

LPO DoDAAC M02209

DCAA Auditor DoDAAC Not Applicable

Other DoDAAC(s) Not Applicable

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR

42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or

Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS

Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Ms. Yuko Okubo and Mr. Hikaru Kifune can be reached at telephone number 011-81-827-79-6648 or e-mail : iwakunilogistics-co@usmc.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

LOCAL CLAUSES

LOCAL CLAUSES

CONCILIATION

Any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the U.S. Japan Joint Committee for Conciliation in accordance with paragraph 10, Article

XVIII, of the Status of Forces agreement under Article VI, of the Treaty of Mutual Cooperation and security between Japan and the United States of America.

Recourse to the Joint Committee for Conciliation for resolving disputes is available in addition to the procedures set forth in the Contract Disputes Act of 1978 and the Disputes Clause of this contract, 52.233-1. A request for conciliation by the Joint Committee, however, shall not toll the time periods allowed under the Contract Disputes Act for appealing a counteracting officer’s final decision to ether the

Armed Services Board of Contract Apples or U.S. Court of Federal Claims.

Upon filing a request for conciliation with the joint Committee, the Contractor shall immediately notify the Contacting Officer in writing of the request.

EXEMPTION FROM JAPANESE CONSUMPTION TAX (DEC 1988) [Local Only]

The Governments of the United States and Japan have agreed that this contract will be exempt from the new Consumption Tax, which took effect on 1 April 1989. In accordance with paragraph c. of the clause

FAR 52.229-6, “ TAXES – FOREIGN FIXED PRICE CONTRACTS”your offered contract price shall not include the Consumption Tax. By submission of your proposal, you are certifying that your price does not contain any cost related to the Consumption Tax. Questions concerning the applicability of the tax should be directed to your local Japanese Tax Office.

TAX EXEMPTION CERTIFICATE [Local Only]

The Contractor will submit requests for gasoline or diesel oil tax exemption certificate to the Contracting

Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to certify the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the contractor a Tax Exemption Certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract. The Contractor shall claim all tax and customs exemptions as listed below:

TAX EXEMPTION CERTIFICATE

EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO

STATUS OF FORCES AGREEMENT

(a) Paragraph 2, Article XI of the Status of Forces Agreement between Japan and the United States, authorizes the United States entry into Japan free from Japanese customs duties and all other charges on materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces.

(b) Paragraph 3, Article XII of said Status of Forces Agreement, authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces.

Currently, these taxes are: (1) Gasoline tax and local road tax on gasoline; (2) Diesel oil tax; (3) Liquefied petroleum tax, and (4) consumption tax.

(c) As the successful offeror, the Contracting Officer or his authorized representative issues the below customs or tax exemption taxes in accordance with procedures agreed upon between the Government of

Japan and the United States of America. Tax exemption certificates submitted will be either at the end of each month or upon completion / termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so, if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption.

(d) List below the customs duties or taxes which have been excluded from your proposal as required by the Taxes Clause. Contractor must claim all customs and tax exemptions to which the U.S. Government is entitled.

Type of Commodity and

Percentage of Tax

Amount of duty or Tax

Excluded in Yen (¥)

(1) Customs Duties (Use USFJ Form

380/381EJ)

(2) Taxes: ____________________ ___________________

(a) Gasoline tax and local road tax on

Gasoline

(b) Diesel oil tax ____________________ ___________________

(c) Liquefied petroleum tax ____________________ ___________________

(d) Consumption tax _____%(FILL IN)_____

_____¥(FILL

IN)_____

(End of Certificate)

CONTRACTOR PERSONNEL

Base Passes for Contractor Employees: The Contractor shall be responsible for obtaining all base passes for its employees and its sub-contractor’s employees under this contract. All Base Pass requests under this contract shall include approval from the Government appointed representative at the activity

(Station Motor Transport Division, Logistics Department), MCAS Iwakuni. The Contractor shall return all applicable base passes upon termination of employment or completion of this contract to the Provost

Marshall’s Office (PMO), Pass and Registration and certification of receipt shall be obtained and submitted to the activity. The Contractor shall submit a listing of employees terminated under this contract to the Contracting Officer within seven (7) days of the effective date of termination.

Contractor Personnel Appearance and Identification: The Contractor’s employees shall be easily recognized as Contractor employees. This may be accomplished by either (1) the Contractor employee wearing distinctive clothing bearing the company’s name and employee’s name, or (2) the Contractor employee wearing an identification badge bearing the company's name and the employee's name, with the badge worn or attached to the employee's outer garment at all times. Clothing or badges shall be provided by the Contractor. Contractor’s employees shall present a neat and clean appearance.

Removal of Contractor’s Employees: The Contractor agrees to utilize only experienced, responsible and capable people in the performance of work. The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor by the Contracting Officer as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population. The Contacting Officer may require that the Contractor remove from the Government job employees who endanger persons or property, whose continued employment under this contract is inconsistent with the interest of military security, or who are determined by the Contracting Officer or

Contracting Officers Representative as being incapable of rendering the services in accordance with the contract.

Prohibition of Employment: The Contractor shall not employ any person who is an employee of the US

Government if employing that person would create a conflict of interest. Therefore, the Contractor shall not employ any person who is an employee of the US Government, either military or civilian, unless such person seeks and receives approval in accordance with DOD 5500.7R, Joint Ethics Regulation.

The Contractor, as a stipulation of this contract, acknowledges that Designated Third Country National

(DTCN) Contractor employees are not permitted aboard any Marine Corps Bases Japan (MCBJ) Camp, Air Station, or facility in Japan. Signature of the award document constitutes acknowledgement, and binds the Contractor to all terms specified in the contract. A listing of Designated Third Countries can be found in USFJ Instruction 31-204 (Designated Third Country Nationals).

Employment of Military Personnel: The Contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours, or deployment. Military Reservists and National Guard members may be subject to a recall to active duty.

The abrupt absence of these personnel could adversely affect the Contractor's ability to perform. Their absence at any time shall not constitute an excuse for non-performance under this contract.

Employment Benefits: This is a Non-Personal Service Contract. No provisions are implied or provided in this contract for any benefits such as medical care, retirement, or worker’s compensation.

CONTRACTOR MOTOR VEHICLES

Registration/Permits for Contractor’s Motor Vehicle(s): All company-owned and privately owned motor vehicles required to be in military installations during the performance of this contract must be registered with the Provost Marshal’s Office (PMO), Pass and Registration, MCAS Iwakuni. Vehicle permits may be issued to civilian Contractors for the duration of their contract, until expiration of base pass or vehicle inspection, whichever occurs first or until termination of their employment. Included in vehicle permit requests shall be the license number, year, make, model, color, and operator’s name for each vehicle. The Contractor shall hand-carry the request to the Pass and Registration, Building 608, Rm

101, MCAS Iwakuni (Telephone #0827-79-4640). All necessary decals and/or permits shall be displayed on the vehicles in the manner directed by the Pass and Registration. Proof of insurance must also be presented to the Provost Marshal upon submission of the temporary vehicle permit or vehicle decal or upon request. The minimum requirement for insurance is the Japanese Compulsory

Insurance (JCI) under Japanese Motor Vehicle Damage Compensation Guarantee Law. Upon contract expiration or vehicle inspection expiration, whichever comes first, any vehicle passes received for operation under this contract shall immediately become void.

Identification of Contractor’s Vehicle(s): Each Contractor vehicle shall have the name of the

Contractor neatly exhibited on each side of the cab. The vehicle shall be in maintained in a satisfactory mechanical condition, shall at all times, display a valid license plate and safety inspection sticker. The

Contractor shall operate vehicles in compliance with base traffic regulations.

ADDITIONAL REQUIRED INSURANCE FOR JAPAN

(a) All vehicles must be properly inspected/Insured in accordance with Japanese Compulsory Insurance

(JCI). The Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance on each vehicle used by the Contactor at the work site:

Type: Automobile Property Damage Insurance Amount: JP30,000,000 (or U.S. Dollar equivalents)

Bodily Injury Insurance Amount: JP30,000,000 Yen (or U.S. Dollar equivalents)

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance.