4_FA520919R8000.pdf

Page 1 of 15 Solicitation No.

FA520919R8000

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

The solicitation number is: FA520919R8000 issued as a Request for Proposal (RFP).

1. REQUIREMENT:

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

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

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

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

2. PERIOD OF PERFORMANCE/ORDER:

1 May 2019 through 30 Apr 2024 (5 years)

3. TECHNICAL DATA/REQUIREMENTS:

See Atch 1, Technical Descriptions

4. PRICE:

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

4.2 The proposal shall be submitted in accordance with the price schedule set forth in Exhibit A, Price Schedule, including the fixed consumption unit, extended, and total price per cubic meter over the contract period.

4.3 Unit prices shall be the third decimal place.

4.4 Gas Resource Base is ¥57,250/ton

Page 2 of 15 Solicitation No.

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

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

4.7 Minimum Guarantee Amount is 44,100,000 m3 for the first year of the contract.

4.8 The maximum amount is 262,000,000m3 for the life of contract.

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

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

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

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

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

(c) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

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

(d) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

(e) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(f) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

(g) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

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

(h) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) (E.O. 13513).

(i) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

Page 3 of 15 Solicitation No.

(j) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(k) 52.232-33, Payment by Electronic Funds Transfer – System for Award Management

(Oct 2018) (31 U.S.C. 3332.

FAR 52.216-19 – Order Limitations

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 44,100,000m3, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 80,000,000m3;

(2) Any order for a combination of items in excess of 262,000,000 m3; or

(3) A series of orders from the same ordering office within 30days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 – Indefinite Quantity

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

Page 4 of 15 Solicitation No.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 Apr 2023.

6. ORDERING:

6.1 Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the Contracting Officer. Such order may be issued from 1 May 2019 through 30 Apr 2023.

6.2 The Contractor shall furnish to the Government, when and if ordered, the supplies or service specified in the Attachment 1, Technical Description. The Government shall order at least the quantity of supplies designated in this contract and Attachment 1, Technical Description as the “minimum”.

6.3 All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.

7. TAXES:

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

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

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

8. STANDARD FORM 1034, PAYMENT AND INVOICES

8.1 Standard Form (SF) 1034, Public Voucher for Purchase and Services Other Than Personal, shall be sent to the Contractor to claim the tax exemption. The Payment Office, Defense Finance and Accounting Services (DFAS), shall attach a copy of contractor’s invoice when they send SF 1034 to the address designated by the Contractor.

Page 5 of 15 Solicitation No.

8.2 Invoices shall be addressed to:

Technical Representative

NAVFAC FE

Bldg 1805 PSC 473 Box 13, FPO AP 96349-0013 or Ichibanchi, Tomari-cho, Yokosuka-shi, Kanagawa 238-0041

8.3 Payments will be made by:

DFAS-J/JRLG

UNIT 5220

FUSSA-SHI, TOKYO 197-0001 JP

CODE: HQ0721

9. INSPECTION/ACCEPTANCE:

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

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

and

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

10 COMPTROLLER GENERAL EXAMINATION OF RECORD:

The Contractor shall comply with the provisions of this section (15) 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.

10.1 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.

10.2 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

Page 6 of 15 Solicitation No.

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.

10.3 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.

11. LEGAL SUCCESSOR:

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

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

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

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

(1) Contract number and type;

(2) Name and address of the contracting office;

(3) Total dollar value, as amended; and

(4) Approximate remaining unpaid balance.

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

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

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

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

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

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

Page 7 of 15 Solicitation No.

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

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

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

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

(h) The consent of sureties on all contracts listed under paragraph 17.1.2.b. if bonds are required or a statement from the transferor that none are required.

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

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

12.2 The most current versions of the Transportation Service provisions of Tokyo Gas Co. Ltd., formulated pursuant to the Article 48 of the provision of an Ordinance of the Ministry of Economy, Trade and Industry (METI), and approved by METI. (The most current version of the provision is dated 1 Feb 2018, as of Apr 2018)

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

13. CONCIALIATION, CLAIMS:

13.1 Conciliation. Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the Contractor shall be made in accordance with the following procedures:

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

Page 8 of 15 Solicitation No.

(b) The request for conciliation will be submitted by the Contractor through the nearest Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

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

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

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

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

14. OMBUDSMAN:

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

14.1.2 Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

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

Page 9 of 15 Solicitation No.

JBPH-H, HI 96853-5427

Phone: (808) 449-8569

FAX: (808) 449-8571

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

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

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

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

15. CONTRACTING OFFICE:

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

15.1.1 The address of the Contracting Office:

374th Contracting Squadron

PKSA

Bldg 620 Yokota Air Base Fussa-shi, Tokyo, 197-0001, Japan

The envelope shall be marked “For Official Business”.

15.1.2 POINTS OF CONTACT:

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

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

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

Page 10 of 15 Solicitation No.

15.2 Technical Representative of the Contracting Officer:

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

15.2.1 POINTS OF CONTACT

Technical Representative: NAVFAC Far East (Mr. Takehisa Hara or other designated persons) Tel. DSN: 243-4918/Commercial 046-816-4918 Email: Takehisa.Hara.JA@fe.navy.mil

16. CONTRACTOR ACCESS TO US NAVY INSTALLATIONS:

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

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

The prime Contractor shall be responsible for all passes issued to his/her own or subcontractor's employees under this contract. As an escorting agency to the installation, the Contractor shall attend required inspections, investigations, and all maintenance and repair works that the Gas Transportation Service Provider and their subcontractors conduct to pursue the Gas Business Act that states a gas retailer must cooperate the Gas Transportation Service Provider and their subcontractors to ensure a steady implementation of the works. The Contractor shall return all applicable passes upon termination of employment or completion of this contract to the Pass Section, and a certificate of receipt shall be obtained.

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

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

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

16.5 Security Force and Fire Protection:

Page 11 of 15 Solicitation No.

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

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

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

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

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

17. FUNDING:

FY 19 planning funds are available for this contract. The US Government’s obligation under this contract extension is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the US Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. In the event appropriate funds will not become available, a stop work order will be issued to cease performance until such funds are available

18. CORRESPONDENCE IN ENGLISH:

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

19. OTHER CONDITIONS:

The Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database and for any liability resulting from the government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of the contract and is not a substitute for a properly executed contractual document. Offerors may obtain information on registration and annual confirmation requirements via the Internet at https://www.sam.gov/.

20. REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS

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

Page 12 of 15 Solicitation No.

that the official is expected to undertake on behalf of the contractor. “Covered DoD official,” as used in this clause, means an individual that-

20.1.1 Participated personally and substantially in an acquisition with a value in excess of $10 million, and serves or served in an Executive Schedule, Senior Executive Service, general or flag officer (grade O-7 and above) position, or

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

20.2 Failure by the contractor to comply with paragraph 27.1.2 above may subject the contractor to rescission of this contract, suspension, or debarment from future business with the US Government IAW applicable laws and regulations.

21. ANTICIPATED CONTRACT TYPE:

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

22. OTHER INFORMATION TO OFFERORS:

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

22.2 The service location (bldg. 3030) at Yokosuka Naval Base is connected to the natural gas net of Tokyo Gas Co., Ltd.

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

23. INSTRUCTIONS TO OFFERORS:

23.1 To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, in addition to those identified as evaluation factors or subfactors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

23.2 The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no

Page 13 of 15 Solicitation No.

longer exists, offerors may be required to submit cost data to the extent necessary for the Contracting Officer to determine the reasonableness and affordability of the price.

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

23.4 Offerors are advised to return the following documents:

(a) Signed proposal (Solicitation No. FA520919R8000). In doing so, the offeror accedes to the contract terms an dconditons as written in the solicitation with attachments.

(b) Exhibit A, Pricing Schedule. Insert proposed unit, extended and total price in the Pricing

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

Japanese consumption tax shall not be included. Unit prices shall be the third decimal place. For evaluation purpose, Fuel Expense Adjustment Cost and Renewable Energy Surcharge shall not be included in the prices, and a power factor assumes ±0.

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

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

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

24. EVALUATION OF PROPOSALS:

The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal conforming to the solicitation is evaluated to have the lowest and reasonable price. Lowest price will be determined by adding all the Items as addressed in Exhibit A, Pricing Schedule, for a total evaluated amount.

25. CLOSING DATE FOR RECEIPT OF PROPOSALS:

25.1 Proposals shall only be submitted electronically by email or facsimile no later than 8 Feb 2019, 14:00 hours Japan Standard Time to each of the following email addresses:

joshua.grubb@us.af.mil, and kayoko.seta.jp@us.af.mil. Late submission will be handled as follows:

(a) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the US Government office designated in the solicitation by the time specified in paragraph 32.1. above.

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

Government office designated in the solicitation after the exact time specified for receipt of

Page 14 of 15 Solicitation No.

offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

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

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

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

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

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

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

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

26. DISCUSSIONS AND AWARD:

26.1 DISCUSSIONS:

26.1.1 The US Government intends to evaluate proposals and award a contract without discussions. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price standpoint and submit all required documents. However, if during the evaluation period, it is determined to be in the best interest of the US Government to hold discussions, the US Government may open discussions with the offerors consistent with the evaluation criteria in

Page 15 of 15 Solicitation No.

item W. above. Discussions may be opened to resolve any potential mistakes contained in the offeror’s proposal, to clarify or revise pricing, or any other aspect of the proposals that may lead to a better understanding of the offeror’s proposals.

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

26.2 AWARD:

26.2.1 BASIS FOR CONTRACT AWARD: This is a competitive acquisition with price as the only evaluated factor for source selection. By submission of its offer in accordance with the instructions provided in item 21., Instructions To Offerors, above, the offeror accedes to the terms of this model contract. Failure to meet a requirement may result the offeror being ineligible for award. Award will be made to the responsible offferor whose offer conforming to the solicitation will be most advantageous to the Government. The Government will select the lowest unit price from the offeror who is determined to be responsible. The evaluation process will include the following:

(a) Price Evaluation. The government will rank all offers by the total offer price. The price evaluation will document the fairness and reasonableness of the total offer price. The offeror’s total proposed price will be Total Estimate Amount shown in Exhibit A, Pricing Schedule, addition of Estimate Amount of Item No. A001 ~ A401 for five (5) years. The Estimate Amount is determined by multiplying the estimate consumption by the unit price.

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

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

Exhibit/Atch(s) Exhibit A, Price Schedule Atch 1, Technical Descriptions (20 DEC 2018) Atch 2, Estimated Consumption