RFI's_Round_2.xlsx

Solicitation Questions

Discussion: Page 47 of 52 of the RFP states that, "(I) The offeror may demonstrate prime contractor experience through one or more of the members to the JV".

Page 50 of 52, item 6 states that "If the Offeror is part of a team arrangement as defined in FAR 9.601 (joint venture, teaming/partner), the offeror shall provide all required solicitation information for all parties".

Regarding page 46 of 52, item 1.f

(f) Licensing Requirement: Any contract resulting from this solicitation will be awarded and performed in its entirety in the country of Japan. Contractors 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 contract. Offerors must be registered to do business in Japan and possess a construction license (Kensetsu-Gyo Kyokasho) issued by the Ministry of Land, Infrastructure and Transport, or prefectural government. As such, the offeror shall submit a copy of their Japanese Business License and Japanese Construction License.

Page 50 of 52, item 6 states that "If the Offeror is part of a team arrangement as defined in FAR 9.601 (joint venture, teaming/partner), the offeror shall provide all required solicitation information for all parties".

Regarding page 46 of 52, item 1.e

(e) Representations and Certifications: The offeror shall complete the necessary fill-ins and certifications in Sections I through K. Section K shall be returned in its entirety. For Sections C through I, the offeror shall submit only those pages that require a fill-in.

Page 50 of 52, item 6 states that "If the Offeror is part of a team arrangement as defined in FAR 9.601 (joint venture, teaming/partner), the offeror shall provide all required solicitation information for all parties".

Regarding page 47 of 52, Part III

On both U.S Army Engineer District, Japan, and Naval Facilities Engineering Command, Far East, solicitations for work to be performed in Japan, we have been allowed to use the project experience or example performed by an “affiliate,” as that term is defined in FAR 2.101, and those project examples were evaluated as long as the offeror demonstrated a firm commitment that the affiliate will participate meaningfully in the performance of the solicited contract.

Proposal.

Will the Government consider a past experience by the Offeror under a Joint Venture, be considered as experience of the Offeror as a prime contractor?

52.222.26 Equal Opportunity Sep 2016

52.222-37 Employment Reports on Veterans Feb 2016 252.225-7012 Preference for certain domestic commodities Aug 2016 252.225-7045 Balance of payments program – Construction Material under trade agreements, Sep 2016

o 1.44 DISPOSITION OF EXCESS CONTRACTOR-FURNISHED MATERIALS

• Attachment J-5 AF other requirements o OCR 10- EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF FORCES AGREEMENT o OCR 11- TAX EXEMPTION CERTIFICATE

• Attachment J-6 NFAS (navfac) other contract requirements o Pg 4 of 172 As prescribed in 29.402-100(a), insert the following clause: 5252.229-9302 CONSUMPTION TAX EXEMPTION PROCEDURES ON PURCHASE OF GOODS AND SERVICES BY THE UNITED STATES ARMED FORCES IN JAPAN [JAPANESE LAW NO. 108, 1988] (JUN 1994) o Page 89 of 172 PART 29 TAXES SUBPART 29.4—CONTRACT CLAUSES 29.402 Foreign contracts. 29.402-100 NAVFAC contract clauses.

(a) Use the clause at 5252.229-9302, Consumption Tax Exemption Procedures on Purchase of Goods and Services by the United States Armed Forces in Japan o 5252.229-9304 Tax Relief. As prescribed in 29.402-100(b)(1), insert the following clause: TAX RELIEF (JUN 1994)

40. Please clarify the tax requirements for this MACC. Section I – Contract Clauses: Page 30 of 52, DFAR 252.229-7001 Tax Relief is typically filled in by the owner, but is left blank in this RFP. There are several attachments in the bid documents that reference various tax clauses that appear to have conflicting exclusions and procedures. Which of these below Tax clauses takes precedence for the MACC proposal? Air Force clauses are applicable to Air Force Task Orders and NAVFAC Clauses are applicable to NAVFAC Task Orders. Precedence will be determined based on what agency owns the Task Order requirement.

Pg 4 of 172 As prescribed in 29.402-100(a), insert the following clause:

5252.229-9302 CONSUMPTION TAX EXEMPTION PROCEDURES ON PURCHASE OF GOODS AND SERVICES BY THE UNITED STATES ARMED FORCES IN JAPAN [JAPANESE LAW NO. 108, 1988] (JUN 1994)

(a) The Consumption Tax Law (Law No. 108, 1988) was enacted in the Diet of Japan on 24 December 1988, and applied from April 1, 1989. The Government of Japan (GOJ) and the United States Government (USG), in accordance with paragraph 3, Article XII, of the "The Agreement Under Article VI of the Treaty of Mutual Cooperation And Security Between Japan And The United States of America Regarding Facilities And Areas And The Status of United States Armed Forces In Japan" (SOFA), have agreed upon procedures for exempting the United States from the Consumption Tax on the following transactions upon appropriate certification:

(1) Goods and services purchased in Japan for official purposes of the U. S. Armed Forces by the U. S. Armed Forces or its authorized procurement agencies;

(2) Goods and services purchased in Japan, by persons, including corporations, who are designated by the USG in accordance with the provisions of paragraphs 1 and 2, Article XIV of the SOFA (Article XIV Contractors), solely for the purpose of performing the business of construction, maintenance or operation under the contract for construction, etc., for use by the U. S. Armed Forces, or film and gasoline purchased in Japan by Article XIV Contractors solely for the business activities described above.

(b) The underlying objective is to obtain the full amount of the exemption from the tax on U.S. Forces procurements immediately at the time of purchase, and at the same time give the Contractor a proof of purchase document, acceptable to GOJ tax authorities, which he/she can present to the tax authorities to obtain a tax credit and/or refund for tax already collected and paid by previous sellers.

(c) By the submission of their offer, the offeror certifies that Japanese consumption tax is not part of the bid price, nor will it be a part of any subsequent modification to the contract. Procedures for Contractors to obtain a consumption tax credit are described in a handbook that may be obtained from the Procuring Contracting Office.

(End of clause) Will the contractors receive a tax exemption certificate for this MACC? Can the contractor be provided the handbook referenced in sub paragraph c of Attachment J-6 NFAS (NAVFAC) other contract requirements? This is not something that is provided during the solicitation phase. The handbook referenced in sub paragraph c of Attachment J-6 NFAS (NAVFAC) other contract requirements will be available to awardees.

Attachment J-2-2