Amend 0001.pdf

NAVFAC FAR EAST

FEAD IWAKUNI

PSC 561 BOX 1871

FPO AP 96310-0019

ACQR5763800

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

IFB N4008420B0054 Amend 0001, INTEGRATED SOLID WASTE MANAGEMENT SERVICES AT U.S. MARINE CORPS AIR STATION (MCAS)

IWAKUNI, JAPAN

Description of the amendment begins on page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 15-Apr-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N4008420B0054

X 9B. DATED (SEE ITEM 11)

10-Apr-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 2 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

15-Apr-2020

CODE

NAVFAC FAR EAST

CORE EXECUTION TEAM

PSC 473 BOX 13

FPO AP 96349-0013

N40084 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE N40084

FACILITY CODECODE

EMAIL:TEL:

N4008420B0054

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0001

a. The purpose of Amendment 0001 is to:

(1) Correct CLIN 0008 and CLIN 0010 description from “NTEGRATED” to

“INTEGRATED”.

(2) Provide additional information under ADDENDA TO FAR 52.212-1.

(3) Correct LOCAL CLAUSES, PAPERLESS CONTRACTING paragraph numbering.

b. All other terms and conditions remain unchanged.

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0008

The CLIN extended description has changed from:

NTEGRATED SOLID WASTE MANAGEMENT SERVICES AT U.S.MARINE CORPS AIR STATION (MCAS)

IWAKUNI, JAPAN The Contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and perform NON-RECURRING Integrated solid waste management services at U.S. Marine Corps Air Station (MCAS) Iwakuni, Japan in accordance with the attached Performance Work Statement. NON-RECURRING work is work that may be ordered during this period in accordance with the procedures described in the contract. Each order, if issued, will specify the exact locations, types of work, and period of performance.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Non- Recurring Work – i.e. the total of Exhibit Line Item Numbers (ELINs) D700 through D748 in Attachment J- 0200000-16. Planned 3rd Option Period: 01 Sep 2023 - 31 Aug 2024 For internal administrative purposes, contract values will be expressed in U.S. Dollars, however, all bids shall be in Japanese Yen and contractors will be paid in Japanese Yen.

To:

INTEGRATED SOLID WASTE MANAGEMENT SERVICES AT U.S.MARINE CORPS AIR STATION

(MCAS) IWAKUNI, JAPAN The Contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and perform NON-RECURRING Integrated solid waste management services at U.S. Marine Corps Air Station (MCAS) Iwakuni, Japan in accordance with the attached Performance Work Statement. NON-RECURRING work is work that may be ordered during this period in accordance with the procedures described in the contract. Each order, if issued, will specify the exact locations, types of work, and period of performance.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Non- Recurring Work – i.e. the total of Exhibit Line Item Numbers (ELINs) D700 through D748 in Attachment J- 0200000-16. Planned 3rd Option Period: 01 Sep 2023 - 31 Aug 2024 For internal administrative purposes, contract values will be expressed in U.S. Dollars, however, all bids shall be in

CLIN 0010

The CLIN extended description has changed from:

NTEGRATED SOLID WASTE MANAGEMENT SERVICES AT U.S.MARINE CORPS AIR STATION (MCAS)

IWAKUNI, JAPAN The Contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and perform NON- RECURRING Integrated solid waste management services at U.S. Marine Corps Air Station (MCAS) Iwakuni, Japan in accordance with the attached Performance Work Statement. NON-RECURRING work is work that may be ordered during this period in accordance with the procedures described in the contract. Each order, if issued, will specify the exact locations, types of work, and period of performance.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Non- Recurring Work – i.e. the total of Exhibit Line Item Numbers (ELINs) E700 through E748 in Attachment J- 0200000-16. Planned 4th Option Period: 01 Sep 2024 - 31 Aug 2025 For internal administrative purposes, contract values will be expressed in U.S. Dollars, however, all bids shall be in

To:

INTEGRATED SOLID WASTE MANAGEMENT SERVICES AT U.S.MARINE CORPS AIR STATION

(MCAS) IWAKUNI, JAPAN The Contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and perform NON-RECURRING Integrated solid waste management services at U.S. Marine Corps Air Station (MCAS) Iwakuni, Japan in accordance with the attached Performance Work Statement. NON-RECURRING work is work that may be ordered during this period in accordance with the procedures described in the contract. Each order, if issued, will specify the exact locations, types of work, and period of performance.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Non- Recurring Work – i.e. the total of Exhibit Line Item Numbers (ELINs) E700 through E748 in Attachment J- 0200000-16. Planned 4th Option Period: 01 Sep 2024 - 31 Aug 2025 For internal administrative purposes, contract values will be expressed in U.S. Dollars, however, all bids shall be in

The following have been modified:

ADDENDA TO FAR 52.212-1

ADDENDA TO FAR 52.212-1 – ADDITIONAL INSTRUCTIONS TO OFFERORS

NOTICE TO BIDDERS

1. DESCRIPTION

a. It is the intention of this solicitation to obtain Integrated Solid Waste Management Services at various locations throughout U.S. Marine Corps Air Station (MCAS) Iwakuni, Japan. The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide Solid Waste Management Services in accordance with the performance-based specification.

b. The NAICS for this procurement 562111, Solid Waste Collection. The resultant contract will consist of a base period and four (4) option periods Indefinite-Delivery/ Indefinite-Quantity (IDIQ) contract and is comprised of recurring and non-recurring work.

c. This contract contains a 12-month Base Period with provisions for four (4) one-year Option Periods for a total -months contract. The Base Period and each Option Period shall be for the following performance period (Dates are approximate dependent upon the actual award date of the contract):

(1) Base Period – CLINs 0001 & 0002: 12 months from 01 Sep 2020 to 31 Aug 2021

(2) 1st Option Period – CLINs 0003 & 0004: 12 months from 01 Sep 2021 to 31 Aug 2022

(3) 2nd Option Period – CLINs 0005 & 0006: 12 months from 01 Sep 2022 to 31 Aug 2023

(4) 3rd Option Period – CLINs 0007 & 0008: 12 months from 01 Sep 2023 to 31 Aug 2024

(5) 4th Option Period – CLINs 0009 & 0010: 12 months from 01 Sep 2024 to 31 Aug 2025

d. The Base Period (CLINs 0001 and 0002) scope of work includes, but is not limited to all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide integrated solid waste services at various locations throughout U.S. MCAS Iwakuni, Japan.

Option CLINs 0003 through 0010 are for the continuation of these services.

2. SYSTEM FOR AWARD MANAGEMENT (SAM)

Contractors must be actively registered in the System for Award Management (SAM) prior to award of a DoD contract. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.aquisition.gov or https://www.sam.gov/portal/public/SAM/ or by calling 866-606- 8220, or 334-206-7828 for international calls. A contract cannot be awarded to a contractor not actively registered in the SAM. Remember to review the NAICS codes listed in your record and make sure that you have listed the NAICS code for this procurement.

3. PUBLIC OPENING OF BIDS

Bids (with all required supporting documentation) shall be emailed, hand-delivered or mailed so as to arrive at CFAY, Building 1828, prior to the time set for bid opening stated in this Invitation for Bids (IFB). Use of Japan Postal Service is not recommended. Any bids delivered by fax will be unacceptable and not considered for award.

Bids will be publicly opened on THURSDAY, 4 JUNE 2020 AT 2:00 PM JAPAN STANDARD TIME (JST) AT BUILDING 1828 ON YOKOSUKA NAVAL BASE. Their content will be made public for the information of bidders and others interested, who may be present either in person or by teleconference.

The abstract of offers will be made public for this information of bidders and others who may be present in person, by representative, or by phone.

Bidders planning to attend the public opening at CFAY are required to email the attendees name and company name to Emiko.Uyama.JA@fe.navy.mil and Wendie.Narvarte@fe.navy.mil at least five (5) working days prior to the bid opening date.

4. BIDS SUBMITTAL REQUIREMENTS

4.1 CONTENT OF BIDS

Bidders are required to complete and submit the following items;

(1) Standard Form 1449 (Solicitation/Contract/Order for Commercial Items). Bidders shall complete blocks 17a, 30a, 30b and 30c, and Item No. 0001 through 0010 of Section SF1449 – Continuation Sheet.

(2) Acknowledgment of Amendments (SF30), if any.

(3) Completed Exhibit Line Item Numbers (ELINs) Spreadsheet (J-0200000-16), per Attachment (2).

(Electronic copy shall be in both PDF and EXCEL formats)

(4) JVA or Partnership Agreement (if applicable).

(5) Completed Representations and Certifications, Part (F) of SF1449 (all pages).

BIDDERS MUST SUBMIT ITEMS ITEMS (1) THROUGH (4). FAILURE TO PROPOSE ON ALL ITEMS

MAY RESULT IN THE BID BEING REJECTED AS NON-RESPONSIVE. SUBMISSION OF ITEM (5) IS

HIGHLY ENCOURAGED TO FACILITATE RESPONSIBILITY DETERTERMINATION.

4.2 BIDS SUBMISSION

a. Bids must be received at the Naval Facilities Engineering Command (NAVFAC) Far East, Acquisition Branch, 1st Bldg#1828or if hand carried, no later than the date and the time specified in this solicitation or emailed at Emiko.Uyama.JA@fe.navy.mil and Wendie.Narvarte@fe.navy.mil

b. HAND DELIVERED / MAILED BIDS:

Bids that are hand delivered or mailed shall be submitted in a sealed package, in one (1) original and one (1) copy, with one (1) electronic copy. Electronic copy of all bids shall be submitted on a CD and/or a DVD in Adobe Portable Document Format (PDF) unless otherwise specified in the solicitation (See ELINs).

c. Sealed envelopes containing bids shall be marked to show the following;

- Bidder’s name and address

- Solicitation number (N4008420B0054)

- Date and time bids are due

d. Any bidders who do not have gate access for CFAY may send their bid via mail, base authorized courier, or base authorized contractor representative, to be delivered prior to the bid due date. Bids shall be sent to:

Naval Facilities Engineering Command (NAVFAC) Far East Attn: Emiko Uyama, Acquisition Department N40084-20-B-0054

BLDG 1828, 1ST FLOOR, BOX 13

TOMARI-CHO, YOKOSUKA-SHI, KANAGAWA-KEN 238-0001

JAPAN

e. Should there be a discrepancy between the paper copies and the CD/DVD versions, the paper copies shall govern.

f. BIDS SUBMITED VIA EMAIL:

No email sent shall be larger than 4 MB in size. If the proposing company must send multiple emails, then each email must be labeled with the subject as “Email of x of n”, where x is the unique number and n is the total number of emails. The time stamp of when the email is received by the Contracting Officer shall be official, so please provide enough time when sending to allow for possible server delays.

g. Facsimile responses will not be considered.

5. AUTHORIZATION TO OPERATE AND CONDUCT BUSINESS IN JAPAN

Any contract resulting from the solicitation will be awarded and performed in its entirety in the country of Japan.

Contractor 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. Prior to award of any contract, bidders must be registered to do business in Japan and possess all valid permits and licenses as required by the contract. The U.S. Government will not offer “United States Official Contractor” status under Article XIV of the U.S. – Japan Status of Forces Agreement (SOFA) to any offeror awarded a contract under the solicitation; nor will be the U.S. Government certify any employees of a contractor as “Members of the Civilian Component” under Article I (b) of the SOFA.

6. BIDDER'S QUALIFICATIONS

a. Bidders will be required to provide verification of such permits and licenses prior to award of the contract to the contracting officer if such information is not already on file with or available to the contracting officer.

b. As required by the PWS, 0200000-Management and Administration, Spec Item 2.3.4, Permits and Licenses, the

Contractor shall obtain all required permits, licenses, and authorizations to perform work under this contract and comply with the Japan Environmental Governing Standards (JEGS), Waste Management and Public Cleansing Act (Haikibutsu no Shori Oyobi Seiso ni Kansuru Horitsu), and all the other applicable Federal, host nation (Japanese), prefectural, and local laws and regulations. See the PWS, 1503030 – Integrated Solid Waste Management, Spec Item 2.3.3, Permits and Licenses for more details.

c. The JEGS prohibits the generators of industrial waste to contract with a licensed transporter that requires the transporter to then separately subcontract with a licensed disposal facility. Therefore, a single Contractor shall be licensed to both transport and dispose of industrial waste. A Joint Venture Agreement (JVA) wherein one joint venture (JV) partner possesses a required transportation license and the other partner possesses a required disposal license is an acceptable alternative to meet this single contractor requirement. Such JV must be registered in the System for Award Management (SAM) website and possess a valid NATO Commercial and Government Entity (NCAGE) code prior to submittal. In case of a JV, the JVA shall include all contractors involved in the Bidder’s proposed Solid Waste Management (SWM) Plan. Such plan shall be submitted by the Contractor after award as required by the Contract. Please refer to paragraph 11. below for JVA submittal requirements.

d. See paragraph 12. below for submittal requirements for permits and licenses after the bid opening.

e. Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding the bidder’s previous experience in performing comparable work, its business and technical organization, financial resources, and such other information as may be required to evaluate the bidders responsibility.

7. SCHEDULE OF WORK

a. Bidders shall enter unit prices and amounts for Contract Line Item Numbers (CLINs) and Exhibit Line Item

Numbers (ELINs), Attachment J-0200000-16, Attachment (2), as identified in the schedules and any accompanying exhibits.

b. Unit prices shall not include any costs associated with Japanese customs duties or the following Japanese taxes:

(a) Consumption tax; (b) Commodity tax; (c) Traveling tax; (d) Gasoline tax and local road tax on gasoline; (e) Diesel oil tax; (f) Electricity and gas taxes; (g) Liquefied petroleum gas tax. The U.S. Government is exempt from Japanese customs duties and the Japanese taxes. Upon request, the Contracting Officer will issue the contractor customs or tax exemption certificates as appropriate to relieve the contractor from these costs.

c. Bids shall be priced in Japanese Yen only. All the discretion of the Contracting Officer, bids not priced in

Japanese yen may be deem non-responsive, and will not be eligible for award. For internal administrative purposes, contract values will be expressed in U.S. Dollars, however all bids shall be in Japanese Yen and contractors will be paid in Japanese Yen.

d. In the event that there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended bid and the total of the CLINs or ELINs will be recomputed accordingly. The CLIN which includes recomputed contract ELINs will also be recomputed to take into account the change in the contract ELIN. If the bidder provides a total amount for a CLIN or ELIN but fails to enter the unit price, the total amount divided by the CLIN or ELIN will be held to be the intended unit price.

e. The Government reserves the right to award some or all of the ELINs in any order depending on availability of funds and operational requirements.

8. INQUIRIES REGARDING THE SOLICITATION

Inquiries regarding this Invitation for Bids (IFB) shall be submitted in writing, in English, electronically using the Government Pre-Bid Inquiry Form (Attachment (4)) in Excel format. Point of Contact (POC) for inquiries is Emiko Uyama, email at Emiko.Uyama.JA@fe.navy.mil and Wendie.Narvarte@fe.navy.mil. The Government does not intend to respond to inquiries submitted less than 14 days (21 May 2020) before the bid opening date.

Responses will normally be provided by an amendment to the solicitation.

9. AMENDMENTS

The Governments may amend this solicitation before the closing date. Any such amendments will be posted to the website https://beta.sam.gov; hard copies of the amendment will not be mailed. It is the bidder’s responsibility to check the website periodically for any amendments. The contractor must acknowledge any and all amendments issued under this solicitation by signing each SF30 (amendment) and submitting it with the contractor’s bid.

10. PRE-BID CONFERENCE AND SITE VISIT

(a) There will be a Pre-Bid Conference conducted at 01:00 PM, Japan Standard Time on 24 April 2020 at:

NAVFAC FE FEAD Iwakuni PSC 561, Box 1871, FPO AP 96310-0019 Bldg. 100, Misumi-cho, Iwakuni-shi Yamaguchi, Japan 740-0025 1st Floor, Training Room #142

Primary POC: Youko Abe, Contract Specialist Email: youko.abe.ja@usmc.mil Tel: 0827-79-4501

Alternate POC: Reiko Nishimoto, Purchasing & Contract Specialist Email: reiko.nishimoto.ja@usmc.mil Tel: 0827-79-6524

Site Visit will follow immediately after the Pre-Bid Conference.

(b) Individuals are required to have a “BASE ACCESS PASS” for the event. If the attendee does not possess a valid pass, please submit the 1-Day Official Entry/Exit Request (Attachment (3)) to the Contract Specialists via email to all of three: emiko.uyama.ja@fe.navy.mil , youko.abe.ja@usmc.mil and reiko.nishimoto.ja@usmc.mil no later than 17 April 2020, 11:00 AM, Japan Standard Time to coordinate for an escort.

The excel file includes DD2923, Privacy Act Data Cover Sheet. The Contractor shall submit both DD2923 and the completed Escort Request Form via email.

(c) All prospective Bidders are urged to attend this conference and the site visit. In order to make this conference as productive as possible, Bidders are requested to submit one week prior to the pre-bid conference, any questions they may have in writing via email to all of three: emiko.uyama.ja@fe.navy.mil , youko.abe.ja@usmc.mil and reiko.nishimoto.ja@usmc.mil. All Questions must be in writing and in English Only. All Questions / Inquiries must be submitted using Attachment (4), Government Pre-Bid Inquiry Form in Excel format.

(d) Failure of a prospective Bidder to submit any questions will be construed to mean that the Bidder fully understands all requirements of the solicitation. Prospective Bidders are advised that the pre-bid conference will be held for sole purpose of explaining terms and conditions of this solicitation only.

(e) No minutes of this meeting will be issued.

(f) Participants are responsible for wearing appropriate Personal Protective Equipment (PPEs).

(g) Contractors are not authorized to take photos during the site visit.

11. JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS (LTD), AND ETC.

JVs and Limited Liability Companies and Limited Partnerships shall submit the following additional documentation regarding their business entities with the bid. The JVA shall include all contractors involved in the Bidder’s proposed Solid Waste Management (SWM) Plan.

(a) A copy of the JV, LLC or LTD agreement.

(b) A detailed statement outlining the following in terms of percentages where appropriate:

1. The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing.

2. The management approach in terms of who will conduct, direct supervise, and control.

3. The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.

4. Identify (by name and title) the personnel having the authority to legally bind the partners/parties

(including authority to execute the contract documents and bonds).

(c) A list of partners/parties, to include company name, DUNS and CAGE numbers, address, point of contact, e-mail address, phone number and facsimile number. The list shall clearly indicate the type(s) of wastes and the functions (collection, transportation, intermediate facility, disposal, etc.) that each partner / party will be responsible for.

(d) JVA must demonstrate that the JV possesses all permits, licenses, authorizations to properly perform refuse collectioin, transportation, disposal and recycling services for different types of wastes covered by the contract in accordance with applicable laws and regulations.

12. RESPONSIBILITY DETERMINATION / PRE-AWARD SURVEY

The pre-award survey is not a part of the technical evaluation. FAR 9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract of ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations.

The Government may conduct a pre-award survey of the Offeror to determine whether such Offeror is qualified and capable of performing the contract. The pre-award survey may involve examination of the bidder's financial and technical status and understanding of the contract requirements.

The following are examples of the information that, upon request, the offeror shall be required to provide in writing to the pre-award survey team. Requested information shall be forwarded within three (3) days upon request or as indicated on the letter from the Contracting Officer. Failure to provide requested information, or a determination, after review of the information, of the Offeror's non-responsibility, may result in rejection.

(a) Proof of the Bidder’s ability to legitimately conduct business in Japan. This requirement may be satisfied by a Bidder (or one of a firm’s JV partners) having the Japanese registration entitled “Kaisha Tokibo Tohhon”.

A Bidder must provide the registration number, associated dates, and the issuing organization in order to be eligible for award.

(b) Company financial statement (balance sheets and income statements) for the past three years.

(c) Financial resources available to perform the contract. Submit evidence of availability of working/operating capital that will be used for the performance of the contract. If the bidder plans to rely on financial support from other sources, identify the maximum lines of credit that will be available to include documentation to support the amounts. The maximum lines of credit should be based upon the inclusion of this contract effort. For JVs discuss the financial responsibilities among the companies and provide the same information for each partner.

(d) Newly-formed entities (e.g. limited liability companies (“LLC’s”). limited partnerships (‘LTD’s”) and newly created corporate subsidiaries) that is the entity liable on the contract ordinarily have no record or and insufficient record of relevant experience, past performance, and financial capability to support a responsibility determination. In such cases, the bidder may rely on the resources of the LLC member, parent, limited partner, or other entities related to the Bidder for responsibility purposes where the offer submits guaranty from the entity providing the resources.

(e) Identification of the Contractor's personnel and management to be used on this contract.

(f) The Contractor's technical and management plans for performing required services.

(g) Description of Contractor's facilities and equipment.

(h) Summary of the Contractor's experience in performing work of the type required by this specification.

(i) Other work presently under contract. Prior contracts for similar work, and the names and addresses of individuals with the organization issuing the contract who may be contacted for information concerning the Contractor's performance.

Notes for (h) and (i): The information may include work under contract in the U.S. Government, Government of Japan, or the private sector.

IMPORTANT NOTICE TO BIDDERS:

As part of the responsibility determination, after the bid opening, the Contracting Officer will request the lowest bidder / prospective awardee to provide the permits and licenses held by the bidder. In case of a JV, the permits and licenses held by each JV partner /licenses.

Failure to submit the permits / licenses to the Contracting Officer by the designated due date and time will result in the bid being rejected as non-responsible. When the lowest bidder is found non-responsible, the Government will award the Contract to the next lowest bidder who has the required permits / licenses.

13. INCURRED EXPENSES

The Government is not responsible for any costs incurred or associated with the preparation and submission of a bid in response to this solicitation.

14. NO ALTERNATE OR MULTIPLE BIDS

Neither multiple bids, nor bid variations or options, nor alternate or alternative bid will be considered in the evaluation.

15. FAR 14.407-2, APPARENT CLERICAL MISTAKES

(a) Any clerical mistake, apparent on its face in the bid, may be corrected by the contracting officer before award.

The contracting officer first shall obtain from the bidder a verification of the bid intended. Examples of apparent mistakes are –

(1) Obvious misplacement of a decimal point;

(2) Obviously incorrect discounts (for example, 1 percent 10 days, 2 percent 20 days, 5 percent 30 days);

(3) Obvious reversal of the price f.o.b. destination and price f.o.b. origin; and

(4) Obvious mistake in designation of unit.

(b) Correction of the bid shall be effected by attaching the verification to the original bid and a copy of the verification to the duplicate bid. Correction shall not be made on the face of the bid; however, it shall be reflected in the award document.

(c) Correction of bids submitted by electronic data interchange shall be effected by including in the electronic solicitation file the original bid, the verification request, and the bid verification.

16. CANCELLATION OF SOLICITATION

The Government reserves the right to cancel all invitations and/or reject all bids before award if the Procurement Contracting Officer (PCO) later determines it to be necessary. The procedures in FAR 14.404 shall be followed. In addition, if the PCO determines that an invitation for bids should be canceled and that use of negotiations is in the Government’s best interest, the PCO may negotiate and make award without issuing a new solicitation provided the provisions set forth at FAR 14.404-1(f) are met.

LOCAL CLAUSES

NMCARS 5237.102-90 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION

(ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for NAVFAC Far East, FEAD Iwakuni via a secure data collection site.

Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

CONCILIATION

a. 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.

b. 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 contracting officer’s final decision to either the Armed Services Board of Contract Appeals or U.S. Court of Federal Claims.

c. Upon filing a request for conciliation with the Joint Committee, the Contractor shall immediately notify the Contracting Officer in writing of the request.

CUSTOMS AND TAX EXEMPTION

In accordance with the Status of Forces Agreement, the U.S. Government is entitled to an exemption from Japanese customs duties and Japanese commodity and gasoline taxes. The Contractor warrants that all taxes and customs duties pertinent to the procurement for which the U.S. Government is exempt have been excluded from the contract price. The Contractor is required to submit a request in writing to the Contracting Officer for issuance of an import or tax exemption certificate, as appropriate, relieving the Contractor from such customs duties or taxes.

CONSUMPTION TAX EXEMPTION PROCEDURES ON PURCHASE OF GOODS

AND SERVICES BY THE UNITED STATES ARMED FORCES IN JAPAN

[JAPANESE LAW NO. 108, 1988]

(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 "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 Japanese Consumption Tax on 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.

(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 provide 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) The exemption from the Japanese Consumption Tax applies not only to prime contractors, but also subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or foreign firm.

(d) By the submission of their offer, the offeror certifies that the Japanese Consumption Tax is not included in the bid/proposal/quote 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 USFJ Instruction 51-5 that may be obtained from the Procuring Contracting Office.

(End of NAVFAC Language)

AUTHORITY

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(b) A purported modification or change order issued by anyone other than the Contracting Officer;

(c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments;

or

(d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(ii) Expend hours in excess of a specified level of effort.

(End of NAVFAC language)

PAPERLESS CONTRACTING

a. The U.S. Navy (hereafter referred to as the Government) intends to administer any contract awarded under this solicitation using paperless contracting methods to the greatest extent practicable. Paperless contracting involves the use of an electronic medium such as the internet, computer diskettes, CD-ROM, or electronic mail (e-mail) in place of paper documents to award, solicit, or administer a contract.

b. In order to facilitate the use of paperless contracting methods, the Contractor shall possess the capability to communicate and exchange authenticated documents with the Government electronically during the contract performance period. Such capability shall include the ability to receive, acknowledge, reply to, and send documents via electronic mail. Additionally, such capability shall not require or be contingent upon any modification or upgrade to existing Government software. The Contractor also agrees to maintain such capability notwithstanding any changes or modifications to existing Government software during the contract performance period so long as the Government provides reasonable notice and any equipment and/or software required to maintain such capability is commercially available.

c. The Contractor shall utilize the paperless contracting capability described above as directed by the contracting officer during the contract performance period. Documents which may be required to be exchanged electronically include, but are not limited to, task orders, modifications, requests for cost proposals, and other routine correspondence. Exceptions to the contracting officer’s direction may be granted in unusual circumstances with the prior approval of the contracting officer.

d. Both the Contractor and the Government agree to share all such technical information as is necessary to facilitate efficient and reliable electronic communications during the period of contract performance. Such information may include such data as e-mail addresses, available software, and mutually agreed procedures, but shall not include any information the disclosure of which would violate any applicable licenses or other agreements. In case of any technical difficulties precluding the use of electronic communications, both the Government and the Contractor agree to work in good faith to resolve any such difficulties.

e. For informational purposes, the Government anticipates that its contracting personnel will utilize the following computer software programs during the administration of this contract: Microsoft Office (Excel and Word), Adobe Acrobat, and AutoCAD.

RECURRING WORK PRICE SCHEDULE

After the contract award, the successful Contractor shall provide an acceptable price schedule for the Recurring Work for the base period and the option years of the contract upon request by the Contracting Officer or the Contracting Officer’s Representative. The total of the price schedule must equal the amount awarded for Recurring

Contract Line Items 0001, 0003, 0005, 0007 and 0009. If for any reason this contract is modified, including the exercise of an option, and the modification affects the price schedule, the Contractor shall submit a revised price schedule as appropriate. Prices shown in the price schedule will be utilized in conjunction with FAR 52.212-2, “Contract Terms and Conditions-Commercial Items” clause in making deductions to the contract price for nonperformed or unsatisfactory work.

DO NOT SUBMIT the price schedule with the bid.

NOTICE

26 OCT 09

NOTICE

UNITED STATES LAWS AND REGULATIONS MAKE IT ILLEGAL FOR YOU TO PARTICIPATE

IN ANY OF THE FOLLOWING CONCERNING THIS SOLICITATION:

BID RIGGING

PRICE FIXING

COLLUSIVE BIDDING

BID ROTATION

OFFERING GRATUITIES

OFFERING OR RECEIVING KICK-BACKS

THE PRICES IN YOUR OFFER MUST BE ARRIVED AT INDEPENDENTLY WITHOUT ANY

CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER OFFEROR OR

COMPETITOR.

YOUR OFFER CAN NOT BE DISCLOSED BY YOU DIRECTLY OR INDIRECTLY TO ANY OTHER

OFFEROR OR COMPETITOR BEFORE BID OPENING.

IT IS ALSO UNLAWFUL FOR YOU TO INDUCE ANY OTHER BUSINESS TO, OR ALLOW

ANOTHER BUSINESS TO INDUCE YOU TO SUBMIT OR NOT SUBMIT AN OFFER FOR THE

PURPOSE OF RESTRICTING COMPETITION.

ALL OF THE ABOVE ACTS ARE ACTS OF DISHONESTY UNDER UNITED STATES LAWS AND

REGULATIONS AND ARE FORBIDDEN.

PENALTIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH

ANY UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND

RECOUPMENT OF PRIOR MONIES PAID.

IF YOU ARE SOLICITED BY ANY OTHER BUSINESS TO COMMIT WITH ANY OF THE ABOVE

ILLEGAL ACTS, PLEASE NOTIFY NAVFAC FAR EAST AT TELEPHONE NUMBER 046-816-4092.

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