20B5503_A0001.pdf

ACQR5809440

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 N4008420B5503, Precision Approach Radar Installation Site Prep for Runw ay 02_20 AN_FPN-68A at U.S. Marine Corps Air Station (MCAS) Iw akuni, Japan (ID#3869613)

Description of the amendment begins on Page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 04-Aug-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 N4008420B5503

X 9B. DATED (SEE ITEM 11)

22-Jul-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

04-Aug-2020

CODE

NAVFAC FAR EAST

FEAD IWAKUNI

PSC 561 BOX 1871

FPO AP 96310-0019

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4008420B5503

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0001

a. The purpose of this Amendment 0001 is to do the following;

(1) Replace Drawing C-03 with Attachment (1)*.

Note*: Access to this file is controlled. POCs for this attachment are youko.abe.ja@usmc.mil and reiko.nihimoto.ja@usmc.mil;

(2) Revise Solicitation SF1442, Section 00 21 13 – Instruction to Bidders, GENERAL INFORMATION, NOTICE TO BIDDERS, paragraph 4.1 CONTENT OF BIDS to add “Bid Bond”.

b. The Bid Opening Date remains unchanged as 21 Aug 2020, 11:00AM, Japan Standard Time.

c. All other terms and conditions remain unchanged.

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been modified:

GENERAL INFORMATION

NOTICE TO BIDDERS

1. BIDS: Bidders shall comply with this “Instructions to Bidders” and “Solicitation, Offer and Award

(Construction, Alteration, or Repair) (Standard Form 1442)” in the preparation of bids.

2. SYSTEM FOR AWARD MANAGEMENT REGISTRATION: Bidders must be actively registered in the System for Award Management (SAM) database to be eligible for award. For more information please go to https://beta.sam.gov. Bidders shall complete the provisions associated with the annual representations and certifications identified in the Federal Acquisition Regulation (FAR) subpart 4.1202 and Defense FAR Supplement (DFARS) subpart 204.1202.

3. PUBLIC OPENING OF BIDS: Bids will be publicly opened at U.S. Marine Corps Air Station (MCAS) Iwakuni, Japan, Building 100 at the time for bid opening stated in this Invitation for Bids. Their content will be made public for the information of bidders and others interested, who may be present either in person or by representative.

Bidders planning to attend the public opening in Iwakuni but do not possess a valid pass shall submit the 1-Day Official Entry/Exit Request (Attachment (4)) to the Contract Specialist via email to youko.abe.ja@usmc.mil and reiko.nishimoto.ja@usmc.mil to coordinate for an escort. Such request shall be submitted at least one week prior to the bid opening date. No transportation will be provided by the Government. Please be advised that if the application information is received after the specified due date, access may be denied for hand-carrying of the bid.

4. BIDS SUBMITTAL REQUIREMENTS:

4.1 CONTENT OF BIDS: (Revised by Amendment 0001)

(1) Standard Form 1442 (pages 1 through 3).

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

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

(4) Bid Bond.

(5) Completed Section 00 45 00 – Represetations and Certifications (fill out as appropriate)

(6) Completed FAR Provision 52.229-11 (See paragraph 18 of this section).

(7) Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement

Payments, if applicable (See pargraph 18 of this section).

BIDDERS MUST SUBMIT ITEMS (1) THROUGH (4). SUBMISSION OF ITEM (5) IS HIGHLY

ENCOURAGED TO FACILITATE RESPONSIBILITY DETERTERMINATION.

If exectuted FAR Provision 52.229-11 and completed IRS Form W-14 are not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

4.2 BIDS SUBMISSION:

a. Bids (with all required supporting documentation) shall be hand-delivered or mailed so as to arrive at MCAS Iwakuni, Building #100, 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 or email will be unacceptable and not considered for award.

b. Bids must be received at the Facilities Engineering & Acquisition Division (FEAD) Iwakuni, Acquisition Branch, or if hand carried, in the depository located in FEAD Iwakuni, Acquisition Branch, Bldg#100, no later than the date and the time specified in this solicitation.

c. Bids shall be submitted in a sealed package, in one (1) original and one (1) copy.

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

- Bidder’s name and address

- Solicitation number (N4008420B5503)

- Date and time bids are due

e. Any bidders who do not have gate access to U.S. MCAS Iwakuni may send their bid via a courier, to be delivered prior to the bid due date. Bids shall be sent to:

U.S. Marine Corps Air Station Iwakuni Misumi-cho, Iwakuni, Yamaguchi, Japan, 740-0025 FEAD Iwakuni, B#100, 1st Floor, Room#128 Acquisition Branch Attn: Ms. Youko Abe Telephone: 0827-79-4501

If hand-carrying or express mailing/private courier bid, the bidder is advised that the Contracting Officer is on a secured base and passes are required to enter the base. Anticipate delays in base access.

f. The Government will not pick up bids at the gate.

5. BIDDER'S QUALIFICATIONS: 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.

6. AUTHORIZATION TO PERFORM: In accordance with DFARS 252.225-7042, the Offeror must be duly authorized to operate and to do business in Japan.

7. CONTRACTOR LICENSING REQUIREMENTS: Prior to award of any contract, bidders must be registered to do business in Japan and possess a construction license (Kensetsu Gyo Kyoka) issued by the Ministry of Land, Infrastructure and Transport, or prefectural government. Bidders will be required to provide verification of such construction license prior to award of any contract to the contracting officer if such information is not already on file with or available to the contracting officer.

8. STATUS OF FORCES AGREEMENT: 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 this solicitation; nor will the U.S. Government certify any employees of a contractor as “Members of the Civilian Component” under Article I(b) of the SOFA.

9. BID GUARANTEE AND BONDING REQUIREMENTS: Bid guarantee and performance bonds are required by this solicitation. See FAR 52.228-1, 52.228-2, 52.228-11, 52.228-14 and 52.228-15 for details. See Section 00 60 00 for Bond Forms. The company name and address of Bid Bond (SF24) and Performance Bond (SF25) should match with the company name and address on the bid form.

In addition to those firms appearing on Treasury Circular 570, Japanese corporations executing bid and performance bonds will also be considered acceptable if authorized to act as sureties under Japanese law.

Japanese corporate sureties are requested to register with NAVFAC Far East prior to issuing any bond. The point of contact is Ms. Youko Abe at youko.abe.ja@usmc.mil, telephone 0827-79-4501.

10. 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 either by annotating it on the SF1442 or signing each SF30 (amendment) and submitting it with the contractor’s bid.

11. BIDS SHALL BE PRICED ONLY IN JAPANESE YEN. BIDS NOT PRICED IN JAPANESE YEN

WILL BE CONSIDERED NON-RESPONSIVE AND WILL NOT BE EVALUATED. 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.

12. COST LIMITATION: Contract Line Item 0001 is subject to statutory cost limitations in accordance with DFARS 252.236-7006 Cost Limitation included in this solicitation. The Government will utilize the Operations and Maintenance funds for this project and 10 U.S.Code §2805 – Unspecified minor construction, paragraph (c), USE OF OPERATIONS AND MAINTENANCE FUNDS applies to this acquisition. The cost limitation of $2,000,000 includes the construction project cost and all other additional cost associated with the project.

Accordingly, the bids exceeding 177,846,720 Yen / $1,6000,000.00 (@Y111.1542/$) may be rejected and may not be considered for award.

13. SITE VISIT: There will be an organized site visit for this project. For details please see FAR 52.236-27 Site Visit (Construction) included in this solicitation.

14. PRE-BID INQUIRIES: All inquiries concerning this solicitation shall be made using the attached Pre-Bid Inquiry Form (Attachment (5)) and submitted in Excel format via email to Ms. Youko Abe at youko.abe.ja@usmc.mil and Ms. Reiko Nishimoto at reiko.nishimoto.ja@usmc.mil. The Government does not intend to respond to inquiries submitted less than 10 calendar days (11 Aug 2020) before the bid opening date. Correspondence shall be in English ONLY in accordance with FAR 52.214-34 Submission of Offers in the English Language and DFARS 252.225-7041 Correspondence in English. Responses to inquiries will be provided in the form of a Notice or an Amendment and posted to the website https://beta.sam.gov. It is the responsibility of interested bidders to check the website periodically for any amendments to this solicitation.

15. JOINT VENTURE (JV) BIDDERS: Bidders who are Joint Ventures shall submit the following additional documentation regarding their business entities with the bid:

a. A copy of the JV agreement; and,

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, structure and decision-making responsibilities of the partners/parties in terms of who will conduct, direct supervise, and control the manner and method of performance of work; and

3) Identify (by name and title) the personnel having the authority to legally bind the JV and the various 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.

NOTES: A bid may be rejected if the company name identified on the bonds is different from the JV name identified on the agreement. The JV must be actively registered in the System for Award Management (SAM) database as the JV.

16. 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. Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available.

17. BIDS AND INVOICES EXCLUSIVE OF EXEMPTED TAXES AND DUTIES: Bids and any subsequent invoices submitted during performance of this contract shall not include the cost of any taxes or duties for which the U.S. government is exempt from paying under SOFA agreement with Japan and for which the contractor may obtain relief from Japanese authorities.

18. FAR PROVISION 52.229-11 AND FAR CLAUSE 52.229-12: FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons. It implements the Department of the Treasury final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign entities pursuant to certain contracts.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment. Failure to submit IRS Form W-14 with a payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Line 6 and 7:

Line 6 Contract / reference number: N4008420B5503 Line 7 Name and address of the acquiring agency:

Naval Facilities Engineering Command (NAVFAC) Far East City or town, state or province. Include postal code where appropriate Country (do not abbreviate) Bldg. 100, 1F, Misumi-cho, Iwakuni, Yamaguchi, Japan 740-0025 Japan

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and the execution/submission of IRS Form W-14. Additional information is also available at:

https://www.navfac.navy.mil/navfac_worldwide/pacific/fecs/far_east/about_us/contractors_information.html

19. INCURRED EXPENSES: The Government is not responsible for any costs incurred or associated with preparation and submission of a bid in response to this IFB.

20. NO ALTERNATE OR MULTIPLE BIDS: Neither multiple bids, nor bid variations or options, nor alternate or alternative bid will be considered in the evaluation.

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 OICC FAR EAST AT TELEPHONE NUMBER 046-816-4092.

(End of Summary of Changes)