N4008420R0056 Amendment 0004.pdf

ACQR5790576

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

N4008420R0056 Amendment 0004

See Page 2 for further details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 01-Sep-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 N4008420R0056

X 9B. DATED (SEE ITEM 11)

03-Aug-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 1 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

01-Sep-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

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4008420R0056

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 0004 INFO

The purpose of this Amendment 0004 is for the following:

1. Provide responses to the pre-proposal inquiries received as shown below.

No. Questions (Should include Specification Section or Drawing Reference) Answers

5 A current contract we are working on has following sentences;

"The Contractor is required to submit a reasonable number of good faith proposals for PTOs.

Contractors are not obliged to propose on all Task Orders; however, they are required to contact the Contracting Officer within two days of notification if they cannot participate in the walk through or submit an offer".

Is above sentence equivalent to Clause 2 on page 31 of RFQ?

We would like to confirm whether we can reject/decline task order depends on the SOW.

No. The contractor is required to perform work (that is within the scope of the contract) when non-recurring work is ordered by the Government.

Please refer to FAR 52.216-19 for instances in which the contractor is NOT obligated to furnish services under the contract.

6 Regarding “Completed Representations and Certifications (found in Section K of the Solicitation)" listed on the top line of RFQ page 39.

What is Section K?

Please see revised Paragraph 1 under “Volume I – Price Proposal”.

7 Page 39 of RFQ, Factor 1, Corporate Experience, we submit similar document for sources sought notice. Can the document be used this time?

Please refer to Solicitation Submittal Requirements under "Factor 1, Corporate Experience".

2. Revised Paragraph 2 under the “Additional Solicitation Info” and Paragraph 1 under “Volume I – Price

Proposal” to correct typographical errors.

All other terms and conditions remain unchanged.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

ADDENDA TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS

TIME FOR RECEIPT OF PROPOSALS

a. Offerors shall comply with this “Instructions to Offerors”, “Solicitation/Contract/Order for Commercial Items (Standard Form 1449)” and “Evaluation Factors for Award” in the preparation of Proposals. Offerors must thoroughly and fully review the solicitation and its attachments.

b. Non-price and price proposals shall be submitted in accordance with the “Evaluation Factors for

Award” no later than the date and time provided in Block 8 of the Standard Form 1449 (unless revised by a formal amendment), “Solicitation/Contract/Order for Commercial Items” Form.

Offerors are requested to hold proposed prices for 120 days after the date specified for receipt of proposals.

c. Proposals (with all required supporting documentation) shall be delivered by electronic mail (email) so as to arrive at the email address below prior to the time set for proposal closing date stated in this Request for Proposal (RFP), in order to be considered for award. No mail nor package delivery service will be accepted.

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 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.

Proposals shall be emailed to the following address:

Contract Specialist, Mr. Joshua Kaimikaua Joshua.Kaimikaua@fe.navy.mil

PRE-PROPOSAL CONFERENCE/SITE VISIT

The Government does not anticipate providing a site visit at this time.

INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING THE SOLICITATION

All questions concerning this solicitation shall be addressed to Mr. Joshua Kaimikaua, via email at Joshua.Kaimikaua@fe.navy.mil, by 18 August 2020 at 4:30 PM Japan Standard Time (JST). Responses to inquiries will be provided in the form of an Amendment and posted to the website https://www.beta.sam.gov/.

The Government may not respond to inquiries submitted after the inquiry submission cut-off date. All inquiries shall be submitted using Attachment 3 Pre-Proposal Inquiry Form.

AMENDMENTS AND NOTICES TO THE SOLICITATION

Amendments and notices will be posted to the website https://www.beta.sam.gov/. It is the offeror’s responsibility to check the website periodically for any amendments to the solicitation. Please note that notices do not change the solicitation. Changes to the solicitation can only be made by the issuance of amendments.

PROPOSAL CURRENCY

Proposals shall be priced only in Japanese Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.

SYSTEM FOR AWARD MANAGEMENT (SAM)

System for Award Management prior to award of a Department of Defense contract. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://beta.sam.gov/ or by calling 866-606-8220 or 334-206-7828 for international calls. A contract cannot be awarded to a contractor not registered in SAM.

INCURRED EXPENSES

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

NO ALTERNATE OR MULTIPLE PROPOSALS

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

NOTICE

UNITED STATES LAWS AND REGULATIONS PROHIBIT YOU FROM PARTICIPATING IN ANY OF THE

FOLLOWING CONCERNING THIS SOLICITATION/CONTRACT:

BID RIGGING

PRICE FIXING

COLLUSIVE BIDDING

BID ROTATION OFFERING

GRATUTIES 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 CANNOT 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 COMPANY TO, OR ALLOW ANOTHER

COMPANY TO INDCUE 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.

PENAL TIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY

UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND RECOUPMENTOF

PRIOR MONIES PAID.

EVALUATION FACTORS FOR AWARD

A. BASIS FOR AWARD

1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with offerors in the competitive range; and to award the contract to the offeror submitting the lowest priced, technically acceptable offer.

2. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

3. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

4. An overall non-price factors rating must be at least “ACCEPTABLE” in order to be eligible for award.

An “UNACCEPTABLE” rating in any factor results in the overall non-price factors proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price factors rating of “UNACCEPTABLE” makes a proposal ineligible for award.

B. ADJECTIVAL RATINGS/DESCRIPTIONS

Each offeror’s technical factors and past performance will be evaluated separately. Upon the conclusion of the evaluation of the technical factors, and past performance, an overall non-price factors rating of Acceptable (A) or Unacceptable (U) will be assigned to each offeror’s non-price factors proposal.

1. The following adjectival ratings and rating descriptions will be used to assign a rating to each technical factor. Use upper case letter ratings for major technical factor ratings. The addition of plus (+) or minus (-) to an adjective rating is not allowed.

Table A-1. Technical Acceptable/Unacceptable Rating Method

Adjectival Rating Description

Acceptable (A) Proposal meets the minimum requirements of the solicitation.

Unacceptable (U)

Proposal does not meet the minimum requirements of the solicitation.

The weaknesses and/or deficiencies (as defined below) of each proposal for each non-price evaluation factor which influenced the assigned adjectival rating shall be identified.

Definitions Weakness A flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness

A flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiency A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

C. SAFETY EVALUATION

The evaluation of safety has been tailored specifically to meet the requirements and constraints of contract performance in Japan and is described in Section D, Evaluation Factors for Award.

D. PAST PERFORMANCE EVALUATION

Past Performance shall be evaluated when using the LPTA process, unless waived by the PCO in accordance with FAR 15.101-2(b). Past performance will be rated on an “acceptable” or “unacceptable” basis using the ratings in the following table:

Table A-2. Past Performance Evaluation Rating Method

Adjectival Rating Description

Acceptable (A) Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable (U) Based on the offeror’s performance record, the Government does not have reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability a neutral rating shall be considered “acceptable.”

(a) Aspects of Past Performance Evaluation. The past performance evaluation results is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements. There are two aspects of the past performance evaluation.

(1) The first is to evaluate whether the offeror’s present/past performance is relevant or not relevant to the effort to be acquired. The criteria to establish what is relevant is unique to each LPTA source selection. For this solicitation, For this solicitation, a relevant project is defined in Section D Technical Factors under Factor 1 Corporate Experience.

(2) The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The past performance evaluation performed in support of a current source selection does not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts.

(b) SSEB members will review past performance information to determine the quality and usefulness as it applies to the performance confidence assessment.

E. EVALUATION FACTORS FOR AWARD

The solicitation requires the evaluation of price and the following non-price factors

Factor 1 – Corporate Experience Factor 2 – Safety Factor 3 – Past Performance

The distinction between corporate experience and past performance is corporate experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.

PROPOSAL REQUIREMENTS

The price proposal and the non-cost/price proposal shall include page numbers and be clearly marked and organized to present a clear, concise offer.

Volume I – Price Proposal Volume II – Non-Cost/Price Proposal (Factors 1, 2 and 3)

VOLUME I – PRICE PROPOSAL:

1. Solicitation Submittal Requirements:

The price proposal shall include the following:

a. Completed Block 17a on Page 1 and Contract Line Item Number (CLIN) amounts on Pages 3 through 10 of the Standard Form 1449 Solicitation/Contract/Order for Commerical Items. All prices shall be in Japanese Yen.

b. Copies of all amendments (if applicable) acknowledged.

c. Completed Exhibit Line Item Number (ELIN) worksheet in Microsoft Excel format as provided in Attachment 3 to support the amounts specified for each CLIN on Pages 3 through 10 of the solicitation.

Although not part of the price evaluation, Offerors should also include the following items if available with their price proposal to assist the Government in validating eligibility to receive an award:

a. An informational page that contains the following information:

(i) Solicitation Number and Title

(ii) Prime Contractor name, address, phone number, point of contact, and email address

1) DUNS number

• DUNS Numbers are provided by Dun and Bradstreet's Data Universal Numbering System (DUNS). Offerors can register for a DUNS number online at https://www.dnb.com/duns-number/get-a-duns.html. Offerors are not required to obtain a federal Tax Identification Number (TIN), also known as an Employer Identification Number (EIN). When registering, simply leave the TIN/EIN information blank. There is no cost to obtain a DUNS number. Offerors do not have to have a DUNS number to submit a proposal, however, one will be required before receiving an award.

2) Cage code

• Once registered in the System for Award Management or SAM (see instructions in part d.), an

Offeror can request a CAGE Code through the Defense Logistics at https://cage.dla.mil/. There is no cost to obtain a Cage code. Offerors do not have to have a Cage code to submit a proposal, however, one will be required before receiving an award.

b. A copy of current SAM registration

Offerors can register with SAM at http://www.sam.gov. Offerors do not have to be registered with SAM to submit a proposal, however, registration will be required before receiving an award.

c. Completed Representations and Certifications (found in “Representation & Certification” section of the

Solicitation)

d. A copy of a Joint Venture (JV) Agreement, Partnership Agreement and/or Teaming Agreement (if applicable). The JV or Partnership must be registered in the System for Award Management (SAM) database as the JV or Partnership before receiving an award.

e. Financial Capability, in accordance with FAR 9.104-1 responsibility determination, a contractor must have adequate financial resources to perform the contract. Offeror’s are requested to provide the company’s Dun & Bradstreet number (DUNS) and a copy of the latest three years complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable or at least by an authorized officer of the organization. For Joint Venture arrangements discuss the financial responsibilities among the companies and if the Joint Venture has been in existence for less than three years, also provide the latest three years complete fiscal year financial statements for each member of the Joint Venture. The Government may also request additional documentation (i.e. evidence of availability of working/operating capital) to meet the requirements of FAR 9.104-1.

f. Executed FAR Provision 52.229-11.

g. Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement

Payments, if applicable. 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.

2. Basis of Evaluation:

The Government will evaluate price based on the total price. Total price consists of the basic requirements and all option items (see Section B of the solicitation). The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in Section M of the solicitation. In accordance with FAR 52.217-5, Evaluation of Options will not obligate the Government to exercise the option(s). Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

i. Comparison of proposed prices received in response to the RFP.

ii. Comparison of proposed prices with the IGCE.

iii. Comparison of proposed prices with available historical information.

iv. Comparison of market survey results.

VOLUME II – NON-COST/PRICE PROPOSAL (FACTORS 1, 2 AND 3):

1. Factor 1, Corporate Experience:

(i) Solicitation Submittal Requirements:

Submit recent and relevant projects that best demonstrate experience on relevant projects using the Project Data Sheet (Attachment 4). A recent project is defined as a project (contract or task order) with at least one year of completion within the past seven (7) years of the issuance of this solicitation.

A relevant project is defined as a single project or multiple projects that collectively demonstrate experience on the following:

1) OHS Spill Response: Spill response activities include control, assessment, mitigation, containment, waste removal and disposal, site decontamination, site cleanup, sampling, and reporting in accordance to the Japan Environmental Governing Standards (JEGS).

- Total average annual contract value of 25,000,000 (JPY) or more by a single contract or multiple contracts

- No more than five (5) contracts shall be submitted

2) Worst Case Discharge (WCD)/Table-Top Training Exercise: WCD/Table-top Exercises include preparing training materials (in English and Japanese) and conducting WCD/Table-top Exercises. The tabletop exercise serves both as a planning and training tool to test USG initial spill response, notification and communication procedures, Offeror’s mobilization plan, and hypothetical WCD readiness.

- Total average annual contract value of 1,000,000 (JPY) or more by a single contract or multiple

3) Field Training Exercise: Field Training Exercises include preparing training materials (in English and Japanese) and conducting field exercises pertaining to spill response. The field training exercise provides the USG spill response team professional instruction and training on the proper execution of controlling, mitigating, containing, decontaminating, and cleaning up spill sites.

- Total average annual contract value of 1,000,000 (JPY) or more by a single contract or multiple

If more than the maximum number of projects is submitted, the Government will only evaluate projects up to the maximum number authorized in the solicitation, excess will not be evaluated.

If the offeror has teaming partners, recent and relevant project experience should be submitted for projects performed by either the offeror or the teaming partner. The offeror needs to provide a copy of the teaming agreement. Offerors failing to provide a copy of the teaming agreement will be considered to have not met the requirements of the factor and shall be rated Unacceptable.

(ii) Basis of Evaluation:

The Government is seeking to determine if the Offeror has demonstrated recent and relevant corporate as defined in the solicitation submittal requirements. An Offeror will be rated “Acceptable” if collectively its submittals for “Corporate Experience” demonstrate experience involving the following:

1) OHS Spill Response for a total annual contract value of 25,000,000 (JPY) or more; and

2) WCD/Table-Top Training Exercise for a total annual contract value of 10,000,000 (JPY) or more; and

3) Field Training Exercise or a total annual contract value of 10,000,000 (JPY) or more.

An Offeror will be rated “Unacceptable” if it fails to meet the requirements to be rated acceptable described above.

A proposal receiving an “Unacceptable” evaluation rating for Factor 1 will be ineligible for award.

2. Factor 2, Safety:

The Offeror shall submit a narrative no more than 2 single-sided (1 double-sided) pages that demonstrates its commitment to safely accomplishing the requirements identified in the Performance Work Statement (PWS) and will properly manage and implement safety procedures and accident prevention methods. The narrative should address each of the following topics:

1) the offeror’s method for selecting a subcontractor with a safe performance record;

2) the offeror’s safety management system that they will use to oversee the safety compliance and performance of self-performed and subcontractor performed work;

3) the offeror’s methodology to execute an effective program that facilitates accident prevention techniques and processes, and employee reporting of unsafe conditions and unsafe activities.

The Government is seeking to determine whether the information contained in the Offeror’s proposal demonstrates a commitment to safety and that the Offeror plans to properly manage and implement safety procedures and accident prevention methods for itself and its subcontractors.

An Offeror will be rated “Acceptable” if it demonstrates a commitment to safety and that the Offeror plans to properly manage and implement safety procedures and accident prevention methods for itself and its subcontractors.

An Offeror will be rated “Unacceptable” if it fails to meet the requirements to be rated acceptable described above.

A proposal receiving an “Unacceptable” evaluation rating for Factor 2 will be ineligible for award.

3. Factor 3, Past Performance:

Offerors shall clearly demonstrate a history of past performance on contracts/projects that demonstrates experience in performing work similar to that described in the definition of a relevant project under Factor 1, Corporate Experience. The offeror shall submit past performance information for each project included in its proposal for Factor 1, Corporate Experience. If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal. If there is not a completed CPARS evaluation, the Past Performance Questionnaire (PPQ) included in the solicitation as Attachment 4 is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 1, Corporate Experience. An offeror should not submit a PPQ when a completed CPARS evaluation is available.

IF A CPARS EVALUATION IS NOT AVAILABLE, ensure correct phone numbers and email addresses are provided for the client point of contact on the PPQ. Completed PPQs should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment 4), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact, Mr. Joshua Kaimikaua, via email at Joshua.Kaimikaua@fe.navy.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 1, Corporate Experience. Offerors may also address any adverse past performance issues. Explanations shall not exceed 4 single-sided (2 double-sided) pages in total.

Performance recognition/award(s) or additional similar information submitted will not be considered.

The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the Offeror’s reference or the references’ unwillingness to provide information requested may affect the Government’s evaluation of this factor.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

The Government is seeking to determine if the Offeror has recent and relevant past performance information that pertain to the requirement outlined in the solicitation. The past performance evaluation results in an assessment of the Offerors probability of meeting the solicitation requirements. The evaluation will consider how well the Offeror performed relevant projects submitted under Factor 1, Corporate Experience and may also consider past performance on other projects currently documented in known sources.

The Government will consider the recency and relevance of the information, the source of the information, context of the data, and general trends in the Offeror’s performance. This evaluation is separate and distinct from the Offeror’s responsibility determination. The assessment of the Offeror’s past performance will be used as a means of evaluating the Offeror’s probability to successfully meet the requirements of the solicitation.

The Government will evaluate the degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, FAPIIS, eSRS), performance recognition documents, and information obtained from any other source) reflect a trend of satisfactory performance considering:

1) A pattern of successful completion of task;

2) A pattern of deliverables that are timely and of good quality;

3) A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.); and

4) Recency of task performed that are identical to, similar to, or related to the task at hand

An offeror will be rated “Acceptable” if an offeror’s “Past Performance” information demonstrates:

1) An overall rating of at least Satisfactory or better on the PPQs, Attachment 4,

2) An overall rating of at least Satisfactory or better in CPARS or other DOD or Government appraisal systems, or

3) Past Performance Evaluations from telephone interview of Satisfactory or better.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or is so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)).

Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “Acceptable”.

An Offeror will be rated “Unacceptable” if it fails to meet the requirements to be rated acceptable described above.

A proposal receiving an “Unacceptable” evaluation rating for Factor 3 will be ineligible for award.

ADDITIONAL SOLICITATION INFO

1. IDIQ CONTRACT COMPRISED NON-RECURRING LINE ITEMS

a. This is Indefinite Delivery/Indefinite Quantity (IDIQ) contract comprised of Non-Recurring Contract Line

Items for the supplies or services specified, and effective for the period stated in the Schedule and any accompanying exhibits. The quantities of supplies and services specified in accompanying exhibits and the Schedule as Non-Recurring are estimates only and may be ordered by issuance of separate task order.

b. Delivery or performance shall be made only as authorized by orders issued in accordance with DFARS clause 252.216-7006. Issuance of orders orally, by facsimile, or by electronic commerce methods (i.e., email, DoD FedMall, GCPC, Task Orders) are authorized. Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule and any accompanying exhibits up to the contract stated maximum. A minimum fee of ¥500,000 will be guaranteed for this contract. A minimum guarantee task order will be awarded in conjunction with the basic contract award.

c. Except for any limitations on quantities in FAR clause 52.216-19, in the Schedule, and in any accompanying exhibits, 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.

2. ORDERING OF NON-RECURRING LINE ITEMS

Non-Recurring work may be ordered at the prices offered by three ways: 1) by the issuance of a task order by the issuing activity using a DD Form 1155 “Order for Supplies or Services”; 2) by an authorized Government user via a Government-wide Commercial Purchase Card (GCPC); or 3) by an authorized Government user via FedMall. When receiving orders against the schedule, the contractor shall provide the supplies and services at the pricing provided in the Exhibit Line Items (ELINs) (Attachment 3) without additional markup or handling fee.

a. Task Order Issuance: Task orders issued by the issuing activity using a DD Form 1155, will utilize the

ELINs (Attachment 3) in the ordering of work. The DD Form 1155 will reflect an order for one CLIN, the quantity ordered, a unit price of one yen, and an extended amount. The quantity ordered and the extended amount reflected in the CLIN is the sum of the ELINs being ordered, which will be provided to the contractor as part of the task order.

b. Government Purchase Card: Non-Recurring line items may be ordered by an authorized Government user via GCPC. When receiving orders against the schedule, the contractor shall provide the supplies and services at the pricing provided in the Exhibit Line Items (ELINs) without additional markup or handling fee.

c. FedMall: The contractor is required to offer IQ pre-priced line item services to authorized Government personnel when they are ordering the work directly via the GCPC program. When receiving GCPC orders, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.

The contractor agrees to accept and process electronically submitted GCPC orders for IQ services, including those orders issued through the FedMall. The FedMall is a U.S. Government (USG) owned and operated web-based ordering system that enables any Department of Defense (DOD) or Federal activity to search for and order goods and services. Authorized GCPC users will receive approved accounts on FedMall to view and order IQ line items.

The contractor is required to receive electronic IQ orders from the FedMall using 128-bit encrypted email.

The contractor agrees to purchase, install, and utilize the most recent version of PGP Personal software, or a comparable solution, for the purpose of decrypting order notification emails from the FedMall.

Note: Per the NAVFAC Far East Acquisition’s guidance of 29 Jun 2017, the ECA requirement does not apply to this acquisition.

3. ORDER LIMITATION CLARIFICATION

The minimum order stated in paragraph (a) of FAR 52.216-19, entitled “ORDER LIMITATIONS,” apply only to the issuance of a task order by the issuing activity using a SF1449 “Solicitation/Contract/Order for Commercial Items”. The minimum ordering limit does not apply to GPC orders.

4. NON-RECURRING WORK CONTRACT LINE ITEM QUANTITIES

Once the estimated quantities for individual line items shown in the ELIN list have been ordered, additional quantities may be ordered as long as the overall Not-to-Exceed (NTE) amount of the contract per year is not exceeded and the contractor agrees by signing the task order, or by modification.

Any unused estimated amount under the Non-Recurring work from the current year will be carried over to the next Option year via issuance of a bilateral modification prior to the exercise of the next Option year, so long as the total estimated contract price for all years is not exceeded.

ELIN and Sub ELIN rates for the unused capacity carried over to the next option will be consistent with the succeeding option’s rate.

5. CONTRACTOR PERFORMANCE ASSESSMENT / EVALUATION MEETING

a. As directed by the Contracting Officer, the Contractor may be required to meet the Government’s

Contracting Officer’s Representative, Performance Assessment Representative, and other contract management Representatives weekly for the entire contract performance period of the contract to discuss contract matters. Meetings will be as often as necessary at the discretion of the Contracting Officer. A mutual effort will be made to resolve all problems identified. If written minutes of a meeting are prepared by the Government, the minutes shall be signed by the Contractor’s representative and the Government’s representative. Should the Contractor not concur with the minutes, the Contractor shall state in writing to the Contracting Officer any area of disagreement within five calendar days.

b. The Government will periodically assess the Contractor’s overall performance on this contract by completing a Contractor Performance Assessment Report System (CPARS) Form. The Government may use this form to evaluate the Contractor more frequently if it becomes necessary. The Contractor will be afforded an opportunity to comment on each evaluation performed when the Government uses the CPARS form. The Contractor has 30 calendar days to submit written comments on unsatisfactory ratings.

c. The Contractor’s performance will be evaluated using the respective Contractor performance evaluation report entry system located on the website www.cpars.navy.mil. Prior to commencement of work, the Contractor is required to provide the Government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the Government. It is the Contractor’s responsibility to keep this contract information current.

6. ACCEPTANCE

The performance and quality of work delivered by the contractor, including services rendered and any documentation will be evaluated in accordance with FAR 52.212-4, Contract Terms and Conditions- Commercial Items, paragraph (a) Inspection/Acceptance and contract specific performance standards. The contractor shall establish and maintain an inspection system as described in Section 0200000, Paragraph 2.6.7.2, Quality Inspection and Surveillance. Performance Assessment Representative and Contracting Officer’s Representative will be monitoring the contractor performance.

7. INVOICING INSTRUCTIONS AND PAYMENT PROCESSING

a. Invoicing. Contractor's invoice for services performed shall be submitted to the Contracting Officer or his/her representative on NAVFAC 7300/30.

b. Payment. Payment will be based on invoices submitted by the Contractor for satisfactorily completed work. Upon verification of the work actually performed and after receipt of required Contractor submittal, invoices will be processed for payment.

c. Invoices shall be submitted via the system WAWF (Wide Area Workflow) available in the PIEE

(Procurement Integrated Enterprise Environment) in accordance with the instructions in the DFARS clause 252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018).

8. DFARS PGI PAYMENT INSTRUCTIONS

PGI 204.7108 Payment Instructions applies to this contract. The following is incorporated into this contract:

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions

9. 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:

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. 1828, 1F, Tomari-cho Yokosuka, Kanagawa, 238-0001 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

(End of Summary of Changes)