N4008420R0060 Amendment 0002.pdf

NAVFAC FAR EAST

FEAD IWAKUNI

PSC 561 BOX 1871

FPO AP 96310-0019

ACQR5630199

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

N4008420R0060 Amendment 0002

See Page 2 for further details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 19-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 N4008420R0060

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

19-Aug-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:

N4008420R0060

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 0002 INFO

The purpose of this Amendment 0002 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

1 Page 55/69 (RFP) L2. Pre-Proposal Conference/Site Visit

a. Offerors are expected to inspect the site where the work will be performed.

Question: Will the government allow us access to inspect the site outside of the site visit?

See N4008420R0060 Amendment 0001.

2 Page 55/69 (RFP) L2. Pre-Proposal Conference/Site Visit

e. Attendees are limited to maximum one (1) person per Offeror.

Question: Due to the variety of commodities within this BOS Contract, no single person is able to properly access all inventory/commodities. Are we able to increase the number of attendees for the site visit?

3 Page 55/69 (RFP) L2. Pre-Proposal Conference/Site Visit

b. The date and time for an organized pre-proposal conference and site visit is to be determined.

Question: Is the intent to perform the site visit over several days? (In relation to question 2, we would like to bring our sub-contractors to the site visit so they can inspect and have a better idea of the scope and requirements. To help limit the number of persons at the site visit, if each commodity has a site visit on a different day, we would be able to bring only the required sub-contractor for that specific commodity, which would reduce the number of persons at the site visit.)

4 Page 4/212 (PWS Annex 0100000, Spec 1.7) All facilities, systems, and assets identified in this contract shall be accepted by the Contractor in "AS-IS" condition. The Contractor is fully responsible for all work up to and including the limits of liabilities specified.

Question: Is all inventory in working condition? If not, can government provide a list of inventory that requires replacement/overhaul?

Deferred. This question will be answered on a future amendment.

5 Page 4/212 (PWS Annex 0100000, Spec 1.7) All facilities, systems, and assets identified in this contract shall be accepted by the Contractor in "AS-IS" condition. The Contractor is fully responsible for all work up to and including the limits of liabilities specified.

Question: Related to questions 1 through 4, above, if no specific information of non-working equipment is available, is offeror able to inspect all sites/equipment during or outside of the site visit in order to properly estimate the costs of necessary repairs? Or will government allow an initial condition assessment report and prepare an IDIQ FFP Task Order to repair equipment prior to maintaining that equipment?

6 REFERENCE FAR 52.229-11 and 52.229-12 Government has included reference FAR Clauses in current solicitation, regarding submission of an IRS Form W14. Government specifically states that “If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.” If goes on further and states “Failure to submit IRS Form W14 with a payment request will also result in an automatic withholding of 2 percent from the payment request”. According to IRS Form W14 instruction, this form is ONLY applicable to federal contracts awarded for a “Foreign Person”, a Foreign Person being any person other than a U.S. person as defined by 7701(a)(30).

Additionally, according to IRS Form W14 instruction, if you are a “U.S. Person”, which includes U.S. Domestic Corporations according to 7701(a)(30), W9 is applicable, and is NOT to use IRS Form W14. Also included in FAR 52.229-11, paragraph (d), sub-paragraph (1), contractors are to represent that they are or are not a “Foreign Person”. Given the facts of FAR 52.229-11 and FAR 52.229-12, as well as the W14 requirements, can the government confirm that any contractor that represents itself as a “U.S. Person” in FAR 52.229-11, paragraph (d), sub-paragraph (1), and whose SAM registration also confirms contractor

Government confirms that any contractor that represents itself as a “U.S. Person” in FAR 52.229-11, paragraph (d), sub-paragraph (1) is NOT required to submit a W14 with proposals, NOT required to submit a W14 with invoices, and that 2 percent withholding will NOT be applied to resulting contracts and payments.

is a “U.S. person”, is NOT required to submit a W14 with proposals, NOT required to submit a W14 with invoices, and that 2 percent withholding will NOT be applied to resulting contracts and payments?

7 REFERENCE FAR 52.229-11 and 52.229-12 If answer to Question 1 is Yes, and government confirms that any contractor that represents itself as a “U.S. Person” in FAR 52.229-11, paragraph (d), sub-paragraph (1), and whose SAM registration also confirms contractor is a “U.S.

person”, is NOT required to submit a W14 with proposals, NOT required to submit a W14 with invoices, and that 2 percent withholding will NOT be applied to resulting contracts and payments,” should government revise their blanket statements in the solicitation that state that “If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment” and “Failure to submit IRS Form W14 with a payment request will also result in an automatic withholding of 2 percent from the payment request”, to read “If a contractor identified as a “Foreign Person” does not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.” and “Failure of a contractor identified as a “Foreign Person” to submit IRS Form W14 with a payment requests will also result in an automatic withholding of 2 percent from the payment request”?

See revised Paragraph L10 in "Section L - Instructions, Conditions and Notices to Bidders".

8 Request some clarification in regards to solicitation N40084-20-R-0060. The solicitation appears to have some major flaws which are going to make it very hard to provide a Proposal. As examples: The government has still not answered quite a few of the questions from the previous pre-solicitation (see attached). In addition, a TBD site showing date does not allow for the ability to plan or coordinate very effectively. Also how many days are going to be allocated for the site visits?

Based on the size and scope a minimum of 7 ~ 10 days is probably needed. In addition limiting the number of contractor employees who can attend on a solicitation of this magnitude is not very conducive to allowing for the best end results.

Another question for the site showing is are all attendees, contractor and government representatives coming from outside of Hiroshima and Yamaguchi Prefectures going to need to arrive 14 days in advance so they can comply with the 14 day quarantine requirement prior to being able to enter the base? Then there is all the ambiguous statements which do not provide any form of clarity as to what exactly the government wants the contractor to perform. An example is the requirement for the contractor to perform maintenance on various types of equipment but provides no guidance as to what that maintenance is (i.e. daily maintenance during normal operations, weekly maintenance, monthly maintenance, quarterly maintenance, etc.) Is the maintenance that is being performed based on Japanese or American standards? Missing manufacturer data on equipment installed and the list goes on and on.

In my opinion, without more details and better guidance, it is going to be very hard for any potential contractor to provide a viable proposal for this solicitation, especially in the timeline provided.

Therefore I would request that the government answer all the previous questions, provide a more detailed statement of work for each area identified and provide the manufacturers name and model numbers for the various equipment before proceeding.

9 REFERENCE: Section B - Supplies or Services and Prices - Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S.

Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen.

Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award, QUESTION: How will the Government "peg" the exchange rate between the YEN-priced proposal, the USD-awarded contract and the YEN-based payments to ensure the Offeror is not subjected to and inadvertently penalized by the fluctuating monetary exchange rate between the Japanese Yen and the US Dollar?

Because the contract is priced and paid in Japanese Yen, there are no exchange rate transactions in the payment process.

10 Reference Amendment 1 to solicitation.

Is the virtual site showing going to be presented in both English and Japanese?

The virtual site visit will be presented in English only.

11 Amendment 1 requires contractors to submit a list of the contractor personnel and all sub-contractor personnel who will require access to the documentation provided via the virtual site showing. Points of clarification: 1) Are the contractors going to be able to add additional personnel to the listing to gain access after the 20 August? 2) Due to the lack of information in numerious areas of the solicitation it is very hard to determine who to put on the list, example is the requirement for Lock System Management, is the requirement for the entire base or just DoDEA and when you look at the information provided on the locking systems the type of systems are "unknown" and the manufacturer of the locks is "unknown" thus how do you source a company to provide this service when you cannot give them any details as to what they are even going to we working on?

See revised Paragraph L2 in "Section L - Instructions, Conditions and Notices to Bidders".

The due date for the virtual site visit is revised to 26 August 2020 at 2:30 PM Japan Standard Time.

The Government will not accept requests received after this date.

If additional information is required for the solicitation and/or Performance Work Statement in order to submit a proposal, please submit a question in accordance with Paragraph L3 in "Section L - Instructions, Conditions and Notices to Bidders".

12 RFP, page 67, VOLUME II - NON-COST/PRICE PROPOSAL, 3. Factor 3, Experience, states that to submit recent and relevant project as a facilities support service contract. Is it acceptable to submit experiences of CONSTRUCTION contract instead of service contract? Also, is it acceptable to submit a project value of ￥1,000,000,000 or greater per PROJECT instead of per year? We cannot move forward without an answer to this question, so we would like to receive an answer immediately.

The Offeror shall submit recent and relevant projects as defined in VOLUME II - NON- COST/PRICE PROPOSAL, Factor 3 Experience.

2. Revise Section L "Instructions, Conditions and Notices to Bidders" Paragraphs L2 and L10 to revise the virtual site visit request due date and revise the instructions for FAR provision 52.229-11 and FAR clause 52.229-12.

All other terms and conditions remain unchanged.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

INSTRUCTIONS TO OFFERORS

L1. TIME FOR RECEIPT OF PROPOSALS

a. Offerors shall comply with this “Instructions, Conditions and Notice to Bidders” and “Solicitation, Offer and Award (Standard Form 33)” 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 “Section M - Evaluation Factors for

Award” no later than the date and time provided in Block 9 of the Standard Form 33 (unless revised by a formal amendment), “Solicitation, Offer and Award” Form.

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, the 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.

d. Proposals shall be emailed to the following address:

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

L2. PRE-PROPOSAL CONFERENCE/SITE VISIT

The Government will conduct a virtual site visit for this project and provide video and photo files for the offeror’s reference. These files are considered as sensitive but unclassified information which is “For Official Use Only”. All offerors who will be receiving the sensitive information must comply with the requirements of DoD Manual 5200.01 dated 24 Feb 12 (including all applicable changes) and basic contract clause DFARS 252.204-7000, Disclosure of Information. The offeror shall agree to return or destroy information upon notice of award of a contract under solicitation N40084-20-R-0060.

Video and photos will be made available to offerors on or approximately 28 August 2020 UPON REQUEST

ONLY. THE REQUEST SHALL BE RECEIVED BY THE GOVERNME NT NO LATER THAN 26

AUGUST 2020 AT 2:30 PM JAPAN STANDARD TIME.

In order to make a request, offerors shall submit the following via email to Mr. Joshua Kaimikaua at Joshua.Kaimikaua@fe.navy.mil:

a. A list of all individuals who will be accessing the information (i.e. stating "our proposal team" is insufficient). If information must be shared with a subcontractor, then the list must also include subcontractor individuals that will be accessing the information. This list shall include the exact name, company and email address for each individual accessing the information.

b. Complete “Attachment 6 Non-Disclosure Agreement” for each individual that will be accessing the information.

Upon receipt of a complete and timely request, the files will be distributed via an approved secure communications system. The Government will not consider requests received after the stated due date. Only approved personnel may view and/or download the documents. Release of documents provided under the Non- Disclosure Agreement to personnel who have not submitted a Non-Disclosure Form is prohibited.

L3. 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 4 September 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 2 Pre-Proposal Inquiry Form.

L4. 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.

L5. CONTRACTING LICENSING REQUIREMENT

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

Contractors must be duly authorized to operate and conduct business in Japan and must fully comply with all laws, decrees, labor standards, and regulations of Japan during the performance of the contract. Offerors will be required to provide verification on required 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.

L6. 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.

L7. 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.

L8. 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

L9. NO ALTERNATE OR MULTIPLE PROPOSALS

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

L10. 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 RFP. 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.

If an offeror identifies as a “Foreign Person”, 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 offerors identifying as a “Foreign Person” do not submit the IRS Form W-14 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 of offerors identifying as a “Foreign Person” 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:

N40084-20-R-0060 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, legal, or accounting 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

However, offerors are advised to consult Title 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7 (see FAR 29.402-3, 31.205-41(b)(8)) for specific details and/or updates.

(End of Summary of Changes)