N4008421B04090001.pdf

ACQR5851878

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

GROUND MAINTENANCE AND LANDSCAPING SERVICE

Descriptions of Amendment is provided in the follow ing pages.

Bid Open Date, 18 May 2021, 10:30 is remained unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 21-Apr-2021

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 N4008421B0409

X 9B. DATED (SEE ITEM 11)

19-Apr-2021

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 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

21-Apr-2021

CODE

NAVFAC FAR EAST

FEAD YOKOSUKA

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:

N4008421B0409

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

252.239-7098 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation.

Include the following provision in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12, that will use funds made available by the Consolidated Appropriations Act, 2021 (Pub. L. 116- 260), or any other Act that extends to fiscal year 2021 funds the same prohibitions as contained in section 8116, division C, title VIII, of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260).

PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK UNLESS

SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES—REPRESENTATION

(DEVIATION 2021-O0003)

(APRIL 2021)

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or establish a computer network unless such network is designed to block access to pornography websites.

(End of provision)

The following have been modified:

ADDENDA TO 52.212-1

BIDS

Bidders shall comply with this "Solicitation/Contract/Order For Commercial Items (Standard Form 1449)" in the preparation of bids. Bids will be evaluated without discussions.

Bidders are also required to submit;

a. Completed pages 1 through 13 of SF1449

b. Completed Schedule of Price, Section B-2&B-3 of the Specification

c. Completed ELINs, ATTACHMENT J-0200000-07 of the Specification

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

e. JVA or Partnership Agreement (if applicable).

f. Completed Representations and Certifications, pages 32 to 55 of SF 1449, including executed FAR

Provision 52.229-11 (See below instructions and information).

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

Payments, if applicable (See below instructions and information).

h. Copy of a business license for business authorization of landscape work (Zouen-Koji-Gyo) issued by kanagawa prefecture.

BIDDERS MUST SUBMIT ITEMS (a) THROUGH (h). SUBMISSION OF ITEM (f), (g), and (h) IS HIGHLY

ENCOURAGED TO FACILITATE RESPONSIBILITY DETERTERMINATION.

If executed 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.

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 U.S.

Federal excise tax withholding on any resultant contract award or payment request. This rule applies to U.S.

Federal Government contracts for goods or services that are awarded to foreign persons. It implements the U.S.

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: N4008421D0409 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. 4364, 2nd Floor, Tomari-cho, Yokosuka-shi, 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

PUBLIC OPENING OF BIDS

Bids (with all required supporting documentation) shall be emailed,.hand-delivered or mailed so as to arrive at Naval Base Yokosuka, Building 4364, prior to the time set for bid opening stated in this Invitation for Bids (IFB).

Any bids delivered by fax will be unacceptable and not considered for award.

a. 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 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.

b. All hand delivered bids must be deposited in the bid box at the office of Bldg 4364, Second Floor prior to the time and date set for bid opening. Any bids submitted by hand after the time set for receipt will be stamped with the date and hour of receipt and held unopened until after award. The file shall be documented in accordance with FAR 14.304-4.

Bids will be publicly opened in Naval Base Yokosuka, Building 4364 at the time for bid opening stated in this Invitation for Bids. 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. Any bidders who do not have gate access for Naval Base Yokosuka may send their bid via a courier, to be delivered prior to the bid due date. Bids shall be sent to:

Naval Facilities Engineering Command (NAVFAC) Far East Attn: Ms. Satomi Abe, PRY222 Bldg. 4364, 2nd Floor Tomari-cho, Yokosuka-shi, Kanagawa 238-0001

Bidders planning to attend the public opening in Yokosuka or via conference call are required to e-mail the attendees name and company name to satomi.abe.jA@fe.navy.mil at least two (2) working days prior to the bid opening date. The location and/or the phone number for the conference call for the bid opening will be provided via email.

AMENDMENTS

Amendments will be posted to the website https://www.beta.SAM.gov (Contract Opportunities). Hard copies of the amendment will not be mailed. It is the offeror’s responsibility to check the website periodically for any amendments to the solicitation.

Note: Offerors must acknowledge any and all amendments issued under this solicitation by signing each SF30 (amendment) and submitting it with the bid.

SYSTEM FOR AWARD MANAGEMENT REGISTRATION

NOTICE: All offerors (i.e., whether individually or as a joint venture, etc.) responding to this solicitation must be registered in the System for Award Management (SAM) database to be eligible for award. For more information please go to https://www.sam.gov, and 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.

An Offeror is required to be registered in SAM when submitting its offer/quotation/bid, and shall continue to be registered at all relevant times, i.e., time of award, during contract performance, and through final payment of the contract resulting from this solicitation.

CAUTION: All offerors are required to be registered in SAM at the time their offer/quotation/bid is submitted.

Offerors with no active SAM registration upon receipt of their offer/quotation/bid shall be considered ineligible for award.

JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS

(LTD), AND ETC.

Joint Ventures and Limited Liability Companies and Limited Partnerships shall submit the following additional documentation regarding their business entities with the price proposal:

(a) A copy of the JV or partnership 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, email address, phone number and facsimile number.

NO ALTERNATE OR MULTIPLE PROPOSALS

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

SCHEDULE OF WORK (FFP & IDIQ)

a. Offerors shall enter unit prices and amounts for contract line items (CLINs) and exhibit line items (ELINs) as indicated in the schedules and the accompanying exhibits, Attachment J-0200000-07.

b. 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/offer and the total of the CLINs, SLINs or ELINs will be recomputed accordingly.

The CLIN, which includes recomputed contract SLINs or ELINs, will also be recomputed to take into account the change in the contract SLIN or ELIN. If the bidder provides a total amount for a CLIN, SLIN or ELIN but fails to enter the unit price, the total amount divided by the CLIN, SLIN or ELIN will be held to be the intended unit price.

c. In the event that there is a difference between the hard copy and Microsoft Excel format version of the price proposal, the hard copy price proposal will be held to be the intended offer and the total of the CLINs, SLINs or ELINs will be recomputed accordingly.

d. The accompanying exhibits will be used as the basis of deductions pursuant to "CONSEQUENCES OF

CONTRACTOR'S FAILURE TO PERFORM REQUIRED SERVICES".

e. Bids shall be priced in Japanese yen ONLY. At the discretion of the Contracting Officer, bids not priced in Japanese yen may be deemed non-responsive, and will not be eligible for award. The contract will be awarded in a U.S. Dollar ($) amount value for the administrative convenience of the U.S. Government. Payment will be made in a Japanese Yen.

INQUIRIES

Inquiries regarding this Invitation for Bid (IFB) shall be submitted electronically 10 days prior to the bid opening date. Point of Contact (POC) for inquiries is Satomi Abe, email at satomi.abe.JA@fe.navy.mil.

The Government does not intend to respond to inquiries submitted less than 10 days before the bid opening date.

INCURRED EXPENSES

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

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.

PRE-AWARD SURVEY

FAR 9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or 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 make a pre-award survey of an offeror to determine whether such offeror is qualified and capable of performing the contract. The pre-award survey will involve examination of the bidder's financial and technical status and understanding of the contract requirements.

The followings 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 days of request. Failure to provide requested information, or a determination, after review of the information, of the offeror’s non-responsibility, may result in rejection.

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

b. The Contractor's technical and management plans for performing required services.

c. Description of Contractor's facilities and equipment.

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

e. Current financial statements and data.

f. Other work presently under contract.

g. 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.

h. Contractor Quality Control plan for this contract.

AUTORIZATION TO OPERATE AND CONDUCT BUSINESS IN JAPAN

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.

Furthermore, 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; and, the U.S. Government will not consider designating eligible employee(s) as “Members of the Civilian Component” under Article I(b) of the SOFA."

SITE VISIT INFORMATION

a. The site will be available for visitation at 10:30 AM on 27 April 2021 at the Bldg. 4364 of Yokosuka Naval Base.

b. Individuals are required to have a “BASE ACCESS PASS” for the event. If the site visit attendee does not possess a valid pass, an escort and temporary base pass will be required. Those individuals requiring temporary pass issuance shall meet at Yokosuka Naval Base Main Gate at 08:30 AM on 27 April 2021. In such case, you are required to notify to Contract Specialist via email Satomi.Abe.ja@fe.navy.mil by 15:00 on 23 April 2021. Failure to notify may result in the decline of your request.

c. Pass applicants must carry picture IDs. Valid picture IDs for Japanese Personnel includes a Driver’s license, which indicates nationality or permanent address, a Passport or Resident Card with pictures (JUMIN KIHON DAICHO Card). Valid picture IDs for non-Japanese Personnel includes a Passport or Alien Registration Card.

A Driver’s license which does NOT indicate the individual’s nationality or permanent address may be used if accompanied with a Jumin Hyo with permanent address (Honseki chi).

d. Vehicle Pass applicants must carry the Compulsory Automobile Liability Insurance (Jibaiseki) and Vehicle Registration Sheet (Shakensho) to obtain the vehicle pass. Conformed Copy is acceptable.

e. Attendees are limited to as minimum as possible from each interested party.

f. Considering the situation changes day by day due to countermeasures against COVID-19 infection in the U.S.

Commander Fleet Activity Yokosuka (CFAY), JAPAN; this notification of interest in the site visit will also allow for final instruction or notice of emergency cancellation to be issued to the site visit.

g. During the site visit, questions will not be answered. However, written, signed questions will be accepted and will be answered at a later time. ALL QUESTIONS MUST BE IN WRITING AND IN ENGLISH ONLY. This solicitation will remain unchanged unless it is amended in writing.

h. Failure of a prospective Bidder to submit any questions or to attend the site visit will be construed to mean that the Bidder fully understands all requirements of the solicitation.

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, 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://www.ecmra.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://www.ecmra.mil.

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)

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.

Contractor Support of Electronic Contracting (FedMall)

The contractor is required to offer indefinite quantity (IQ) pre-priced line item services to authorized Government personnel when they are ordering the work directly via the Governmentwide Commercial Purchase Card (GCPC) program. When receiving GCPC orders against Section B, 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. In addition, the DoD has established the External Certification Authority (ECA) program to support the issuance of DoD-approved certificates to contractors. The ECA program is designed to provide the mechanism for contractors to securely communicate with the DoD and authenticate to DoD Information Systems. The contractor agrees to purchase, install, maintain and use a DoD-approved ECA certificate. Information on obtaining an ECA certificate can be found at http://iase.disa.mil/pki/eca/Pages/certificate.aspx.

The contractor shall post updates on order delivery schedule and performance to the FedMall in a timely manner.

The contractor shall track quantities and report total ordered quantity in FedMall and approved DD 1155's by line item number each month and year-to-date. The report shall be due to the Contracting Officer by the fifth day of the following month. The contractor must track and report when total dollar value of all orders from both GCPC purchases and DD 1155s exceed 75% of the combined Section B Pre-Priced Line Item quantities."

(End of NAVFAC language)

PAYMENT INSTRUCTIONS

PGI 204.7018

Payment shall be made in accordance with the Payment Instructions table at DFARS PGI 204.7018 (b)(2). A link to the table is provided below:

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

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(1/02).

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 Wide Area Workflow e-Business Suite in accordance with the instructions in DFARS clause 252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018).

NON-RECURRING WORK CONTRACT LINE ITEM QUANTITIES

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 in accordance with the Procedure for Issuing Order clause; 2) by an authorized Government user via a Government Purchase Card (GPC); 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 J-02000000-07 ) without additional markup or handling fee.

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 or 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 SubELIN rates for the unused capacity carried over to the next option will be consistent with the succeeding option's rates. (For example: Base Period unused capacity carried over to First Option will follow the First Option's ELIN and subELIN rates.)

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.

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 Gratuities offering or Receiving kick-backs

The prices in your offer must be arrived at independently withou 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 induce you to, submit or not submit an offer for the purpose of restricting competition.

All of the above ACTs and 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.

(End of NAVFAC language)

(End of Summary of Changes)