N4008421T0407A.pdf

SEE ADDENDUM

(No Collect Calls)

N4008421T0407 21-May-2021

b. TELEPHONE NUMBER

315-243-2182

8. OFFER DUE DATE/LOCAL TIME

10:30 AM 21 Jun 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N400849. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KATHLEEN A. DELASHMITT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVFAC FAR EAST

FEAD YOKOSUKA

PSC 473 BOX 13

FPO AP 96349-0013

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

213112

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF59

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N4008421T0407

Section SF 1449 - CONTINUATION SHEET

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Performance Work

Statement

420 22-APR-2020

Attachment 2 Notice 6 Attachment 3 PPI Form 1

ADDENDA TO 52.212-1

ADDENDA TO 52.212-1

BASIS OF AWARD AND EVALUATION FACTOR FOR AWARD:

The Department of the Navy is soliciting quotes for “Preventative Maintenance Program and Service Orders for Above Ground Storage Tanks at the U.S. Commander Fleet Activities Yokosuka (CFAY), Japan”.

1. GENERAL INFORMATION

1.1. Proposal Submission Instructions

All documents are due no later than 18 June 2021, 10:30AM. Offers and supporting documentation must be submitted by the deadline or they will not be evaluated for award. Please note that all correspondence should be in English. Failure to submit all required information so as stated above will adversely affect evaluation of your quotation. Submitting by FAX is not accepted.

If submitted by Mail, Package Delivery Service, or Hand Carry: Please be advised that quotes received through mail, package delivery service, or hand carried shall be recorded and dated on the received date, not the send date. Accordingly, offerors are reminded to ensure enough time for delivery to be made before the due date.

No escort or pick up service for quotations at the main gate of Naval Base Yokosuka will be provided. For Japan mail, the delivery address of the Purchasing Office/Contracting Officer is:

Naval Facilities Engineering Command (NAVFAC) Far East Attn: Kathleen Delashmitt, FEAD Yokosuka N40084-21-T-0407

BLDG 4364, 2ND FLOOR, PSC 473 BOX 13

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

Tel: 046-816-2182

Electronic copies of all proposal documents are hereby required. All paper copies should be accompanied as well by an electronic version, and should be provided upon a CD. All electronic documents should be submitted in Adobe PDF format (*.pdf)

This solicitation is a request for quotations, therefore the words "offer" and "offeror" may be construed to mean "quotation" and "quoter" where appropriate, and the words "proposal" or "proposing" may be construed to mean "quote" or ""quoting" where appropriate. FAR 52.212-1(c), Period for Acceptance of Offers, is not applicable;

however offerors are requested to hold prices firm for 120 days. The Government may apply the provision regarding late submissions in FAR 52.212-1(f), however the Government reserves the right to consider late submissions or revised quotes if the Contracting Officer determines that it is in the Government's best interests to do so.

1.2 Pre-Quotation Inquiries

All questions concerning this solicitation shall be addressed to PWD Yokosuka FEAD, Ms. K. Delashmitt at kathleen.delashmitt@fe.navy.mil. All questions must be submitted in writing and received by the Contract Specialist 10 calendar days prior to the solicitation closing date in order to permit adequate time to reply to the inquiry. There is no guarantee that questions submitted after the cut-off date will be answered before the solicitation closes. Use of Pre-Quotation Inquiries (PPI) Form is required.

1.3 RFQ Amendments

Any amendments made to this RFQ before the time set for receipt of quotations will be posted to the Government Point of Entry of Contract Opportunities (FBO) at https://www.beta.sam.gov/.

Hard copies of the amendment will not be mailed. It is the contractor's responsibility to check the website periodically for any amendments to this solicitation. Contractors must acknowledge each amendment issued under this solicitation (if any) by signing each SF30 form (i.e., the amendment) and submitting it with the contractor's quotation package.

1.4 SAM Registration

Contractors 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/sam/

1.5 Joint Venture (J.V.)

If the offeror uses a Joint Venture, the offeror must submit a copy of the Joint Venture Agreement with their quotation. The minimum requirement of the submission is: Contract number of J.V., duration of agreement, J.V.

company name, J.V. address, J.V. representative person, payment address of the J.V., company name and address of the members of the J.V., role of each J.V. partner, procedures for unforeseen circumstances (such as bankruptcy), and the signature and stamp of the J.V. members.

1.6 Currency of Quotations

Quotations shall be priced only in Japanese Yen.

1.7 Local Source Restrictions

This solicitation is intended for local sources in accordance with FAR 5.202(a)(12). Local sources are those persons or entities normally resident and licensed to conduct business in Japan. Offers from non-local sources will not be considered under this solicitation in accordance with the provisions of the U.S. - Japan Status of Forces Agreement.

By submitting a quotation, the offeror represents that the firm is duly authorized to operate and to do business in the country of Japan.

1.8. Regarding Quotations

The RFQ does not commit the Government to make any award. The Government may cancel this RFQ or any part of it at any time. The Contracting Officer reserves the right to reject any and all quotations and to waive any information, or minor irregularities in quotations received.

A written notice of award and/or Purchase Order, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.

Before the offeror's specified expiration time, the Government may accept a quote, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

1.9 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. Offerors shall provide pricing in Japanese Yen. 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.

1.10 Incurred Expenses

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

1.11 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.

1.12 Site Visit

a. A selection of the sites will be available for visitation at 10:30AM on 2 June 2021 and attendees will meet at the

BLDG 4364.

b. If the site visit attendees do not possess Yokosuka Naval Base’s gate pass and require escort service; please bring your personal photo identification. Acceptable photo identifications are:

- For Japanese Nationals: Driver’s License*/ Passport / Resident Card (JUMIN KIHON DAICHO Card).

- For all other nationalities: Passport / Alien Registration Card *If your driver’s license does not specify ‘legal domicile’ (‘HONSEKI’), one of the following documents will be acceptable: KISAI-INJI-HYO (issued by Japanese police stations), ‘address certificate’ (‘JUMIN HYO’) which is postdated to your driver’s license issued date.

Attendees who do not possess a gate pass will be escorted from the Main Gate of Yokosuka Naval Base. In this case, you are required to notify Ms. K. Delashmitt at kathleen.delashmitt@fe.navy.mil by 14:00 on 27 May 2021.

Failure to notify may result in your request being declined. Attendees who do not possess a gate pass must assemble at the Main Gate of Yokosuka Naval Base at 10:00AM on the site visit day and bring acceptable personal photo identification. Be advised that you can NOT attend the site visit if you do not meet the gear requirements—Hard Hat and Safety Toe Shoes.

1.13 Quoter’s Qualifications

Before a quotation is considered for award, the quoter may be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, their financial resources, their permits and licenses, and such other information as may be required to evaluate the quoter’s responsibility.

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: N4008421T0407 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, 2F, 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

2. BASIS OF AWARD AND EVALUATION FACTORS FOR AWARD:

This is a Price Only RFQ for the “Preventative Maintenance Program and Service Orders for Above Ground Storage Tanks at the U.S. Commander Fleet Activities Yokosuka (CFAY), Japan.” The Government will evaluate the proposals in accordance with the criteria described herein, and award a firm fixed price contract to the responsible Offeror, whose proposal conforms to all the terms and conditions of the RFQ and is determined responsible and eligible for award.

2.1. BASIS OF AWARD

a. The Government reserves the right to eliminate from consideration for award any or all quotes at any time prior to award of the contract; to negotiate with offerors in the competitive range; and to award the contract to the responsive and responsible Offeror submitting the lowest price.

b. As stated in the RFQ, the Government intends to evaluate quotations 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 (KO) later determines them to be necessary. In addition, if the KO determines that the number of quotations that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the KO may limit the number of quotations in the competitive range to the greatest number that will permit an efficient competition. Quoters are therefore instructed to provide their best terms in their initial quotes in the event discussions are not conducted.

c. Award shall be made to the responsive and responsible offeror whose quote is the most advantageous to the

Government, based on price only.

d. Any proposal found to have a deficiency in meeting the stated RFQ requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions.

e. This RFQ is intended for local sources in accordance with FAR 5.202(a)(12). Local sources are those persons or entities normally residing and licensed to conduct business in Japan. Quotes from non-local sources will not be considered for this RFQ.

2.2. BASIS OF EVALUATION

(1) Solicitation Submittal Requirements:

Standard Form 1449, Specification Section B, Schedule of Price and Attachment J-0200000-07, Exhibit Line Items Numbers Acknowledgement of all amendments, if applicable Latest Financial Statement Copies of Licenses/Certifications to perform the Government requirements:

o Personal performing repairing, replacement, maintenance, inspection, monitoring or testing work on the job site shall be fully trained, knowledgeable, qualified and licensed as “Kikenbutsu- Toriatsukai-Sya” under the Japanese Fire Service Law (“Syoubou-Hou”).

o Personnel performing electrical work or working on electronic equipment shall be trained and certified per NAVFAC MO-200 or work shall be done with the electricians who have license of first grade electrician, "Dai-1-syu Denki Kohjishi", or second grade electrician, "Dai-2-syu Denki Kohjishi", shall perform electrical work.

o All inspection on Above Ground Storage tank shall be supervised by personnel trained and certified by: STI SP001 ABOVEGROUND TANK SYSTEM INSPECTOR TRAINING.

o The Contractor shall possess all required licenses in its own name.

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:

Copy of Representations/Certifications (FAR & DFARS Report) as well as the completed Representation at FAR provisions 52.204-24 and 52.204-26

Joint Venture Agreement (If applicable) or signed letter of commitment or teaming arrangement Ensure current registration in the System for Award Management (SAM) website, www.sam.gov, and that you have completed/updated your Annual Representations and Certifications on the SAM website.

Offerors must be registered with SAM to submit a proposal.

An informational page (Attachment 1) that contains the following information:

- solicitation number and title

- prime contractor name, address, phone number, point of contact, and email address

- 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.

- 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.

(2) Basis of Evaluation: The Government will evaluate price based on the total price (see Section B of the solicitation). Total price consists of the basic requirements and all option items. The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in the RFQ. 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 RFQ.

(ii) Comparison of proposed prices with the Independent Government Estimate.

(iii) Comparison of proposed prices with available historical information.

(iv) Comparison of market survey results.

A price that is found to be unreasonably high or unrealistically low in relation to the proposed requirement may be indicative of a lack of understanding of the RFQ requirements and may result in the quote not being considered for contract award.

Additionally, any offeror who does not possess the required permits and licenses to perform the requirement will be deemed ineligible for award.

3. SOURCE SELECTION DECISION

Award shall be made to the responsive and responsible offeror whose quote is the most advantageous to the Government, based on price only.

4. AWARD OF PURCHASE ORDER

In accordance with FAR 13.004 (Legal Effect of Quotations) the Government intends to award a Purchase Order, to the responsive and responsible offeror submitting the lowest priced quotation. The RFQ does not commit the Government to make any award. The Government may cancel this RFQ or any part of it at any time. The Contracting Officer reserves the right to reject any and all quotations and to waive any information, or minor irregularities in quotations received.

A written notice of award and/or Purchase Order, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.

Before the offeror's specified expiration time, the Government may accept a quote, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(END OF ADDENDA TO 52.212-1)

ADDENDA TO 52.212-4

ADDENDA TO 52.212-4

STATUS OF FORCES AGREEMENT

The U.S. Government will not offer “United States Official Contractor” status under Article XIV of the U.S.-Japan Status of Forces Agreement (SOFA) to any offeror awarded a contract under this solicitation; nor will the U.S.

Government certify any employees of a contractor as “Members of the Civilian Component” under Article I(b) of the SOFA.

WARRANTY

The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

CONCILIATION

a. Any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the U.S.-Japan Joint Committee for Conciliation in accordance with paragraph 10, Article XVIII, of the

Status of Forces Agreement under Article VI, of the Treaty of Mutual Cooperation and Security between Japan and the United States of America.

b. Recourse to the Joint Committee for Conciliation for resolving disputes is available in addition to the procedures set forth in the Contract Disputes Act of 1978 and the Disputes Clause of this contract, 52.233-1. A request for conciliation by the Joint Committee, however, shall not toll the time periods allowed under the Contract Disputes Act for appealing a Contracting Officer’s final decision to either the Armed Services Board of Contract Appeals or U.S. Court of Federal Claims.

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

CORRESPONDENCE IN ENGLISH

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation

CHOICE OF LAW (OVERSEAS)

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

AUTHORIZATION 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. The U.S. Government will not offer “United States Official Contractor” status under Article XIV of the U.S.-Japan Status of Forces Agreement (SOFA) to any offeror awarded a contract under this solicitation; nor will the U.S. Government certify any employees of a contractor as “Members of the Civilian Component” under Article I(b) of the SOFA.

ASSIGNMENT OF CLAIMS (OVERSEAS)

(a) No claims for monies due, or to become due, shall be assigned by the Contractor unless—

(1) Approved in writing by the Contracting Officer;

(2) Made in accordance with the laws and regulations of the United States of America; and

(3) Permitted by the laws and regulations of the Contractor's country.

(b) In no event shall copies of this contract of any plans, specifications, or other similar documents relating to work under this contract, if marked “Top Secret,” “Secret,” or “Confidential” be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive such documents. However, a copy of any part or all of this contract so marked may be furnished, or any information contained herein may be disclosed, to such assignee upon the Contracting Officer's prior written authorization.

(c) Any assignment under this contract shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing. On each invoice or voucher submitted for payment under this contract to which any assignment applies, and for which direct payment thereof is to be made to an assignee, the Contractor shall—

(1) Identify the assignee by name and complete address; and

(2) Acknowledge the validity of the assignment and the right of the named assignee to receive payment in the amount invoiced or vouchered.

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.

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 the 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 Consumption Tax on goods and services purchased in Japan for official purposes of the U.S. Armed Forces by the U.S. Armed Forces of 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 give 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 pervious 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 Japanese for foreign firm.

(d) By the submission of their offer, the offeror certifies that Japanese consumption tax is not part of 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.

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.

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 unusused capacity carried over to First Option will follow the First Option's ELIN and subELIN rates.)

(END OF ADDENDA TO 52.212-4)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each

RECURRING, BASE PERIOD

FFP

FFP

PREVENTATIVE MAINTENANCE PROGRAM AND SERVICE ORDERS

FOR ABOVE GROUND STORAGE TANKS AT THE U.S. COMMANDER

FLEET ACTIVITIES YOKOSUKA (CFAY), JAPAN

Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with in accordance with the attached Performance Work Statement.

The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Number (ELIN) A001. Ref: Attachment J-0200000-07.

BASE PERIOD will be from 1 July 2021 through 30 June 2021.

Award will be made and paid in Japanese Yen based on the agreed upon prices in the ELINs (Attachment J-0200000-07) for the total of Recurring - Base Period, i.e.

the total of Line Item 0001. However the price of this contract is expressed in U.S.

dollars for the administrative convenience of the U.S. Government.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR5825975

FOB: Destination

NET AMT

0002 Each

NON-RECURRING, BASE PERIOD

FFP

FFP

PREVENTATIVE MAINTENANCE PROGRAM AND SERVICE ORDERS

FOR ABOVE GROUND STORAGE TANKS AT THE U.S. COMMANDER

FLEET ACTIVITIES YOKOSUKA (CFAY), JAPAN

Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with in accordance with the attached Performance Work Statement.

The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELIN) A700 through A701. Ref: Attachment J-0200000-07.

BASE PERIOD will be from 1 July 2021 through 30 June 2021.

Each task order will be award and paid in Japanese Yen based on the agreed upon prices in the ELINs (Attachment J-0200000-07), however the price of this contract is expressed in U.S. dollars for the administrative convenience of the U.S.

Government.

FOB: Destination

0003 Each

OPTION RECURRING, FIRST OPTION PERIOD

FFP

FFP

PREVENTATIVE MAINTENANCE PROGRAM AND SERVICE ORDERS

FOR ABOVE GROUND STORAGE TANKS AT THE U.S. COMMANDER

FLEET ACTIVITIES YOKOSUKA (CFAY), JAPAN

Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with in accordance with the attached Performance Work Statement.

The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Number (ELIN) B001. Ref: Attachment J-0200000-07.

FIRST OPTION PERIOD will be from 1 July 2022 through 30 June 2023.

Award will be made and paid in Japanese Yen based on the agreed upon prices in the ELINs (Attachment J-0200000-07) for the total of Recurring – First Option Period, i.e. the total of Line Item 0003. However the price of this contract is expressed in U.S. dollars for the administrative convenience of the U.S.

Government.

FOB: Destination

0004 Each

OPTION NON-RECURRING, FIRST OPTION PERIOD

FFP

FFP

PREVENTATIVE MAINTENANCE PROGRAM AND SERVICE ORDERS

FOR ABOVE GROUND STORAGE TANKS AT THE U.S. COMMANDER

FLEET ACTIVITIES YOKOSUKA (CFAY), JAPAN

Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with in accordance with the attached Performance Work Statement.

The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELIN) B700 through B701. Ref: Attachment J-0200000-07.

FIRST OPTION PERIOD will be from 1 July 2022 through 30 June 2023.

Each task order will be award and paid in Japanese Yen based on the agreed upon prices in the ELINs (Attachment J-0200000-07), however the price of this contract is expressed in U.S. dollars for the administrative convenience of the U.S.

Government.

FOB: Destination

0005 Each

OPTION RECURRING, SECOND OPTION PERIOD

FFP

FFP

PREVENTATIVE MAINTENANCE PROGRAM AND SERVICE ORDERS

FOR ABOVE GROUND STORAGE TANKS AT THE U.S. COMMANDER

FLEET ACTIVITIES YOKOSUKA (CFAY), JAPAN

Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with in accordance with the attached Performance Work Statement.

The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Number (ELIN) C001. Ref: Attachment J-0200000-07.

SECOND OPTION PERIOD will be from 1 July 2023 through 30 June 2024.

Award will be made and paid in Japanese Yen based on the agreed upon prices in the ELINs (Attachment J-0200000-07) for the total of Recurring – Second Option Period, i.e. the total of Line Item 0005. However the price of this contract is expressed in U.S. dollars for the administrative convenience of the U.S.

Government.

FOB: Destination

0006 Each

OPTION NON-RECURRING, SECOND OPTION PERIOD

FFP

FFP

PREVENTATIVE MAINTENANCE PROGRAM AND SERVICE ORDERS

FOR ABOVE GROUND STORAGE TANKS AT THE U.S. COMMANDER

FLEET ACTIVITIES YOKOSUKA (CFAY), JAPAN

Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with in accordance with the attached Performance Work Statement.

The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELIN) C700 through C701. Ref: Attachment J-0200000-07.

SECOND OPTION PERIOD will be from 1 July 2023 through 30 June 2024.

Each task order will be award and paid in Japanese Yen based on the agreed upon prices in the ELINs (Attachment J-0200000-07), however the price of this contract is expressed in U.S. dollars for the administrative convenience of the U.S.

Government.

FOB: Destination

0007 Each

OPTION RECURRING, THIRD OPTION PERIOD

FFP

FFP

PREVENTATIVE MAINTENANCE PROGRAM AND SERVICE ORDERS

FOR ABOVE GROUND STORAGE TANKS AT THE U.S. COMMANDER

FLEET ACTIVITIES YOKOSUKA (CFAY), JAPAN

Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with in accordance with the attached Performance Work Statement.

The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Number (ELIN) D001. Ref: Attachment J-0200000-07.

THIRD OPTION PERIOD will be from 1 July 2024 through 30 June 2025.

Award will be made and paid in Japanese Yen based on the agreed upon prices in the ELINs (Attachment J-0200000-07) for the total of Recurring – Third Option Period, i.e. the total of Line Item 0007. However the price of this contract is expressed in U.S. dollars for the administrative convenience of the U.S.

Government.

FOB: Destination

0008 Each

OPTION NON-RECURRING, THIRD OPTION PERIOD

FFP

FFP

PREVENTATIVE MAINTENANCE PROGRAM AND SERVICE ORDERS

FOR ABOVE GROUND STORAGE TANKS AT THE U.S. COMMANDER

FLEET ACTIVITIES YOKOSUKA (CFAY), JAPAN

Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with in accordance with the attached Performance Work Statement.

The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELIN) D700 through D701. Ref: Attachment J-0200000-07.

THIRD OPTION PERIOD will be from 1 July 2024 through 30 June 2025.

Each task order will be award and paid in Japanese Yen based on the agreed upon prices in the ELINs (Attachment J-0200000-07), however the price of this contract is expressed in U.S. dollars for the administrative convenience of the U.S.

Government.

FOB: Destination

0009 Each

OPTION RECURRING, FOURTH OPTION PERIOD

FFP

FFP

PREVENTATIVE MAINTENANCE PROGRAM AND SERVICE ORDERS

FOR ABOVE GROUND STORAGE TANKS AT THE U.S. COMMANDER

FLEET ACTIVITIES YOKOSUKA (CFAY), JAPAN

Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with in accordance with the attached Performance Work Statement.

The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Number (ELIN) E001. Ref: Attachment J-0200000-07.

FOURTH OPTION PERIOD will be from 1 July 2025 through 30 June 2026.

Award will be made and paid in Japanese Yen based on the agreed upon prices in the ELINs (Attachment J-0200000-07) for the total of Recurring – Fourth Option Period, i.e. the total of Line Item 0009. However the price of this contract is expressed in U.S. dollars for the administrative convenience of the U.S.

Government.

FOB: Destination

0010 Each

OPTION NON-RECURRING, FOURTH OPTION PERIOD

FFP

FFP

PREVENTATIVE MAINTENANCE PROGRAM AND SERVICE ORDERS

FOR ABOVE GROUND STORAGE TANKS AT THE U.S. COMMANDER

FLEET ACTIVITIES YOKOSUKA (CFAY), JAPAN

Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services in accordance with in accordance with the attached Performance Work Statement.

The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELIN) E700 through E701. Ref: Attachment J-0200000-07.

FOURTH OPTION PERIOD will be from 1 July 2025 through 30 June 2026.

Each task order will be award and paid in Japanese Yen based on the agreed upon prices in the ELINs (Attachment J-0200000-07), however the price of this contract is expressed in U.S. dollars for the administrative convenience of the U.S.

Government.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government

0010 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUL-2021 TO

30-JUN-2022

N/A N/A

0002 POP 01-JUL-2021 TO

30-JUN-2022

0003 POP 01-JUL-2022 TO

30-JUN-2023

0004 POP 01-JUL-2022 TO

30-JUN-2023

0005 POP 01-JUL-2023 TO

30-JUN-2024

0006 POP 01-JUL-2023 TO

30-JUN-2024

0007 POP 01-JUL-2024 TO

30-JUN-2025

0008 POP 01-JUL-2024 TO

30-JUN-2025

0009 POP 01-JUL-2025 TO

30-JUN-2026

0010 POP 01-JUL-2025 TO

30-JUN-2026

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting…