N4008422B5500_Pavement IDIQ_Solicitation.pdf

ACQR5913063

Project Title: Pavement IDIQ Contract for Various Projects at U.S. Marine Corps Air Station (MCAS) Iw akuni, Japan

a. Solicitation Documents:

(1) Section 00 10 00 - Solicitation

(2) Section 00 21 13 - Instructions to Bidders

(3) Section 00 45 00 - Representation & Certif ications

(4) Section 00 61 00 - Bond Forms

(5) Section 00 70 00 – Conditions of the Contract

(6) Section 00 73 00 - Supplementary Conditions

b. Standard Form (SF) 1442 Attachments:

(1) Specif ications and Draw ings dated 28 Jun 2022 (PDF) (537 pages)

(2) Summary Schedule of Price (Excel)

(3) Schedule of Indefinite Quantity Work (Excel)

(4) 1-Day Off icial Entry/Exit Request (PDF) (3 pages)

(5) Pre-Bid Inquiry Form (Excel) (1 page)

c. In accordance w ith DFARS 236.204, the magnitude of construction is betw een JPY2,500,000,000 to JPY10,000,000,000.

X

MASAYO INOUE 0827-79-3584

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

30-Jun-2022

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________each TO

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________09 Aug 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

NAVFAC FAR EAST

FEAD IWAKUNI

PSC 561 BOX 1871

FPO AP 96310-0019

N40084

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N4008422B5500 68

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specified below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N4008422B5500

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Each

PAVEMENT IDIQ CONTRACT (BASE)

FFP

PAVEMENT IDIQ CONTRACT FOR VARIOUS PROJECTS AT U.S.

MARINE CORPS AIR STATION IWAKUNI, JAPAN

The Contractor shall provide all supervision, materials, equipment, labor, and any other incidental related work to perform the Pavement IDIQ Contract for Various Projects specified in the basic contract and Specification dated 21 Apr 2022, as supplemented in each task order.

The not-to-exceed (NTE) applies all orders placed under this IDIQ for the duration of the seven-year ordering period. Once the estimated quantities for individual Exhibit Line Item Number (ELIN) in the Schedule have been ordered, additional quantities may be ordered as long as the overall NTE amount of the contract is not exceeded. The total value of all the orders placed under CLIN 0001 will not exceed the total contractor bid for the 5-year ordering period.

All task orders shall be priced and paid in Japanese Yen. However, for administrative purposes only, contract and task order values shall also be expressed in U. S. dollars. Bids not priced in Japanese yen shall be deemed nonresponsive, and will not be eligible for award.

The five (5) Ordering Periods are under CLIN 0001 as follows:

Ordering Period 1 Ordering Period 2 Ordering Period 3 Ordering Period 4 Ordering Period 5 FOB: Destination

PURCHASE REQUEST NUMBER: ACQR5913063

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Each

OPTION PAVEMENT IDIQ CONTRACT (OPTION)

FFP

PAVEMENT IDIQ CONTRACT FOR VARIOUS PROJECTS AT U.S.

MARINE CORPS AIR STATION IWAKUNI, JAPAN

The Contractor shall provide all supervision, materials, equipment, labor, and any other incidental related work to perform the Pavement IDIQ Contract for Various Projects specified in the basic contract and Specification, as supplemented in each task order.

The NTE applies all orders placed under this IDIQ for the duration of the seven-year ordering period. Once the estimated quantities for individual ELIN in the Schedule have been ordered, additional quantities may be ordered as long as the overall NTE amount of the contract is not exceeded. The total value of all the orders placed under CLIN 0002 will not exceed the total contractor bid for the 2-year ordering period.

All task orders shall be priced and paid in Japanese Yen. However, for administrative purposes only, contract and task order values shall also be expressed in U. S. dollars. Bids not priced in Japanese yen shall be deemed nonresponsive, and will not be eligible for award.

The two (2) Ordering Periods are under CLIN 0002 as follows:

Ordering Period 6 Ordering Period 7

MAX

NET AMT

MAXIMUM NTE AND MIN GUARANTEE

MAXIMUM NOT TO EXCEED (NTE) AND MINIMUM GUARANTEE

The maximum Not-to-Exceed (NTE) value of an ordering period is the total of all the Exhibit Line Item Numbers (ELINs) in that ordering period. The maximum or NTE value of the contract is the total value of all ELINs in the Schedule. Orders shall not be made that exceed the maximum NTE value for any CLIN. The maximum NTE value of an ordering period and of the contract may be increased by written modification to the contract.

Once the estimated quantities for individual line items shown in the Schedule have been ordered, additional quantities may be ordered as long as the overall NTE amount of the contract is not exceeded and the contractor agrees by signing the task order or by modification.

Concurrently with the award of the basic contract, the Government will issue a task order to obligate the contract minimum guarantee in the total amount of JPY1,000,000 for the life of the contract. The Contracting Officer will issue a unilateral no-cost cancellation for the minimum guarantee Task Order if/when the Contractor receives a Task Order that is equal to or exceeds the amount of the minimum guarantee.

SOLICITATION ATTACHMENTS

TABLE OF CONTENTS:

List of Solicitation Attachments:

(1) Specifications and Drawings dated 28 Jun 2022 (PDF) (537 pages)

(2) Summary Schedule of Price (Excel)

(3) Schedule of Indefinite Quantity Work (Excel)

(4) 1-Day Official Entry/Exit Request (PDF) (3 pages)

(5) Pre-Bid Inquiry Form (Excel) (1 page)

DFARS 252.204-7000 Disclosure of Information applies to all Documents, Exhibits, and Attachments as well as FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems and DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls, 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information, and 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

Attachment 1 will be made available to Offerors via approved controlled document request in Contract Opportunities (sam.gov). The point of contact for all attachments is Ms. Masayo Inoue, masayo.inoue.ja@usmc.mil.

Offerors are encouraged to seek guidance from their own legal or cyber-security compliance advisors for advice concerning the 15 security controls required by FAR 52.204-21. Additional information is also available through the below webpage:

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

NOTE: This solicitation includes Government furnished information (GFI) that requires unique handling, storage, marking, and/or release or dissemination procedures in accordance with Federal law and/or regulations and/or DoD policy. Contractor guidance on its duties and responsibilities with regard to GFI provided under this solicitation, which includes but is not limited to Controlled Unclassified Information (CUI) and/or Operations Security (OPSEC) (the CUI_OPSEC Guide) is located at the webpage indicated above and will be incorporated by reference into any resulting contract, task order, delivery order, etc.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 5 yrs. ADC NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD IWAKUNI

PSC 561 BOX 1871

FPO AP 96310-0019

N40084

0002 2 yrs. ADC (SAME AS PREVIOUS LOCATION)

N40084

Section 00 21 13 - Instructions to Bidders

INSTRUCTION TO BIDDERS

1. GENERAL INFORMATION

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

(Construction, Alteration, or Repair) (Standard Form 1442)” in the preparation of bids. Bidders must thoroughly and fully review the solicitation and its attachments. Bidders must fully and comprehensively understand the Government’s requirements for the subject solicitation before submitting a bid. It is the Bidder’s/Awardee’s responsibility to fully deliver and complete the subject project stated in this solicitation per the Bidder’s submitted price proposal.

Bids shall be submitted no later than the date and time provided in Block 13 of the Standard Form 1442 (unless revised by a formal amendment), “Solicitation Offer, and Award (Construction, Alteration, or Repair).”

1.2 SYSTEM FOR AWARD MANAGEMENT REGISTRATION: 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 may be considered ineligible for award.

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

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

1.4 CONTENT OF BIDS:

(1) Standard Form 1442 (pages 1 through 4).

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

(3) Completed Summary Schedule of Price (IFB Attachment 2) – Electronic copy shall be in both PDF and

Excel formats).

(4) Completed Schedule of Indefinite Quantity Work* (IFB Attachment (3) – Electronic copy shall be in both PDF and Excel formats).

(5) Joint Venture Agreement (JVA), Partnership or Teaming Agreement (if applicable).

(6) Completed Section 00 45 00 – Representations and Certifications (fill out as appropriate).

(7) Completed FAR Provision 52.229-11 (See paragraph 1.18 of this section).

(8) Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable (See paragraph 1.18 of this section).

Notes to Bidders:

* Bidders shall NOT alter amounts for line items identified as “X173, Non-Prepriced Labor - (Must be negotiated by contracting officer NTE)” and “X174 “Non-Prepriced Materials, Equipments and Shipping- (Must be negotiated by contracting officer NTE)”.

BIDDERS MUST SUBMIT ITEMS (1) THROUGH (5). SUBMISSION OF ITEM (6) 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.

1.5 BIDS SUBMISSION:

a. Bids (with all required supporting documentation) shall be hand-delivered or mailed so as to arrive at

MCAS Iwakuni, Building #100, prior to the time set for bid opening stated in this Invitation for Bids (IFB). Use of Japan Postal Service is not recommended. Any bids delivered by fax or email will be unacceptable and not considered for award.

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

c. Bids shall be submitted in a sealed package, in one (1) original and one (1) copy, with one (1) electronic copy. Electronic copy of all bids shall be submitted on a CD and/or a DVD in Adobe Portable Document Format (PDF) unless otherwise specified in the solicitation (See Schedule of Price).

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

- Bidder’s name and address

- Solicitation number (N4008422B5500)

- Date and time bids are due

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

U.S. Marine Corps Air Station Iwakuni Misumi-cho, Iwakuni, Yamaguchi, Japan, 740-0025 FEAD Iwakuni, B#100, 1st Floor, Room#128 Acquisition Branch Attn: Ms. Masayo Inoue Telephone: 0827-79-3584

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

f. Should there be a discrepancy between the paper copies and the CD/DVD versions, the paper copies shall govern.

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

1.6 BIDDER'S QUALIFICATIONS: Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding the bidder’s previous experience in performing comparable work, its business and technical organization, financial resources, and such other information as may be required to evaluate the bidders responsibility.

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

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

1.9 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.

1.10 BID GUARANTEE AND BONDING REQUIREMENTS: See Section 00 61 00 for Bond Forms.

A Bid Bond (SF24) is not required under the basic contract bid; however it may be required for future task orders.

1.11 AMENDMENTS: The Governments may amend this solicitation before the closing date. Any such amendments will be posted to the website https://sam.gov; hard copies of the amendment will not be mailed.

It is the bidder’s responsibility to check the website periodically for any amendments. The contractor must acknowledge any and all amendments issued under this solicitation either by annotating it on the SF1442 or signing each SF30 (amendment) and submitting it with the contractor’s bid.

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

WILL BE CONSIDERED NON-RESPONSIVE AND WILL NOT BE EVALUATED. For internal administrative purposes, contract values will be expressed in U.S. Dollars, however all bids shall be in Japanese Yen and contractors will be paid in Japanese Yen.

1.13 PRE-BID CONFERENCE/SITE VISIT: Pre-Bid Conference and Site Visit will not be conducted for this solicitation.

1.14 PRE-BID INQUIRIES: All inquiries concerning this solicitation shall be made using the attached Pre-Bid Inquiry Form (Attachment (5)) and submitted in Excel format via email to Ms. Masayo Inoue at masayo.inoue.ja@usmc.mil. The Government does not intend to respond to inquiries submitted less than 10 calendar days (30 Jul 2022) before the bid opening date. Correspondence shall be in English ONLY in accordance with FAR 52.214-34 Submission of Offers in the English Language and DFARS 252.225-7041 Correspondence in English. Responses to inquiries will be provided in the form of a Notice or an Amendment and posted to the website https://sam.gov. It is the responsibility of interested bidders to check the website periodically for any amendments to this solicitation.

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

a. A copy of the JV agreement; and,

b. A detailed statement outlining the following in terms of percentages where appropriate:

1) The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing;

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

3) Identify (by name and title) the personnel having the authority to legally bind the JV and the various partners/parties (including authority to execute the contract documents and bonds).

c. A list of partners/parties, to include company name, DUNS and CAGE numbers, address, point of contact, e-mail address, phone number and facsimile number.

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

1.16 CUSTOMS AND TAX EXEMPTION: In accordance with the Status of Forces Agreement, the U.S.

Government is entitled to an exemption from Japanese customs duties and Japanese commodity and gasoline taxes. The Contractor warrants that all taxes and customs duties pertinent to the procurement for which the U.S. Government is exempt have been excluded from the contract price. The Contractor is required to submit a request in writing to the Contracting Officer for issuance of an import or tax exemption certificate, as appropriate, relieving the Contractor from such customs duties or taxes. Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available.

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

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

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S.

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

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

Line 6 Contract / reference number: N4008422B5500 Line 7 Name and address of the acquiring agency:

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

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

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

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

In accordance with FAR 29.402-3, Tax on certain foreign procurements, FAR provision 52.229-11 and FAR clause 52.229-12 are included in solicitations, including solicitations using part 12 procedures for the acquisition of commercial products and commercial services. Solicitation means any request to submit offers or quotations to the Government. Acquisition means acquiring by contract, task order (TO), or delivery order (DO), supplies or services (including construction) for the use of the Federal Government. The base contract will incorporate the clause 52.229-12, if the contractor has indicated that it is a foreign person in solicitation provision 52.229-11. All TOs or DOs issued off the base contract will also incorporate the provision and clause unless one of the following exceptions applies:

a. Acquisitions using simplified acquisition procedures that do not exceed the simplified acquisition threshold (as defined in 2.101).

b. Emergency acquisitions using the emergency acquisition flexibilities defined in part 18.

c. Acquisitions using the unusual and compelling urgency authority per 6.303-2.

d. Contracts with a single individual for personal services that will not exceed the simplified acquisition threshold on an annual calendar year basis for all years of the contract.

e. Acquisitions if the requiring activity identifies that the requirement is for certain foreign humanitarian assistance contracts which are payments made by the U.S. Government agencies pursuant to a contract with a foreign contracting party to obtain goods or services described in or authorized under 7 U.S.C.

1691, et seq., 22 U.S.C. 2151, et seq., 22 U.S.C 2601 et seq., 22 U.S.C. 5801 et seq., 22 U.S.C. 5401 et seq., 10 U.S.C. 402, 10 U.S.C. 404, 10 U.S.C. 407, 10 U.S.C. 2557, and 10 U.S.C. 2561.

Note: If any of the above exceptions apply, and the provision and clause is not incorporated into a TO or DO issued under the base contract, execution and submission of an IRS W-14 is not required under said TO or DO. *Offerors are encouraged to seek guidance from their own tax, legal, or accounting professionals for advice concerning the applicability of the provision and clause to any TO or DO’s issued under the base contract. Additional information is also available at:

As stated 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.”

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

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

1.21 SCHEDULE OF WORK (IDIQ)

a. Offerors shall enter unit price(s) and amount(s) for Contract Line Item (CLIN) 0001 and 0002 on

SF1442 and accompanying Exhibits (Summary Schedule of Price - Attachment (2) and Schedule of Indefinite Quantity Work - Attachment (3)). The offered price for the CLINs in the Schedule must be broken down by the ELINs listed on the Exhibits.

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 CLINs, or exhibit line item numbers (ELINs) will be recomputed accordingly. The CLIN, which includes recomputed contract ELINs, will also be recomputed to take into account the change in the ELIN. If the bidder/offeror provides a total amount for a CLIN, or ELIN but fails to enter the unit price, the total amount divided by the CLIN, 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 PDF/Microsoft Excel format version of the bid/offeror, the hard copy bid/offer will be held to be the intended bid/offer and the total of the CLIN or ELINs will be recomputed accordingly.

d. 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.

1.22 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.

1.23 CANCELLATION OF SOLICITATION:

The Government reserves the right to cancel all invitations and/or reject all bids before award if the Procurement Contracting Officer (PCO) later determines it to be necessary. The procedures in FAR 14.404 shall be followed. In addition, if the PCO determines that an invitation for bids should be canceled and that use of negotiations is in the Government’s best interest, the PCO may negotiate and make award without issuing a new solicitation provided the provisions set forth at FAR 14.404-1(f) are met.

1.24 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 pre-award survey is not a part of the technical evaluation.

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.

1.25 TEAMING AGREEMENT (IF APPLICABLE):

Offerors intending to utilize capabilities and licenses of subcontractors shall submit a copy of Teaming Agreement and a detailed statement outlining the following where appropriate:

a. The relationship of the team in terms of contract execution to include the structure and decision-making responsibilities and method of performance of work;

b. The management approach in terms of who will conduct, direct supervise, and control.

Failing to provide a copy of the teaming agreement will be considered to have not met the requirements.

NOTICE

26 OCT 09

NOTICE

UNITED STATES LAWS AND REGULATIONS MAKE IT ILLEGAL FOR YOU TO PARTICIPATE IN ANY

OF THE FOLLOWING CONCERNING THIS SOLICITATION:

BID RIGGING

PRICE FIXING

COLLUSIVE BIDDING

BID ROTATION

OFFERING GRATUITIES

OFFERING OR RECEIVING KICK-BACKS

THE PRICES IN YOUR OFFER MUST BE ARRIVED AT INDEPENDENTLY WITHOUT ANY

CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER OFFEROR OR

COMPETITOR.

YOUR OFFER CAN NOT BE DISCLOSED BY YOU DIRECTLY OR INDIRECTLY TO ANY OTHER

OFFEROR OR COMPETITOR BEFORE BID OPENING.

IT IS ALSO UNLAWFUL FOR YOU TO INDUCE ANY OTHER BUSINESS TO, OR ALLOW ANOTHER

BUSINESS TO INDUCE YOU TO SUBMIT OR NOT SUBMIT AN OFFER FOR THE PURPOSE OF

RESTRICTING COMPETITION.

ALL OF THE ABOVE ACTS ARE ACTS OF DISHONESTY UNDER UNITED STATES LAWS AND

REGULATIONS AND ARE FORBIDDEN.

PENALTIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY

UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND RECOUPMENT

OF PRIOR MONIES PAID.

IF YOU ARE SOLICITED BY ANY OTHER BUSINESS TO COMMIT WITH ANY OF THE ABOVE ILLEGAL

ACTS, PLEASE NOTIFY OICC FAR EAST AT TELEPHONE NUMBER 046-816-4092.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-34 Submission Of Offers In The English Language APR 1991 52.217-5 Evaluation Of Options JUL 1990

CLAUSES INCORPORATED BY FULL TEXT

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price and Indefinite Delivery / Indefinite Quantity (IDIQ) contract resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

NAVFAC Far East FEAD Iwakuni PSC 561 Box 1871, FPO AP 96310-0019 Bldg. 100, Misumi-cho, Iwakuni-shi Yamaguchi-ken, Japan 740-0025

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR):

https://www.acquisition.gov/;

Defense Federal Acquisition Regulation Supplement (DFARS):

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (MAR 2022)

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.

Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/asda/dpc/cp/cyber/safeguarding.html#nistSP800171.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS.

(i) The email shall include the following information:

(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:

Brief CAGE codes description of Date of Total Date score of System security plan supported by this the plan assessment score 110 will plan architecture achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(3) Accessibility.

(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section.

DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

252.215-7008 ONLY ONE OFFER (JUL 2019)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to--

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

Section 00 45 00 - Representations and Certifications

CONTRACTOR’S INFORMATION

Solicitation Number N4008422B5500

Contractor’s Name and Address

DUNS: ______________________________

NCAGE: ______________________________

SAM Expiration Date: ___________________

* Bidder must be actively registered in the System for Award Management (SAM) database to be eligible for award.

For more information, please go to https://www.sam.gov.

SUMMARY – Contractor shall complete electronic annual representations and certifications at https://www.sam.gov, and fill out the following as appropriate. Under FAR 52.204-8, please place a check at (b) (2) “Paragraph (d) applies,” after completing electronic annual representations and certifications. Otherwise, please place a check at (b) (2) “Paragraph does not apply and the offeror has completed the individual representations and certifications in the solicitation,” then complete the following paragraphs by placing a check in the appropriate spaces or otherwise as appropriate, and submit as a part of the bid identified above.

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

OCT 2020

52.223-1 Biobased Product Certification MAY 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2021)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A…