Amendment 0003_22R0077.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

SOLICITATION NO. N4008422R0077, INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) DESIGN-BUILD (DB)/DESIGN-BID-BUILD MULTIPLE

AWARD CONSTRUCTION CONTRACT (MACC) FOR THE KANTO PLAINS OPERATIONAL AREA, JAPAN

CONTINUED ON PAGE 2

1. CONTRACT ID CODE PAGE OF PAGES

J 1 30

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

16C. DATE SIGNED

BY 14-Dec-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N4008422R0077

X 9B. DATED (SEE ITEM 11)

09-Nov-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

14-Dec-2021

CODE

NAVFAC FAR EAST

CORE EXECUTION TEAM

PSC 473 BOX 13

FPO AP 96349-0013

N40084 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4008422 R0077

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 3

A. In accordance with FAR 52.252-3 Alterations in Solicitation (APR 1984), portions of this solicitation are altered as follows:

1. The following sections of the Standard Form 1442 are revised:

Section 00 10 00 Solicitation

Section 00 21 00 Instructions

Section 01 00 00 General Requirements

2. All references to seed project in the solicitation are changed to demonstration project.

3. Include Attachment 4 - demonstration project specifications and Attachment 5 - demonstration project reference drawings.

4. Include revised Exhibit E – Price Proposal Form and Exhibit F- FAR Provision 52.229-11.

5. Proposal validity period of 180 calendar days for Government acceptance after the date offers are due remains the same. Offers providing less than 180 calendar days will not be considered and will be rejected.

B. Provide Government response to Offeror inquiry question 3.

Question No.

REFERENCE QUESTION GOVERNMENT

RESPONSE Page Section Para.

3 (Page 7 of

SF1442)

00 21

We are wondering if site visit / pre-proposal conference will be held within this year? Shall we assume that we shall prepare Phase 1 proposal before the event?

Site visit / pre-proposal conference will not be held within this year. It is anticipated to be conducted during Phase II. Phase I proposal should be prepared before the event.

C. The proposal due date of 10 January 2022, 02:00 P.M. Japan Standard Time remains the same.

D. Offerors shall acknowledge this amendment in Block 19 of the Standard Form 1442 with their proposals.

E. All other terms and conditions remain unchanged.

SECTION 00 10 00 - SOLICITATION

The following have been modified:

A. GENERAL OVERVIEW OF MULTIPLE AWARD CONSTRUCTION CONTRACTS (MACC):

A MACC is a contract awarded from a single solicitation and may result in award to multiple contractors. This procurement consists of one (1) solicitation with the intent to award up to approximately (8) Indefinite Delivery/Indefinite Quantity (IDIQ) type construction contracts to the Offerors submitting the proposals determined to represent the best value – the proposals most advantageous to the Government, cost/price and other factors considered. Successful Offerors will compete for future work during the term of the contract.

B. DESCRIPTION OF ACQUISITION

1. This acquisition is for Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Build (DB)/Design-Bid-Build (DBB) Multiple Award Construction Contracts (MACC) for the Kanto Plains Operational Area, Japan, with a five-year ordering period.

2. The resultant MACC, will be used to issue Task Orders for the design and construction of new construction, renovation/modernization, and routine repair/maintenance projects at the Kanto Operational Area, Japan.. The proposed scope of work will be specified in each Task Order and may include, but is not limited to office renovation, building demolition, built-in equipment repair/replacement, piping repair/replacement, pipe lagging, electrical work, mechanical work, road pavement, fencing, roofing, painting, site work, removal and disposal of lead based paint and asbestos containing material, welding, and masonry in the Kanto Plains operational area, to include Yokosuka Area of Responsibility, including U.S. Fleet Activities, Yokosuka Japan; Yokohama North Dock, Yokohama, Japan; Tsurumi POL Depot, Yokohama; New Sanno, U.S. Forces Center, Tokyo; Azuma Storage Area (Hakozaki), Yokosuka; Urago Storage Area, Yokosuka, Ikego Housing Area and Navy Annex, Zushi; and other various locations in Kanto Plains operational area, Japan. As necessary, the Government will use the resulting contract vehicle for some projects in U.S. Naval Air Facility (NAF), Atsugi, Japan; U.S. Marine Corps Combined Arms Training Center (CATC) Camp Fuji, Japan; U.S. Naval Auxiliary Landing Field, Kisarazu, Chiba. Work may be ordered in other areas throughout NAVFAC Far East’s area of responsibility in Japan, if deemed necessary and approved by the Contracting Officer for the MACC at NAVFAC Far East, Yokosuka.

3. The Not-to-Exceed (NTE) amount for all the MACC contract awards combined is $250,000,000; it is not the maximum value of each individual MACC contract. The NTE capacity for the contract will be tracked using the U.S. dollar obligated amount of Task Orders and modifications at the time of execution.

4. Task Orders will range between ¥25,000,000 and ¥5,000,000,000 but may be other amounts by mutual agreement of the Government and Contractor.

5. Minimum guarantee is ¥2,000,000 JPY each per contract. A Task Order for the minimum guarantee will be issued concurrently with the award of the basic contract for the Offerors awarded a MACC, but not awarded the seed demonstration project.

C. DESCRIPTION OF SEED DEMONSTRATION PROJECT

1. There is one (1) seed project for this solicitation, which will be awarded at the time of award fo the MACC contracts. This acquisition will be solicited with one (1) seed demonstration project.

Title: YSK-2046 Replace Air Conditioning System, Yokosuka at Commander Fleet Activities Yokosuka, Japan. The seed project will be included in the RFP at a later time and will be issued via Amendment.

2. If funds are available, A a Task Order for the seed demonstration project will be issued concurrently with the award of the basic contract to the contractor selected as the best value for the seed demonstration project. The Government reserves the right to award the demonstration project at the time of the basic contract award or before the proposal expiration period, should funds become available.

3. In accordance with FAR 36.204, the magnitude of the demonstration project is between ¥500,000,000 and ¥1,000,000,000.

4. In accordance with FAR 52.211-10 Commencement, Prosecution, and Completion of Work, the Offeror awarded the seed demonstration project shall be required to commence work for the seed demonstration project within 15 days after date of award, prosecute the work diligently, and complete the entire work ready for use not later than*_ 600 calendar days after date of Task Order award. The time stated for completion shall include final cleanup of the premises.

* Calendar days determined upon issuance of seed project via amendment to the RFP.

In accordance with FAR 52.211-12 Liquidated Damages, if the Offeror awarded the seed demonstration project fails to complete the work within the time specified in the Task Order for the seed demonstration project, the Contractor shall pay liquidated damages to the Government in the amount of *_ JPY 177,000 for each calendar day of delay until the work is completed or accepted.

* Liquidated damages to be determined upon issuance of seed project via amendment to the RFP.

D. FULL AND OPEN COMPETITION

This acquisition is solicited on an unrestricted basis using full and open competition.

SECTION 00 21 00 - INSTRUCTIONS

A. AMENDMENTS

Amendments will be posted to the Government wide point of entry (GPE), currently SAM (https://sam.gov). Hard copies of the amendment will not be mailed. It is the Offeror’s responsibility to check the website periodically for any postings or amendments to the solicitation.

B. BID GUARANTEE AND BONDING REQUIREMENTS

A bid guarantee and performance bond are required by this solicitation. See, FAR 52.228-1, 52.228-15, and 52.228- 2 for details. Corporations executing bid and performance bonds as sureties will be considered acceptable if they have received official approval to do so from the Ministry of Finance, Government of Japan, notwithstanding any requirement stated elsewhere that such corporations be approved by the U.S. Department of Treasury. Guarantees by Japanese banks executed on will also be accepted where authorized under Japanese banking laws. Individual sureties will only be permitted where the Offeror proposing an individual to act as surety complies with FAR 52.228-11 herein and the Government, in its discretion, determines the individual surety to be acceptable for purposes of this procurement. Japanese sureties (whether corporations, banks or individuals) are requested to register with NAVFAC Far East prior to issuing any bond. Refer to FAR 52.228-1 for Government acceptable forms of firm commitments.

The company name and address of Bid Bond (SF24), Performance Bond (SF25), and Additional Bond (SF1415) should match with the company name and address of bid form. Bonding company or Bank should register with the contracting office before they issue the bond. If they don’t register with the contracting office, their bond will be rejected. If the contractor wants to use the check for bond, the issue office should be Bank or financial (banking) institution. We cannot accept the check issued by the Offerors.

Electronic copy of SF24 can be downloaded at below URL:

https://www.gsa.gov/forms-library/bid-bond Electronic copy of SF25 can be downloaded at below URL:

https://www.gsa.gov/forms-library/performance-bond Electronic copy of SF1415 can be downloaded at below URL:

https://www.gsa.gov/forms-library/consent-surety-and-increase-penalty

C. CONTRACTOR LICENSING REQUIREMENTS

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. Prior to award of any contract, Offerors must be registered to do business and possess a construction license (Kensetsu Gyo Kyoka) issued by the Ministry of Land, Infrastructure and Transport, or prefectural government. Offerors will be required to provide verification on 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.

D. 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.

E. 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: N4008422R0077 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 Bldg. 1828, 1F, Tomari-cho Yokosuka, Kanagawa, 238-0001 Country (do not abbreviate): Japan

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

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

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

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

F. INCORPORATION OF PROPOSAL

The Contractor’s proposal, including revisions and amendments, made prior to contract award and a copy of which is in the possession of both parties, shall be incorporated into this contract upon award by reference with the same force and effect as if set forth in full text. In the event of any inconsistency between the provisions of this contract and the proposal, the inconsistency shall be resolved by giving precedence in the following order: (i) the contract (excluding the technical proposal) and then (ii) the proposal.

G. INCURRED EXPENSES

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

H. JOINT VENTURE (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS

(LTD), ETC.

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

a. A copy of the JV, LLC or LTD agreement.

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

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

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

3) The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.

4) Identify (by name and title) the personnel having the authority to legally bind the partners/parties (including authority to executed 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.

NOTE: An offer may be rejected if the company name identified on the submittals and any bonds or guarantees is different from the JV, LLC or LTD name identified on the agreement.

I. PRE-PROPOSAL INQUIRIES

Inquiries regarding this Request for Proposal (RFP) shall be submitted electronically using the Pre-Proposal Inquiry (PPI) form provided as Attachment 1. The Point of Contact (POC) for inquiries is Mr. Ariel Bautista, Contract Specialist, at ariel.bautista@fe.navy.mil. The Government does not intend to respond to inquiries submitted less than

10 calendar days before the proposal closing date and time. Failure of a prospective Offeror to submit any questions will be construed to mean that the Offeror fully understands the requirement of the solicitation.

J. PRE-PROPOSAL CONFERENCE AND SITE VISIT

See Section 00 21 00 Instructions, FAR 52.236-27 Site Visit (Construction) (FEB 1995) – Alternate I (FEB 1995) for more information.

K. RESPONSIBILITY DETERMINATION/PRE-AWARD SURVEY

FAR 9.103 requires the Contracting Officer to make an affirmative determination of responsibility prior to making an award. The general standards for responsibility are outlined in FAR 9.104 and include having adequate performance schedule, having a satisfactory performance record, having the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them, having the necessary production, construction, and technical equipment and facilities, or the ability to obtain them, and being 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 conduct a pre-award survey of Offerors to determine whether such Offeror is qualified and capable of performing the contract. The pre-award survey may involve examination of the Offeror's financial and technical status and understanding of the contract requirements.

Requested information shall be forwarded within three (3) business days upon request or as indicated on the letter from the Contracting Officer. Failure to provide requested information may result in rejection of the proposal.

The following are examples of the information that, upon request, the Offeror shall be required to provide in writing to the pre-award survey team.

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

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

3. Description of Contractor's facilities and equipment.

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

5. Current financial statements and data.

6. Other work presently under contract.

7. 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.

8. Contractor Quality Control plan for this contract.

L. 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, or by calling 866-606-8220 or 334-206-7828 for international call 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 is submitted. Offerors with no active SAM registration upon receipt of their offer/quotation/bid shall be considered ineligible for award."

A contract cannot be awarded to a contractor not registered in SAM with ACTIVE status. Remember to review the NAICS codes listed in your record and make sure that you have listed the NAICS code for this procurement.

M. SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

N. SUBMISSION OF OFFERS IN JAPANESE YEN

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

O. PROPOSAL SUBMISSION – INSTRUCTIONS

1. PROPOSAL SUBMISSION

All proposals (with all required supporting documentation) shall be electronically submitted through 1) the Department of Defense (DoD) Solicitation Module in the Procurement Integrated Enterprise Environment (PIEE) or

2) through the DoD Secure Access File Exchange (SAFE) so that they are received by the date and time specified in Block 13A of the Standard Form (SF) 1442. Email or hard copy proposals will not be accepted.

Proposal Submission using Solicitation Module in PIEE Proposals shall be submitted in English in Adobe PDF form (*.pdf) via Solicitation Module in PIEE.

In order to submit a proposal through the Solicitation Module in PIEE, you must have an active Proposal Manager role in PIEE at https://piee.eb.mil/.

To upload the proposal in Solicitation module in PIEE:

1. Ensure you have an active role as with the Proposal Manager in PIEE.

2. Log into PIEE at https://piee.eb.mil/ to access the Solicitation Module or go directly to the Solicitation

Module at the following link: https://piee.eb.mil/sol/xhtml/unauth/index.xhtml.

3. Select Solicitation icon.

4. At the Home screen of the Solicitation Module, select the Search link to find the solicitation you intend to post an offer against.

5. In the Solicitation Search Criteria filter by entering the complete solicitation number and for Status, select

Open, then click Search.

6. When search results display, select the solicitation number link to open the solicitation.

7. The solicitation displays, with information as view only.

8. To post the offer, click the Offer tab.

9. Click the Add button to add an offer to the solicitation.

10. Select the applicable CAGE Code for which you are submitting the offer. The list is prefiltered based on the CAGEs in the Proposal Manager’s profile.

11. Click on the Choose Files link to upload attachments that comprise your offer.

12. Enter Signature Date and click Signature button after entering all necessary information.

13. Sign Document pop-up will be displayed requiring the user to enter a Digital Pin and OTP. Click the Sign and Submit button to continue.

14. After successfully adding the Offer a success message of the submission will be displayed providing confirmation of on-time/late proposal receipt.

Refer to Attachment 6 for additional guidance on the use of the PIEE Solicitation Module.

For addition information on PIEE Vendor Access Instructions or PIEE Solicitation Module Frequently Asked Questions visit:

https://dodprocurementtoolbox.com/site-pages/solicitation-module

For additional instructions on how to post an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf

OR

Proposal Submission using DoD SAFE Proposals shall be submitted in English in Adobe PDF form (*.pdf) via DoD SAFE.

In order to submit a proposal through DoD SAFE (https://safe.apps.mil/), you must request from the Contract Specialist a unique “Request for Drop-Off” code. The request should include the Offeror’s Point of Contact (POC) name, email address, and telephone number and shall be submitted to the assigned Contract Specialist(s) via email to Mr. Ariel Bautista at ariel.bautista@fe.navy.mil at least 5 calendar days prior to the deadline for receipt of proposals.

Within 3 calendar days prior to the proposal due date, the Government will send a DoD SAFE invitation email to the Offeror’s POC email address with a “Request for Drop-Off” code for use in submitting the proposal. Only the identified POC will be able to drop-off proposals or proposals revisions in DoD SAFE. Failure to provide accurate POC information will preclude the Offeror from using DoD SAFE.

To upload the proposal in DoD SAFE:

1. Request a Drop-Off code from the Contract Specialist(s) identified in the solicitation at least 5 calendar days prior to the deadline for receipt of proposals.

2. Log into DoD SAFE at https://safe.apps.mil/

3. Click “Drop-off” and enter the Request Code that was provided by the Contract Specialist.

4. Enter the solicitation number, Offeror name, DUNS number and CAGE code in the field labeled “Short note to the Recipients.”

5. Upload files by clicking button labeled “Click to Add Files or Drag Them Here”.

6. Click “Drop-Off Files” to send the files to the recipient.

7. DoD SAFE will provide a time stamped notification to the Government when the file is uploaded. The

DoD SAFE system notification must show the proposal “Drop-Off” or submission was no later than the time and date specified in Block 13A of the SF 1442. The date and time of “Drop-Off” or submission recorded in DoD SAFE shall govern the timeliness of any proposal submission.

For DoD SAFE User Guide information visit:

https://safe.apps.mil

Offerors are responsible for submitting files in the format specified consistent with requirements stated elsewhere in this solicitation. Offerors should mark all electronic files with the solicitation number and should keep the file name as short as possible (i.e., under 40 characters) so that the files are accessible on Government share drives. Files with longer names may become corrupt or inaccessible. Files that cannot be opened, or are otherwise missing the required content are the responsibility of Offerors.

It is an Offeror’s responsibility, when transmitting its proposal electronically, to ensure the proposal’s timely delivery by transmitting the proposal sufficiently in advance of the time set for receipt of proposals to allow for timely receipt by the Government no later than the date and time stated in the solicitation. Offerors shall allow adequate time to upload files, which may be slower for non-DoD users, and to avoid other technical difficulties that may be encountered. An Offeror risks the late receipt and rejection of a proposal where it delays transmitting its proposal until the last few minutes before the time set for receipt of proposals. It is the responsibility of the Offeror to confirm receipt of proposals. Proposals that are received after the stated date and time in the solicitation shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR).

2. PROPOSAL FORMAT

Offeror’s proposal must be submitted in accordance with the following instructions. Nonconformance may result in an unfavorable proposal evaluation.

Non-Cost/Price Proposal and Price Proposal shall be separate attached files and shall be labeled accordingly. All files shall be Adobe PDF formatted.

(1) Non-Cost/Price Proposal

The Non-Cost/Price Proposal shall be labeled “Non-Cost/Price Proposal”. All pages shall be numbered. Page limits, if stipulated, must be adhered to. Submissions related to the Factors shall be labeled and organized as follows:

Proposal for Phase One of the Solicitation SF 1442, with Blocks 14-20c completed, with all amendments acknowledged.

Tab 1 – Factor 1, Technical Approach (Exhibit A, Offeror Team, including Organizational Chart;

JV Agreement, etc.)

Tab 2 – Factor 2, Experience (Exhibit B, Construction & Design Experience Project Data Sheet;

Letter of Commitment and Explanation of Meaningful Involvement of Subcontractor, if applicable.)

Tab 3 – Factor 3, Past Performance (CPARS evaluations or Exhibit D, Past Performance Questionnaire; Explanations, if applicable) Tab 4 – Factor 4, Safety (Exhibit C, Safety Narrative)

Proposal for Phase Two of the Solicitation Tab 5 – Factor 5, Technical Solution Tab 6 – Factor 6, Price (Exhibit E, Price Proposal From for Seed Demonstration Project)

(2) Price Proposal

The Price Proposal shall be labeled “Price Proposal.” It shall be organized as follows:

Tab 1 – SF 1442, with Blocks 14-20c completed, with all amendments acknowledged Tab 2 – Exhibit E, Price Proposal Form Tab 3 – Bid Guarantee Tab 4 – Offeror Letter Tab 5 – Representations and Certifications Tab 6 – Latest Financial Statement (Kessan Hohkoku sho) Tab 7 – Letter from Bonding Agent or Surety indicating single and aggregate bonding capacity Tab 8 – Construction License (Kensetsu Gyo Kyoka) Tab 9 – Executed FAR Provision 52.229-11, Exhibit F Tab 10 – Completed IRS Form W-14, if applicable

The Non-Cost/Price Proposal and Price Proposal shall be submitted in accordance with the solicitation. The above list is provided for the Offeror’s convenience and is not exhaustive. Offerors shall refer to Section 00 21 00 Instructions, Paragraph S of the solicitation (“Evaluation Factors for Award”) for details regarding each submittal requirement.)

3. TIMELY RECEIPT OF PROPOSALS

Offerors shall ensure that proposals (with all required supporting documentation) are received electronically no later than the date and time stated in Block 13A of the Standard Form (SF) 1442 “Solicitation, Offer, and Award (Construction, Alteration, or Repair)”, unless revised by a formal amendment. Proposals not received by the date and time specified shall be treated in accordance with FAR 52.215-1 “Instruction to Offerors – Competitive Acquisitions” and may be rejected. Ultimately, it is the Offeror’s responsibility to ensure timely proposal submission. An Offeror risks the late receipt and rejection of a proposal where it delays submitting its proposal until the last few minutes before the time set for receipt of proposals. Hard copy submissions will not be accepted.

P. BASIS FOR AWARD

1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contracts; to negotiate with Offerors in the competitive range; and to award the contracts to the Offerors submitting the proposals determined to represent the best value—the proposals most advantageous to the Government, cost/price and other factors considered.

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

3. The tradeoff process is selected as appropriate for this acquisition. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced Offeror or other than the highest technically rated Offeror.

4. All technical factors when combined are of equal importance to the performance confidence assessment (past performance) rating; and all technical factors and the performance confidence assessment (past performance) rating, when combined are approximately equal to price.

5. Any proposal found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions. Proposals may be found to have either a significant weakness or multiple weaknesses that impact either the individual factor rating or the overall rating for the proposal. The evaluation report must document the evaluation board’s assessment of the identified weakness(s) and the associated risk to successful contract performance resulting from the weakness(s).

This assessment must provide the rationale for proceeding to award without discussions.

6. The Government intends to award up to approximately eight (8) multiple award construction contracts. The minimum guarantee is 2,000,000 JPY per contract, except one (1) Offeror, if funds are available will be awarded the seed demonstration project, which will also serve as a minimum guarantee. The Offeror submitting the proposal, conforming to the RFP, determined to represent the best value – the proposal most advantageous to the Government, cost/price and other factors considered, will receive award of the seed demonstration project. Any additional selected contractor awarded a basic contract but not awarded the seed demonstration project, will be awarded a minimum guarantee of 2,000,000 JPY, and selection will be based on the same criteria as the first selection.

Q. DEFINITIONS

The following definitions apply to the evaluation of the Non-Cost/Price Factors:

Strength: An aspect of an Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

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

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

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

Renovation and Repair Project Types: Refers to projects where the primary work modifies existing facilities.

New Construction: Refers to projects creating entirely new facilities (or new expansions/additions to existing facilities where a new structure and foundation is provided as part of the expansion/addition).

100% Complete:

For construction projects: The facility is completely constructed and ready for the intended use.

For design projects: 100% plans and specifications signed off by an Architect-Engineer and ready for construction with final cost estimate. Does not include any Post Construction Award Support (PCAS).

Self-Perform: Refers to performing relevant and major construction trade work in-house without subcontractors.

This does not include project administration or management functions (such as quality control or safety program) and miscellaneous work (such as housekeeping or cleanup). Relevant and major construction trade work is the same or similar to the work that may be ordered under this contract.

R. EVALUATION FACTORS FOR AWARD

1. The solicitation requires the evaluation of price and the following non-cost/price factors:

Phase One:

Factor 1 – Technical Approach Factor 2 – Experience Factor 3 – Past Performance Factor 4 – Safety

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

Phase Two:

Factor 5 – Technical Solution Factor 6 – Price

2. The relative order of importance of the non-cost/price evaluation factors is as follows:

a. Phase One:

The Phase One proposals shall be evaluated and rated considering Factors 1, 2, 3 and 4. Factor 1 (Technical Approach) will be rated as either Acceptable or Unacceptable. If an Offeror is rated Unacceptable for Factor 1, such offeror will not be invited to participate in Phase Two, regardless of its rating under any of the other factors.

For the exclusive purpose of determining which Phase One proposals are the most highly rated and which Offerors will be invited to submit Phase Two proposals, Factor 2 (Experience and Factor 4 (Safety) are of equal importance to each other, and Factor 2 (Experience) and Factor 4 (Safety), when combined, are of equal importance to Factor 3 (Past Performance).

Approximately ten eight (10 8) offerors will be selected to submit a Phase Two proposal, unless the Contracting Officer determines that a number greater than ten eight (10 8) is in the Government’s interest and is consistent with the purposes and objectives of two-phase design-build contracting.

b. Phase Two:

Phase Two proposals shall be evaluated and rated considering Factor 5 (Technical Solution) and Factor 6 (Price).

The technical factors, Factors 2, 4, and 5 are of equal importance to each other and, when combined are equal in importance to the past performance evaluation / performance confidence assessment factor, Factor 3. When the proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor combined (i.e., the non-cost/price evaluation factors) are approximately equal to price.

The importance of price will increase if the Offerors’ non-cost/price proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of a noncost/ price proposal’s superiority to the Government. Award will be made to the responsible Offeror(s) whose offer conforms to the solicitation and represents the best value to the Government, price and noncost/price factors considered.

3. Basis of Evaluation and Submittal Requirements for Each Factor.

(a) Non-cost/price Factors:

(1) Factor 1, Technical Approach:

(i) Solicitation Submittal Requirements: The composition and management of the firms proposed as the design-build (DB) team for this contract will be evaluated in this factor.

The Offeror shall submit the following information:

(1) (a) Using Exhibit A (Offeror Team),

(i) provide a narrative describing the proposed primary construction firms and primary design firms for this contract;

(ii) the rationale for proposing this arrangement; and

(iii) provide the role, responsibilities, and contractual relationships between the various firms (see FAR Subpart 9.6).

(b) The narrative shall also include a simple organizational chart that clearly identifies the lines of authority between the entities. If the experience of an entity is being claimed in Factor 2, that entity must be named in the above narrative and organizational chart.

The technical approach narrative shall be limited to one (1) double-sided page (or two (2) single-sided pages). The information requested in item #2 below is not included in this page limitation.

(2) In addition to the narrative, the Offeror shall submit a signed copy of a joint venture agreement, partnership agreement, teaming agreement, approved mentor protégé agreement (MPA), or letter of commitment for each member of the Offeror’s team identified above (e.g., joint venture member, partner, team member, subcontractor, parent company, subsidiary, or other affiliated company, etc.).

(ii) Basis of Evaluation: The assessment of the Offeror’s technical approach will be used as a means to evaluate the organizational structure and teaming relationships proposed by the Offeror. This factor will be rated on an Acceptable or Unacceptable basis.

(2) Factor 2, Experience:

(i) Solicitation Submittal Requirements: The Offeror shall submit the following information using Exhibit B (Construction & Design Experience Project Data Sheet):

(1) Construction Experience:

Submit a maximum of five (5) relevant construction projects for the Offeror that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP.

For purposes of this evaluation, a relevant project is further defined as follows:

• A construction project with a total contract value (size) of at least 300,000,000JPY/$3,000,000;

• A construction project involving the following (scope): new construction of infrastructure or renovation, alteration, or repair of existing infrastructure; and

• A construction project with at least one of the following characteristics (complexity):

a. Construction or renovation, alteration, or repair of a multi-unit residential living facility, such as a Bachelor Quarters, dormitory, condominium or apartment building;

b. Installation, improvement and/or replacement of critical power realignment, shore to ship power systems, electrical distribution loop systems, emergency generators and other electrical distribution systems.

c. Structural waterfront work on piers, wharves, caissons, dry docks and other shoreline structures;

d. Installation and/or repair of fire suppression systems;

e. Heating Ventilation and Air Conditioning (HVAC) systems or Dehumidification systems

f. Installation and/or repair of plumbing, or mechanical or electrical systems;

g. Roof replacement, recoating and/or repair;

Infrastructure is defined as: residential buildings; non-residential buildings including business and office, commercial, health care, educational, recreational, industrial and warehouse facilities; mixed use developments and planned unit developments; public work utilities systems; dredging and waterfront work on piers, wharves, caissons, dry docks, and other shoreline structures; roadways, and supporting facilities.

Note: A single project may satisfy more than one of the above minimum requirements.

Projects submitted for the Offeror shall be completed within the past seven (7) years of the date of issuance of this RFP, or at least 80% complete at the time of proposal submission.

A project is defined as a construction project performed under a single task order or contract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole should not be submitted as a project; rather Offerors should submit the work performed under a task order as a project.

The attached Construction & Design Experience Project Data Sheet (Exhibit B) is MANDATORY and SHALL be used to submit project information. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design.

Except as specifically requested, the government will not consider information submitted in addition to this form.

Individual blocks on this form may be expanded; however, total length for each project data sheet should not exceed one (1) double-sided page (or two (2) single-sided pages). Offerors failing to use and submit Exhibit B will be considered to have not met the requirements of Factor 2 and shall be rated Unacceptable.

For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e., unique features, area, construction methods).

If the Offeror is a Joint Venture (JV), relevant project experience shall be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared experience, projects may be submitted for the Joint Venture members. Offerors who fail to submit experience for all Joint Venture members may be rated lower. Offerors are still limited to a total of five (5) projects combined.

If the Offeror is/was a JV and would like to submit a project completed by the JV as a single entity to show the single entity’s experience/capability, said JV project must clearly demonstrate the percentage of work performed by each firm in the JV and the single entity Offeror must provide a detailed description of the work the single entity self-performed under the JV project in Exhibit B. Note: Offerors failing to submit the information requested will be considered to have not met the requirements of Factor 2 and shall be rated as a Deficiency.

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract and identified in Factor 1 submission.

The Offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offer must provide a letter of commitment and an explanation of the meaningful involvement that the subcontractor will have in performance of this contract. More weight may be given to the Offeror’s projects than to those submitted for subcontractors.

(2) Design Experience

Design-build projects are contemplated under this MACC. Therefore, the Offeror is required to address the design firm/team to be utilized for future task orders under this MACC.

Submit a maximum of five (5) relevant design projects for the design team that best demonstrates design experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as follows:

• A design project with a total construction cost (size) of at least 300,000,000JPY / $3,000,000;

• A design project involving the following (scope): new construction of infrastructure or renovation, alteration, or repair of existing infrastructure; and

• A design project with at least one of the following characteristics (complexity):

a. Construction or renovation, alteration, or repair of a multi-unit residential living facility, such as a Bachelor Quarters, dormitory, condominium or apartment building;

b. Installation, improvement and/or replacement of critical power reassignment, shore to ship power systems, electrical distribution loop systems, emergency generators and other electrical distribution systems;

c. Structural Waterfront work on piers, wharves, caissons, dry docks and other shoreline structures;

d. Installation and/or repair of fire suppression systems;

e. Installation and/or repair of Heating Ventilation and air Conditioning (HVAC) systems or

Dehumidification systems;

f. Installation and/or repair of plumbing, or mechanical or electrical systems;

g. Roof replacement, recoating and/or repair.

Infrastructure is defined as: residential buildings; non-residential buildings including business and office, commercial, health care, educational, recreational, industrial and warehouse facilities; mixed use developments and planned unit developments; public work utilities systems; dredging and waterfront work on piers, wharves, caissons, dry docks, and other shoreline structures; roadways, and supporting facilities.

Note: A single project may satisfy more than one of the above minimum requirements.

Projects submitted shall be completed within the past seven (7) years of the date of issuance of this RFP, or at least 80% complete at the time of proposal submission. For design-build projects, the design portion of the contract shall have been completed within the past seven (7) years of the date of issuance of this RFP, or at least 80% complete at the time of proposal submission. The design completion date shall reflect the date that plans and specifications were complete, signed off by an Architect-Engineer, and approved for construction with final cost estimate, and does not include architect/engineering services during construction or Post Construction Award support (PCAS).

A project is defined as a complete design effort performed under a single task order or contract/subcontract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as whole should not be submitted as a project; rather Offerors should submit the work performed under a task order as a project.

The attached Construction & Design Experience Project Data Sheet (Exhibit B) is MANDATORY and SHALL be used to submit project information.