Amendment 0004_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 6

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

16C. DATE SIGNED

BY 03-Jan-2022

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

03-Jan-2022

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 4

The purpose of this amendment is to incorporate the following:

A. Provide Government response to Offeror inquiry question 4 and 5.

Question No.

REFERENCE QUESTION GOVERNMENT

RESPONSE Page Section Para.

4 8 52.252.B The RFP requires a performance and payment bond for this submittal. Payment bonds are typically not required for work in Japan. We respectfully request the requirement for a payment bond be deleted from this proposal.

Payment bond is not required.

5 22 Amend

The RFP states "The Defense Base Act is currently waived in Japan by the U.S. Department of Labor through March 31, 2021…" As of the submittal date of this proposal, is the DBA still in place or will we need to price DBA?

The Defense Base Act (DBA) waiver is still in place for Japan. DBA Waiver expires on March 29, 2026.

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

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

D. All other terms and conditions remain unchanged.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

SUPPLEMENTARY CONDITIONS

AUTHORITY

In accordance with FAR 1.602-1, only Contracting officers have authority to enter into, administer, or terminate contracts and make related determinations and findings

PHASED CONSTRUCTION SCHEDULE

Within the overall project schedule, commence and complete the work in phases. Complete each phase of the work within the number of days stated in the following schedule:

a. Schedule start day: The day designated as the beginning of a particular phase; the number listed is the number of days from the award of contract.

b. Completion day: The day designated as the end of a given phase and the day the work in that phase must be completed; the number listed is the number of days from the award of thecontract.

c. Schedule:

Phase Description Schedule Start Day Completion Day A [ ] [ ] [ ] B [ ] [ ] [ ] C Completion of remaining [ ] [ ]

[Start and completion day for each phase to be specified in each Task Order, as applicable. The completion day of the last phase must be the same number as indicated in FAR 52.211-10, Commencement, Prosecution, and Completion of Work.]

d. If the work of a particular phase is complete and accepted before the scheduled completion day, immediately begin work on the subsequent phase unless otherwise restricted.

(End)

NOTICE OF BONDING REQUIREMENTS

Within 15 days after receipt of award, the bidder/Offeror to whom the award is made shall furnish the bonds required by FAR Clause 52.228-15 Performance and Payment Bonds - Construction.

Bidders/Offerors are hereby notified that the contract time for purposes of fixing the completion date, default, and liquidated damages will be as stated in FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work, regardless of when performance and payment bonds or deposits in lieu of surety are executed.

CONSUMPTION TAX EXEMPTION PROCEDURES ON PURCHASE OF GOODS AND SERVICES

BY THE UNITED STATES ARMED FORCES IN JAPAN [JAPANESE LAW NO. 108, 1988]

(a) The Consumption Tax Law (Law No. 108, 1988) was enacted in the Diet of Japan on 24

December 1988, and applied from April 1, 1989. The Government of Japan (GOJ) and the United States Government (USG), in accordance with paragraph 3, Article XII, of the "Agreement Under Article VI of the Treaty of Mutual Cooperation And Security Between Japan And The United States of America Regarding Facilities And Areas And The Status of United States Armed Forces In Japan,” (SOFA) have agreed upon procedures for exempting the United States from the Japanese Consumption Tax on goods and services purchased in Japan for official purposes of the U. S. Armed Forces by the U. S. Armed Forces or its authorized procurement agencies.

(b) The underlying objective is to obtain the full amount of the exemption from the tax on U.S. Forces procurements immediately at the time of purchase and at the same time provide the Contractor a proof of purchase document, acceptable to GOJ tax authorities, which he/she can present to the tax authorities to obtain a tax credit and/or refund for tax already collected and paid by previous sellers.

(c) The exemption from the Japanese Consumption Tax applies not only to prime Contractors, but also subcontractors or suppliers at every level regardless of the nationality of the prime Contractor whether a Japanese or foreign firm.

(d) By the submission of their offer, the Offeror certifies that the Japanese Consumption Tax is not included in the bid/proposal/quote price, nor will it be a part of any subsequent modification to the contract.

Procedures for Contractors to obtain a consumption tax credit are described in USFJ Instruction 51-5 that may be obtained from the Procuring Contracting Office.

DRAWINGS PREPARED BY AN ARCHITECT-ENGINEER

The engineer or architect signing the drawings must be registered in the country of record for the architect-engineer firm or the country of the proposed construction -- as a Professional Engineer (P.E.) or Registered Architect (R.A.). In addition, the drawings shall be signed by a responsible person of corporate status in the architect-engineer firm and stamped with his/her registration seal when the seal is authorized by the country where the project is to be constructed.

ADDITIONAL CONTRACT REQUIREMENTS

OBSERVATION OF REGULATIONS AND IDENTIFICATION OF CONTRACTOR'S EMPLOYEES

(a) Observation of Regulations: In the performance of the work specified in the contract at any installations occupied by the U.S. Government, the Contractor shall require its employees to observe all local rules and regulations as prescribed by the cognizant base/installation authorities.

(b) Identification: The Contractor shall require its employees, subcontractors and agents to clearly identify themselves as Contractor personnel by such means as displaying distinguishing badges or other visible identification on base and when in meetings with Government personnel and by appropriately identifying themselves as Contractor employees or agents in telephone conversations and written correspondence.

U.S. - JAPAN 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;

however, the U.S. Government may consider designating eligible employee(s) as “Members of the Civilian Component” under Article I(b) of the SOFA.

WAIVER OF DEFEENSE BASE ACT

The Defense Base Act is currently waived in Japan by the U.S. Department of Labor through March 31, 2021 March 29, 2026 unless modified, terminated, suspended, or revoked earlier than that date excepting where personnel are U.S. citizens, U.S. permanent residents, or hired in the U.S. As such, the 52.228-3, Workers' Compensation Insurance (Defense Base Act) does not apply to this requirement while the current waiver is in effect, extended, or a new waiver is issued except where personnel are U.S. citizens, U.S. permanent residents, or hired in the U.S.

CONCILIATION

a. Any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the U.S.-Japan Joint Committee for Conciliation in accordance with paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI, of the Treaty of Mutual Cooperation and Security between Japan and the United States of America.

b. Recourse to the Joint Committee for Conciliation for resolving disputes is available in addition to the procedures set forth in the Contract Disputes Act of 1978 and the Disputes Clause of this contract, 52.233-1. A request for conciliation by the Joint Committee, however, shall not toll the time periods allowed under the Contract Disputes

Act for appealing a Contracting Officer’s final decision to either the Armed Services Board of Contract Appeals or U.S. Court of Federal Claims.

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

NOTICE

UNITED STATES LAWS AND REGULATIONS PROHIBIT YOU FROM PARTICIPATING IN ANY

OF THE FOLLOWING CONCERNING THIS SOLICITATION/CONTRACT:

BID

RIGGIN

G

PRICE

FIXING

COLLUSIVE BIDDING

BID ROTATION OFFERING

GRATUTIES

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 CANNOT BE DISCLOSED BY YOU DIRECTLY OR INDIRECTLY

TO ANY OTHER OFFEROR OR COMPETITOR BEFORE BID OPENING.

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

ANOTHER COMPANY TO INDUCE YOU TO SUBMIT OR NOT SUBMIT AN OFFER FOR

THE PURPOSE OF RESTRICTING COMPETITION.

ALL OF THE ABOVE ACTS 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

RECOUPMENTOF PRIOR MONIES PAID.

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

REPORTING REQUIREMENTS

Contractor’s performance will be evaluated using the respective Contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the Contractor is required to provide the Government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the Government in the appropriate system. It is the Contractor’s responsibility to keep this contact information

N4008422R0077

PAPERLESS CONTRACTING

The U.S. Navy (hereafter referred to as the Government) intends to administer any contract awarded under this solicitation using paperless contracting methods to the greatest extent practicable. Paperless contracting involves the use of an electronic medium such as the internet, computer diskettes, CD-ROM, or electronic mail (e-mail) in place of paper documents to award, solicit, or administer a contract.

In order to facilitate the use of paperless contracting methods, the Contractor shall possess the capability to communicate and exchange authenticated documents with the Government electronically during the contract performance period. Such capability shall include the ability to receive, acknowledge, reply to, and send documents via electronic mail. Additionally, such capability shall not require or be contingent upon any modification or upgrade to existing Government software. The Contractor also agrees to maintain such capability notwithstanding any changes or modifications to existing Government software during the contract performance period so long as the Government provides reasonable notice and any equipment and/or software required to maintain such capability is commercially available.

The Contractor shall utilize the paperless contracting capability described above as directed by the Contracting Officer during the contract performance period. Documents which may be required to be exchanged electronically include, but are not limited to, Task Orders, modifications, requests for cost proposals, and other routine correspondence. Exceptions to the Contracting Officer's direction may be granted in unusual circumstances with the prior approval of the Contracting Officer.

Both the Contractor and the Government agree to share all such technical information as is necessary to facilitate efficient and reliable electronic communications during the period of contract performance. Such information may include such data as e-mail addresses, available software, and mutually agreed procedures, but shall not include any information the disclosure of which would violate any applicable licenses or other agreements. In case of any technical difficulties precluding the use of electronic communications, both the Government and the Contractor agree to work in good faith to resolve any such difficulties.

For informational purposes, the Government anticipates that its contracting personnel will utilize the following computer software programs during the administration of this contract: Microsoft Office (Excel and Word), Adobe Acrobat, and AutoCAD.

TRANSPORTATION BY SEA

The requirements of DFARS 252.247-7023, Transportation of Supplies by Sea, apply to this contract. Within 30 days of each shipment, the Contractor is required to provide an electronic copy of the carrier's bill of lading to the Contracting Officer and the Maritime Administration (MARAD) via e-mail. Scanned copies may be emailed to cargo.marad@dot.gov. In addition, the Contractor shall notify the Contracting Officer when oceanic shipments have been initiated within 3 working days of shipment.

(End of Summary of Changes)