Amnd 0001.pdf

ACQR5986116

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

PREVENTIVE MAINTENANCE PROGRAM AND SERVICE ORDERS FOR SHOP EQUIPMENT AND PERMANENT FALL PROTECTION SYSTEMS AT

THE U.S. COMMANDER FLEET ACTIVITIES YOKOSUKA (CFAY), JAPAN

Description of this amendment begins on Page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 29-Jun-2023

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 N4008423B0412

X 9B. DATED (SEE ITEM 11)

27-Jun-2023

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

29-Jun-2023

CODE

NAVFAC FAR EAST

FEAD YOKOSUKA

PSC 473 BOX 13

FPO AP 96349-0013

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4008423B0412

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMND 0001

1. The purpose of this amendment is to reschedule the site visit.

The site visit is hereby rescheduled aer to 6 July 2023 at 9:30 am.

2. Closing date remains unchanged.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

ADDENDA 52.212-4

ADDENDA TO 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

1. 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.

2. 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.

3. 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.

4. WAIVER OF DEFENSE BASE ACT

The Defense Base Act is currently waived in Japan by the U.S. Department of Labor through 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. during.

5. INVOICING INSTRUCTIONS AND PAYMENT INSTRUCTIONS

a. Contractor's invoice for services performed should be prepared using the Invoice Form, NAVFAC 7300/30, ATTACHMENT J-0200000-04.21 of the Specification.

b. Invoices shall be submitted via the system Wide Area Workflow in accordance with the instructions in

DFARS 252.232-7006.

c. Payment will be based on invoices submitted by the Contractor for satisfactorily completed work. Upon verification of the work actually performed and after receipt of required Contractor submittal, invoices will be processed for payment.

d. Payment Instructions: Payment shall be made in accordance with the Payment Instructions table at DFARS PGI 204.7018 (b)(2). A link to the table is provided below https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions

e. ATTACHMENT J-0200000-07 will be used as the basis of deductions if necessary, pursuant to FAR 52.212-4 (a).

6. PLACEMENT OF NON-RECURRING WORK ORDERS

a. Non-Recurring work may be ordered at the prices offered by three ways: 1) by the issuance of a task order by the issuing activity in accordance with FAR clause 52.216-18 Ordering; 2) by an authorized Government user via a Government Commercial Purchase Card (GCPC); or 3) by an authorized Government user via FedMall. When receiving orders against the schedule, the contractor shall provide the supplies and services at the pricing provided in the Exhibit Line Items (ELINs) (Attachment J-0200000-07) without additional markup or handling fee.

i. Task Order Issuance Non-Recurring work may be ordered at the prices offered by the issuance of a task order by the issuing activity in accordance with FAR clause 52.216-18 Ordering. As the need exists for the performance of Non-Recurring work, the Contracting Officer will notify the Contractor of the requirement via issuance of a Request for Proposal with the Statement of Work. Task orders issued by the issuing activity using a SF1449 or DD Form 1155, will utilize the ELINs (Attachment J-0200000-07) in the ordering of work.

ii. GCPC / FedMall Order The contractor is required to offer IQ pre-priced line item services to authorized Government personnel when they are ordering the work directly via the GCPC program. When receiving GCPC orders against Section B, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee. The contractor agrees to accept and process GCPC orders for IQ services, including those orders issued through the FedMall.

b. The contractor shall track quantities and report total ordered quantity by GCPC orders, FedMall and approved DD 1155’s or SF1449's by line item number each month and year-to-date. The report shall be due to the Contracting Officer by the fifth day of the following month. The contractor must track and report when total dollar value of all orders from GCPC and FedMall purchases and DD 1155s or SF1449s exceed 75% of the combined Section B Pre-Priced Line Item quantities.

7. MAXIMUM QUANTITIES

The maximum NTE value of an ordering period is the total of all the CLINs in that ordering period. The maximum or NTE value of the contract is the total value of all CLINs in the Schedule. Orders shall not be made that exceed the maximum NTE value for any ordering period. The maximum NTE value of an ordering period and of the contract may be increased by written modification to the contract in conjunction with any modification that increases the value of an existing task order that is authorized by a contract clause. Orders in excess of the estimated quantity set forth for any particular CLIN shall not be exceeded without the Contractor’s agreement which shall be indicated by signing or beginning performance of the order.

Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee for: CLIN 0001, Base Period recurring work.

Minimum guarantees do not apply to the option periods.

(END OF ADDENDA TO 52.212-4)

ADDENDA TO FAR 52.212-1

ADDENDA TO 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services

The Department of the Navy is inviting bids for “Preventive Maintenance Program and Service Orders For Shop Equipment and Permanent Fall Protection Systems At The U.S. Commander Fleet Activities Yokosuka (CFAY), JAPAN By Recurring Work & Non-Recurring Work”.

INSTRUCTIONS TO BIDDER SECTION

This is a solicitation for commercial services issued as an Invitation for Bids (IFB). Written bids are required (oral offers will not be accepted). Submission must be in accordance with FAR 52.212-1, Instruction to Offerors, Commercial Products and Commercial Services. Bidders must thoroughly and fully review the solicitation and its attachments. It is the Bidder’s/Awardee’s responsibility to fully perform and complete the services required by this solicitation per the Bidder’s submitted price proposal.

Bids will be publicly opened in Naval Base Yokosuka, Building 4364 at the time for bid opening as stated in this Invitation for Bids. The abstract of offers will be made public for the information of bidders and others who may be present in person, by representative, or by phone.

1. BASIS OF AWARD

The Government anticipates a single award of a Firm Fixed Price (FFP) and Indefinite-Delivery Indefinite-Quantity (IDIQ) contract. The Government will award on the basis of the lowest priced bid to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price. Award shall not be made until all required approvals have been obtained and the award otherwise confirms with

FAR14.103-2.

2. BID SUBMITTAL REQUIREMENTS:

Bidders shall submit the following:

a. Completed pages 1 through 13 of the Standard Form 1449 (SF1449) {23B0412A}

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

c. Completed Schedule of Prices and Exhibit Line Item Numbers (ELINs) Spreadsheet (Attachment

{23B0412C}. (Electronic copy shall be in both Adobe PDF and Microsoft Excel formats). Bids shall be priced in Japanese Yen only. Bids not priced in Japanese Yen shall be deemed nonresponsive, and will not be eligible for award.

d. Completed 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial

Services (Deviation 2023-O0002) Alternate I, including the following completed FAR and DFARS Provisions:

i. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

ii. FAR 52.204-26 Covered Telecommunications Equipment or Services – Representation

iii. FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation (See below instructions and information)

iv. FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals –

Representation

v. DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services –

Representation

vi. DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services - Representation

vii. DFARS 252.225-7059 Prohibition of Certain Procurements from the Xinjiang Uyghur

Autonomous Region-Certification.

e. Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable (See below instructions and information). 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.

f. Copy of Joint Venture (JV) Agreement, Partnership Agreement, and/or Teaming Agreement (if applicable).

The JV or Partnership must be registered in the System for Award Management (SAM) database as the JV or Partnership before receiving an award.

BIDDERS MUST SUBMIT ITEMS (a) THROUGH (c). SUBMISSION OF ITEM (d) THROUGH (f) IS

HIGHLY ENCOURAGED TO FACILITATE RESPONSIBILITY DETERTERMINATION AND VALIDATE

ELIGIBILITY TO RECEIVE AN AWARD.

Note for ITEM (c):

1. In the event that there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended bid/offer and the total of the CLINs, SLINs or ELINs will be recomputed accordingly. The CLIN, which includes recomputed contract SLINs or ELINs, will also be recomputed to take into account the change in the contract SLIN or ELIN. If the bidder provides a total amount for a CLIN, SLIN or ELIN but fails to enter the unit price, the total amount divided by the CLIN, SLIN or ELIN will be held to be the intended unit price.

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

3. BID SUBMISSION:

Bids (with all required supporting documentation) shall be hand-delivered or mailed so as to arrive at Naval Base Yokosuka, Building 4364, 2nd Floor, prior to the time set for bid opening as stated in this Invitation for Bids (IFB).

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

a. All hand delivered or mailed bids must be deposited in the bid box at the office of Bldg 4364, 2nd Floor prior to the time and date set for bid opening. Use of Japan Postal Service is not recommended. Any bids submitted by hand or mailed after the time set for receipt will be stamped with the date and hour of receipt and held unopened until after award. The file shall be documented in accordance with FAR 14.304. Any bidders who do not have gate access for Naval Base Yokosuka may send their bid via a courier, to be delivered prior to the bid due date. Bids shall be sent to:

Naval Facilities Engineering Systems Command (NAVFAC) Far East Attn: Ms. Mariko Fukuoka, PRY221 Bldg. 4364, 2nd Floor Tomari-cho, Yokosuka, Kanagawa 238-0001

All paper copies should be accompanied by an electronic version, and should be provided on a CD/DVD.

All electronic documents should be submitted in English in Adobe PDF form (*.pdf) and Microsoft Excel (*.xlsx).

j. Bidders planning to attend the public opening at Naval Base Yokosuka or via conference call are required to e-mail the attendees name and company name to mariko.fukuoka.ln@us.navy.mil at least two (2) working days prior to the bid opening date. The location and/or the phone number for the conference call for the bid opening will be provided via email.

4. SITE VISIT INFORMATION

a. The site visit will be held on 6 Jul 2023 at 09:30 AM at Bldg. 4302 of Yokosuka Naval Base.

*Site visit schedule – 9:30 Bldg 4302 (NAVFAC), 10:30 Bldg. 2043 (SRF).

1) Several Bldgs scheduled to visit are high security areas. Participants must fill out and submit the “SITE VISIT ATTENDEES REQUEST FORM” that is enclosed in Attachment 3 Notice (23B0412D) to mariko.fukuoka.ln@us.navy.mil by 10:30 AM on 3 Jul 2023.

2) The attendees must wear required Hard Hat with chin strap on, Safety Toe Shoes and Vest.

b. Individuals are required to have a “BASE ACCESS PASS” for the event. If the site visit attendee does not possess a valid pass, an escort and temporary base pass will be required. Those individuals requiring temporary pass issuance shall be requested to go to the Visitor Control Center (VCC), Yokosuka Naval Base and procure temporary base pass by the Site Visit day. In such case, you are required to notify the

Contract Specialist via email mariko.fukuoka.ln@us.navy.mil by the 10:30 AM on 3 Jul 2023. Failure to notify may result in the decline of your request.

k. Pass applicants must carry picture IDs. Valid picture IDs for Japanese Personnel includes a

Driver’s license, which indicates nationality or permanent address, a Passport or Resident Card with picture. Valid picture IDs for non-Japanese Personnel includes a Passport or Alien Registration Card. A Driver’s license which does NOT indicate the individual's nationality or permanent address is NOT considered a valid picture ID. A Driver’s license that does not indicate the individual’s nationality or permanent address may be used if accompanied with a Jumin Hyo with permanent address (Honseki chi).

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

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

n. It is the sole responsibility of each attendee to wear any Personal Protection Equipment (PPE) in accordance with the latest EM 385-1-1 (Safety and Health Requirements Manual) they determine appropriate for the site visit. The U.S. Government/Navy will not provide any PPE for persons attending the site visit. If proper PPE is not used, the individual may not be allowed to participate in the site visit to the ful rd hat with chin strap on, is mandatory at all times.

5. AMENDMENTS

The Government may amend this solicitation before the closing date. Any amendments made will be posted to Contract Opportunities on the SAM website at https://sam.gov/. Hard copies of the amendment(s) will not be mailed. It is the offeror’s responsibility to check the websites periodically for any postings or amendments to the solicitation. Please note that notices do not change the solicitation. Changes to the solicitation can only be made by the issuance of amendments. Contractors must acknowledge each amendment issued under this solicitation (if any) by signing each SF30 form (i.e., the amendment) and submitting it with the contractor’s uotation package.

6. INQUIRIES

Inquiries regarding this Invitation for Bid (IFB) shall be submitted electronically 10 business days prior to the bid opening date using the “PreBid Inquiry Form”, Attachment 4 Inquiry (23B0412E). Point of Contact (POC) for inquiries is Ms. Mariko Fukuoka, email at mariko.fukuoka.ln@us.navy.mil. The Government does not intend to respond to inquiries submitted less than 10 business days before the bid opening date.

7. SYSTEM FOR AWARD MANAGEMENT REGISTRATION

All bidders (i.e., whether individually or as a joint venture, etc.) responding to this solicitation must be registered and have an active status in the System for Award Management (SAM) database prior to the closing date for receipt of bids to be eligible for award and must have active Representations and Certifications in SAM.

Contractors may obtain information on registration and annual representation and certification requirements via the SAM website at https://www.sam.gov, or by calling 866-606-8220 or 334-206-7828 for international calls 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.

Bidder is required to be registered in SAM when submitting its 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 bid is submitted. Offerors with no active SAM registration upon receipt of their bid may be considered ineligible for award. If during the responsibility determination the SAM registration is not cured, award can be made to the next responsible bidder. A contract cannot be awarded to a contractor not registered in SAM with ACTIVE status.

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

(LTD), AND ETC.

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

(a) A copy of the JV or partnership agreement

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

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

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

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

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

(c) A list of partners/parties, to include company name, Unique Entity Identifier (UEI) and CAGE numbers, address, point of contact, email address, phone number and facsimile number.

9. NO ALTERNATE OR MULTIPLE PROPOSALS

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

10. APPARENT CLERICAL MISTAKES (FAR 14.407-2)

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.

11. PRE-AWARD SURVEY / RESPONSIBILITY DETERMINATION

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 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations.

The Government may make a pre-award survey of an offeror to determine whether such offeror is qualified and capable of performing the contract. The pre-award survey will involve examination of the bidder's financial and technical status and understanding of the contract requirements. Requested information shall be forwarded within three business days upon request or as indicated on the letter from the Contracting Officer. Failure to provide requested information, or a determination, after review of the information, of the offeror’s nonresponsibility, may result in rejection of the bid.

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.

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.

12. 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, and will be incorporated at time of award if applicable. This provision and clause concern the imposition of a 2 percent U.S. Federal excise tax withholding on any resultant contract award or payment request. This rule applies to U.S. Federal Government contracts for goods or services that are awarded to foreign persons. It implements the U.S. Department of the Treasury final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign entities pursuant to certain contracts.

Exemptions from this excise tax must be claimed by a Bidder 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 ww.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: N4008423B0412 Line 7 Name and address of the acquiring agency:

Naval Facilities Engineering Systems Command (NAVFAC) Far East City or town, state or province. Include postal code where appropriate:

Bldg. 4364, 2nd Floor, Tomari-cho, Yokosuka-shi, 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 professionals for advice concerning the provision, clause, and the execution/submission of IRS Form W-14. Additional information is also available at:

https://pacific.navfac.navy.mil/Facilities-Engineering-Commands/NAVFAC-Far-East/About-Us/Contractors- Information/

13. NOTICE OF NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST) SPECIAL

PUBLICATION (SP) 800-171 DOD ASSESSMENT REQUIREMENTS

The following provision and clause are applicable to this acquisition-- DFARS 252.204-7019 (Notice of NIST SP 800-171 DoD Assessment Requirements) and 252.204-7020 (NIST SP 800-171 DoD Assessment Requirements).

As prescribed by DFARS provision 252.204-7019, if the offeror is required to implement NIST SP 800-171, the offeror must have a current (not older than three years unless a lesser time is specified in the solicitation) NIST SP 800-171 DoD Assessment for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order, in order to be considered for award. It also requires the contractor to post summary level scores of their NIST SP 800-171 Assessments in the Supplier Performance Risk System (SPRS) database.

For this solicitation, a minimum Confidence Level assessment of “Basic” as identified in the NIST SP 800-171 Assessment Report within the SPRS is required to be considered for award.

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/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800- 171.html

Guidance regarding the NIST SP 800-171 DoD Assessments can be found at https://www.sprs.csd.disa.mil/.

Offerors are encouraged to seek guidance from their own legal or cyber-security compliance advisors for advice concerning the NIST SP 800-171 DoD Assessment requirements.

NOTE: The Government will not extend or delay the procurement for pending Contractor NIST SP 800-171 assessments.

14. 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. Offerors will be required to provide verification on required license prior to award of any contract to the contracting officer if such information is not already on file with or available to the contracting officer. Contractors must have a Japanese bank account in order to receive payment via DFAS Japan.

Furthermore, the U.S. Government will not offer “United States Official Contractor” status under Article XIV of the U.S.-Japan Status of Forces Agreement (SOFA) to any offeror awarded a contract under this solicitation, however, the U.S. Government may consider designating eligible employee(s) as “Members of the Civilian Component” under Article I (b) of the SOFA.

15. 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 any invitation for bids should be canceled and the use of negotiations is in the

Government’s best interest, the PCO may negotiate and make award without issuing a new solicitation provided the provision set forth at FAR 14.404-1 (f) are met.

16. INCURRED EXPENSES

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

17. NOTICE

UNITED STATES LAWS AND REGULATIONS PROHIBIT YOU FROM PARTICIPATING 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 CANNOT BE DISCLOSED BY YOU DIRECTLY OR INDIRECTLY TO ANY OTHER

OFFEROR OR COMPETITTOR 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 FORBBIDDEN.

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 DEAL WITH ANY OF THE ABOVE ILLEGAL

ACTS, PLEASE NOTIFY NAVFAC FAR EAST AT TELEPHONE NUMBER 046-816-5565

(END OF ADDENDA TO 52.212-1)

(End of Summary of Changes)