N4008423B7012_SF1442.pdf

ACQR6014264

a. Solicitation Documents:

(1) Section 00 01 10 - Table of Contents

(2) Section 00 10 00 - Solicitation

(3) Section 00 21 13 - Instructions to Bidders

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

(5) Section 00 61 00 - Bond Forms

(6) Section 00 70 00 - Conditions of the Contract

(7) Section 00 73 00 - Supplementary Conditions

b. Standard Form (SF) 1442 Attachments:

(1) NAVFAC Specif ication eProject No. 1789898

(2) NAVFAC Draw ings No. 17303361 thru 17303367

(3) ENCL-1

(4) Pre-Bid Inquiry Form

(5) Site Visit Log

c. In accordance w ith FAR 36.204, the magnitude of construction is betw een ¥100,000,000 and ¥500,000,000.

X

RYUICHI TAKAGI 226-3595

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

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

NEGOTIATED

25-Sep-2023

(RFP)

(IFB)

CALL:

REPLACE SAND BLAST BOOTH, BLDG. 1440, NAF MISAWA, JAPAN

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________360 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________01 11 00.00 33

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________25 Oct 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

NAVFAC FAR EAST

FEAD MISAWA

UNIT 5050

APO AP 96319-5000

N40084

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour) Sealed envelopes containing offers

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

1789898

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

FAX:TEL: TEL: FAX:

N4008423B7012 57

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N4008423B7012

Section 00 01 10 - Table of Contents

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

Attachment 1 and 2 will be made available to Offerors via approved controlled document request in Contract Opportunities (sam.gov). The point of contact for all attachments is Ryuichi Takagi, ryuichi.takagi.ln@us.navy.mil and Amanda Jo, amanda.jo.civ@us.navy.mil.

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

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

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

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 NAVFAC_Specification 333 05-SEP-2023 Attachment 2 NAVFAC_Drawings No.

17303361 thru 17303367

7 05-SEP-2023

Attachment 3 ENCL-1 5 Attachment 4 Pre-Bid Inquiry Form 1 Attachment 5 Site Visit Log 2

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project

REPLACE SAND BLAST BOOTH, BLDG. 1440

FFP

The Contractor shall furnish all labor, materials, equipment, transportation, supervision, and engineering necessary to replace sand blast booth, Bldg. 1440, NAF Misawa, Japan in accordance with NAVFAC Specification and drawings herewith.

This contract will be solicited, awarded, and paid in Japanese yen; however, the price of the contract shall also be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. In accordance with the Instruction to bidders, Bids shall be priced only in Japanese Yen. At the discretion of the Contracting Officer Bids not priced in Japanese Yen will be considered nonresponsive and will not be evaluated.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR6014264

PSC CD: Y1EA

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 360 dys. ADC 1 NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD MISAWA

UNIT 5050

APO AP 96319-5000

FOB: Destination

N40084

Section 00 21 13 - Instructions to Bidders

1. GENERAL INFORMATION

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

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

1.2 SYSTEM FOR AWARD MANAGEMENT REGISTRATION: All Offerors (i.e., whether individually or as a joint venture, etc.) responding to this solicitation must be registered and have an active status in the System for Award Management (SAM) database at the time an offer/quotation/bid is submitted to be eligible for award. For more information please go to https://www.sam.gov, and complete the provisions associated with the annual representations and certifications identified in the Federal Acquisition Regulation (FAR) Subpart 4.1202 and Defense FAR Supplement (DFARS) Subpart 204.1202.

An Offeror is required to be registered in SAM when submitting its offer/quotation/bid, and shall continue to be registered at all relevant times, i.e., time of award, during contract performance, and through final payment of the contract resulting from this solicitation.

CAUTION: All Offerors are required to be registered in SAM at the time their offer/quotation/bid is submitted. Offerors with no active SAM registration upon receipt of their offer/quotation/bid may be considered ineligible for award. 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.

Remember to review the NAICS codes listed in your record and make sure that you have listed the NAICS code for this procurement.

1.3 PUBLIC OPENING OF BIDS: Bids will be publicly opened at the time set for opening in the invitation for bids. Their content will be made public for the information of bidders and others interested, who may be present either in person or by representative.

Bids (with all required supporting documentation) shall be hand-delivered or other means specified in paragraph

1.10 so as to arrive at NAVFAC Public Works Department (PWD) Misawa, Building 987, prior to the time set for bid opening stated in this Invitation for Bids (IFB). Any bids delivered by fax will be unacceptable and not considered for award.

Bids will be publicly opened on 25 Oct 2023 (Wednesday) at 11:00 AM, JAPAN STANDARD TIME (JST) AT BUILDING 987 ON MISAWA AIR FORCE BASE. Their content will be made public for the information of bidders and others interested, who may be present either in person or by teleconference.

Bidders planning to attend the public opening in person or via telephone are required to email the attendees name and company name to Ryuichi Takagi at ryuichi.takagi.ln@us.navy.mil at least five (5) working days prior to the bid opening date. The conference call phone number for will be provided accordingly to bidders who opt to attend via teleconference.

https://www.sam.gov/ mailto:ryuichi.takagi.ln@us.navy.mil

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

1.5 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 must 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 issuing office should be Bank or financial (banking) institution. The Government cannot accept the check issued by the offerors.

Japanese corporate sureties are requested to register with NAVFAC Far East prior to issuing any bond. The point of contact is Ryuichi Takagi at ryuichi.takagi.ln@us.navy.mil

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

1.7 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.

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; nor does the U.S. Government intend to designate eligible employee(s) as “Members of the Civilian Component” under Article I(b) of the SOFA."

1.8 BID CURRENCY: Bids shall be priced only in Japanese Yen. At the discretion of the Contracting Officer, bids not priced in Japanese Yen will be considered nonresponsive and will not be evaluated.

1.9 BID SUBMITTAL REQUIREMENTS:

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

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

(3) Bid Bond (SF24).

(4) JVA or Partnership Agreement (if applicable).

(5) Completed Section 00 45 00 - Representations and Certifications (fill out as appropriate), including FAR

Provision 52.229-11 (See paragraph 1.19 of this section).

(6) Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal ProcurementPayments, if applicable (See paragraph 1.19 of this section).

(7) Copy of Bidder’s Construction License (Kensetsu Gyo Kyoka) issued by the Ministry of Land, Infrastructure, Transport and Tourism or prefectural government (if not submitted to FEAD/PWD Misawa). The construction license will be considered as part of the responsibility determination in order to ensure the bidder is duly authorized to operate and conduct construction business in Japan

BIDDERS MUST SUBMIT ITEMS (1) THROUGH (3). SUBMISSION OF ITEM (4) to (7) IS HIGHLY

ENCOURAGED TO FACILITATE RESPONSIBILITY DETERTERMINATION AND VALIDATE

ELIGIBILITY TO RECEIVE AN AWARD.

If FAR Provision 52.229-11, ITEM (5) and completed IRS Form W-14, ITEM (6), are not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

1.10 BIDS SUBMISSION: Bids must be received at the Naval Facilities Engineering Systems Command (NAVFAC) Far East, Public Works Department (PWD) Misawa, Building 987 no later than the date and the time specified in this solicitation.

HAND DELIVERED / SUBMITTED BIDS:

Bid that are hand delivered or other means specified below shall be submitted in a sealed package, in one (1) original and one (1) copy.

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

- Bidder’s name and address

- Solicitation number(N4008423B7012)

- Date and time bids are due Any bidders who do not have gate access for Misawa Air Force Base may send their bid via base authorized courier, base authorized forwarding agent or base authorized contractor representative, to be delivered prior to the bid due date. Bids shall be sent to:

Department of the Navy Naval Facilities Engineering Command Far East (NAVFAC FE) Public Works Department (PWD) Misawa Facilities Engineering and Acquisition Division (FEAD) Attn: Ryuichi Takagi, Acquisition Branch N4008423B7012 Unit 5050, APO AP 96319-5000 Bldg. 987, Misawa Air Base, 1-chome, Hirahata, Misawa-shi, Aomori-ken, Japan 033-0012

Facsimile responses will not be considered.

1.11 AMENDMENTS: The Governments may amend this solicitation before the closing date. Any such amendments will be posted to the website https://beta.sam.gov/; hard copies of the amendment will not be mailed. It is the bidder’s responsibility to check the website periodically for any amendments. The contractor must acknowledge any and all amendments issued under this solicitation either by annotating it on the SF1442 or signing each SF30 (amendment) and submitting it with the contractor’s bid.

1.12 PRE-BID INQUIRIES: All questions must be submitted in writing and received by the Contract Specialist 10 calendar days prior to the solicitation closing date in order to permit adequate time to reply to the inquiry. There is no guarantee that questions submitted after the cut-off date will be answered before the solicitation closes. Submit all questions to Ryuichi Takagi at ryuichi.takagi.ln@us.navy.mil. Use of Pre-Bid Inquiry Form, included in Attachment (4), is required.

1.13 JOINT VENTURE (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS

(LTD), AND ETC.: Joint Ventures and Limited Liability Companies and Limited Partnerships shall submit the following additional documentation regarding their business entities with the bid:

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: A bid may be rejected if the company name identified on the bonds is different from the JV, LLC or LTD name identified on the agreement.

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

Government is entitled to an exemption from Japanese customs duties and Japanese commodity and gasoline taxes. The Contractor warrants that all taxes and customs duties pertinent to the procurement for which the U.S.

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

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

1.16 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.

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

1.18 FAR 14.407-2 APPARENT CLERICAL MISTAKES:

a. Any clerical mistake, apparent on its face in the bid, may be corrected by the contracting officer before award.

The contracting officer first shall obtain from the bidder a verification of the bid intended. Examples of apparent mistakes are –

(1) Obvious misplacement of a decimal point;

(2) Obviously incorrect discounts (for example, 1 percent 10 days, 2 percent 20 days, 5 percent 30 days);

(3) Obvious reversal of the price f.o.b. destination and price f.o.b. origin; and

(4) Obvious mistake in designation of unit.

b. Correction of the bid shall be effected by attaching the verification to the original bid and a copy of the verification to the duplicate bid. Correction shall not be made on the face of the bid; however, it shall be reflected in the award document.

c. Correction of bids submitted by electronic data interchange shall be effected by including in the electronic solicitation file the original bid, the verification request, and the bid verification.

1.19 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 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: N4008423B7012 Line 7 Name and address of the acquiring agency: NAVFAC FE, PWD Misawa City or town, state or province. Include postal code where appropriate: : Bldg. 987, Misawa Air Base, 1-chome, Hirahata, Misawa-shi, Aomori-ken, Japan 033-0012 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

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

1.21 PRE-AWARD SURVEY: FAR 9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation.

The Government may make a pre-award survey of an offeror to determine whether such offeror is qualified and capable of performing the contract. The pre-award survey will involve examination of the bidder's financial and technical status and understanding of the contract requirements.

The followings are examples of the information that, upon request, the offeror shall be required to provide in writing to the pre-award survey team. Requested information shall be forwarded within three days of request. Failure to provide requested information, or a determination, after review of the information, of the offeror’s non-responsibility, may result in rejection.

http://www.irs.gov/w14

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.

NOTICE

NOTICE

21 DEC 89

Updated 1 OCT 2015

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

OF THE FOLLOWING CONCERNING THIS SOLICITATION:

BID RIGGING

PRICE FIXING

COLLUSIVE BIDDING

BID ROTATION

OFFERING GRATUITIES

OFFERING OR RECEIVING KICK-BACKS

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

CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER OFFEROR OR

COMPETITOR.

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

OFFEROR OR COMPETITOR BEFORE BID OPENING.

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

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

RESTRICTING COMPETITION.

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

REGULATIONS AND ARE FORBIDDEN.

PENALTIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY

UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND RECOUPMENT

OF PRIOR MONIES PAID.

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

ACTS, PLEASE NOTIFY FEAD MISAWA AT TELEPHONE NUMBER 0176-57-3885.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984

52.214-34 Submission Of Offers In The English Language APR 1991 252.215-7008 Only One Offer DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of clause)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or 300,000,000 JPY, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 15 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (AUG 1996)

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

Department of the Navy

Naval Facilities Engineering Command Far East (NAVFAC FE) Public Works Department (PWD) Misawa Facilities Engineering and Acquisition Division (FEAD) Unit 5050, APO AP 96319-5000 Bldg. 987, Misawa Air Base, 1-chome, Hirahata, Misawa-shi, Aomori-ken, Japan 033-0012

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled after the pre-bid conference on --

5 Oct 23 at 09:00 AM

(c) Participants will meet at— Bldg. 987 Conference Room, PWD Misawa, Misawa AB, Japan

(d) Offerors are required to submit a Site Visit Log (Attachment 5) that indicates all the attendees with their color picture, size 1 x 1 ¼ inch and Gate pass number (if available) for the pre-quote conference and site visit by e-mail to the point of contact below no later than 2 Oct 2023, 1100 hours.

Attendees who do not possess the gate pass, you will be escorted at the main gate. In such case, you are required to annotate on the Site Visit Log.

POC: RYUICHI TAKAGI

E-mail: ryuichi.takagi.ln@us.navy.mil Telephone: Dial 0176-57-3885

Followings are considered valid personal identification to request a temporary pass:

When applying for a guest pass for a JAPANESE NATIONAL, we will only accept Government issued identification cards with a picture.

1. Driver’s License (specified legal domicile)

2. Passport

3. Resident Card with picture (My Number Card/Jumin Kihon Daicho Card)

For ALL OTHER NATIONALITIES, we will accept followings:

1. Passport

2. Alien Registration Card

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

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

Federal Acquisition Regulation (FAR):

https://www.acquisition.gov/

Defense Federal Acquisition Regulation Supplement (DFARS):

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

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

(a) Definitions.

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

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

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

(c) Procedures.

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

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and https://www.acquisition.gov/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.acq.osd.mil/asda/dpc/cp/cyber/safeguarding.html#nistSP800171 https://www.sprs.csd.disa.mil/ submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

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

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

(i) The email shall include the following information:

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

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

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

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

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

(D) Date the assessment was completed.

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

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

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

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

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

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

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

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

mailto:webptsmh@navy.mil

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

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

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

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

(3) Accessibility.

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

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

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

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

https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf

Section 00 45 00 - Representations and Certifications

SUMMARY

Complete the following Representations and Certifications of the SF 1442 and submit with bid.

Solicitation Number N4008423B7012

Contractor’s Name: _______________________________ Address: _______________________________

Unique Entity Identifier (UEI) Number: _______________________________ NCAGE (J-type): _______________________________ SAM Expiration Date: _______________________________

* Bidders are required to be registered in in the System for Award Management (SAM) at the time their bid is submitted. Bidders with no active SAM registration upon receipt of their bid may be considered ineligible for award.

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

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

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

OCT 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238290.

(2) The small business size standard is Not Applicable.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification.