AMD 2_23R3600.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

N40084-23-R-3600 Operation and Maintenance (O&M) Contract for the Wastew ater Treatment Plant (WWTP) at White Beach, Okinaw a, Japan.

The detail of the amendment is continued on page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 21

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

16C. DATE SIGNED

BY 26-Jan-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 N4008423R3600

X 9B. DATED (SEE ITEM 11)

08-Dec-2022

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 X is extended, 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 1 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

26-Jan-2023

CODE

NAVFAC FAR EAST

FEAD OKINAWA

PSC 480 BOX PWD

FPO AP 96370-1170

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4008423R3600

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:

AMENDMENT 2

Purpose of this amendment is as follows:

1. Provide Government response to RFI.

2. Update Addenda to FAR 52.212-1 to remove the local source restriction language and correct the pre-award debriefing language.

3. Update Addenda to FAR 52.212-2 to update the Evaluation Factors language and add provisions.

4. Update Addenda to FAR 52.212-4 to add and update clauses.

5. Update description of Non-Recurring CLIN for each period.

6. Extend the proposal due date/time to 7 Feb 2023, 10:00 A.M.

Attachments to Amendment 0002:

1. Government Response to RFI.

2. Copy of General Waste Treatment Facility Installation Permit.

3. Photos of inside and outside the facility.

4. Photos of connector and hoses for CHT service.

The following have been modified:

AMENDMENT 1

1. The purpose of this amendment is to change offer due date and time from 10:00 AM 12 Jan 2023 to 10:00 AM 30 Jan 2023.

2. All other terms and conditions of this RFP remain the same.

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 30-Jan-2023 10:00 AM to 07-Feb-2023 10:00 AM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0002

The CLIN extended description has changed from:

OPERATION AND MAINTENANCE (O&M) CONTRACT FOR THE WASTEWATER TREATMENT PLANT

(WWTP) AT WHITE BEACH, OKINAWA, JAPAN.This Line Item amount is the Total for the Base Period of NON-RECURRING Items (ELIN A700 through A709 in the Performance Work Statement Attachment J-0200000- 14 ELINs).Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.

To:

(WWTP) AT WHITE BEACH, OKINAWA, JAPAN.This Line Item NTE amount is the Total for the Base Period of NON-RECURRING Items (ELIN A700 through A709 in the Performance Work Statement Attachment J- 0200000-14 ELINs).Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.

The cost constraint NTE has been added.

CLIN 0004

OPERATION AND MAINTENANCE (O&M) CONTRACT FOR THE WASTEWATER TREATMENT PLANT

(WWTP) AT WHITE BEACH, OKINAWA, JAPAN.This Line Item amount is the Total for the 1st Option Period of NON-RECURRING Items (ELIN B700 through B709 in the Performance Work Statement Attachment J- 0200000-14 ELINs).Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.

(WWTP) AT WHITE BEACH, OKINAWA, JAPAN.This Line Item NTE amount is the Total for the 1st Option Period of NON-RECURRING Items (ELIN B700 through B709 in the Performance Work Statement Attachment J- 0200000-14 ELINs).Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.

CLIN 0006

OPERATION AND MAINTENANCE (O&M) CONTRACT FOR THE WASTEWATER TREATMENT PLANT

(WWTP) AT WHITE BEACH, OKINAWA, JAPAN.This Line Item amount is the Total for the 2nd Option Period of NON-RECURRING Items (ELIN C700 through C709 in the Performance Work Statement Attachment J- 0200000-14 ELINs).Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this

CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for

(WWTP) AT WHITE BEACH, OKINAWA, JAPAN.This Line Item NTE amount is the Total for the 2nd Option Period of NON-RECURRING Items (ELIN C700 through C709 in the Performance Work Statement Attachment J- 0200000-14 ELINs).Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.

CLIN 0008

OPERATION AND MAINTENANCE (O&M) CONTRACT FOR THE WASTEWATER TREATMENT PLANT

(WWTP) AT WHITE BEACH, OKINAWA, JAPAN.This Line Item amount is the Total for the 3rd Option Period of NON-RECURRING Items (ELIN D700 through D709 in the Performance Work Statement Attachment J- 0200000-14 ELINs).Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for

(WWTP) AT WHITE BEACH, OKINAWA, JAPAN.This Line Item NTE amount is the Total for the 3rd Option Period of NON-RECURRING Items (ELIN D700 through D709 in the Performance Work Statement Attachment J- 0200000-14 ELINs).Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.

CLIN 0010

OPERATION AND MAINTENANCE (O&M) CONTRACT FOR THE WASTEWATER TREATMENT PLANT

(WWTP) AT WHITE BEACH, OKINAWA, JAPAN.This Line Item amount is the Total for the 4th Option Period of NON-RECURRING Items (ELIN E700 through E709 in the Performance Work Statement Attachment J- 0200000-14 ELINs).Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for

(WWTP) AT WHITE BEACH, OKINAWA, JAPAN.This Line Item NTE amount is the Total for the 4th Option Period of NON-RECURRING Items (ELIN E700 through E709 in the Performance Work Statement Attachment J- 0200000-14 ELINs).Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.

The following have been added by reference:

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

252.204-7000 Disclosure Of Information OCT 2016 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.227-7015 Technical Data--Commercial Items DEC 2022 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System

AUG 2016

252.246-7008 Sources of Electronic Parts MAY 2018

The following have been added by full text:

252.225-7059 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR

AUTONOMOUS REGION - CERTIFICATION (DEC 2022)

(a) Definitions. Forced labor, person, and XUAR, as used in this provision, have the meaning given in the 252.225- 7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region, clause of this solicitation.

(b) Prohibition. DoD may not knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of any forced labor programs, as specified in paragraph (b) of the 252.225-7060, Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region, clause of this solicitation.

(c) Certification.

(1) The Offeror does [ ] does not [ ] certify that the Offeror has made a good faith effort to determine that forced labor from XUAR was not or will not be used in the performance of a contract resulting from this solicitation.

(2) Offerors who do not certify having made a good faith effort will not be eligible for award.

(End of provision)

252.225-7060 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR

AUTONOMOUS REGION (DEC 2022)

(a) Definitions. As used in this clause-- Forced Labor means all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer themselves voluntarily.

Person means--

(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or

(2) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraph (1) of this definition.

XUAR means the Xinjiang Uyghur Autonomous Region of the People's Republic of China.

(b) Prohibition. The Contractor shall not provide any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of any forced labor programs throughout the entire period of performance of the contract.

(c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), without alteration other than to identify the appropriate parties, in subcontracts including subcontracts for commercial items and commercially available off-the-shelf items.

(End of clause)

The following have been modified:

ADDENDA TO 52.212-1

FAR provision 52.229-11 and FAR clause 52.229-12

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

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

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

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

Line 6 Contract / reference number: N4008423R3600 Line 7 Name and address of the acquiring agency:

Naval Facilities Engineering Command (NAVFAC) Far East, FEAD/Public Works Department Okinawa, City or town, state or province. Include postal code where appropriate Country (do not abbreviate) Bldg#3573, Kadena Air Base, Mizugama, Kadena, Okinawa 904-0200 Japan

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

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

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

LOCAL SOURCE RESTRICTIONS - DELETED

INQUIRIES REGARDING THE SOLICITATION

All questions concerning this solicitation shall be addressed in writing and submitted using Question & Answer Form (Attachment 5) by email to NAVFAC Far East, FEAD/PWD Okinawa, Ms. Yukiko Shimabukuro, via email at yukiko.shimabukuro3.ln@us.navy.mil and Mr. Berchan Torrejon at berchan.a.torrejon.civ@us.navy.mil no later than 10:00 am, 22 December 2022, Japan Standard Time (JST). Questions submitted after that time may not be answered. Responses to inquiries will be provided in the form of an Amendment and posted to the website, beta SAM at https://sam.gov/. The Government may not respond to inquiries submitted after the due date and hours.

AMENDMENTS AND NOTICES TO THE SOLICITATION

Amendments and notices will be posted to the website https://sam.gov/. It is the offeror’s responsibility to check the website periodically for any 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.

The contractor must acknowledge any and all amendments issued under this solicitation by signing each SF30 (amendment) and submitting it with the contractor’s proposal.

PROPOSAL CURRENCY

Proposals shall be priced only in Japanese Yen. Proposals not priced in Japanese yen shall be deemed nonresponsive, and will not be eligible for award.

Offerors are requested to hold proposed prices for 120 days after the date specified for receipt of proposals.

SYSTEM FOR AWARD MANAGEMENT (SAM)

All offerors (i.e. whether individually or as a joint venture, etc.) responding to this solicitation must be registered in the System for Award Management (SAM) database at https://sam.gov/ prior to the closing date for receipt of proposals to be eligible for award. Contractors may obtain information on registration and annual confirmation requirements via the SAM website accessed via https://sam.gov/content/entity-registration or by calling 866-606- 8220 or 334-206-7828 for international calls and should 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 shall be considered ineligible for award.

SITE VISIT

Site visit is available upon request.

(1) All potential offerors who wish to attend the site visit shall submit Attachment (6) site visit request no later than 12 December 2022 at 10:00 AM via email to Ms. Yukiko Shimabukuro, yukiko.shimabukuro3.ln@us.navy.mil.

The Government Point of Contact for the Site Visit is as follows:

Mr. Masaki Owan, Performance Assessment Representative, PWD Okinawa, 098-961-5978 (on base 632-5978) / Cell Phone 090-9789-9718, email: masaki.owan.ln@us.navy.mil and Mr. Albert Taira, Performance Assessment Representative, PWD Okinawa, 098-961-8289 (on base 634-8289) / Cell Phone 090-9789-9713, email: alberto.taira.ln@us.navy.mil.

(2) Individuals are required to have a Base Pass for the event. Individuals without a Base Pass will be escorted by Government personnel.

* * * Due to limited escorting capabilities, a maximum of two (2) company representatives will be allowed.

Only one vehicle per company is authorized. All attendees must possess photo identification (i.e. passport or driver’s license) on the day of the site visit.

Those participants who will need an escort 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 Jyumin Hyo with permanent address (Honseki chi) or Kisai-Inji-Hyo issued by Japanese Police Stations.

SOLICITATION SUBMITTAL REQUIREMENTS

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

Offerors shall submit proposals electronically (via email or DoD SAFE) in an Adobe Portable Document Format (PDF) and Microsoft Excel format (for ELINs).

The response shall consist of two (2) separate parts:

Part I – Price Proposal Part II - Technical Proposal

POC

Submit proposals to the following points of contact (POC):

Contracting Specialist: Ms. Yukiko Shimabukuro, yukiko.shimabukuro3.ln@us.navy.mil, 098-961-0690 Contracting Officer: Mr. Berchan Torrejon, berchan.a.torrejon.civ@us.navy.mil, 098-961-1672

The subject of the email shall include: “N4008423R3600 O & M for WWTP at WBH”. Emails must be less than 10MB in order to be received. Emails larger than 10MB may risk not getting received and therefore should be submitted via DoD SAFE.

DoD SAFE Submit proposals to the POC listed above via DoD SAFE (https://safe.apps.mil). The Offeror shall provide a single POC (name, email address, and telephone number) for submitting the proposal via DoD SAFE and shall notify the POC/Contract Specialist above at least 5 calendar days prior to the solicitation due date. The Government will send a DoD SAFE invitation email for use in submitting your proposal within 3 calendar days prior to the due date.

The POC/Contract Specialist will acknowledge all electronic submissions within two business days. If the Offeror submits their proposal less than two business days prior to the due date, the Offeror is highly encouraged to follow up with the POC/Contract Specialist via email and/or telephone. If the Offeror does not receive an email confirmation of receipt from the POC/Contract Specialist, the proposal has not been received.

If the Offeror does not receive an email confirmation of receipt from the POC/Contract Specialist, it is the Offeror’s responsibility to follow up with the POC/Contract Specialist via email and/or telephone with sufficient time prior to the due date in order to ensure the proposal has been received and/or re-transmit the offer to the POC/Contract Specialist via email.

All correspondence should be in English. Any proposal that is delivered by means other than the above will be unacceptable and will not be considered for award.

INCURRED EXPENSES

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

CONTRACT AWARD

The Government intends to evaluate proposals and award without discussions. However, the Government reserves the right to conduct discussions if it is determined by the Contracting officer to be necessary. Therefore, each initial offer should contain the best items from a technical, cost and price standpoint.

LATE SUBMISSION

Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals to reach the Government office designated in the solicitation by the time specified in the solicitation. Any offer, modification, revision, or withdrawal of an offer not received at the Government office after the time specified for receipt of offers is “late” and may not be considered.

DEBRIEFING

Offerors excluded from the competition before award may request a debriefing, before award (10 U.S.C. 3305 and 41 U.S.C. 3705). The Offeror may request a pre-award debriefing by submitting a written request for debriefing to the Contracting Officer within three (3) days after receipt of the notice of exclusion from the competition.

POST-AWARD DEBRIEFING OF OFFERORS

An Offeror, upon its written request received by the agency within 3 days after the date on which that Offeror has received notification of contract award in accordance with 15.503(b), shall be debriefed and furnished the basis for the selection decision and contract award.

INSURANCE

Minimum Requirements:

Within fifteen calendar days after award of this contract, the Contractor shall furnish the Contracting Officer a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified. This insurance must be maintained during the entire performance period.

Certificate of Insurance:

The Certificate of Insurance shall provide for 30 calendar days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Minimum Insurance Amounts The Contractor shall procure and maintain, during the entire period of performance under this contract, the following minimum insurance coverage:

(1) Automobile Liability: JPY20,000,000per person, JPY50,000,000 per occurrence, JPY2,000,000 per occurrence for property damage.

(2) Workers' Compensation: As required by Japanese workers' compensation and occupational disease statutes.

(3) Other as required by Japanese law.

Above insurance coverage are to extend to Contractor personnel operating Government owned equipment and vehicles.

26 OCT 09

NOTICE

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

OF THE FOLLOWING CONCERNING THIS SOLICITATION:

BID RIGGING

PRICE FIXING

COLLUSIVE BIDDING

BID ROTATION

OFFERING GRATUITIES

OFFERING OR RECEIVING KICK-BACKS

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

CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER OFFEROR OR

COMPETITOR.

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

OFFEROR OR COMPETITOR BEFORE BID OPENING.

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

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

RESTRICTING COMPETITION.

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

REGULATIONS AND ARE FORBIDDEN.

PENALTIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY

UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND RECOUPMENT

OF PRIOR MONIES PAID.

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

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

ADDENDA TO 52.212-2

BASIS OF EVALUATION

1. The Lowest Price Technically Acceptable (LPTA) process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

2. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with offerors in the competitive range; and to award the contract to the offeror submitting the lowest price technically acceptable offer.

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

4. An overall technical rating must be at least “ACCEPTABLE” in order to be eligible for award. An “UNACCEPTABLE” rating in any one factor shall result in the overall technical proposal being rated “UNACCEPTABLE”, unless corrected through discussions. An overall technical rating of “UNACCEPTABLE” shall deem a proposal ineligible for award.

EVALUATION FACTORS FOR AWARD

The solicitation requires the evaluation of price and the following technical factors:

Factor 1 – Corporate Experience Factor 2 – Safety Factor 3 – Past Performance

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

BASIS OF EVALUATION

Part I – Price Proposal:

(1) Solicitation Submittal Requirements:

• Standard Form (SF) 1449: Offeror shall complete blocks 17a, 17b (if applicable), 30a, 30b, and 30c;

Contract Line Item Numbers (CLINs) 0001 through 0010; and all Representations and Certifications.

Prices shall be submitted in Japanese Yen only.

• Copies of all amendments (if applicable) properly acknowledged.

• Completed Exhibit Line Item Number (ELIN) worksheet Attachment J-0200000-14 in Microsoft Excel format to support the amounts specified for each CLIN in the SF 1449 document. DO NOT DELETE OR

ADD ANY COLUMNS OR ROWS TO THE PROVIDED ELIN WORKSHEET.

Although not part of the price evaluation, Offerors shall also include the following items if applicable with their price proposal to assist the Government in validating eligibility to receive an award:

• A copy of current SAM.gov registration.

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

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

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

• Completed Representation and Certification: Offerors shall submit a conformed copy of their

Representations/Certifications from the System for Award Management (SAM).

• A copy of a Joint Venture (JV) Agreement, Partnership Agreement and /or Teaming Agreement (if applicable). The JV of Partnership must be registered in the SAM database as the JV or Partnership.

Failure to submit the Joint Venture Agreement, Partnership Agreement or Teaming Agreement may result in the Offeror’s proposal being rejected as non-responsible.

• Financial Capability: Offerors shall provide evidence of financial capability. In accordance with FAR

9.104-1 responsibility determination, a contractor must have adequate financial resources to perform the contract. Offerors shall submit the company’s latest 3-year complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable or at least by an authorized officer of the organization. In addition to the above, submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, discuss the financial responsibilities among the companies and if the Joint Venture has been in existence for less than three years, also provide the latest three years complete fiscal year financial statements for each member of the Joint Venture.

• A copy of business registration as well as all applicable permits and licenses in accordance with the PWS to perform maintenance work in Japan/Okinawa prefecture.

"Permits and Licenses" should include all city, municipal, and prefectural permits and authorizations. The Government’s review of the Offeror’s permits and licenses will be considered as part of the responsibility determination in order to ensure the offeror is duly authorized to operate and conduct business in Japan/Okinawa Prefecture.

• Executed FAR Provision 52.229-11, Section K.

• Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement

Payments, if applicable. 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.

(2) Basis of Evaluation: The Government will evaluate price based on the total price. Total price consists of the base period and all option periods. The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in the solicitation. In accordance with FAR 52.217-5, Evaluation of Options will not obligate the Government to exercise the option(s). Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the RFP.

(ii) Comparison of proposed prices with the IGCE.

(iii) Comparison of proposed prices with available historical information.

(iv) Comparison of market survey results

Part II Non-Price (Technical) Proposal:

(1) Factor 1, Corporate Experience

(a) Solicitation Submittal Requirements:

Offerors shall submit a minimum of one (1) to a maximum of three (3) contracts performed that are relevant to work requirements specified in the solicitation, using the attached Experience Project Data Sheet (Attachment 3).

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

• Scope: A contract that demonstrates experience in wastewater treatment;

• Magnitude: A contract with an annual value of Japan ¥30,000,000/ US $300,000.00 or greater;

• Recency: A contract or task order with at least 1 year of completion within the past ten (10) years from the date of issuance of this solicitation.

Offerors shall submit no more than three (3) projects. If more than the maximum number of projects is submitted, the Government will only evaluate the most recent projects up to the maximum number authorized in the solicitation, excess will not be evaluated.

The attached Offeror Experience Project Data Sheet (Attachment 3) is mandatory and shall be used to submit for each contract information. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each contract data sheet shall not exceed 1 double-sided or 2 single-sided pages. Any data submitted in excess of the 1 double-sided page or 2 single-sided pages will not be considered/evaluated.

For all submitted contracts, the description of the contract shall clearly describe the scope of work performed and the relevancy to the contract requirements as described above.

Joint Ventures: If the Offeror is a JV, relevant contract experience should be submitted for contract(s) completed by the JV entity. If the JV does not have shared experience, at least 1 relevant contract shall be submitted from at least one JV partner. Offerors are still limited to a total of 3 contracts combined.

Where an Offeror was part of a JV and would like to submit a contract completed by that JV as a single entity to show the single entity's experience/capability, the Offeror must clearly describe the percentage of work performed by each firm in the JV and the single entity Offeror must provide a detailed description of the work the Offeror self-performed.

Affiliates, Subsidiaries, Predecessor companies, and Subcontractors: Offerors may also include non-shared past experience information regarding predecessor companies, and subcontractors that will perform major or critical aspects of the requirement, provided that the Offeror submits at least 1 other relevant contract that is self-performed by the Offeror itself. If an Offeror is utilizing experience information of affiliates/ subsidiaries/ parent/ LLC/ LTD member companies, predecessor companies, or subcontractors (i.e. any office(s) of the Offeror other than the one submitting the current proposal as stated on the SF33), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent/predecessor firm or subcontractors will have meaningful involvement in the performance of the contract in order for the experience information of the affiliate/ subsidiary/ parent/ LLC/ LTD/ predecessor member companies or subcontractors to be considered. The proposal shall state specific commitments of technical resources (e.g. personnel, equipment) that the affiliate/ subsidiary/ parent/ LLC/ LTD/ predecessor member companies or subcontractor commit to the performance of this contract. In particular, the proposal will clearly state the specific commitments of resources of the affiliate/ subsidiary/ parent/ LLC/ LTD/ predecessor companies or subcontractor that will be located at the worksites and company offices in the city/area of the contract. The proposal shall also describe specific roles of the affiliate/subsidiary/ parent/ LLC/ LTD/ predecessor member companies or subcontractors in terms of the work it will either self-perform or manage on behalf of the Offeror in performance of the contract.

(b) Basis of Evaluation: The Government is seeking to determine whether the Offeror has demonstrated relevant experience as defined in the Solicitation Submittal requirements for Factor 1 Corporate Experience.

An Offeror will be rated “Acceptable” if an Offeror’s submittal contains a minimum of 1 contract that meets the definition of a relevant contract as defined in the solicitation submittal requirements (For JV Offerors, a minimum of 1 relevant contract completed by the JV entity or a minimum of 1 relevant contract from at least one JV partner. For Offerors submitting a relevant contract performed by an affiliate, subsidiary, predecessor company, or subcontractor, a minimum of 1 other relevant contract self-performed by the Offeror itself).

An Offeror will be rated “Unacceptable” if it fails to meet the requirements to be rated acceptable described above.

A proposal receiving an “Unacceptable” evaluation rating for Factor 1 Corporate Experience will be ineligible for award.

(2) Factor 2, Safety

Offerors shall submit a narrative of no more than 2 single-sided (1 double-sided) pages that demonstrates its commitment to safely accomplishing the work requirements identified in the PWS and that it plans to properly manage and implement safety procedures and accident prevention methods for itself and its subcontracts. The narrative should describe each of the following Factor 2 requirements in the order described below:

• Methodology and criteria for selecting subcontractors to ensure safety performance;

• Safety Management System that will be used to oversee the safety compliance and performance of its employees’ and subcontractor(s)’ work;

• Methodology for accident prevention techniques and processes, and reporting of unsafe conditions and unsafe activities.

(b) Basis of Evaluation: The Government is seeking to determine whether the information contained in the Offeror’s proposal demonstrates a commitment to safety and that the Offeror plans to properly manage and implement safety procedures and accident prevention methods for its employees and subcontractor(s).

An Offeror will be rated “Acceptable” if it submits a narrative that demonstrates its commitment to safely accomplishing the work requirements identified in the PWS and that it plans to properly manage and implement safety procedures and accident prevention methods for itself and its subcontractors.

An Offeror will be rated “Unacceptable” if it fails to meet the requirements to be rated acceptable described above.

A proposal receiving an “Unacceptable” evaluation rating for Factor 2 Safety will be ineligible for award.

(3) Factor 3, Past Performance

Offerors shall submit past performance information for each contract included in its proposal for Factor 1, Corporate Experience.

IF A COMPLETED CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS) EVALUATION IS AVAILABLE, IT SHALL BE SUBMITTED WITH THE PROPOSAL. IF THERE IS NOT A COMPLETED CPARS EVALUATION, the Past Performance Questionnaire (PPQ) included in the solicitation as Attachment 4 is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 1, Corporate Experience. AN OFFEROR SHALL NOT SUBMIT A

PPQ WHEN A COMPLETED CPARS IS AVAILABLE.

IF A CPARS EVALUATION IS NOT AVAILABLE, ensure correct phone numbers and email addresses are provided for the client point of contact on the PPQ. Completed PPQs should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment 4), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the

Government's point of contact, Ms. Yukiko Shimabukuro, via email at yukiko.shimabukuro3.ln@us.navy.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Also include performance recognition documents received within the last 10 years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

In addition to the above, the Government may review past performance information obtained from any other sources available, to include, but not limited to, CPARS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officer, and Fee Determining Officials.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

A copy of the blank Past Performance Questionnaire to be used for requesting client references is included in Attachment 4.

(b) Basis of Evaluation:

The degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g. CPARS, FAPIIS, eSRS, performance recognition documents, and information obtained for any other source) reflect a trend of satisfactory performance considering:

- A pattern of successful completion of tasks;

- A pattern of deliverables that are timely and of good quality;

- A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.);

- Tasks that are identical to, similar to, or related to the task at hand.

An offeror will be rated “Acceptable” if based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.).

An Offeror will be rated “Unacceptable” if based on the offeror’s performance record, the Government does not have reasonable expectation that the offeror will be able to successfully perform the required effort. A proposal receiving an “Unacceptable” evaluation rating for Factor 3 Past Performance will be ineligible for award.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability a neutral rating shall be considered “acceptable.”

ADDENDA TO FAR 52.212-4

ADDITIONAL TERMS AND CONDITIONS CONSISTENT WITH COMMERCIAL PRACTICES THAT

APPLY TO U.S. GOVERNMENT CONTRACTS IN JAPAN

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.

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.

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 "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.

(End of NAVFAC Language)

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.

PAPERLESS CONTRACTING

a. 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.

b. 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.