N4008423R3603 RFP.pdf

SEE ADDENDUM

(No Collect Calls)

N4008423R3603 08-Mar-2023

b. TELEPHONE NUMBER

634-9629

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 10 Apr 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N400849. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NAOKO UMEMOTO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVFAC FAR EAST

FEAD OKINAWA

PSC 480 BOX PWD

FPO AP 96370-1170

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N40084 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD OKINAWA

PSC 480 BOX PWD

FPO AP 96370-1170

TEL: (315) 634-8223 FAX: (315) 634-5224

098-961-8224FAX:

TEL: COMM: 098-961-9629, 634-9629 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

562211

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF74

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N4008423R3603

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Each Base Period Recurring and Mobilization

FFP

The Contractor shall provide all labor, management, supervision, tools, material, equipment facilities, transportation, and any incidental related work for MOBILIZATION and to perform RECURRING (Firm Fixed Price) Collection, Holding, Transfer and Treatment of Black and Gray Wastewater (CHT);

Treatment and/or Disposal of Oily Waste Water (OWW); and Used Oil Fuel Recycling Services for Commander Fleet Activities, Okinawa (CFAO), Japan in accordance with the attached Performance Work Statement.

The price for this contract line item number (CLIN) is made up of all the line items being awarded for the Base Period (Recurring), and are identified in the Exhibit Line Item Numbers (ELINs) in Attachment J-0200000-08.

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.

FOB: Destination

PSC CD: S222

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Each Base Period Non-Recurring Work

FFP

The Contractor shall provide all labor, management, supervision, tools, material, equipment facilities, transportation, and any incidental related work for NON- RECURRING (Indefinite Delivery Indefinite Quantity) Collection, Holding, Transfer and Treatment of Black and Gray Wastewater (CHT); Treatment and/or Disposal of Oily Waste Water (OWW); and Used Oil Fuel Recycling Services for Commander Fleet Activities, Okinawa (CFAO), Japan in accordance with the attached Performance Work Statement.

The price for this contract line item number (CLIN) is made up of all the line items being awarded for the Base Period (Non-Recurring), and are identified in the Exhibit Line Item Numbers (ELINs) in Attachment J-0200000-08.

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.

UNIT UNIT PRICE MAX AMOUNT

0003 1 Each OPTION 1st Option Period Recurring Work

FFP

The Contractor shall provide all labor, management, supervision, tools, material, equipment facilities, transportation, and any incidental related work for RECURRING (Firm Fixed Price) Collection, Holding, Transfer and Treatment of Black and Gray Wastewater (CHT); Treatment and/or Disposal of Oily Waste Water (OWW); and Used Oil Fuel Recycling Services for Commander Fleet Activities, Okinawa (CFAO), Japan in accordance with the attached Performance Work Statement.

The price for this contract line item number (CLIN) is made up of all the line items being awarded for the 1st Option Period (Recurring), and are identified in the Exhibit Line Item Numbers (ELINs) in Attachment J-0200000-08.

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.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Each OPTION 1st Option Period Non-Recurring Work

FFP

The Contractor shall provide all labor, management, supervision, tools, material, equipment facilities, transportation, and any incidental related work for NON- RECURRING (Indefinite Delivery Indefinite Quantity) Collection, Holding, Transfer and Treatment of Black and Gray Wastewater (CHT); Treatment and/or Disposal of Oily Waste Water (OWW); and Used Oil Fuel Recycling Services for Commander Fleet Activities, Okinawa (CFAO), Japan in accordance with the attached Performance Work Statement.

The price for this contract line item number (CLIN) is made up of all the line items being awarded for the 1st Option Period (Non-Recurring), and are identified in the Exhibit Line Item Numbers (ELINs) in Attachment J-0200000-08.

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

UNIT UNIT PRICE MAX AMOUNT

0005 1 Each OPTION 2nd Option Period Recurring Work

FFP

The Contractor shall provide all labor, management, supervision, tools, material, equipment facilities, transportation, and any incidental related work for RECURRING (Firm Fixed Price) Collection, Holding, Transfer and Treatment of Black and Gray Wastewater (CHT); Treatment and/or Disposal of Oily Waste Water (OWW); and Used Oil Fuel Recycling Services for Commander Fleet Activities, Okinawa (CFAO), Japan in accordance with the attached Performance Work Statement.

The price for this contract line item number (CLIN) is made up of all the line items being awarded for the 2nd Option Period (Recurring), and are identified in the Exhibit Line Item Numbers (ELINs) in Attachment J-0200000-08.

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.

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Each OPTION 2nd Option Period Non-Recurring Work

FFP

The Contractor shall provide all labor, management, supervision, tools, material, equipment facilities, transportation, and any incidental related work for NON- RECURRING (Indefinite Delivery Indefinite Quantity) Collection, Holding, Transfer and Treatment of Black and Gray Wastewater (CHT); Treatment and/or Disposal of Oily Waste Water (OWW); and Used Oil Fuel Recycling Services for Commander Fleet Activities, Okinawa (CFAO), Japan in accordance with the attached Performance Work Statement.

The price for this contract line item number (CLIN) is made up of all the line items being awarded for the 2nd Option Period (Non-Recurring), and are identified in the Exhibit Line Item Numbers (ELINs) in Attachment J-0200000- 08.

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

UNIT UNIT PRICE MAX AMOUNT

0007 1 Each OPTION 3rd Option Period Recurring Work

FFP

The Contractor shall provide all labor, management, supervision, tools, material, equipment facilities, transportation, and any incidental related work for RECURRING (Firm Fixed Price) Collection, Holding, Transfer and Treatment of Black and Gray Wastewater (CHT); Treatment and/or Disposal of Oily Waste Water (OWW); and Used Oil Fuel Recycling Services for Commander Fleet Activities, Okinawa (CFAO), Japan in accordance with the attached Performance Work Statement.

The price for this contract line item number (CLIN) is made up of all the line items being awarded for the 3rd Option Period (Recurring), and are identified in the Exhibit Line Item Numbers (ELINs) in Attachment J-0200000-08.

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.

UNIT UNIT PRICE MAX AMOUNT

0008 UNDEFINED Each OPTION 3rd Option Period Non-Recurring Work

FFP

The Contractor shall provide all labor, management, supervision, tools, material, equipment facilities, transportation, and any incidental related work for NON- RECURRING (Indefinite Delivery Indefinite Quantity) Collection, Holding, Transfer and Treatment of Black and Gray Wastewater (CHT); Treatment and/or Disposal of Oily Waste Water (OWW); and Used Oil Fuel Recycling Services for Commander Fleet Activities, Okinawa (CFAO), Japan in accordance with the attached Performance Work Statement.

The price for this contract line item number (CLIN) is made up of all the line items being awarded for the 3rd Option Period (Non-Recurring), and are identified in the Exhibit Line Item Numbers (ELINs) in Attachment J-0200000- 08.

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

UNIT UNIT PRICE MAX AMOUNT

0009 1 Each OPTION 4th Option Period Recurring Work

FFP

The Contractor shall provide all labor, management, supervision, tools, material, equipment facilities, transportation, and any incidental related work for RECURRING (Firm Fixed Price) Collection, Holding, Transfer and Treatment of Black and Gray Wastewater (CHT); Treatment and/or Disposal of Oily Waste Water (OWW); and Used Oil Fuel Recycling Services for Commander Fleet Activities, Okinawa (CFAO), Japan in accordance with the attached Performance Work Statement.

The price for this contract line item number (CLIN) is made up of all the line items being awarded for the 4th Option Period (Recurring), and are identified in the Exhibit Line Item Numbers (ELINs) in Attachment J-0200000-08.

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.

UNIT UNIT PRICE MAX AMOUNT

0010 UNDEFINED Each OPTION 4th Option Period Non-Recurring Work

FFP

The Contractor shall provide all labor, management, supervision, tools, material, equipment facilities, transportation, and any incidental related work for NON- RECURRING (Indefinite Delivery Indefinite Quantity) Collection, Holding, Transfer and Treatment of Black and Gray Wastewater (CHT); Treatment and/or Disposal of Oily Waste Water (OWW); and Used Oil Fuel Recycling Services for Commander Fleet Activities, Okinawa (CFAO), Japan in accordance with the attached Performance Work Statement.

The price for this contract line item number (CLIN) is made up of all the line items being awarded for the 4th Option Period (Non-Recurring), and are identified in the Exhibit Line Item Numbers (ELINs) in Attachment J-0200000- 08.

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

TOTAL PRICE

TOTAL AMOUNT FOR CLINS 0001 THROUGH 0010

(Base Period through Fourth Option Period)

NTE

JPY

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 17-SEP-2023 TO

16-SEP-2024

N/A NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD OKINAWA

PSC 480 BOX PWD

FPO AP 96370-1170

(315) 634-8223

N40084

0002 POP 17-SEP-2023 TO

16-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 17-SEP-2024 TO

16-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 17-SEP-2024 TO

16-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 17-SEP-2025 TO

16-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 17-SEP-2025 TO

16-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 17-SEP-2026 TO

16-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 17-SEP-2026 TO

16-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 17-SEP-2027 TO

16-SEP-2028

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 17-SEP-2027 TO

16-SEP-2028

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2021

ADDENDUM TO 52.212-4

ADDITIONAL TERMS AND CONDITIONS CONSISTENT WITH COMMERCIAL PRACTICES THAT

APPLY TO U.S. GOVERNMENT CONTRACTS IN JAPAN

1. CORRESPONDENCE IN ENGLISH

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

2. 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.

3. AUTORIZATION TO OPERATE AND CONDUCT BUSINESS IN JAPAN

Any contract resulting from this solicitation will be awarded and performed in its entirety in the country of Japan.

Contractors must be duly authorized to operate and conduct business in Japan and must fully comply with all laws, decrees, labor standards, and regulations of Japan during the performance of the contract. Offerors will be required to provide verification on required license(s) 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.

4. STATUS OF FORCES AGREEMENT

The U.S. Government will NOT offer “United States Official Contractor” status under Article XIV of the U.S.- Japan Status of Forces Agreement (SOFA) to any offeror awarded a contract under this solicitation; nor will the U.S.

Government certify any employees of a contractor as “Members of the Civilian Component” under Article I(b) of the SOFA.

5. 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.

6. 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.

7. TAX ON CERTAIN FOREIGN PROCUREMENTS

In accordance with FAR 29.402-3, Tax on certain foreign procurements, FAR provision 52.229-11 and FAR clause 52.229-12 are included in solicitations, including solicitations using part 12 procedures for the acquisition of commercial products and commercial services. Solicitation means any request to submit offers or quotations to the Government. Acquisition means acquiring by contract, task order (TO), or delivery order (DO), supplies or services (including construction) for the use of the Federal Government. The base contract will incorporate the clause 52.229-12, if the contractor has indicated that it is a foreign person in solicitation provision 52.229-11. All TOs or DOs issued off the base contract will also incorporate the provision and clause unless one of the following exceptions applies:

(1) Acquisitions using simplified acquisition procedures that do not exceed the simplified acquisition threshold (as defined in 2.101).

(2) Emergency acquisitions using the emergency acquisition flexibilities defined in part 18.

(3) Acquisitions using the unusual and compelling urgency authority per 6.303-2.

(4) Contracts with a single individual for personal services that will not exceed the simplified acquisition threshold on an annual calendar year basis for all years of the contract.

(5) Acquisitions if the requiring activity identifies that the requirement is for certain foreign humanitarian assistance contracts which are payments made by the U.S. Government agencies pursuant to a contract with a foreign contracting party to obtain goods or services described in or authorized under 7 U.S.C. 1691, et seq., 22 U.S.C. 2151, et seq., 22 U.S.C 2601 et seq., 22 U.S.C. 5801 et seq., 22 U.S.C. 5401 et seq., 10 U.S.C. 402, 10 U.S.C. 404, 10 U.S.C. 407, 10 U.S.C. 2557, and 10 U.S.C. 2561.

Note: If any of the above exceptions apply, and the provision and clause is not incorporated into a TO or DO issued under the base contract, execution and submission of an IRS W-14 is not required under said TO or DO. *Offerors are encouraged to seek guidance from their own tax, legal, or accounting professionals for advice concerning the applicability of the provision and clause to any TO or DO’s issued under the base contract.

As stated 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.

8. INSTALLATION REGULATIONS

The Contractor shall ensure all Contractor and subcontractor employees become acquainted with and obey all Government installation regulations.

9. SECURITY REQUIREMENTS

a. The Contractor and its subcontractors shall comply with all security requirements specified in the contract as well as all activity security requirements. Upon request, the Contractor shall submit the name and address of all personnel hired for work on this contract, and questionnaires, and other forms as may be required for security clearances.

b. Contractor and subcontractor employees shall not disclose or cause to be disseminated any information concerning the operations of the activity which could result in or increase the likelihood of the possibility of a breach of the activity’s security or interrupt the continuity of its operations.

c. Disclosure of information relating to the services hereunder to any person not entitled to receive it, or failure to safeguard any classified information that may come to the attention of the contractor or any person under his control in connection with work under this contract, may subject the Contractor, his agents or employees to criminal liability under 18 U.S.C. Sec. 793, “Gathering, Transmitting, or Losing Defense Information,” 18 U.S.C. Sec. 794 “Gathering or Delivering Defense Information to Aid Foreign Government” and 18 U.S.C. Sec 798, “Disclosure of Classified Information.”

d. Deviations from or violations of any of the provisions of this contract requirement will, in addition to all other criminal and civil remedies provided by law, subject the Contractor to immediate termination for default and/or the withdrawal of the Government’s acceptance and approval of employment of the individuals involved.

10. CONTRACT GENERATED AND/OR COLLECTED INFORMATION

a. Information generated and/or collected by the Contractor in the performance of this contract, in any media (e.g.

electronic, paper, etc.), is considered to be Government owned and must be returned to the possession of the Government upon termination of the Contractor’s services or at the completion of the contract, whichever occurs first. This shall include, but is not limited to, any statements of work, performance work statements, data collected concerning facility/utility usage, data collected concerning consumption of materials and supplies, logs, and records, maintenance records, inventories, databases, Standard Operating Procedures (SOP), drawings, source code and detailed system documentation.

11. REQUIRED INSURANCE

a. Within fifteen (15) 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 amount specified below in accordance with FAR 52.228-5, Insurance – Work on a Government Installation (JAN 1997), in Section I. This insurance must be maintained during the entire performance period. Before commencing work on this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. The minimum, applicable insurance coverages in FAR 28.307 apply, as applicable, unless otherwise specified in the contract.

COVERAGE:

-Comprehensive General Liability: $500,000 / ¥50,000,000 per occurrence.

-Automobile Liability: $200,000 / ¥20,000,000 per person; $500,000 / ¥50,000,000 per occurrence for bodily injury;

$20,000/ ¥2,000,000 per occurrence for property damage.

-Workman’s Compensation: As required by Japanese Worker’s Compensation and Occupational Disease Statuses.

-Employer’s Liability Coverage: $100,000 / ¥10,000,000

- Others as required by Japanese law.

b. The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned “Insurance” clause.

12. 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.

13. 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. Such capability shall include the ability to receive, acknowledge, reply to, and send documents via electronic mail. Additionally, such capability shall not require or be contingent upon any modification or upgrade to existing Government software. The Contractor also agrees to maintain such capability notwithstanding any changes or modifications to existing Government software during the contract performance period so long as the Government provides reasonable notice and any equipment and/or software required to maintain such capability is commercially available.

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

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

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

14. AUTHORITY

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

a. The Contracting Officer shall:

(i) Determine if the proposed change in contract requirements is in-scope prior to requesting a proposal from a contractor;

(ii) Retain ultimate authority for overall administration of contracts; and

(iii) Issue the SF-30 modification.

b. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(i) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(ii) A purported modification or change order issued by anyone other than the Contracting Officer;

(iii) A promise by anyone other than the Contracting Officer to provide additional funding or make payments;

or

(iv) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(1) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(2) Expend hours in excess of a specified level of effort.

c. The Contractor is hereby put on notice that, in the event a Government employee other than the Contracting Officer, directs/requests a change in the work to be performed or the scope of the work to be performed, it is the Contractor’s responsibility to seek approval from the Contracting Officer prior to making any deviations from the contract. The Contractor will be held responsible for any unauthorized changes and any resultant changes. Payment will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

15. TECHNICAL DIRECTION

a. The Contracting Officer’s Representative (COR) for this contract will be designated upon contract award. As provided by the contract provision, “CONTRACTING OFFICER’S REPRESENTATIVE,” performance of work under this contract is subject to the written technical direction of the COR, who shall be specifically appointed by the Contracting Officer in writing. “Technical Direction” means a directive to the Contractor that approves approaches, solutions, or refinements; fills in details or otherwise completes the general description of the work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instructions to the Contractor.

b. The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction which;

1) Constitutes an assignment of additional work outside the PWS;

2) Constitutes a change as defined in the Changes clause;

3) In any manner causes an increase or decrease in the total estimated cost or the time required for contract performance;

4) Changes any of the expressed terms, conditions, or specifications of the contract;

5) Interferes with the Contractor to incur costs in excess of the estimated cost or other limitations on cost or funds set forth in this contract.

6) Authorizes the Contractor to incur costs in excess of the estimated costs or other limitations on cost or funds set forth in this contract.

c. All technical direction shall be issued in writing by the COR.

d. When, in the opinion of the Contractor, the COR or any other Government official other than the Contracting Officer, requests effort outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor under such direction until the Contracting Officer issued a modification to the contract or has otherwise resolved the issue.

16. ORAL ORDERS

The Government intends to utilize electronic contracting to the maximum extent practical. However, when time does not permit the issuance of written orders on an SF 1449 and electronic contracting is not available, the Contracting Officer may issue oral or written telecommunications orders (email). Oral or written telecommunications orders will be confirmed by issuance of a written task order on an SF 1449 as soon as practical after issuance of the oral or written telecommunications order.

17. MAXIMUM NOT TO EXCEED (NTE) AND MINIMUM GUARANTEE

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

Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee for:

CLIN 0001, Base Period – Recurring Work and Mobilization *Minimum guarantees do not apply to the option period.

18. ORDER LIMITATION CLARIFICATION

The minimum order stated in paragraph (a) of FAR 52.216-19, entitled “ORDER LIMITATIONS,” apply only to the issuance of a task order by the issuing activity using a SF1449 “Solicitation/Contract/Order for Commercial Items”. The minimum ordering limit does not apply to GPC orders.

19. IDIQ CONTRACT COMPRISED OF NON-RECURRING LINE ITEMS

a. This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract comprised of Non-Recurring Contract Line Items for the supplies or services specified, and effective for the period stated in the Schedule and any accompanying exhibits. The quantities of supplies and services specified in accompanying exhibits and the Schedule as Non-Recurring are estimates only and may be ordered by issuance of separate task order.

b. Delivery or performance shall be made only as authorized by orders issued in accordance with FAR 52.216-18.

Issuance of orders orally, by facsimile, or by electronic commerce methods (i.e., email, DoD FedMall, GCPC, Task Orders) are authorized. Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule and any accompanying exhibits up to the contract stated maximum.

c. Except for any limitations on quantities in FAR clause 52.216-19, in the Schedule, and in any accompanying exhibits, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

d. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period.

20. ORDERING OF NON-RECURRING LINE ITEMS

Non-Recurring work may be ordered at the prices offered by three ways: 1) by the issuance of a task order by the issuing activity using a SF1449 “Solicitation/Contract/Order for Commercial Items” in accordance with the Procedure for Issuing Order clause; 2) by an authorized Government user via a Government-wide Commercial Purchase Card (GCPC); or 3) by an authorized Government user via FedMall. When receiving orders against the schedule, the contractor shall provide the supplies and services at the pricing provided in the Exhibit Line Items (ELINs) (Attachment J-0200000-08) without additional markup or handling fee.

a. Task Order Issuance: Task orders issued by the issuing activity using a Standard Form (SF) 1449, will utilize the Exhibit Line Items (ELINs) (Attachment J-0200000-08) in the ordering of work. The SF1449 will reflect an order for one CLIN, the quantity ordered, a unit price of one yen, and an extended amount.

The quantity ordered and the extended amount reflected in the CLIN is the sum of the ELINs being ordered, which will be provided to the contractor as part of the task order.

b. Government Purchase Card: Non-Recurring line items may be ordered by an authorized Government user via GCPC. When receiving orders against the schedule, the contractor shall provide the supplies and services at the pricing provided in the Exhibit Line Items (ELINs) without additional markup or handling fee.

c. Contractor Support of Electronic Contracting (FedMall):

The contractor is required to offer indefinite quantity (IQ) pre-priced line item services to authorized Government personnel when they are ordering the work directly via the Governmentwide Commercial Purchase Card (GCPC) program. When receiving GCPC orders against Section B, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.

The contractor agrees to accept and process electronically submitted GCPC orders for IQ services, including those orders issued through the FedMall. The FedMall is a U.S. Government (USG) owned and operated web-based ordering system that enables any Department of Defense (DoD) or Federal activity to search for and order goods and services. Authorized GCPC users will receive approved accounts on FedMall to view and order IQ line items.

The contractor is required to receive electronic IQ orders from the FedMall using 128-bit encrypted email. The contractor agrees to purchase, install, and utilize the most recent version of PGP Personal software, or a comparable solution, for the purpose of decrypting order notification emails from the FedMall. In addition, the DoD has established the External Certification Authority (ECA) program to support the issuance of DoD-approved certificates to contractors. The ECA program is designed to provide the mechanism for contractors to securely communicate with the DoD and authenticate to DoD Information Systems. The contractor agrees to purchase, install, maintain and use a DoD-approved ECA certificate. Information on obtaining an ECA certificate can be found at https://public.cyber.mil/eca/obtain-an-eca-certificate/.

The contractor shall post updates on order delivery schedule and performance to the FedMall in a timely manner.

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

21. NON-RECURRING WORK CONTRACT LINE ITEM QUANTITIES

Once the estimated quantities for individual line items shown in the ELIN list have been ordered, additional quantities may be ordered as long as the overall Not-to-Exceed (NTE) amount of the contract is not exceeded and the contractor agrees by signing the task order, or by modification.

Any unused estimated amount under the Non-Recurring work from the current year will be carried over to the next year via issuance of a bilateral modification prior to the exercise of the next Option period, so long as the total overall NTE contract amount is not exceeded. ELIN and Sub ELIN rates for the unused capacity carried over to the next option will be consistent with the succeeding Option’s rate.

22. CONTRACTOR PERFORMANCE ASSESSMENT / EVALUATION MEETING

a. As directed by the Contracting Officer, the Contractor may be required to meet the Government’s Contracting Officer’s Representative, Performance Assessment Representative, and other contract management Representatives weekly for the entire contract performance period of the contract to discuss contract matters. Meetings will be as often as necessary at the discretion of the Contracting Officer. A mutual effort will be made to resolve all problems identified. If written minutes of a meeting are prepared by the Government, the minutes shall be signed by the Contractor’s representative and the Government’s representative. Should the Contractor not concur with the minutes, the Contractor shall state in writing to the Contracting Officer any area of disagreement within five calendar days.

b. The Government will periodically assess the Contractor’s overall performance on this contract by completing a Contractor Performance Assessment Report System (CPARS) Form. The Government may use this form to evaluate the Contractor more frequently if it becomes necessary. The Contractor will be afforded an opportunity to comment on each evaluation performed when the Government uses the CPARS form. The Contractor has 30 calendar days to submit written comments on unsatisfactory ratings.

c. The Contractor’s performance will be evaluated using the respective Contractor performance evaluation report entry system located on the website https://www.cpars.gov. Prior to commencement of work, the Contractor is required to provide the Government with the name, phone number and e-mail address of the “Contractor’s

Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the Government. It is the Contractor’s responsibility to keep this contract information current.

23. INSPECTION AND ACCEPTANCE

The performance and quality of work delivered by the contractor, including services rendered and any documentation will be evaluated in accordance with FAR 52.212-4, Contract Terms and Conditions- Commercial Items, paragraph (a) Inspection/Acceptance and contract specific performance standards. The contractor shall establish and maintain an inspection system as described in Section 0200000, Paragraph 2.6.6.2, Quality Inspection and Surveillance. Performance Assessment Representative and Contracting Officer’s Representative will be monitoring the contractor performance.

24. INVOICING INSTRUCTIONS AND PAYMENT PROCESSING

a. Invoicing. Contractor's invoice for services performed shall be submitted to the Contracting Officer or his/her representative on NAVFAC Form 7300/30. Invoices shall be submitted via the system WAWF (Wide Area Workflow) available in the PIEE (Procurement Integrated Enterprise Environment) website in accordance with the instructions in the DFARS clause 252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018).

b. Payment. Payment will be based on invoices submitted by the Contractor for satisfactorily completed work. Upon verification of the work actually performed and after receipt of required Contractor submittal, invoices will be processed for payment. The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table linked below based on the type of payment request submitted and the type of effort.

c. DFARS PGI 204.7108 Payment Instructions applies to this contract. The following is incorporated into this contract:

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions

25. PHASE OUT

The phase-out of incumbent employees will occur in conjunction with the phase-in of successor Contractor employees. The current Contractor shall cooperate with the Government during the phase-out period in accordance with FAR 52.237-3 Continuity of Services (JAN 1991).

52.203-3 Gratuities APR 1984 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.209-12 Certification Regarding Tax Matters OCT 2020 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Products and Commercial Services

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.237-3 Continuity Of Services JAN 1991 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

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 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7060 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region

DEC 2022

252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7026 Deferred Delivery Of Technical Data Or Computer Software APR 1988 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7037 Validation of Restrictive Markings on Technical Data APR 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System

AUG 2016

252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on…