Combo RFQ N4008424Q3602.pdf

NAVFAC FAR EAST N4008424Q3602

PUBLIC WORKS DEPARTMENT (PWD) OKINAWA CHT/OWW Services at CFAO

COMBINED SYNOPSIS/SOLICITATION

Request for Quote (RFQ) # N4008424Q3602

Collection, Holding, Transfer (CHT) and Treatment of Black and Gray Wastewater at

Anchorage; Treatment and/or Disposal of Oily Waste Water (OWW) Services for Commander Fleet Activities, Okinawa, Japan

GENERAL INFORMATION

RFQ Issue Date: 9 May 2024

RFQ Response Due Date/Time: Monday, 10 June 2024 at 1000 hours Japan Standard Time (JST)

Point of Contact (POC):

Primary: Ms. Naoko Umemoto, Purchasing & Contract Specialist Email: naoko.umemoto.ln@us.navy.mil Tel: 098-961-9629

Secondary: Mr. Berchan A. Torrejon, Contracting Officer Email: berchan.a.torrejon.civ@us.navy.mil Tel: 098-961-1672

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This solicitation is being issued as a Request for Quotation

(RFQ).

This solicitation and incorporated provisions and clauses are those in effect through:

Federal Acquisition Circular (FAC) 2024-05 Defense FAR Supplement (DFARS) Publication Notice 20240425 Navy/Marine Corps Acquisition Regulation Supplement (NMCARS) 18-24

The associated Product/Service Code for this requirement is S222 – Housekeeping – Waste Treatment/Storage.

The associated North American Industrial Classification System (NAICS) code is 562211 – Hazardous Waste Treatment and Disposal. This RFQ is being conducted using full and open competition. There are no socio-economic set-asides and small business size standards are not applicable to this acquisition.

Work Requirements: The Contractor shall furnish all labor, supervision, management, tools, materials and equipment to provide CHT (at anchorage) and OWW services generated from ships (to include small crafts or submarines) IAW Japan Environmental Governing Standards (JEGS), applicable Japanese laws and regulations, and installation procedures under a performance-based Indefinite Delivery Indefinite Quantity (IDIQ) contract.

See Attachment (1) Performance Work Statement (PWS) for full details.

Place of Performance: White Beach Naval Facility, Tengan Pier and Naha Military Port, Okinawa, Japan.

Period of Performance (POP): The anticipated POP for the resulting contract will include an initial base ordering period from 30 Sep 2024 through 29 Sep 2025, and four 1-year option periods.

Contract Line Item Number (CLIN)

Description Quantity Unit of

Measure

0001 Base Period IDIQ/Non-Recurring Work 1 Job 0002 1st Option Period IDIQ/Non-Recurring Work 1 Job 0003 2nd Option Period IDIQ/Non-Recurring Work 1 Job 0004 3rd Option Period IDIQ/Non-Recurring Work 1 Job 0005 4th Option Period IDIQ/Non-Recurring Work 1 Job

INSTRUCTIONS TO QUOTERS

FAR provision 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, applies to this acquisition to include the following addenda:

1. Offerors shall review all information contained in this RFQ and all attachments.

2. SYSTEM FOR AWARD MANAGEMENT REGISTRATION: All offerors are required to be registered in SAM at https://www.sam.gov at the time their quotation is submitted. Offerors with no active SAM registration upon receipt of their quotation shall be considered ineligible for award. A contract cannot be awarded to a contractor unless registered in SAM with ACTIVE status. Remember to review the NAICS codes listed in your record and make sure that you have listed the NAICS Code for this procurement.

3. 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 quotation, Attachment (7) U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, also available via the internet at www.irs.gov/w14. If not submitted with the quotation, 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: N4008424Q3602 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):

Bldg#3573, Kadena Air Base, Mizugama, Kadena, Okinawa 904-0200

Country (do not abbreviate): Japan

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

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

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

4. SITE VISIT:

Date and Time: 17 May 2024, 10:00 JST Location: Navy Pier, White Beach (meet at White Beach Main Gate)

All interested parties who wish to attend the site visit shall fill out and submit Attachment (5) Site Visit Request Form, and enclose the necessary documents* via email to Ms. Naoko Umemoto no later than 13 May 2024, 10:00 JST. Site visit attendance is not mandatory and not a pre-requisite for submission of a quotation.

*For those who need escort: Individuals without a Base Pass will be escorted by the Government personnel.

Please Meet at Main Gate of White Beach to get pass at 09:30 JST.

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.

5. INQUIRIES REGARDING THE SOLICITATION: All inquiries concerning this solicitation shall be made in writing using Attachment (6) Question Form and submitted to the POCs via email no later than 22 May 2024, 10:00 JST. Questions submitted after this date may risk not receiving a response. Correspondence shall be in English ONLY IAW DFARS 252.225-7041 Correspondence in English. Responses to inquiries will be provided in the form of an Amendment and posted to the website https://www.sam.gov.

6. AMENDMENTS AND NOTICES TO THE SOLICITATION: Amendments and notices will be posted to the website https://www.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 officially by the issuance of amendments. The offeror must acknowledge any and all amendments issued under this solicitation by signing the SF30 form and submitting it with the offeror’s quotation.

7. RESPONSIBILITY DETERMINATION

FAR 9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. This is notice that the Contracting Officer may request Offerors to submit the following information for review and determination prior to award:

(a) Proof of the Offeror's ability to legitimately conduct business in Japan. This requirement may be satisfied by an Offeror (or one of a firm's Joint Venture partners) having the Japanese registration entitled "Kaisha Tokibo Tohhon". An Offeror must provide the registration number, associated dates, and the issuing organization in order to be eligible for award.

(b) Proof of the Offeror’s ability to obtain the required permits and licenses in accordance with the PWS.

(c) Company financial statement (balance sheets and income statements) for the past three years.

(d) Financial resources available to perform the contract. Submit evidence of availability of working/operating capital that will be used for the performance of the contract. If the Offeror plans to rely on financial support from other sources, identify the maximum lines of credit that will be available to include documentation to support the amounts. The maximum lines of credit should be based upon the inclusion of this contract effort. For joint ventures discuss the financial responsibilities among the companies and provide the same information for each partner.

7. SOLICITATION SUBMITTAL REQUIREMENTS: Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

Failure to comply with the terms and conditions of the solicitation may result in an Offeror being ineligible for award. Quotations must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

QUOTATION CURRENCY: Quotations shall be priced only in Japanese Yen. Quotations not priced in Japanese Yen shall be deemed nonresponsive and will not be eligible for award.

PERIOD OF ACCEPTANCE OF QUOTATIONS: The Offeror agrees to hold the prices in its quotation firm for 90 days from the RFQ due date.

Offerors shall submit the following documents in response to this RFQ:

a. Vendor Information – submit a letter with the following information:

Company Name Address Vendor Point of Contact Name/Title Phone Number Email address Unique Entity ID Number CAGE/NCAGE Code Payment Discount Terms (optional) Tax ID number Quote Date

b. Price Quotation – completed Attachment (2) J-0200000-08 ELIN Schedule of Prices;

c. Past Performance Records (CPARS records and/or (Attachment (3) Past Performance Questionnaire(s));

d. Copies of all RFQ Amendments properly acknowledged;

e. Completed Attachment (4) Representations and Certifications;

f. Completed Attachment (7) IRS Form W-14 (if applicable);

g. A copy of a Joint Venture (JV) Agreement, Partnership Agreement and /or Teaming Agreement (if applicable).

h. A copy of business registration as well as all applicable permits and licenses in accordance with the PWS that it currently possesses to perform the required 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 as well as the local prefecture/municipality/city.

i. 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 (Kessan Hohkoku Sho) 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 Joint Venture partner.

Offerors shall submit quotations electronically (via email or through the Department of Defense (DOD) Procurement Integrated Enterprise Environment (PIEE) – Solicitation Module) in an Adobe Portable Document Format (PDF) and Microsoft Excel format (for ELINs). Offerors should mark all electronic files with the solicitation number and should keep the file name as short as possible (i.e., under 40 characters). Files with longer names may become corrupt or inaccessible. Files that cannot be opened, or are otherwise missing the required content are the responsibility of Offerors.

It is an Offeror’s responsibility, when transmitting its quotation electronically, to ensure the quotation’s timely delivery by transmitting the quotation sufficiently in advance of the time set for receipt of quotations to allow for timely receipt by the Government no later than the date and time stated in the solicitation. Offerors shall allow adequate time to upload files, which may be slower for non-DoD users, and to avoid other technical difficulties that may be encountered. An Offeror risks the late receipt and rejection of a quotation where it delays transmitting its quotation until the last few minutes before the time set for receipt of quotations. It is the responsibility of the Offeror to confirm receipt of quotations. Quotations that are received after the stated date and time in the solicitation shall be treated as late submissions and will be processed in accordance with FAR provision 52.212-1.

Quotation Submission via Email:

Submit quotations to the POCs listed in this RFQ. The subject of the email shall include: “N4008424Q3602 CHT and OWW Service for CFAO”. 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 PIEE Solicitation Module.

Quotation Submission using the PIEE Solicitation Module:

In order to submit a quotation through the Solicitation Module in PIEE, you must be registered and have an active “Quotation Manager” role in PIEE at https://piee.eb.mil/.

To upload the quotation in Solicitation module in PIEE:

1. Ensure you have an active role as with the Quotation Manager in PIEE.

2. Log into PIEE at https://piee.eb.mil/ to access the Solicitation Module or go directly to the

Solicitation Module at the following link: https://piee.eb.mil/sol/xhtml/unauth/index.xhtml.

3. Select Solicitation icon.

4. At the Home screen of the Solicitation Module, select the Search link to find the solicitation you intend to post an offer/quotation against.

5. In the Solicitation Search Criteria filter by entering the complete solicitation number and for

Status, select Open, then click Search.

6. When search results display, select the solicitation number link to open the solicitation.

7. The solicitation displays, with information as view only.

8. To post the offer, click the Offer tab.

9. Click the Add button to add an offer/quotation to the solicitation.

10. Select the applicable CAGE Code for which you are submitting the offer/quotation. The list is pre-filtered based on the CAGE code(s) in the Quotation Manager’s profile.

11. Click on the Choose Files link to upload attachments that comprise your offer/quotation.

12. Enter Signature Date and click Signature button after entering all necessary information.

13. Sign Document pop-up will be displayed requiring the user to enter a Digital Pin and OTP. Click the Sign and Submit button to continue.

14. After successfully adding the Offer/quotation a success message of the submission will be displayed providing confirmation of on-time/late quotation receipt.

For additional information on PIEE Vendor Access Instructions or PIEE Solicitation Module Frequently Asked Questions visit: https://dodprocurementtoolbox.com/site-pages/solicitation-module https://dodprocurementtoolbox.com/cms/sites/default/files/resources/202302/Vendor%20Solicitation%20M odule%20Instructions.pdf

For additional instructions on how to post an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf

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

8. AUTHORIZATION TO OPERATE AND CONDUCT BUSINESS IN JAPAN: The clause DFARS 252.225-7042 applies to this acquisition. Any contract resulting from this solicitation will be awarded and performed in its entirety in the country of Japan. Offerors 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 permit(s)/license(s) within 90 days of award of any contract to the contracting officer if such information is not already on file with or available to the contracting officer.

9. BONDING REQUIREMENTS: Performance bonds and offer guarantees are NOT APPLICABLE to this solicitation.

10. CONTRACTOR TEAM ARRANGEMENTS (FAR 9.6): Offerors who are Joint Ventures or intending to partner/subcontract shall submit the following additional documentation regarding their business entities with the quotation:

a. A copy of the Partnership/Subcontract or JV agreement; and,

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

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

2) The management approach, structure and decision-making responsibilities of the partners/parties in terms of who will conduct, direct supervise, and control the manner and method of performance of work; and

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

c. A list of partners/parties, to include company name, Unique Entity ID and CAGE numbers, address, point of contact, e-mail address, phone number and facsimile number.

NOTE: The JV must be actively registered in the System for Award Management (SAM) database as the JV entity itself.

11. INCURRED EXPENSES

By submitting a quotation, the Offeror understands that the Government is not responsible for any costs incurred associated with the preparation and submission of a quotation in response to this solicitation.

12. NOTICE

12 Dec 89 Updated 26 Oct 09

NOTICE

UNITED STATES LAWS AND REGULATIONS PROHIBIT YOU FROM PARTICIPATING IN ANY OF

THE FOLLOWING CONCERNING THIS SOLICITATION:

BID RIGGING

PRICE FIXING

COLLUSIVE BIDDING

BID ROTATION

OFFERING GRATUITIES

OFFERING OR RECEIVING KICK-BACKS

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

CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER OFFEROR OR

COMPETITOR.

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

OFFEROR OR COMPETITTOR BEFORE BID OPENING.

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

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

RESTRICTING COMPETITION.

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

REGULATIONS AND ARE FORBBIDDEN.

PENALTIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY

UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND RECUPMENT

OF PRIOR MONIES PAID.

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

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

注意

この⼊札に関連して次のいずれかに関与したら、合衆国の法律、規則等により違法になります。不正⼿段による⼊札 値段の不正取り決め共謀⼊札

⼊札の回し取り謝礼をすることリベートの授受

⼊札の値段はほかの⼊札者や競争相⼿との協議、意思伝達または同意によってではなく独⾃に⾒積もった値段でな ければならない。貴⽅の⼊札は開札前に他の⼊札者や競争相⼿に直接または間接的に⾒せてはいけない。

尚、貴⽅が他の会社に、あるいは他の会社が貴⽅に競争相⼿を制限する⽬的⼊札をする様にまたは⼊札しない様 に説き勧めることは、これまた違法である。全ての上記の⾏為は、合衆国の法律、規則等のもとでは不正な⾏為であ り、禁じられている。処罰は、合衆国政府機関の関連事業からの除外⼜は停⽌、契約の取り消し、そして⽀払い⾦ の償還も含まれる。

もし貴⽅が他の会社から上記のいずれかの違法⾏為に関わりあうことになる様な申し込みをされたら、NAVFAC FAR

EAST 電話

046-816-4092 まで御通報ください。

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.217-5 Evaluation of Options JUL 1990 52.233-2 Service of Protest SEP 2006 52.237-1 Site Visit APR 1984 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7042 Authorization to Perform APR 2003

SOLICITATION PROVISIONS INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price (FFP), Single Award, Indefinite Delivery / Indefinite Quantity (IDIQ) comprised of Non-Recurring Contract Line Item contract resulting from this solicitation.

(End of provision)

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

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

Federal Acquisition Regulation (FAR):

https://www.acquisition.gov/browse/index/far

Defense Federal Acquisition Regulation Supplement (DFARS):

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

DFARS Deviations:

https://www.acq.osd.mil/dpap/dars/class_deviations.html

(End of provision)

END OF ADDENDA TO FAR 52.212-1

EVALUATION OF QUOTATIONS

FAR Provision 52.212-2, Evaluation-Commercial Products and Commercial Services, applies to this acquisition to include the following addenda:

This acquisition is being conducted according to FAR Part 13 and FAR Subpart 13.5. The terms and processes used in this acquisition are not subject to the definitions nor processes found in FAR Subpart 15.3, even if defined or described in FAR Part 15. Reference to offers, offerors, or proposals in this acquisition shall be read as quotations, vendors, quoters, or quotes. Any clerical errors in this solicitation, to include the attachments, that use the source selection nomenclature in FAR Part 15 shall be read and interpreted in a manner consistent with FAR Part 13. Examples of nomenclature found in FAR Part 15 include: Request for Proposals (RFP), Debriefing, Discussions, Clarifications, etc. Unless otherwise defined in this solicitation, or in the specific FAR Part being referenced, definitions of words retain their definition under FAR Subpart 2.101, unless no definition is provided, in which the common dictionary meaning shall be used IAW FAR 1.108(a).

Simplified Acquisition Procedures will be used IAW FAR 13.5 in soliciting, evaluating and awarding this requirement. The Government intends to award a Firm-Fixed-Price (FFP) IDIQ contract resulting from this solicitation to the responsible quoter whose quote provides the best value to the Government, IAW FAR 13.106 and FAR 2.101. The use of FAR 15.3 and DoD Source Selection Procedures are not applicable to this acquisition, or any award resulting from this solicitation.

Offerors are advised that their quotation may exceed the requirements but the Government is not requesting or accepting alternate quotes, and each response must respond to the solicitation requirement stated in the RFQ. The Government intends to evaluate quotes and issue a contract based on the initial quotes received. Therefore, the Offeror’s initial quote should contain their best terms from a pricing standpoint. The Government reserves the right to conduct a comparative evaluation of quotes and to request revised quotes from, or negotiate final terms with, one or more, but not all, Offerors if later determined by the Contracting Officer to be necessary. However, the Contracting Officer will not establish a competitive range, conduct discussion, or otherwise use the procedures described at FAR Subpart 15.306.

1. BASIS FOR CONTRACT AWARD:

The following factor(s) shall be used to evaluate quotes: Price and Past Performance. Award will be made based on the lowest total evaluated price quote with a record of satisfactory past performance representing the best value.

A. Factor 1 – PRICE

Completeness: Quotations will be screened to ensure they are complete, and all required information and pricing is present. This will be performed quickly and in the most minimally burdensome fashion as determined by the Contracting Officer.

Price Reasonableness: The proposed prices will be evaluated for reasonableness. Reasonableness must represent a price to the Government a prudent person would pay in the conduct of competitive business.

Normally, price reasonableness is based on competitive quotations, as outlined in FAR 13.106-3(a)(1), but price reasonableness may also be determined based on the techniques described in FAR 13.106.

Total Evaluated Price: The Government will evaluate quotations based on the total evaluated price submitted in the quote, which includes the total CLIN/ELIN pricing for the base period and all option periods listed in Attachment (2) J-0200000-08 ELIN Schedule of Prices. The total quoted price for all options will be added to the total price for the basic requirement as a part of the total evaluated price calculation.

Evaluation of options shall not obligate the Government to exercise the option(s).

B. Factor 2 – PAST PERFORMANCE Past performance evaluations may be based on one or more of the following:

- The contracting officer’s knowledge of and previous experience with the supply or service being acquired;

- Customer surveys and past performance questionnaire replies;

- The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov, or

- Any other reasonable basis.

The Government will evaluate past performance based on the degree to which past performance evaluations and all other past performance information reviewed by the Government 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.

IAW FAR 13.106-2, the creation or existence of a formal database will not be used in evaluating past performance.

NOTE: 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. Offerors with a validated record of past performance relevant to the work requirements as outlined in Attachment 1 PWS will be considered more favorably when compared to those without.

IF A COMPLETED CPARS EVALUATION IS AVAILABLE, IT SHALL BE SUBMITTED WITH THE

QUOTATION. IF THERE IS NOT A COMPLETED CPARS EVALUATION, Attachment (3) Past Performance Questionnaire (PPQ) is provided for the offeror or its team members to submit to their client for each relevant contracts completed. 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 quotation. If the offeror is unable to obtain a completed PPQ from a client for a contract(s) before quotation closing date, the offeror should complete and submit with the quotation the first page of the PPQ (Attachment 4), which will provide contract and client information for the respective contract(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 POC, Ms. Naoko Umemoto, via email at naoko.umemoto.ln@us.navy.mil prior to the RFQ closing date. Offerors shall not incorporate by reference into their quotation 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.

END OF ADDENDA TO FAR 52.212-2

REPRESENTATIONS AND CERTIFICATIONS

FAR Provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its Alternate I, applies to this acquisition to include the following addenda:

See Attachment (4) for complete Representations and Certifications provisions. Offerors are advised to include a completed copy of the provisions with its quotation.

CONTRACT TERMS AND CONDITIONS

FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition to include the following addenda:

1. 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.

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. 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, statutes, regulations, or other agreements. In case of any technical difficulties precluding the use of electronic communications, both the Government and the Contractor agree to work in good faith to resolve any such difficulties.

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.

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.

U.S.-JAPAN STATUS OF FORCES AGREEMENT

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

2. 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 clause 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.

3. 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 http://iase.disa.mil/pki/eca/Pages/certificate.aspx.

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.

4. 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.

5. 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 CLIN. 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.

Concurrently with the award of the basic contract, the Government intends to issue task orders to obligate the contract minimum guarantee in the total amount of JPY 20,000,000.

6. 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 contract modification, 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.

7. 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.

8. INSPECTION/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 Products and Commercial Services, paragraph (a) Inspection/Acceptance and contract specific performance standards. The contractor shall establish and maintain an inspection system as described in PWS Section 0200000, Paragraph 2.6.8.2, Quality Inspection and Surveillance. The assigned Performance Assessment Representative and Contracting Officer’s Representative will be monitoring the contractor’s performance.

9. 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 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.

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

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition DEC 2023 52.227-14 Rights in Data—General MAY 2014 52.228-3 Workers’ Compensation Insurance (Defense Base Act) JUL 2014 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 52.233-1 Disputes MAY 2014 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.242-15 Stop-Work Order AUG 1989 52.252-6 Authorized Deviations In Clauses NOV 2020 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor

Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013)

MAY 2024

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

JAN 2023

252.2…