N4008424R0053_Combined_Synopsis_Solicitation.pdf

Subj: REQUEST FOR PROPOSAL NO. N4008424R0053/ MAINTENANCE FOR FIRE

PROTECTION SYSTEMS, INTRUSION DETECTION SYSTEMS, AND VARIOUS ELECTRICAL AND

COMMUNICATION SYSTEMS AT NAVAL AIR FACILITY (NAF) ATSUGI

Combined Synopsis/Solicitation N4008424R0053

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is N4008424R0053and is issued as a Request for Proposal (RFP) for Maintenance for Fire Protection Systems, Intrusion Detection Systems, and Various Electrical and Communication Systems at NAF Atsugi.

It is important to note that this combined synopsis/solicitation requesting a proposal shall not be construed as obligating the Government to award a contract or authorizing work to commence and shall not serve as a basis for any future claims against the Government.

REQUIREMENT DESCRIPTION

This solicitation is a Request for Proposal (RFP) soliciting proposals to provide the commercial services detailed in the attached Performance Work Statement (PWS). The Government will evaluate proposals and award Fixed Price task orders for recurring and non-recurring work under a basic Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract for a base period of one year, and seven (7) one year option periods.

The North American Industry Classification System (NAICS) code for this procurement is 811490 Other Personal and Household Goods Repair and Maintenance. Size standard in millions of dollars: $9.0

Offerors shall enter unit prices and amounts for contract line items (CLINs), contract subline items (SLINs), and exhibit line items (ELINs) as indicated in the schedules and the accompanying exhibits, Attachment 3 Price Proposal Form.

SOLICITATION ATTACHMENTS

ATTACHMENT NO. TITLE PAGES

1 Performance Work Statement 374 2 Question & Answer Form 1 3 IDIQ Exhibit Line Item Numbers

(ELINS) Schedule

4 Corporate Experience Form 2 5 Safety Narrative Form 2 6 Past Performance Questionnaire 4

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

Attachment 1 will be made available to Offerors via approved controlled document request in Contract Opportunities (sam.gov). The point of contact for all attachments is Ms. Amanda Jo, amanda.jo.civ@us.navy.mil and Mr. Ross Yamato, ross.w.yamato.civ@us.navy.mil.

Offerors are encouraged to seek guidance from their own legal or cyber-security compliance advisors for advice concerning the 15 security controls required by FAR 52.204-21.

Additional information concerning FAR 52.204-21 is also available through the below webpage:

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

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

Section Instructions, Conditions and Notices to Bidders

CONTRACT INFORMATION

CLIN DESCRIPTION

CLIN Description QTY Unit of Measure Period of Performance* 0001 BASE PERIOD – Recurring

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2025 – 03/31/2026

0002 BASE PERIOD - Non-Recurring The contractors shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2025 – 03/31/2026

0003 1st OPTION PERIOD – Recurring The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2026 – 03/31/2027

0004 1st OPTION PERIOD - Non-Recurring The contractors shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2026 – 03/31/2027

0005 2nd OPTION PERIOD – Recurring The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2027 – 03/31/2028

0006 2nd OPTION PERIOD - Non-Recurring The contractors shall furnish all labor, equipment, materials, transportation, supervision, and any

1 Each 04/01/2027 – 03/31/2028 other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

0007 3rd OPTION PERIOD – Recurring The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2028 – 03/31/2029

0008 3rd OPTION PERIOD - Non-Recurring The contractors shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2028 – 03/31/2029

0009 4th OPTION PERIOD – Recurring The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2029 – 03/31/2030

0010 4th OPTION PERIOD - Non-Recurring The contractors shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2029 – 03/31/2030

0011 5th OPTION PERIOD – Recurring The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2030 – 03/31/2031

0012 5th OPTION PERIOD - Non-Recurring The contractors shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2030 – 03/31/2031

0013 6th OPTION PERIOD – Recurring 1 Each 04/01/2031 – 03/31/2032

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

0014 6th OPTION PERIOD - Non-Recurring The contractors shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2031 – 03/31/2032

0015 7th OPTION PERIOD – Recurring The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2032 – 03/31/2033

0016 7th OPTION PERIOD - Non-Recurring The contractors shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with attached Performance Work Statement (PWS) and the terms and conditions of this contract including the attachments or as amended.

1 Each 04/01/2032 – 03/31/2033

* Estimated dates, actual dates will be cited on contract

1. IDIQ CONTRACT COMPRISED NON-RECURRING LINE ITEMS

a. This is Indefinite Delivery/Indefinite Quantity (IDIQ) contract comprised of Recurring and 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. IDIQ work may be ordered at the prices offered by three ways: 1) by issuance of a task order by the issuing activity; 2) by an authorized Government user via a Government Commercial Purchase Card (GCPC); or 3) by an authorized Government user via FedMall. When receiving orders against the schedule, the contractor shall provide the supplies and services at the pricing provided in ATTACHMENT J-0200000-10 of the PWS without additional markup or handling fee.

i. Task Order Issuance: Task orders issued by the issuing activity, will utilize the ATTACHMENT J- 0200000-10 of the PWS in the ordering of work. The task order 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 items being ordered, which will be provided to the contractor as a part of the task order.

ii. Government Commercial Purchase Card (GCPC): 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 ATTACHMENT J-0200000-10 of the PWS without additional markup or handling fee. 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.

iii. FedMall: The contractor is required to offer IQ pre-priced line item services to authorized Government personnel when they are ordering the work directly via the GCPC program. When receiving GCPC orders, 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 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 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.

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

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.

2. ORDERING OF NON-RECURRING LINE ITEMS

The Contractor shall notify the KO upon identification that the recurring service order will exceed the specified limits of liability and provide a rough order of magnitude (ROM) estimate for the work exceeding the Contractor’s recurring work limits of liability within two hours of identification for further direction. If a non-recurring work is issued for the portion exceeding the specified recurring service order limits of liability, the Government will only pay for the portion of direct labor and direct material that exceeds the recurring service order limits.

The following are the limits of liability in accordance with the PWS:

Emergency Service Orders – 100,000 JPY Urgent Service Orders – 200,000 JPY Routine Service Orders – 300,000 JPY

Non-Recurring work may be ordered at the prices offered by the issuance of a task order by the issuing activity, through GCPC purchase, or Fedmall. 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 per year is not exceeded or 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 Option year, so long as the total estimated contract price for all years is not exceeded. ELIN and SubELIN rates for the unused capacity carried over to the next option period will be consistent with the succeeding option's rates.

3. 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”.

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

The maximum NTE value of an ordering period is the total of all unused capacity on non-recurring CLINs on this contract. Orders during an ordering period shall not be made that exceed the maximum ELIN estimated quantities, for the applicable ordering period, without the Contractor’s agreement which shall be indicated by signing or beginning performance of the order, unless otherwise authorized by the Government’s unilateral right to increase estimated line item quantities as described under “NON-RECURRING LINE ITEM QUANTITIES”.

5. NON-RECURRING WORK CONTRACT LINE ITEM QUANTITIES

The estimated line item quantities under each CLIN or ELIN for the non-recurring portion of the contract may be unilaterally increased by the Contracting Officer by one unit or 30%, whichever is greater, so long as the total estimated contract price is not exceeded. The Contractor is not obligated to furnish any additional quantity under each CLIN or ELIN line item beyond 130%. Any quantity greater than 130% of the original CLIN or ELIN may be ordered at the bid price if the Contractor agrees by signing the task order.

Any unused estimated amount under the Non-Recurring work from the current year will be carried over to the next Option year via issuance of a bilateral modification prior to the exercise of the next Option year, so long as the total estimated contract price for all years 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.

6. 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. 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.

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 www.cpars.navy.mil. 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. 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 2.6.9.2, Quality Inspection and Surveillance. Performance Assessment Representative and Contracting Officer’s Representative will be monitoring the contractor performance.

9. INSURANCE

The contractor is required to provide insurance within 15 calendar days after contract award as stated in Attachment 1, PWS, Section 0200000 – Management and Administration, Paragraph 2.3.5. The contract awardee shall furnish the Contracting Officer a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified in Attachment 1, PWS, Section 0200000 – Management and Administration, Paragraph 2.3.5.2. This insurance must be maintained during the entire performance period under this contract.

a. Comprehensive general liability: 50,000,000 yen per occurrence Certificate of Insurance shall indicate Contract Number, Contract Title, Insurance Limit, and Insurance coverage.

Certificate of insurance shall have an original signature and provide for at least 30 days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.

b. Automobile liability: 20,000,000 yen per person, 50,000,000 yen per occurrence for bodily injury, 2,000,000 yen per occurrence for property damage.

c. Workmen's compensation: As required by Japanese workers compensation and occupational disease laws.

d. Employer’s liability coverage of 10,000,000 yen.

e. Others as required by host nation law.

10. PRE-PERFORMANCE CONFERENCE

Within 30 days of contract award, prior to commencement of the work, the Contractor will meet in conference with representatives of the Contracting Officer, at a time to be determined by the Contracting Officer, to discuss and develop mutual understanding relative to scheduling and administering work.

11. GOVERNMENT REPRESENTATIVES

The contract will be administered by an authorized representative of the Contracting Officer. In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. The authorized representative as indicated hereinafter:

___X___The Contracting Officer’s Representative (COR) will be designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

______The designated Contract Specialist will be the Administrative Contracting Officer's representative on all other contract administrative matters. The Contract Specialist should be contacted regarding all matters pertaining to the contract or task/delivery orders.

_______The designated Property Administrator is the Administrative Contracting Officer's representative on property matters. The Property Administrator should be contacted regarding all matters pertaining to property administration.

12. AUTHORITY

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. 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:

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

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

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

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

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

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

13. 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 (rev NOV 2010).

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. Submit invoices; refer to 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023), unless payment has been established as GCPC in which case the identified card holder will be contacted for payment information.

14. DFARS PGI PAYMENT INSTRUCTIONS

Payments shall be made in accordance with the Payment Instructions table at DFARS PGI 204.7018 (b)(2). A link to the table is provided below:

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

JAPAN SPECIFIC REQUIREMENTS

1. AUTHORIZATION 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 may be required to provided verification of any 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. In the case of a Joint Venture, at least one of the joint venture entities must possess and provide verification of such license(s) prior to award.

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.

2. CUSTOMS AND TAX EXEMPTION

In accordance with the Status of Forces Agreement, the U.S. Government is entitled to an exemption from Japanese customs duties and Japanese commodity and gasoline taxes. The Contractor warrants that all taxes and customs duties pertinent to the procurement for which the U.S. Government is exempt have been excluded from the contract price. The Contractor is required to submit a request in writing to the Contracting Officer for issuance of an import or tax exemption certificate, as appropriate, relieving the Contractor from such customs duties or taxes.

3. CONSUMPTION TAX EXEMPTION

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 Consumption Tax on the following transactions upon appropriate certification:

(1) 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;

(2) Goods and services purchased in Japan, by persons, including corporations, who are designated by the USG in accordance with the provisions of paragraphs 1 and 2, Article XIV of the SOFA (Article XIV Contractors), solely for the purpose of performing the business of construction, maintenance or operation under the contract for construction, etc., for use by the U. S. Armed Forces, or film and gasoline purchased in Japan by Article XIV Contractors solely for the business activities described above.

(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 give 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) By the submission of their offer, the offeror certifies that Japanese consumption tax is not part of the bid 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 a handbook that may be obtained from the Procuring Contracting Office.

4. WAIVER OF DEFENSE BASE ACT

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.

5. FAR PROVISION 52.229 AND FAR CLAUSE 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons.

It implements the Department of the Treasury final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign entities pursuant to certain contracts.

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

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

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

Line 6 Contract / reference number:

N4008422R0051 Line 7 Name and address of the acquiring agency:

Naval Facilities Engineering Systems Command (NAVFAC) Far East City or town, state or province. Include postal code where appropriate Country (do not abbreviate) Bldg. 1828, 1F, Tomari-cho Yokosuka, Kanagawa, 238-0001 Japan

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

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

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

ADDENDA TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS

1. TIME FOR RECEIPT OF PROPOSALS

a. Offerors shall comply with this “Instructions to Offerors”, “Solicitation/Contract/Order for Commercial Items (Standard Form 1449)” and “Evaluation Factors for Award” in the preparation of Proposals. Offerors must thoroughly and fully review the solicitation and its attachments.

b. Non-price and price proposals shall be submitted in accordance with the “Evaluation Factors for Award” no later than the date and time provided in Block 8 of the Standard Form 1449 (unless revised by a formal amendment), “Solicitation/Contract/Order for Commercial Items” Form. Offerors are requested to hold proposed prices for 120 days after the date specified for receipt of proposals.

c. All proposals (with all required supporting documentation) shall be electronically submitted through the Department of Defense (DoD) Solicitation Module in the Procurement Integrated Enterprise Environment (PIEE) so that they are received prior to the time set for proposal closing date stated in this RFP in order to be considered for award. Hard copy proposals will not be accepted.

Proposal Submission using Solicitation Module in PIEE

Proposals shall be submitted in English in Adobe PDF form (*.pdf) via Solicitation Module in PIEE.

In order to submit a proposal through the Solicitation Module in PIEE, you must have an active Proposal Manager role in PIEE at https://piee.eb.mil/.

To upload the proposal in Solicitation module in PIEE:

1. Ensure you have an active role as with the Proposal 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 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 to the solicitation.

10. Select the applicable CAGE Code for which you are submitting the offer. The list is prefiltered based on the

CAGEs in the Proposal Manager’s profile.

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

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 a success message of the submission will be displayed providing confirmation of on-time/late proposal receipt.

For addition information on PIEE Vendor Access Instructions or PIEE Solicitation Module Frequently Asked Questions visit:

https://dodprocurementtoolbox.com/site-pages/solicitation-module

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

Offerors are responsible for submitting files in the format specified consistent with requirements stated elsewhere in this solicitation. 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) so that the files are accessible on Government share drives. 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.

2. PRE-PROPOSAL CONFERENCE/SITE VISIT

Pre-Proposal Conference will be held on Wednesday 09 October 2024 at 09:00 AM Japan Standard Time (JST).

The conference will be held virtually via MS Teams, and the Government will go over the solicitation and Performance Work Statement. Please send email to Ms. Amanda Jo at amanda.jo.civ@us.navy.mil a list of attendees, their email, and what company they are representing by Friday 04 October 2024 by 14:00 PM JST.

All questions must submitted via the Pre-Proposal Inquiry Form, any question not submitted appropriately will not be answered.

The Government does not anticipate providing a site visit at this time.

3. QUESTIONS/PRE-PROPOSAL INQUIRIES

All questions concerning this solicitation shall be addressed to Ms. Amanda Jo, via email at amanda.jo.civ@us.navy.mil, by 15 October 2024 at 14:00 PM JST. Responses to inquiries will be provided in the form of an Amendment and posted to the website https://www.beta.sam.gov/. The Government may not respond to inquiries submitted after the inquiry submission cut-off date. All inquiries shall be submitted using Attachment 2 Pre-Proposal Inquiry Form.

4. AMENDMENTS AND NOTICES TO THE SOLICITATION

Amendments and notices will be posted to the website https://www.beta.sam.gov/. It is the offeror’s responsibility to check the website periodically for any amendments to the solicitation. Please note that notices do not change the solicitation. Changes to the solicitation can only be made by the issuance of amendments.

5. SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

6. PROPOSAL CURRENCY

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

7. SYSTEM FOR AWARD MANAGEMENT (SAM)

All offerors (i.e., whether individually or as a joint venture, etc.) responding to this solicitation must be registered and have an active status in the System for Award Management (SAM) database at the time an offer is submitted to be eligible for award. For more information please go to https://www.sam.gov, or by calling 866-606-8220 or 334- 206-7828 for international call and complete the provisions associated with the annual representations and certifications identified in the Federal Acquisition Regulation (FAR) Subpart 4.1202 and Defense FAR Supplement (DFARS) Subpart 204.1202.

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

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

A contract cannot be awarded to a contractor not registered in SAM with ACTIVE status. Remember to review the NAICS codes listed in your record and make sure that you have listed the NAICS code for this procurement.

8. REPRESENTATION & CERTIFICATION

Offerors shall have an active registration and active Representations and Certifications in the System for Award (SAM): https://www.sam.gov/SAM/

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

PUBLICATION (SP) 800-171 DOD ASSESSMENT REQUIREMENTS

The following provision and clause are applicable to this acquisition-- DFARS 252.204-7019 (Notice of

NIST SP 800-171 DoD Assessment Requirements) and 252.204-7020 (NIST SP 800-171 DoD Assessment

Requirements).

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

For this solicitation, a minimum Confidence Level assessment of “Basic” as identified in the NIST SP

800-171 Assessment Report within the SPRS is required to be considered for award.

The Basic, Medium and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171

DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_8

00-171.html

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

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

NOTE: The Government will not extend or delay the procurement for pending Contractor NIST SP

800-171 assessments.

10. INCURRED EXPENSES

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

11. INCORPORATION OF PROPOSAL

The Contractor’s proposal, including revisions and amendments, made prior to contract award and a copy of which is in the possession of both parties, shall be incorporated into this contract upon award by reference with the same force and effect as if set forth in full text. In the event of any inconsistency between the provisions of this contract and the proposal, the inconsistency shall be resolved by giving precedence in the following order: (i) the contract (excluding the technical proposal) and then (ii) the proposal.

12. NO ALTERNATE OR MULTIPLE PROPOSALS

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

13. JOINT VENTURE (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS

(LTD), ETC.

Joint Ventures and Limited Liability Companies and Limited Partnerships shall submit the following additional documentation regarding their business entities with the offer:

a. A copy of the JV, LLC or LTD agreement.

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

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

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

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

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

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

NOTE: An offer may be rejected if the company name identified on the submittals and any bonds or guarantees is different from the JV, LLC or LTD name identified on the agreement.

14. RESPONSIBILITY DETERMINATION / PRE-AWARD SURVEY

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

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

The following are examples of the information that, upon request, the offeror shall be required to provide in writing to the pre-award survey team. Requested information shall be forwarded within three (3) days upon request or as indicated on the letter from the Contracting Officer. Failure to provide requested information, or a determination, after review of the information, of the Offeror's non-responsibility, may result in rejection.

a. Identification of the Contractor's personnel and management to be used on this contract.

b. The Contractor's technical and management plans for performing required services.

c. Description of Contractor's facilities and equipment.

d. Summary of the Contractor's experience in performing work of the type required by this specification.

e. Current financial statements and data.

f. Other work presently under contract.

g. Prior contracts for similar work, and the names and addresses of individuals with the organization issuing the contract who ma y be contacted for information concerning the Contractor's performance.

h. Contractor Quality Control plan for this contract.

NOTICE

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

FOLLOWING CONCERNING THIS SOLICITATION/CONTRACT:

BID RIGGING

PRICE FIXING

COLLUSIVE BIDDING

BID ROTATION OFFERING

GRATUTIES 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 COMPETITOR BEFORE BID OPENING.

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

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

RESTRICTING COMPETITION.

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

REGULATIONS AND ARE FORBIDDEN.

PENAL TIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY

UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND RECOUPMENT OF

PRIOR MONIES PAID.

EVALUATION FACTORS FOR AWARD

A. BASIS FOR AWARD

This procurement will use the LPTA source selection process. The Government intends to award this contract to the Lowest Price Technically Acceptable offeror that conforms to the solicitation without discussions. The Government reserves the right to negotiate with offerors determined to be within the competitive range, if the Contracting Officer determines it to be necessary.

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

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

3. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

4. An overall non-price factors rating must be at least “ACCEPTABLE” in order to be…