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This document is an amendment to a federal indefinite delivery/indefinite quantity multiple award construction contract solicitation. The solicitation is for small-scale design-bid-build construction projects at Marine Corps Base Camp Butler and Commander Fleet Activities Okinawa in Japan. The amendment extends the proposal due date to March 15, 2024 and provides responses to pre-bid questions from offerors. It incorporates changes to specifications and drawings, adds required clauses addressing prohibited Russian fossil fuel business, and makes minor revisions to evaluation criteria.

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR SMALL MAGNITUDE SIZE DEISGN-BID-BUILD (DBB) PROJECTS FOR THE MARINE CORPS BASE (MCB) CAMP BUTLER AND COMMANDER FLEET ACTIVITIES

OKINAWA (CFAO), JAPAN

See Continuation Page for more details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 22

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

16C. DATE SIGNED

BY 22-Feb-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N4008424R0066

X 9B. DATED (SEE ITEM 11)

26-Jan-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

22-Feb-2024

CODE

NAVFAC FAR EAST

CORE EXECUTION TEAM

PSC 473 BOX 13

FPO AP 96349-0013

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4008424R0066

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

The following have been added by full text:

AMENDMENT 0003

1. The purpose of this amendment is to accomplish the following:

a. Incorporate Government responses to pre-bid inquiries (#7-#39, #50, #51 and #53) as shown below. A total of Forty-two (42) questions have been answered to date.

Question No.

Date Received

REFERENCE

QUESTION

GOVERNMENT

RESPONSE Page Section Para.

7 2/8/2024 P7 H Para. 1,5

It will take 2

~3months for the SAM registration as JV. Can Government consider to extend the closing date for receipt of proposal? See Q&A #6

8 2/13/2024 Page 6

SOLICITATION

00 10 00 E

Should only the Offeror that was awarded the seed project submit a performance bond?

Or are all Offerors required to submit a performance bond?

Only the Offeror awarded the seed project must submit a performance bond.

9 2/13/2024 Page 4 of 12 Seed Project Scope of Work

Par 4 A

Is there a selected area to provide temporary hot water generator tank?

The selection of the temporary tank installation area will be discussed and approved at the pre‐ construction meeting.

10 2/13/2024 Page 4 of 12 Seed Project Scope of Work

Par 4 A

Can we provide pre‐ fabricated shed instead of a concrete shed?

The Shed is not required.

Use barricades.

Please see attached DOW ROC. Para.VI. 4. I.

11 2/13/2024 Page 4 of 12 Seed Project Scope of Work

Par 4 A‐H

Can we reuse the valves and fitting used for the temporary hot water tank?

No, do not reuse valves and fittings. All valves and fittings shall be new in accordance with specification (DOW ROC.

Para. VI. 2. R.).

12 2/13/2024 Page 4 of 12 Seed Project Scope of Work

Par 2F

Is testing the temporary hot water tank required or only for the new tank?

Yes, the testing is required for only new hot water tank.

Please see DOW ROC. Para.

VII. 6.

13 2/14/2024

N/A

N/A N/A

Can As‐Built Dwgs for Seed project be provided?

Yes. See attached As‐Built Drawings.

14 2/14/2024

Seed spec 4page 4 B

Can we use an existing tank as a temporary tank? Also, can I use the newly installed tank as a temporary tank?

No. Cannot use existing and new tank for temporary tank, this will create hot water outage for long time.

15 2/14/2024

Seed spec 4page 4 B

The fire protection system for B3425 will be shut down for one month due to the replacement of the fire pipe. Is this acceptable?

No. In accordance with DOW ROC. Para. VII. 7. The fire protection system shutdown may not exceed 8 working hours per day.

16 2/14/2024

Seed spec 4page 4 B

If a fire occurs while the fire pipe is being replaced, the contractor will not be responsible, but is that okay?

Yes, however, prospective contractor shall contact fire department and facility maintenance and FEAD before piping work.

17 2/14/2024

Seed spec 4page 4 B

The air conditioning and heating for B3425 will be shut down for about one month due to the replacement of the chilled water pipe. Is this acceptable?

No. It is not an acceptable shut down for one month of the air conditioning system except A/C off‐season.

18 2/14/2024

Seed spec 4page 4 B

Are pressure and flow tests required when replacing a fire line? Is FPE presence and approval required?

Only pressure test is required. FEAD and facility maintenance will be presence for inspection.

19 2/14/2024

I don't have electricity as‐ built, so I can't give you an estimate.

Please send as‐built.

See attached As‐Built Drawings.

20 2/14/2024

The estimated cost will vary depending on where the government chooses to install the temporary tank.

Please specify the location where the

The selection of the temporary tank installation area will be located near the mechanical room.

temporary tank will be installed.

21 2/14/2024 Amend 002, Page 16 Section O.

Para.

3,(b))1)

Do you consider project experience that has been 90% completed recently as a completed project experience?

Please advise.

No, it will not be considered as completed project if it is not 100%. It must be 100% completed.

22 2/14/2024 Attach 3, Seed Project Page 4 Section VI Para. 4.B & C.

Temporary removal and reinstallation of existing fire protection sprinkler piping and A/C water chiller piping may require complete shutdown of the two system (Sprinkler system & chiller piping system). How long do you consider shutting it down when the replacement of hot water generator tank take place? Please provide As‐ Builts.

We consider will be 8 working hours per day to each two system.

However, the air conditioning system can be shut down during the A/C off‐season.

Please see DOW ROC. Para.

VII. 7 and 8.

See attached As‐Built drawings.

23 2/14/2024 Seed project Spec 3 VI

3. B. &

C.

It is stated in these paragraphs that "All electrical wiring and Junction boxes shall meet the requirements of current US standard.

(NEMA)".

Are the materials that meet Japanese manufacturer 's recommenda tion acceptable?

Please confirm.

電気配線や

ジャンクシ

ョンボック

スは最近の

NEMA規格に

合うものと

なっていま

すが、日本

メーカーの

推奨する材

料でもOKで

しょうか?

No. All electrical wiring and junction boxes shall meet the NEMA standards.

24 2/14/2024 Seed project Spec 4 VI 4. A.

To provide temporary hot water generator tank at during construction is requested.

Although the existing tank has been expired since last October.

Can the existing tank to be removed be used as a temporary tank?

既設温水発

生タンクは

昨年10月

に失効した

と思います

が、既設品

撤去後それ

を仮設タン

クとして使

用可能でし

ょうか?

No. Cannot use existing tank for temporary tank, this will create hot water outage for long time. See DOW ROC.

Para. VII. 9.

25 2/14/2024 Seed project Spec 4 VII 6

Per this para, pressure test for new hot water generator tank is needed. And the US Boiler Inspector prior to final inspection is also requested.

Concerning US Boiler Inspector, is he or she is provided by

US

Government at the site? If "No", Can a Japanese CP (Competent Person) substitute him/her, instead IAW manufacturer s recommende d inspection procedures?

タンクの耐

圧試験につ

いてです

が、最終検

査前にUS

Boiler

Inspectorが

立ち会うこ

とと明記さ

れています

が、この米

国ボイラー

検査官は米

軍殿側でご

用意いただ

けるものな

のでしょう

か? もし

Yes, the US Government Boiler inspector will perform inspection before final inspection.

"No"であれ

ば同等の日

本規格に基

づく有資格

者(CP)がメー

カー推奨の

検査手順で

実施しても

よろしいで

しょうか?

26 2/14/2024 Seed Project General

Are insulation material and racking cover for temporary hot water generator tank and temporary piping be needed?

仮設温水生

成タンクや

仮設配管に

断熱材やラ

ックカバー

を施す必要

Yes, install insulation materials on temporary hot water generator tank and temporary piping. However, not required install racking cover.

Please see DOW ROC. Para.

VI. 4. A.

があります

か?

27 2/14/2024 Seed Project General

Is it okay for temporary piping to penetrate the existing building (concrete wall)?

仮設配管は

既設建物

(壁コンク

リート部

分)を貫通

してもよろ

しいでしょ

うか?

No. Recommend provide temporary plywood door or wall on the existing door and penetrate temporary piping instead of penetration on the concrete wall. This is a means and methods type of thing that the construction contractor should decide."

28 2/14/2024 Seed Project Page 4 of 12 PWS 4

When replacing the

HW

generator tank, the sprinkler and A/C chilled water piping shall be temporarily removed.

Are there any requirements about the sprinkler & A/C system outage? We suppose that total 3 times system outage will be required (3 days per each time) Same response, see #22.

29 2/14/2024 Seed Project Page 4 of 12 PWS 4

When restoring the sprinkler and chilled water piping, is it okay to use flange connections?

Yes, it is okay. However, the sprinkler and chilled water piping connection points (flange and victaulic joints) shall be existing connection points. Please see DOW ROC. Para. VI. 4. B&C.

30 2/14/2024 Seed Project Page 4 of 12 PWS 4

Should KTR install heat insulation materials on the piping connected to temporary tank as well as new piping?

Yes, heat insulation materials install to temporary tank and new piping.

Please see DOW. Para. VI. 2.

F. and VI. 4. A.

31 2/14/2024 Seed Project Page 4 of 12 PWS 4

During the temporary tank will be installed, is it necessary to provide a temporary barricade to enclose the tank surrounding area securely?

Yes, it is necessary to provide a temporary barricade (fence type or equal).

Please see DOW. Para. VI. 4.

I.

32 2/14/2024 Seed Project Page 4 of 12 PWS 4

During the temporary tank will be installed, the entrance door next to roll-up door will NOT be available. Is it acceptable?

Yes, it is acceptable.

2/15/2024

WO#1706624

VI, 3. B.

It says, "All electrical wiring shall be in rigid steel or flexible conduit meet to current US standard

(NEMA)."

However, regarding the conduits, please consider the to use Japan‐ made conduits which complies to JIS and used as an equivalent to US products as it is more economical.

Please indicate JIS for conduits in the Specifications

No. Please see response #23.

2/15/2024

WO#1706624

VI, 3. C.

It says, "Junction boxes (or enclosure) located indoor shall be meet to current US standard

(NEMA)"

However, regarding the Junction boxes, please consider the to use Japan‐ made Junction boxes which complies to JIS and used as an equivalent to US products as it is more economical.

Please

No. Please see response #23.

indicate JIS for Junction boxes in the Specifications

2/15/2024

Attach 3, Seed Project Page 4 Section VII Para. 6.

Paragraph stated "This will be inspected by the US Boiler Inspector prior to final inspection", we assume that the Government US Boiler Inspector will be the one who will inspect it.

Please clarify.

Please see response #25.

2/16/2024 Attch_3_Seed+Project+Specification.pdf , Page 2

Description of Work

VI. It states "If the Contractor identifies suspected ACM or LBP, the Contractor shall be responsible for testing the material and, if positive, abating and disposing of all hazardous material at no additional cost to the government".

Since the Contractor cannot test the suspected materials at this time, and it is impossible to determine if the suspected materials, such as gaskets, pipe insulations and paints, are ACM/LBP until the materials are sampled and tested, shouldn't the cost of abatement be covered in a post‐award contract modification after they are positively

Contractor to take suspected ACM/ LBP testing and to provide ACM/ LBP abatement in bid cost as required.

identified as

ACM/LBP?

2/16/2024 Attch_3_Seed+Project+Specification.pdf , Page 4

Description of Work

VI., 4.A. Can the existing hot water storage tank be used as a temporary hot water storage tank?

The hot water will be unavailable for 56 hours when making a temporary connection.

Will this be acceptable?

Do not use existing tank for temporary tank, this will create hot water outage for long time.

2/16/2024 Attch_3_Seed+Project+Specification.pdf , Page 4

Description of Work

VI., 4.B. The existing fire protection sprinkler will be shut down for eight hours during the the removal of the existing hot water storage tank and for eight hours during the installation of the new hot water storage tank. Will this be acceptable?

Yes, this is acceptable.

2/16/2024 Attch_3_Seed+Project+Specification.pdf , Page 4

Description of Work

VI., 4.C. Will the fire protection sprinkler system be required to be inspected by the Fire Protection Engineer after the reinstallation of the sprinkler piping?

No. Not required, however, shall be need pressure/leak check by the government fire department and facility maintenance.

2/16/2024

Is the foundation of the existing hot water generator subject for removal and reinstallation

Yes, it is subject.

Please see DOW ROC. Para.

VI. 2. S.

2/16/2024

Solicitation 15‐16 of 77

00 21 16 O.3.(a).(1 ).iv.c

Where a Joint Venture agreement provides that one member will be responsible for providing the financial resources, technical equipment, and facilities required to perform the contract, can a Joint Venture offeror comply with solicitation section 00 21 16, paragraph O.3.(a).(1).iv.

c by submitting evidence of the resources of that member entity rather than of the Joint Venture itself?

Yes, as long as the member is showing as part of the JV agreement.

2/16/2024

Amendment 0002

Summar y of

Changes

Kindly reconsider to extend the proposal submission due date so KTRs are able to finalize JV registration on SAM and

PIEE.

RFP due date is extended.

New due date is 15 Feb 2024

14:30 JST

b. Revise Attach_2_Okinawa Mini MACC Specification_2-Feb-2024 SECTION 01 58 00 Attachment drawings.

- Remove Attach_2_Okinawa Mini MACC Specification_2-Feb-2024 SECTION 01 58 00

Attachment drawings

- Replace SECTION 01 58 00 drawings accompany this Amendment. See attached Amd0003

Amd0003_13-01 58 00_w new attachments w NAVY_14-Feb-2024, Dated 14 Feb 2024.

c. Replace Attach_3_Seed Project Specification dated 17 November 2023 in its entirety with

Attach_3_Seed Project DOW ROC, Dated 21 February 2024 for Record.

d. Incorporate Attached_Amd0003_SCH-3425 As-built for Seed project.

e. Revise the following section.

- SECTION 00 21 16; O. 3. (b) Factor 1 - Corporate Experience: (1) Para 2 o Revise language from Amy projects submitted in excess of five (5) will not be considered/Evaluated to Any projects submitted in excess of five (5) will not be considered/Evaluated.

- SECTION 00 21 16; O. 3. (b) Factor 3 – Past Performance: (1) Para 5 o The following language is removed Removed language are strike through in Red.

If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 2 for construction experience. If there is not a completed CPARS evaluation then submit Exhibit C – Past Performance Questionnaires (PPQ), for each project included in Factor 2 for both Construction Experience and Design Experience. The Offeror should provide completed PPQ in the proposal. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Ms. Yuka Yabuta, yuka.yabuta.ln@us.navy.mil.

o (1) Para 5 now reads: Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 1 – Corporate Experience. Offerors may also address any adverse past performance issues. Explanations shall not exceed two (2) double-sided pages (or four (4) single- sided pages) in total.

f. Incorporate, by full text, DFARS Provision 252.225-7966 PROHIBITION REGARDING RUSSIAN

FOSSIL FUEL BUSINESS OPERATIONS—REPRESENTATION (DEVIATION 2024-O0006) (FEB

2024) and DFARS Clause 252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL OPERATIONS (DEVIATION 2024-O0006) (FEB 2024) under SECTION 00 72 00.

g. Revise following Section SUMMARY OF CHANGES SECTION SF30 AMENDMENT 0002 1.b.

- Remove: Provide responses to pre-bid inquiries (#1-#3) as shown below. A total of three questions have been answered to date.

- Replace: Provide responses to pre-bid inquiries as shown below. A total of six questions have been answered to date

h. Extend the proposal due date to Friday, 15 March 2024 by 14:30 PM Japan Standard Time (JST)

2. Offerors shall acknowledge this amendment with their proposals.

3. All other terms and conditions remain unchanged.

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 27-Feb-2024 02:30 PM to 15-Mar-2024 02:30 PM.

SECTION 00 72 00 - GENERAL CONDITIONS

The following have been added by full text:

252.225-7966

252.225-7966 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS—

REPRESENTATION (DEVIATION 2024-O0006) (FEB 2024)

(a) Definitions. The terms business operations and fossil fuel company have the meanings given in the 252.225-

7067 clause of this solicitation.

(b) Representation. By submission of an offer, the Offeror represents it is not, or that it does not knowingly have fossil fuel business operations with an entity or individual that is, 50 percent or more owned, individually or collectively, by—

(1) An authority of the government of the Russian Federation; or

(2) A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas—

(i) Through the Russian Federation for sale outside of the Russian Federation; and

(ii) That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.

(End of provision)

252.225-7967 252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL OPERATIONS (DEVIATION 2024-

O0006) (FEB 2024)

(a) Definitions. As used in this clause—

“Business operations” means knowingly engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other known apparatus of business or commerce. The term does not include—

(1) Any shipment subject to price caps as specified in the—

(i) “Statement of the G7 and Australia on a Price Cap for Seaborne Russian-Origin Crude Oil”, issued on December 2, 2022, between member countries of that coalition; or

(ii) “Statement of the G7 and Australia on Price Caps for Seaborne Russian-Origin Petroleum Products Berlin, Brussels, Canberra, London, Ottawa, Paris, Rome, Tokyo, Washington”, issued on February 4, 2023, between such members, if such shipment complies with the applicable price caps; or

(A) Actions taken for the benefit of the country of Ukraine, as determined by the Secretary; or

(B) Actions taken to support the suspension or termination of business operations for commercial activities during the period beginning on the effective date and ending on December 31, 2029, including—

(1) Any action to secure or divest from facilities, property, or equipment;

(2) The provision of products or services provided to reduce or eliminate operations in territory internationally recognized as the Russian Federation or to comply with sanctions relating to the Russian Federation; and;

(3) Activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia.

Fossil fuel company means an entity or individual that—

(1) Carries out oil, gas, or coal exploration, development, or production activities;

(2) Processes or refines oil, gas, or coal; or

(3) Transports, or constructs facilities for the transportation of, Russian oil, gas, or coal.

(b) Prohibition. In accordance with section 804 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31), the Contractor is prohibited from entering into a subcontract or other contractual instrument for the procurement of products or services with any entity or individual that is known to be, or that is known to have fossil fuel business operations with an entity or individual that is, not less than 50 percent owned, individually or collectively, by—

(1) An authority of the government of the Russian Federation; or

(2) A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas—

(i) Through the Russian Federation for sale outside of the Russian Federation; and

(ii) That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts and other contractual instruments, including those for the acquisition of commercial products or commercial services.

(End of clause)

(End of Summary of Changes)

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