N4008424R0066.pdf

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

(CFAO), JAPAN.

A. Proposal Documents

(1) Section 00 01 10 - Table of Content; (2) Section 00 11 19 - Request for Proposal; (3) Section 00 21 16 – Instructions to Proposers; (4) Section 00 22 00 - Supplemental Instructions; (5) Section 00 45 00 – Representations and Certif ications; (6) Section 00 70 00 - Conditions of the Contract; (7) 00 72 00 - General Conditions; (8) Section 00 73 00 - Supplementary Conditions; (9) Section 01 00 00 - General Requirements

B. Standard Form (SF) 1442 Attachments and Exhibits

Attachment 1: Pre-Proposal Inquiry Form; Attachment 2: Okinaw a Mini MACC Specif ication; Attachment 3: Seed Project Specif ication;

Attachment 4: MCIPAC-MCBB Group Access Pass Escorted (Rev. 4-22)

Exhibit A – Construction Experience Project Data Sheet; Exhibit B – Safety Narrative; Exhibit C – Past Performance Questionnaire; Exhibit D – Price Proposal Form

YUKA YABUTA 315-243-1643

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

26-Jan-2024

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________360 calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________27 Feb 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

NAVFAC FAR EAST

CORE EXECUTION TEAM

PSC 473 BOX 13

FPO AP 96349-0013

N40084

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:30 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N4008424R0066 77

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N4008424R0066

Section 00 01 10 - Table of Contents

ATTACHMENT TITLE DATE

1 Pre-Proposal Inquiry Form N/A 2 N4008424R0066 Okinawa Mini MACC Specifications 29 Aug 2022 3 N4008424R0066 Seed Project Description of Work

(DOW) for Replace Hot Water Generator Tank and Associated Work at Bldg.3425, Camp Schwab, Okinawa, Japan

17 Nov 2023

4 MCIPAC-MCBB Group Access Pass Escorted (Rev. 4-22) N/A

EXHIBIT TITLE DATE

A Construction Experience Project Data Sheet N/A B Safety Narrative N/A C Past Performance Questionnaire N/A D Price Proposal Form N/A

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.

Attachments 2 to 3 will be made available to Offerors via approved controlled document request in Contract Opportunities (https://sam.gov). The point of contacts (POCs) for all attachments and exhibits are Ms. Yuka Yabuta, Contract Specialist, yuka.yabuta.ln@us.navy.mil and Ms. Samantha Tomisato, Contract Specialist, samantha.e.tomisato.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 is also available through the below webpage:

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

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 00 10 00 - Solicitation

Section 00 11 19 – Request for Proposal

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each Okinawa Mini MACC

FFP

Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Bid-Build (DBB) Multiple Award Construction Contract (MACC) for the Marine Corps Base (MBC) Camp Butler and Commander Fleet Activities Okinawa (CFAO), Japan. The primary location of construction projects will be at various U.S. Government Installations in Okinawa, Japan. Work may also be ordered in other areas throughout NAVFAC Far East Area of Responsibility (AOR) in Japan, if deemed necessary and approved by the Administrative Contracting Officer (ACO) for the MACC at NAVFAC Far East, Okinawa.

The Contractor shall provide all supervision, material, equipment, labor, and any other incidental related work to perform the construction services specified in the basic contract, as supplemented in each task order.

The Not-To-Exceed (NTE) amount for all the MACC contract awards combined under Solicitation No. N4008424R0066 is $250,000,000 or Japanese Yen equivalent; it is not the maximum value of each individual MACC contract.

The task order range is between $3,000 and $25,000,000 or Japanese Yen equivalent, but may be other amounts by mutual agreement of the Government and Contractor. Refer to FAR 52.216-19 for order limitations.

The base ordering period shall be for five (5) years and one (1) option consisting of three (3) years.

Offers will be solicited, awarded, and paid in Japanese Yen; however, the price of the contract action (contract/task order/modification) will be expressed in U.S.

Dollars for the administrative convenience of the U.S. Government.

FOB: Destination

PSC CD: Z2JZ

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 8 yrs. ADC NAVFAC FAR EAST

INSPECTOR OF RECORD

CORE EXECUTION TEAM

PSC 473 BOX 13

FPO AP 96349-0013

FOB: Destination

N40084

A. GENERAL OVERVIEW OF MULTIPLE AWARD CONSTRUCTION CONTRACTS

A Multiple Award Construction Contracts (MACC) is a contract awarded from a single solicitation that may result in award to multiple contractors. This acquisition consists of one (1) solicitation with the anticipation that up to eight (8) Indefinite Delivery/Indefinite Quantity (IDIQ) MACC will be awarded to the Offerors whose proposals are determined to represent the best value to the Government, cost/price and other factors considered.

These MACC awardees would then compete for future work during the term of the contract.

B. DESCRIPTION OF ACQUISITION

1. Naval Facilities Engineering Systems Command (NAVFAC) Far East (FE) has a requirement for a Small

Magnitude Size Design-Bid-Build (DBB) Firm-Fixed-Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) MACC for U.S. Marine Corps Base (MBC) Camp Butler and Commander Fleet Activities Okinawa (CFAO), Japan. The primary location of construction projects will be at various U.S. Government Installations in Okinawa, Japan. However, various other locations within the NAVFAC FE Area of Responsibility (AOR) in Japan may place orders against the MACC, as necessary and as approved by the Administrating Contracting Officer (ACO).

2. Under the MACC, task orders will be issued in which the Contractor shall provide all labor, management, supervision, tools, materials, equipment, incidental engineering, and transportation, except otherwise specified in specification, necessary to perform various repairs, alternation, construction and demolition work to shore facilities.

3. Construction projects to be performed under the MACC will primarily consist of general building type projects utilizing the DBB construction project delivery method. The proposed scope of work will be specified in each task order and may include, but is not limited to, Bachelor Enlisted Quarters (BEQ)/Bachelor Officer Quarters (BOQ) minor renovations, food services facilities, office/admin renovations, total building demolition, built-in equipment repair/replacement, piping repair/replacement, electrical work, mechanical work, minor road pavement, minor fencing and roofing, welding and masonry, painting, various civil site work, and removal/remediation and disposal of lead based paint, Poly Chlorinated Biphenyl (PBC), and asbestos containing material.

4. This acquisition will result in the award of approximately eight (8) MACC where the aggregated value of all task orders awarded will not exceed $250,000,000 or Japanese yen equivalent over an eight (8) year period, consisting of one five-year base ordering period and one three-year option period, for a maximum duration of 96 months. The anticipated task orders will be firm-fixed-price (FFP) ranging from $3,000 to $25,000,000 or Japanese yen equivalent. However, task orders under or over these amounts may be considered if determined to be in the Government’s best interest and mutually agreed upon by the Contractor and Contracting Officer. The capacity for these MACC will be obligated and tracked in U.S.

Dollar but will be paid in Japanese yen.

5. To satisfy the minimum guarantee, one (1) seed project will be awarded as a task order at the time of award of the MACC to one (1) contractor that offers the best value to the Government. For the other MACC awardees, minimum guarantee task orders will be issued in the amount of $10,000 or 1,391,635 JPY each based on the FY24 Budget Exchange Rate (BER) of 139.1635 JPY / $1.00.

C. DESCRIPTION OF SEED PROJECT

Title: Replace Hot Water Generator Tank and Associated Work at Bldg.3425, Camp Schwab, Okinawa, Japan

In accordance with FAR 36.204, the magnitude of construction for the seed project is between $250,000 and $500,000 (34,790,875 JPY and 69,581,750 JPY utilizing the FY24 BER of 139.1635 JPY / $1.00).

In accordance with FAR 52.211-10 Commencement, Prosecution, and Completion of Work, the Offeror awarded the seed project shall be required to commence work for the seed project within 15 days after date of Notice-to-Proceed (NTP)*, prosecute the work diligently, and complete the entire work ready for use not later than 360 days after date of NTP. The time stated for completion shall include final cleanup of the premises.

In accordance with FAR 52.211-12 Liquidated Damages, if the Offeror awarded the seed project fails to complete the work within the time specified in the Task Order, the Contractor shall pay liquidated damages to the Government in the amount $500.00 or 69,582 JPY utilizing the FY24 BER of 139.1635 JPY / $1.00 for each calendar day of delay until the work is completed or accepted.

D. FULL AND OPEN COMPETITION

This acquisition is solicited on an unrestricted basis using full and open competition.

E. BID GUARANTEE AND BONDING REQUIREMENTS

A bid guarantee and performance bond are required by this solicitation. See, FAR 52.228-1, 52.228-15, and 52.228-2 for details. Corporations executing bid and performance bonds as sureties will be considered acceptable if they have received official approval to do so from the Ministry of Finance, Government of Japan, notwithstanding any requirement stated elsewhere that such corporations be approved by the U.S. Department of Treasury. Guarantees by Japanese banks executed on will also be accepted where authorized under Japanese banking laws. Individual sureties will only be permitted where the Offeror proposing an individual to act as surety complies with FAR 52.228-11 herein and the Government, in its discretion, determines the individual surety to be acceptable for purposes of this procurement. Japanese sureties (whether corporations, banks or individuals) are requested to register with NAVFAC Far East prior to issuing any bond. Refer to FAR 52.228-1 for Government acceptable forms of firm commitments.

The company name and address on the Bid Bond (SF24), Performance Bond (SF25), and Additional Bond (SF1415) should match the company name and address on the SF1442 form. The Bonding Company or Bank shall register with the contracting office before issuing the bond. If the Bonding Company or Bank do not register with the contracting office prior to issuance of the bond, the bond will be rejected. If the contractor elects to use a check for bond, the issue office should be a Bank or financial (banking) institution. Checks issued by the Offeror(s) will be rejected.

Electronic copy of SF24 can be downloaded at below URL:

https://www.gsa.gov/reference/forms/bid-bond

Electronic copy of SF25 can be downloaded at below URL:

https://www.gsa.gov/reference/forms/performance-bond

Electronic copy of SF1415 can be downloaded at below URL:

https://www.gsa.gov/forms-library/consent-surety-and-increase-penalty

F. CONTRACTOR LICENSING REQUIREMENTS

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. Prior to award of any contract, offerors must be registered to do business and possess a construction license (Kensetsu Gyo Kyoka) issued by the Ministry of Land, Infrastructure and Transport, or prefectural government. Offerors will be required to provide verification of such construction license 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.

Contractors must have a Japanese bank account in order to receive payment via DFAS Japan.

G. 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.

H. SYSTEM FOR AWARD MANAGEMENT REGISTRATION

All Offerors (i.e., whether individually or as a joint venture, etc.) responding to this solicitation must be registered in the System for Award Management (SAM) database prior to the closing date for receipt of proposal to be eligible for award and must have active Representations and Certifications in SAM.

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.

Offerors may obtain information on registration and annual confirmation requirements via the SAM website accessed via https://sam.gov/content/entity-registration or by calling 866-606-8220 or 334-206-7828 for international calls and should complete the provisions associated with the annual representations and certifications identified in the Federal Acquisition Regulation (FAR) Subpart 4.1202 and Defense FAR Supplement (DFARS) Subpart 204.1202.

An Offeror is required to be registered in SAM when submitting its proposal, 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 proposal shall be considered non-responsive and ineligible for award. If during the responsibility determination the SAM registration is not cured, award can be made to the next responsible offeror. 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.

Section 00 21 16 - Instructions to Proposers

A. AMENDMENTS

Amendments will be posted to the Government-wide point of entry (GPE) at the System for Award Management (SAM) website (https://sam.gov). Hard copies of amendments will not be mailed. It is the Offeror’s responsibility to review the GPE regularly for any postings or amendments to the solicitation.

B. 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 and subsequent task orders.

C. OFFER CURRENCY

Offers shall be priced only in Japanese Yen. Offers not priced in Japanese Yen shall be deemed non-responsive and will not be eligible for award. The Japanese Yen amount of the offer shall be whole numbers only (no decimal places).

D. 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 deemed non-responsive.

E. ENFORCEABILITY OF PROPOSAL

The proposal must set forth full, accurate, and complete information as required by this solicitation. The Government will rely on such information in the award of the contract. By submissions of the offer, the Offeror agrees that all items proposed (e.g., key personnel, subcontractors, materials, corporate concept, etc.) will be utilized for the duration of the contract and any substitutions shall require Contracting Officer’s approval.

F. 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.

G. PRE-PROPOSAL INQUIRIES

Inquiries regarding this Request for Proposal (RFP) shall be submitted electronically using the Pre-Proposal Inquiry (PPI) form provided as Attachment 1. The Point of Contacts (POCs) for inquiries is Yuka Yabuta, Contract Specialist, at yuka.yabuta.ln@us.navy.mil and Samantha Tomisato, Contract Specialist, at samantha.e.timisato.civ@us.navy.mil. The Government does not intend to respond to inquiries submitted less than 10 calendar days before the proposal closing date and time. Failure of a prospective Offeror to submit any questions will be construed to mean that the Offeror fully understands the requirement of the solicitation.

H. PRE-PROPOSAL CONFERENCE AND SITE VISIT

See FAR 52.236-27 Site Visit (Construction) (FEB 1995) – Alternate I (FEB 1995) for more information.

I. FAR PROVISION 52.229-11 AND FAR CLAUSE 52.229-12

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

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

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

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

Line 6 Contract / reference number:

N4008424R0066

Line 7 Name and address of the acquiring agency:

Naval Facilities Engineering Systems Command (NAVFAC) Far East Bldg. 1828, 1st Floor

Line 7 City or town, state or province. Include postal code where appropriate

Tomari-cho, Yokosuka-shi, Kanagawa-Ken, 238-0001

Line 7 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, legal, or accounting 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/

However, Offerors are advised to consult Title 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7 (see FAR 29.402-3, 31.205-41(b)(8)) for specific details and/or updates.

J. 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.

K. RESPONSIBILITY DETERMINATION/PRE-AWARD SURVEY

FAR 9.103 requires the Contracting Officer to make an affirmative determination of responsibility prior to making an award. The general standards for responsibility are outlined in FAR 9.104 and include having adequate financial resources to perform the contract or the ability to obtain them, being able to comply with the required performance schedule, having a satisfactory performance record, having the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them, having the necessary production, construction, and technical equipment and facilities, or the ability to obtain them, and being 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 Offeror(s) to determine whether such Offeror is qualified and capable of performing the contract. The pre-award survey may involve examination of the Offeror's financial and technical status and understanding of the contract requirements.

Requested information shall be forwarded within three (3) business days upon request or as indicated on the letter from the Contracting Officer. Failure to provide requested information may result in the proposal being deemed non-responsive.

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:

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

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

3. Description of Contractor's facilities and equipment.

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

5. Current financial statements and data.

6. Other work presently under contract.

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

8. Contractor Quality Control plan for this contract.

L. PROPOSAL SUBMISSION - INSTRUCTIONS

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) or hard copy (hand-delivered or mailed on a CD-ROM) so that they are received by the date and time specified in Block 8 of the Standard Form (SF) 1442. Email proposals will not be accepted.

Proposals shall be submitted in English in the format described in M. PROPOSAL SUBMISSION - FORMAT.

Proposal Submission using 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 pre-filtered 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.

Additional information is available at:

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

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.

It is an Offeror’s responsibility, when transmitting its proposal electronically, to ensure the proposal’s timely delivery by transmitting the proposal sufficiently in advance of the time set for receipt of proposals 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 proposal where it delays transmitting its proposal until the last few minutes before the time set for receipt of proposals. It is the responsibility of the Offeror to confirm receipt of proposals. Proposals that are received after the stated date and time in the solicitation shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR).

Offerors shall ensure that proposals (with all required supporting documentation) are received electronically no later than the date and time stated in Block 13A of the Standard Form (SF) 1442 “Solicitation, Offer, and Award (Construction, Alteration, or Repair)”, unless revised by a formal amendment. Proposals not received by the date and time specified shall be treated in accordance with FAR 52.215-1 “Instruction to Offerors – Competitive Acquisitions” and may be rejected. Ultimately, it is the Offeror’s responsibility to ensure timely proposal submission. An Offeror risks the late receipt and rejection of a proposal where it delays submitting its proposal until the last few minutes before the time set for receipt of proposals.

Proposal Submission Hand-Delivered or Mailed

Hand-delivered or mailed proposals shall arrive, and be accepted, at Naval Base Yokosuka, Building 1828, prior to the time set for proposal closing date stated in this Request for Proposal (RFP). Use of Japan Postal Service is not recommended. Any proposal delivered by email, DoD Safe, or fax will be non-responsive and not considered for award.

Any offerors who do not have gate access for Naval Base Yokosuka may send their proposal via mail, base authorized courier, or base authorized contractor representative, to be delivered prior to the proposal due date.

Proposals shall be sent to the following address:

NAVAL FACILITIES ENGINEERING COMMAND FAR EAST

ATTN: MS. YUKA YABUTA, CONTRACTING DEPARTMENT

BUILDING 1828, 1ST FLOOR, ROOM 101

TOMARIO-CHO, YOKOSUKA-SHI, KANAGAWA-KEN 238-0001, JAPAN

M. PROPOSAL SUBMISSION - FORMAT

Offeror’s proposal must be submitted in accordance with the following instructions. Nonconformance may result in an unfavorable proposal evaluation.

Non-Cost/Price Proposal and Price Proposal shall be separate attached files and shall be labeled accordingly.

All files shall be Adobe PDF formatted.

Offerors electing to submit a hard copy proposal shall submit one (1) Compact Disk (CD) containing Non- Cost/Price Proposal and Price Proposal as separate files.

If both a hard copy (CD Copy) and an electronic copy are submitted, the electronic copy submitted through the Department of Defense (DoD) Solicitation Module in the Procurement Integrated Enterprise Environment (PIEE) shall govern.

(1) Non-Cost/Price Proposal

The Non-Cost/Price Proposal shall be labeled “Non-Cost/Price Proposal”. All pages shall be numbered.

Page limits, if stipulated, must be adhered to. Submissions related to the Factors shall be labeled and organized as follows:

Proposal for the Solicitation

Tab 1 – Factor 1, Corporate Experience

(Exhibit A – Construction Experience Project Data Sheet; Letter of Commitment and Explanation of Meaningful Involvement of Subcontractor, if applicable.)

Tab 2 – Factor 2, Safety (Exhibit B – Safety Narrative)

Tab 3 – Factor 3, Past Performance (Final CPARS Evaluations or Exhibit C – Past Performance Questionnaire; Explanations, if applicable)

(2) Price Proposal

The Price Proposal shall be labeled “Price Proposal.” It shall be organized as follows:

Tab 4A – SF 1442, with Blocks 14-20c completed, with all amendments acknowledged Tab 4B – Exhibit D – Price Proposal Form Tab 4C – Bid Guarantee Tab 4D – Offeror Letter Tab 4E – Representations and Certifications Tab 4F – Completed IRS Form W-14, if applicable Tab 4G – Latest Financial Statement (Kessan Hohkoku sho) Tab 4H – Letter from Bonding Agent or Surety indicating single and aggregate bonding capacity Tab 4I – Construction License (Kensetsu Gyo Kyoka)

The Non-Cost/Price Proposal and Price Proposal shall be submitted in accordance with the solicitation. The above list is provided for the Offeror’s convenience and is not exhaustive. Offerors shall refer to Section 00 21 16 Instructions to Proposers, Paragraph O Evaluation Factors for Award, for details regarding each submittal requirement.

N. BASIS FOR AWARD

1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contracts; to negotiate with offerors in the competitive range; and to award the contracts to the offerors submitting the proposals determined to represent the best value—the most advantageous to the Government, cost/price and other factors considered.

2. 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 tradeoff process is selected as appropriate for this acquisition. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced Offeror or other than the highest technically rated Offeror.

4. All technical factors and their respective weighting in comparison to performance confidence assessment (past performance) and price are detailed within Section 00 21 16 Instructions to Proposers, Paragraph O Evaluation Factors for Award.

5. Any proposal found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions.

Proposals may be found to have either a significant weakness or multiple weaknesses that impact either the individual factor rating or the overall rating for the proposal. The evaluation report must document the evaluation board’s assessment of the identified weakness(s) and the associated risk to successful contract performance resulting from the weakness(s). This assessment must provide the rationale for proceeding to award without discussions.

6. The Government anticipates that up to eight (8) multiple award construction contracts will be awarded resulting from this solicitation. The minimum guarantee is $10,000 or 1,391,635 JPY each based on the FY24 Budget Rate of 139.1635 JPY / $1.00 for each offeror awarded an Indefinite Deliver Indefinite Quantity (IDIQ) type construction contract, except the one (1) Offeror awarded the seed project. The seed project satisfies the minimum guarantee. The Offeror submitting the proposal, conforming to the RFP, determined to represent the best value – the proposal most advantageous to the Government, cost/price and other factors considered, will receive award of the seed project. Any additional selected contractor awarded a basic contract, but not awarded the seed project will be awarded a minimum guarantee of $10,000 or 1,391,635 JPY each based on the FY24 Budget Rate of 139.1635 JPY / $1.00, and selection will be based on the same criteria as the first selection.

O. EVALUATION FACTORS FOR AWARD

1. The solicitation requires the evaluation of price and the following non-price factors:

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

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

2. The relative order of importance of the non-cost/price evaluation factors is the technical factors (Factors 1 and 2) are of equal importance to each other and, when combined, are equal in importance to the past performance evaluation/performance confidence assessment factor (Factor 3). When the proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor combined (i.e., the non-cost/price evaluation factors) are approximately equal to price.

The importance of price will increase if the Offeror(s) non-cost/price proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of a non-cost/price proposal’s superiority to the Government. Award will be made to the responsible Offeror(s) whose offer conforms to the solicitation and represents the best value to the Government, price and non-price.

3. Basis of Evaluation and Submittal Requirements for Each Factor.

(a) Price Factors:

(1) Solicitation Submittal Requirements:

i. Standard Form SF1442 (Solicitation, Offer, and Award) with Blocks 14 through 20c completed, with all amendments acknowledged;

ii. Completed Price Proposal Form, Exhibit D – Price Proposal Form, shall be in Japanese Yen only.

Note for Price: The seed project was selected to best represent the nature of potential work under this contract. The estimated price range for the seed project is between $250,000 and $500,000 or Japanese equivalent. Pricing of the seed project will be used to evaluate the reasonableness of proposed pricing in order to make best value determinations. The best value Offeror will receive award of a task order for the seed project, which will serve as the minimum guarantee.

iii. For the seed project, Bid Guarantee in accordance with FAR 52.228-1 and Performance Bond in accordance with FAR 52.228-15. The bid guarantee and performance bond shall be in the name of the Offeror identified on the SF1442.

iv. Although not part of the price evaluation, Offeror(s) should also include the following items if available with their price proposal to assist the Government in validating eligibility to receive an award:

a. Offeror Letter which includes at a minimum, but not limited to:

Solicitation number Offeror’s name, address, telephone and email address System for Award Management (SAM) Unique Entity ID and Commercial and

Government Entity ID and Commercial and Government Entity (CAGE) Code Name, title, telephone number and email address of person(s) authorized to negotiate on behalf of the Offeror in connection with this solicitation.

Name, title, telephone numbers and email address of person(s) authorized to sign contractual documents on behalf of the Offeror in connection with this solicitation and any resultant contracts or task orders, if a MACC contract is awarded to your company.

b. Completed provisions identified in the solicitation. Submission of completed provisions are not required if such provisions have recently been completed or updated in the SAM website and are applicable to this solicitation.

For FAR Provision 52.229-11, if the Offeror is considered a “foreign person”, the

Offeror shall complete and return IRS Form W-14 (https://www.irs.gov/pub/irs-pdf/fw14.pdf) using information in the table below. If IRS Form W-14 is not submitted with the offer, excise tax exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

Line 6 Contract / reference number:

N4008424R0066

Line 7 Name and address of the acquiring agency:

Naval Facilities Engineering Systems Command (NAVFAC) Far East Bldg. 1828, 1st Floor

Line 7 City or town, state or province. Include postal code where appropriate

Tomari-cho, Yokosuka-shi, Kanagawa-Ken, 238-0001

Line 7 Country (do not abbreviate)

Japan

c. Sufficient evidence to support the Offeror’s responsibility determination in accordance with FAR 9.104 to include, but is not limited to, the following:

Adequate financial resources along with technical equipment and facilities necessary to perform the contract, or ability to obtain them.

Acceptable evidence includes, but is not limited to, recently audited financial statements (Kessan Hohkokusho) showing the financial health and resources of the firm, documentation showing the firm’s recent rating by Dun & Bradstreet, documentation from a bank or creditor extending lines of credit to the firm, etc.

d. Letter from bonding agent or surety indicating single and aggregate bonding capacity for task order awards under this contract OR a letter from the Offeror, bonding agent, or surety documenting the Offeror’s inability to obtain bonding and reason(s) why. While bonding capacity is not required to be determined responsible in accordance with FAR 9.104, it will be considered as part of the responsibility determination in order to ensure the Offeror is generally able to submit performance bonds, when required, for task orders issued to them within the Ordering Limitations identified in the IDIQ.

e. A copy of the Offeror’s construction license (Kensetsu Gyo Kyoka) issued by the Ministry of Land, Infrastructure and Transport and Tourism or prefecture government.

The construction license will be considered as part of the responsibility determination in order to ensure the offeror is duly authorized to operate and conduct construction business in Japan.

(2) Basis of Evaluation:

The Government will evaluate price based on the total price for the seed project. The price proposal will not be assessed an adjectival rating but will be ranked from lowest to highest. Prices will be evaluated and Offeror(s) will be ranked accordingly. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

o Comparison of proposed prices received in response to the Request for Proposal (RFP) o Comparison of proposed prices with the Independent Government Cost Estimate (IGCE) o Comparison of proposed prices with available historical information o Comparison of market survey results

(b) Non-cost/price Factors:

Factor 1, Corporate Experience:

The Offeror shall submit the following information to demonstrate construction experience using Exhibit A – Construction Experience Project Data Sheet:

Submit a maximum of five (5) recent and relevant construction projects for the Offeror that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the Request for Proposal (RFP). Amy porjects submitted in excess of five (5) will not be considered/evaluated.

For purposes of this evaluation, a recent construction project is defined as a construction project completed within the past seven (7) years of the date of issuance of this RFP.

For purposes of this evaluation, a relevant construction project is further defined as meeting all of the three areas:

o A construction project with a total contract value (size) of at least $1,000,000 U.S. Dollars or

¥139,163,500 using the FY24 Budget Exchange Rate of ¥139.1635 / $1.00; and o A construction project involving new construction of infrastructure or renovation, alteration, or repair of existing infrastructure (scope); and o A construction project with at least one of the following characteristics (complexity):

Construction or renovation, alteration, or repair of multi-unit residential living facility, such as Bachelor Quarters, dormitory, condominium or apartment building;

Installation, improvement and/or replacement of critical power realignment, shore to ship power systems, electrical distribution loop systems, emergency generators, and other electrical distribution systems;

Structural work on airfields, roadways, and supporting facilities;

Structural waterfront work on piers, wharves, caissons, dry docks and other shoreline structures;

Installation and/or repair of Packaged Terminal Air Conditioner (PTAC) systems, Heating Ventilation and Air Conditioning (HVAC) systems or Dehumidification systems;

Installation and/or repair of plumbing or mechanical or electrical systems;

Roof construction, replacement, recoating and/or repair; or Removal and disposal of asbestos containing material.

Repairs of washouts/erosions because of heavy rainfalls and typhoons;

Repairs to supporting facilities to Entry Facilities Control structures (e.g., guard houses, inspection sheds, guard towers, final/passive barriers, and all electrical and communication systems;

Minor road construction, patching painting of pavements (asphalt), and repairs to connecting curb & gutters.

A single construction project may satisfy more than one of the above characteristics (complexity).

Infrastructure is defined as: residential buildings; non-residential buildings including business and office, commercial, health care, educational, recreational, industrial and warehouse facilities;

mixed use developments and planned unit developments; public work utilities systems; dredging and waterfront work on piers, wharves, caissons, dry docks, and other shoreline structures;

airfields, roadways, and supporting facilities.

A project is defined as a construction project performed under a single task order or contract. For indefinite delivery type contracts, the contract as a whole shall not be submitted as a project; rather Offeror(s) shall submit the work performed under a task order as a project.

The Offeror(s) shall submit all project…