N4008424R0074 Amend 0001.pdf

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 U.S. MARINE CORPS AIR STATION (MCAS) IWAKUNI, JAPAN.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 23

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

16C. DATE SIGNED

BY 09-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 N4008424R0074

X 9B. DATED (SEE ITEM 11)

24-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 is extended, X 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 1 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

09-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:

N4008424R0074

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0001

AMENDMENT 0001 is to accomplish the following.

1. Removing FAR 52.228-1 Bid Guarantee and FAR 52.228-17 Individual Surety – Pledge of Assets (Bid Guarantee) and its entire word of “Bid Guarantee(s)”, “Bid Bond(s)”, and “52.228-1” from this RFP.

2. Inclusion of DFARS 252.245-7005 Management and Reporting of Government Property.

3. Removing DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished, 252.245- 7002 Reporting Loss of Government Property, 252.245-7004 Reporting, Reutilization, and Disposal.

4. All other terms and conditions remain unchanged.

SECTION 00 10 00 - SOLICITATION

The following have been modified:

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 Air Station (MCAS) Iwakuni, Japan. The primary location of construction projects will be at various U.S. Government Installations in Iwakuni, 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, office renovation, building demolition, built-in equipment repair/replacement, piping repair/replacement, pipe lagging, electrical work, mechanical work, carpentry work, road pavement, fencing, roofing, painting, site work, concreate work, masonry, welding, and incidental removal and disposal of lead based paint 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 $3,592.90 or 500,000 JPY each based on the FY24 Budget Rate (BER) of 139.1635 JPY / $1.00.

C. DESCRIPTION OF SEED PROJECT

Title: Replace Underground Steam Double Pipe Between SP1-1-3 and B#6010 at U.S. Marine Corps Air Station, Iwakuni, Japan

In accordance with FAR 36.204, the magnitude of construction for the seed project is between $100,000 and $250,000 (13,916,350 JPY and 34,790,875 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 of Bid Bond (SF24), Performance Bond (SF25), and Additional Bond (SF1415) should match the company name and address on the SF 1442 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, their 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 ineligible for award. If during the responsibility determination the SAM registration is not cured, award can be made to the next responsible bidder. 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 11 19 Request for Proposal

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 Emiko Uyama, Contract Specialist, at emiko.uyama2.ln@us.navy.mil and Ariel Bautista, Contract Specialist, at ariel.a.bautista.civ@us.navy.mil. The end date for any questions shall be on or before Tuesday, 20 February 2024 at 10:00 A.M. Japan Standard Time or as amended. 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 Section 00 21 16 Instructions to Proporsers, Paragraph Q Provisions, 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:

N4008424R0074

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 hand 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. EMIKO UYAMA, 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 $3,592.90 or 500,000 JPY each based on the FY24 Budget Rate of ¥139.1635 JPY / $1.00 for each offeror awarded an Indefinite Delivery 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 $3,592.90 or 500,000 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 $100,000 and $250,000 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:

N4008424R0074

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).

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

Japanese equivalent 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 fire suppression systems;

� 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.

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 information using Exhibit A – Construction Project Data Sheet for each construction project. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages).

For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e., unique features, area, construction methods).

If the Offeror(s) is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared experience, projects may be submitted for the Joint Venture members. If a project was performed by a JV, and not all partners from that JV are on the JV proposed for this contract, the Offeror(s) shall clearly demonstrate what portion of the work was performed by the JV member offering on this contract and shall not include work performed by the JV as a whole. The JV member proposed for this contract shall specifically address field work performed by that JV member including field staffing and direct field work oversight. The JV member proposed for this contract shall also address home office management performed by that JV member including the number/percentage of employees provided for the overall contract by the JV members as well as the overall percentage of work performed by the JV member. The Offeror(s) shall also submit a SIGNED copy of the Joint Venture agreement indicating the proposed participation of each Joint Venture member. Offeror(s) are still limited to a total of five (5) projects combined.

If an Offeror(s) is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract. The proposal shall state specific commitments of technical resources (e.g. personnel, equipment) that the affiliate/subsidiary/parent/LLC/LTD member companies commit to the performance of this contract. In particular, the proposal will clearly state the specific commitments of resources of the affiliate/subsidiary/parent/LLC/LTD member that will be located at the worksites and company offices in the city/area of the project. The proposal shall also describe specific roles of the affiliate/subsidiary/parent/LLC/LTD member companies in terms of the work it will either self-perform or manage on behalf of the Offeror in performance of the contract. The Offeror MAY NOT utilize experience of a subcontractor to demonstrate construction experience under this evaluation factor unless specialized subcontractor experience is stated as acceptable. Failure to submit this information may result in lower rating.

The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing recent and relevant construction projects as defined in the solicitation submittal requirements. The assessment of the Offeror’s recent and relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review five (5) projects for construction. Any projects submitted in excess of the five (5) for Construction Experience will not be considered.

Factor 2, Safety:

The Offeror shall submit a narrative that demonstrates its commitment to safety while still being able to successfully complete construction projects on time and how it will properly manage and implement safety procedures and accident prevention methods. The narrative should address each of the following topics:

o The Offerorʼs method for selecting a subcontractor with a safe performance record;

o The Offerorʼs plan to monitor and oversee the safety compliance and performance of self-performed and subcontractor performed work; and o The Offerorʼs methodology to execute an effective program that facilitates accident prevention techniques and processes, and employee reporting of unsafe conditions and unsafe activities.

The Offeror shall submit the narrative using Exhibit B – Safety Narrative. Except as specifically requested, the Government will not consider information submitted in addition to this form.

Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages). Safety narratives for joint ventures may be up to two (2) double-sided pages (or four (4) single-sided pages) in length.

Pages in excess of the page limit specified above will not be considered/evaluated.

The Government is seeking to determine the degree to which the Offeror has demonstrated a commitment to safety and its plan to properly manage and implement safety procedures and accident prevention methods for itself and its subcontractors.

Factor 3 ‒ Past Performance

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 1 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 1 for Construction 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.

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. Emiko Uyama, emiko.uyama2.ln@us.navy.mil. 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.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete…