Combined__Synopsis_Solicitation_N6264919Q0217.docx

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil/).

The RFQ number is N6264919Q0217. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-95 and DFARS Publication Notice 20161222. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The NAICS code is 336611, for Cummins Engines Yearly Maintenance. This is a competitive, unrestricted action among sources duly authorized to operate and do business in JAPAN. Offerors may be required to submit additional documentation demonstrating their ability to perform in Japan prior to award.

It is the quoter’s responsibility to ensure all electronic media are readable by the Government.

All Contract Line Item Numbers (CLINs) shall have a firm-fixed unit price and total price.

Quotation for this RFQ must be on an “All or NONE” basis. Partial or incomplete quotations are ineligible for award.

The NAVSUP, Fleet Logistics Center (FLC), Yokosuka, Contracting Department requests responses from qualified sources capable of providing:

CLIN 0001 –CUMMINS ENGINES YEALY MAINTENANCE

POP 1 September 2019 – 31 August 2020

Inspection Item Pusher Boat (PU-3, PU-4, PU-6, PU-8, PU-9, PU-11) Beaver Boat (BB-1, BB-2) Work Boat (WBM-1, WBM-2, WBM-3, WBM-4, WBM-5, WBM-6, WBL-1, WBL-2)

See below SOW for detail.

QTY 1 Group x @ ¥ or $_____________= ¥ or $_______________

STATEMENT OF WORK (SOW)

WORK SPECIFICATION OF PORT OPERATIONS SMALL/MEDIUM CRAFT CUMMING ENGINES MAINTENANCE PLAN

1. INTRODUCTION.

1.1 Commander, Fleet Activities Yokosuka is the largest Naval installation outside of the U.S. and its territories. We provide 24/7 mooring service. We are committed to providing the best service worldwide even on short notice. We coordinate the most suitable berthing arrangement according to your maintenance and operational needs. 7th Fleet forces facilitate rapid response to natural and manmade crises in the region, all the while ensuring the security and stability. Pusher boats are utilized to open and close security barriers, relocate paint floats & utility barges. In addition they are utilized to open and close oil boom around ships and oil barges. As per OPNAVINST 5090.4B Chapter 4 all Navy activities shall identity means and methods for the elimination or minimization of pollutants and, where possible, incorporate them at the earliest stages of planning, design, and procurement of facilities, ships, aircraft, weapon systems, equipment, and material. Fleet Activities Yokosuka maintains 6 pusher boats, 2 BB boats and 2 WBL boats and 6 WBM boats. Without these Boats our abilities to conduct business in the harbor are significantly degraded.

1.2 This contract is for non-personal services. It does not create employment rights with the U.S. Government whether actual, inherent, or implied. By agreeing to perform the services described in these specifications, the Contractor acknowledges that he/she is not, and shall not become, an employee of the U.S. Government. The Contractor further agrees that he/she shall not bring any cause of action in any forum claiming that he/she has become an employee of the U.S. Government.

1.3 This contract extension is a “non-personal services contract” as defined in FAR 37.101. It is, therefore, understood and agreed that the Contractor and/or the Contractor’s employees or sub-contractor:

1.1.1. Shall perform the services specified herein as independent Contractors, not as employees of the government.

1.1.2. Shall manage and administer the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract.

1.1.3. Shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but

1.1.4. Shall, pursuant to the government’s right and obligation to inspect, accept, or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer as is necessary to ensure accomplishment of the contract objectives.

JOB TITLE

3 MONTHS AND 6 MONTHS MAINTENANCE

SEMI-ANNUALLY MAINTENANCE

ANNUALLY MAINTENANCE

UNESCHEDULE MAINTENANCE

REFERENCE

BARRIER BOAT (BB-1 & BB-2)

· MANUFACTURER: CHUCK’S BOAT AND DRIVE CO.

· BOAT LENGTH: 25 FT. (7.63 METERS)

· BOAT BEAM: 13 FT. 8 INCHES (4.17 METERS)

· BOAT DRAFT: 6 FT. 9 INCHES (2.06 METERS)

· ENGINE MANUFACTURER: CUMMINS ENGINE COMPANY INC.

· ENGINE MODEL: QSM11

· PROPULSION ENGINE RATING : 450 BHP @ 3000 - 3300 RPM

MEDIUM SIZE UTILITY BOAT (PU-3, PU-6, PU-8, PU-9)

· MANUFACTURER: MARINETT MARINE CORPORATION

· BOAT TYPE: LCM 3 TYPE CLASS

· BOAT LENGTH: 50FT.

· BOAT WIDTH: 15FT.

· BOAT DRAFT: 4FT.

· ENGINE MANUFACTURER: CUMMINS ENGINE COMPANY INC.

· ENGINE MODEL: QSB-6.7

· PROPULSION ENGINE RATING : 380 – 480 BHP @2300 RPM

LARGE SIZE UTILITY BOAT (PU-4, PU-11)

· MANUFACTURER: MARINETT MARINE CORPORATION

· BOAT TYPE:LCM 6 TYPE CLASS

· BOAT LENGTH: 56 FT.

· BOAT WIDTH: 15 FT.

· BOAT DRAFT: 4 FT.

· ENGINE MANUFACTURER: CUMMINS ENGINE COMPANY INC.

· ENGINE MODEL: QSB-6.7

· PROPULSION ENGINE RATING : 380 – 480 BHP @2300 RPM

WORK BOAT (WB1401, WB1404, WB1405)

· MANUFACTURER: SEARK

· BOAT TYPE:WB 28FT WORK BOAT CLASS

· BOAT LENGTH: 28 FT.

· BOAT WIDTH: 12 FT.

· BOAT DRAFT: 4 FT.

· ENGINE MANUFACTURER: CUMMINS ENGINE COMPANY INC

· ENGINE MODEL: QSL 9.2

· PROPULSION ENGINE RATING : 380 – 480 BHP @2300 RPM

WORK BOAT (WB1602, WB1603, WB1604)

· MANUFACTURER: MODUTECH

· BOAT TYPE: WB 30FT WORK BOAT CLASS

· BOAT LENGTH: 30 FT.

· BOAT WIDTH: 14.92 FT.

· BOAT DRAFT: 5.58 FT.

· ENGINE MANUFACTURER: CUMMINS ENGINE COMPANY INC

· ENGINE MODEL: QSL 9.2

· PROPULSION ENGINE RATING : 380 – 480 BHP @2300 RPM

WORK BOAT (WB1501, WB1405)

· MANUFACTURER: MARINE GROUP

· BOAT TYPE:WB 28FT WORK BOAT CLASS

· BOAT LENGTH: 46 FT and 30 FT respectively.

· BOAT WIDTH: 16 FT 11 in AND 14 FT 11in respectively

· BOAT DRAFT: 4.4 FT and 5 FT respectively.

· ENGINE MANUFACTURER: CUMMINS ENGINE COMPANY INC

· ENGINE MODEL: QSL 9.2

· PROPULSION ENGINE RATING : 380 – 480 BHP @2300 RPM

2. DESCRIPTION OF REQUIREMENT AND REQUIRING ACTIVITY:

The requirement includes the periodic preventive maintenance services for Cummins diesel engines QSB 6.7, QSL 9.2, and QSM11 onboard of utility boat LCM 6 Type class, LCM 3 Type Class, and 25 ft. Barrier Boat and 30 FT Work boat. The requiring activity is COMFLEACT Port Operations, Yokosuka.

3. PLACE OF PERFORMANCE:

Port Operations, Bldg #5203/ J-87 Area Commander Fleet Activities Yokosuka, Japan

4. PERIOD OF PERFORMANCE:

01 September 2019 TO 30 August 2020

Maintenance performance requirement is in according with Cummins Diesel Engines Operation and Maintenance Manual for QSB 5.9, QSB 6.7, and QSM11 engines. This maintenance is to be completed within a 12 month period of receipt of contract to ensure no overlap and or exceeding engine hour maintenance up requirement of each utility boat.

The maintenances shall be completed by 30 Nov 2019 (3 months), 28 Feb 2020 (6 months) and 31 Aug 2020 (12 months).

5. PREVENTIVE/PERIODICAL MAINTENANCE SERVICES:

The Contractor shall perform the periodic preventive maintenance in accordance with the manufacturer’s Maintenance manual. The services shall be performed on site depending on the operational hours each propulsion engines during the performance period with mutually agreed upon schedule between the Contractor and the requiring activity. Qualified technician personnel are authorized to perform periodic maintenance on propulsion engines. Such services shall include but are not limited to, technical inspection, adjustment, cleaning, and replacement parts listed in Manufacturer’s manual and other service to keep the equipment in good condition.

6. LIST OF PREVENTIVE/PREDIODICAL MAINTENANCE FOR UTILITY BOATS:

PUSHER BOATS CUMMINS ENGINES YEALY MAINTENANCE

PU-3 / PU-4 / PU-6 / PU-8 / PU-9 / PU-11

3 MONTH MAINTENANCE: PUSHER BOAT CUMMINS ENGINES

BELT

SEA WATER PUMP

AIR CLEANER

ZINC

INTAKE AIR SYSTEM

SEA WATER SYSTEM

WIRE HARNESS

BATTERY CABLE INSPECTION

MARINE GEAR OIL INSPECTION

OIL LEAK INSPECTION

STERN TUBE GROUND INPECTION

STEERING WHEEL INSPECTION

HYDRAULIC CYLINDER INSPECTION

OIL LEAK INSPECTION

LINK ROD INSPECTION

GRIP, SHAKE, ODD SOUND INSPECTION

NAVIGATION LIGHT

HORN

ENGINE ROOM LIGHT

BILGE PUMP

BATTERY INSPECTION

TRANSPORTATION FEE

BUSINESS TRIP FEE

ESTIMATE FOR REPAIRS

SUB-TOTAL

6 MONTH MAINTENANCE: PUSHER BOAT CUMMINS ENGINES

REPLACEMENT OF FUEL FILTER #1 & #2

REPLACEMENT OF ENGINE OIL FILTER

CONSISTENCY OF COOLANT INSPECTION

WATER PRESSURE TEST/CAP INSPECTION

EXCHANGE MARINE GEAR OIL

PROPELLER SHAFT COUPLING GRIP CHECK

SUB-TOTAL

*+ 3 MONTH MAINTENANCE

12 MONTH MAINTENANCE: PUSHER BOAT CUMMINS ENGINES

AFTER COOLER O/H

MARINE GEAR OIL COOLER O/H

HEAT EXCHANGER O/H

ENGINE MOUNT BOLT INSPECTION

VALVE CLEARANCE INSPECTION

TURBOCHARGER INSPECTION

PROPELLER SHAFT CORE INSPECTION***

SUB-TOTAL

*+ 6 MONTH MAINTENANCE

** +3 Month Maintenance

*** Not inclusing adjustment fee

BEAVER BOATS CUMMINS ENGINES YEARLY MAINTENANCE

BB-1 / BB-2

3 MONTH MAINTENANCE: BEAVER BOAT CUMMINS ENGINE

BELT

SEA WATER PUMP

AIR CLEANER

ZINC

INTAKE AIR SYSTEM

SEA WATER SYSTEM

WIRE HARNESS

BATTERY CABLE INSPECTION

MARINE GEAR OIL INSPECTION

OIL LEAK INSPECTION

STERN TUBE GROUND INPECTION

STEERING WHEEL INSPECTION

HYDRAULIC CYLINDER INSPECTION

OIL LEAK INSPECTION

LINK ROD INSPECTION

GRIP, SHAKE, ODD SOUND INSPECTION

NAVIGATION LIGHT

HORN

ENGINE ROOM LIGHT

WIPER

BILGE PUMP

BATTERY INSPECTION

SEARCH LIGHT

TRANSPORTATION FEE

BUSINESS TRIP FEE

ESTIMATE FOR REPAIRS

6 MONTH MAINTENANCE: BEAVER BOAT CUMMINS ENGINE

REPLACEMENT OF FUEL FILTER

REPLACEMENT OF ENGINE OIL FILTER

CONSISTENCY OF COOLANT INSPECTION

WATER PRESSURE TEST/CAP INSPECTION

EXCHANGE MARINE GEAR OIL

PROPELLER SHAFT COUPLING GRIP CHECK

*+ 3 MONTH MAINTENANCE

12 MONTH MAINTENANCE: BEAVER BOAT CUMMINS ENGINE

AFTER COOLER O/H

MARINE GEAR OIL COOLER O/H

HEAT EXCHANGER O/H

ENGINE MOUNT BOLT INSPECTION

VALVE CLEARANCE INSPECTION

TURBOCHARGER INSPECTION

PROPELLER SHAFT CORE INSPECTION***

*+ 6 MONTH MAINTENANCE

** +3 Month Maintenance

*** Not inclusing adjustment fee

WORK BOAT CUMMINS ENGINES YEALY MAINTENANCE

WBM-1 / WBM-2 / WBM-3 / WBM-4 /WBM-5 / WBM-6 / WBL-1 / WBL-2

3 MONTH MAINTENANCE: WORK BOAT CUMMINS ENGINES

BELT

SEA WATER PUMP

AIR CLEANER

ZINC

INTAKE AIR SYSTEM

SEA WATER SYSTEM

WIRE HARNESS

BATTERY CABLE INSPECTION

MARINE GEAR OIL INSPECTION

OIL LEAK INSPECTION

STERN TUBE GROUND INPECTION

VOLUM OF OIL

OIL LEAK INSPECTION

LINK ROD INSPECTION

GRIP, SHAKE, ODD SOUND INSPECTION

NAVIGATION LIGHT

HORN

ENGINE ROOM LIGHT

WIPER

BILGE PUMP

BATTERY INSPECTION

SEARCH LIGHT

TRANSPORTATION FEE

BUSINESS TRIP FEE

ESTIMATE FOR REPAIRS

6 MONTH MAINTENANCE: WORK BOAT CUMMINS ENGINES

REPLACEMENT OF FUEL FILTER #1 & #2

REPLACEMENT OF ENGINE OIL FILTER

CONSISTENCY OF COOLANT INSPECTION

WATER PRESSURE TEST/CAP INSPECTION

EXCHANGE MARINE GEAR OIL

PROPELLER SHAFT COUPLING GRIP CHECK

*+ 3 MONTH MAINTENANCE

12 MONTH MAINTENANCE: WORK BOAT CUMMINS ENGINES

AFTER COOLER O/H

MARINE GEAR OIL COOLER O/H

HEAT EXCHANGER O/H

ENGINE MOUNT BOLT INSPECTION

VALVE CLEARANCE INSPECTION

TURBOCHARGER INSPECTION

PROPELLER SHAFT CORE INSPECTION***

*+ 6 MONTH MAINTENANCE

** +3 Month Maintenance

*** Not inclusing adjustment fee

7. SERVICES AND CORRECTIVE MAINTENANCE OF REPAIR:

Contractor can make Gov’t approved repairs as long as it doesn’t exceed $7,500.00 or repairs will be processed through a separate action. Separate action shall include making a new contract or using Gov’t credit card purchase to fund the growth work repairs.

8. CONTRACTOR EXPERIENCE/TRAINING:

The Contractor shall provide upon documentation that the service personnel have received training and experience in repairing and/or maintaining the equipment covered herein.

9. REPORTING TO PORT OPERATIONS BEFORE AND AFTER SERVICE:

Inspection and acceptance of the preventive maintenance hereunder shall be made by the Port Ops Maintenance Officer or higher of the requiring activity. The Contractor shall report to the Port Operation Maintenance Officer or authorized crew personnel prior to and upon completion of each service. Upon completion of the service, the Contractor shall provide a copy of the service slip, signed by the Department Technician, certifying that the service has been performed and that the equipment is functioning at working condition. If the service is performed or completed outside the regular working hours, the Contractor shall present the certified service slip to the Command Duty Officer.

10. SERVICE SLIPS:

All Cummins diesel engines service slips must contain the following minimal information:

11. REPLACEMENT PARTS:

All maintenance part and replacement parts will be provided from CONTRACTOR prior commence maintenance. Consumable items, accessories, and items not connected electrically or mechanically to the equipment are excluded from such replacement parts.

12. SERVICES PERFORMANCE TIME:

The scheduled Maintenance services shall be performed from 0800 to 1600, Monday through Friday. (Depending of ship job schedule and tug boat availability) On Saturday, Sunday and Japanese holiday, contractor shall provide services from 0800 to 1600 but ‘Limited manpower’ is available. (Depending of ship job schedule and tug boat availability) Any other hours as mutually agreed upon between the Contractor and the requiring activity.

For phone call support during working operational hours (0800-1600, Monday through Friday):

CFAY Port Operations Maintenance Office

CONUS: 11-81-46-816-9072

DSN: 243-9072

CFAY Port Operations Service Craft Office

CONUS: 11-81-46-816-7370

DSN: 243-7370

CFAY Port Operations Port Control Dispatcher Office (after working hours)

CONUS: 11-81-46-816-7366

DSN: 243-7366

(End of SOW)

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Contracting Officer's Representative (COR) is responsible for:

(1) Liaison with the Contractor personnel at the performance place, including coordination of boat maintenance services with the Contractor according to ship's schedule.

(2) Providing technical advice, recommendations, and/or clarifications on the statement of work.

(3) Monitoring contractor performance and quality assurance of services performed by the Contractor.

(4) Inspection, acceptance, and rating of the contractor's performance including evaluation for PBSC concept.

(5) Certification of all invoices submitted by the Contractor.

(6) Maintenance of a COR file.

(7) Evaluation of the Condition Report.

(8) Surveillance of Contractor's Performance in accordance with the Quality Assurance Surveillance Plan.

The following individual is going to be assigned as authorized COR:

LT MUNIZ, DANIEL

SERVICE CRAFT OFFICER

E-MAIL: Daniel.Muniz1@fe.navy.mil

CONTACT PHONE NUMBER (CONUS): 11-81-46-816-7389

DSN: (315) 243-7389

MMC HERNANDEZ, KELVIN

MAINTENANCE CHIEF

E-MAIL: Kelvin.Hernandez@fe.navy.mil

CONTACT PHONE NUMBER (CONUS): 11-81-46-816-9072

DSN: 243-9072

It is emphasized that only the Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the contractor and any other person including COR be effective or binding on the Government. When/if, in the opinion of the contractor, an effort outside the existing scope of the contract is requested, the COR shall promptly notify the Contracting Officer in writing. No action must be taken by the COR unless the Contracting Officer has issued a contractual change.

When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract (or delivery order), the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor under such direction until the Contracting Officer has issued a modification to the contract (or delivery order) or has otherwise resolved the issue.

PERFORMANCE BASED SERVICE CONTRACT (PBSC)

The Government acquires the services through this contract based on PBSC concept. Quality Assurance Surveillance Plan (QASP) is described below.

Quality Assurance Surveillance Plan (QASP) for the Maintenance of Cummins Boat Engines

a. Objective: This QASP has been developed by the Government in providing effective and systematic surveillance for the maintenance of Cummins Boat Engines. The QASP provides the methodology by which a Contractor’s performance will be monitored to determine compliance with standard performance objectives. The plan is designed so that surveillance is limited to that which is necessary to verify that the Contractor is performing the services satisfactorily and relates directory to performance objectives of the SOW.

Regulation Compliance

Whether or not the Contractor is in compliance with all applicable federal, state and local regulations, laws and ordinances.

COR.

c. Evaluation and Rating: The COR will report the Contractor’s performance in each operation and rate the performance by using the form of “Contractor’s Performance Evaluation Sheet” (Attachment (I)) and submit to the Contracting Officer on a quarterly basis. In case any inconsistency or deficiency is found, the COR will record it on the form and attach any related document to the form. The Government will rate the Contractor’s performance using the following adjectival ratings:

EXCEPTIONAL (E): The services performed by the Contractor are considered to have exceeded the performance standards described above and demonstrate a good probability of success without any problems during the remaining period of the contract.

VERY GOOD (VG): The services performed by the Contractor are considered to have satisfied the performance standards described above and demonstrate a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems without any damage to the Government.

SATISFACTORY (S): The Contractor’s performance is considered to have substantially met the stated performance standards described above and demonstrates a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems with minimal damage to the Government. Although some minor inconsistency or weakness exists, it can be readily corrected.

MARGINAL (M): The Contractor’s performance is considered to have partially failed meeting the stated performance standards, and the response to correct the deficiency was marginal. That is, a substantial number of the Contractor’s record responses “good,” but a deficiency or weakness exists, and it/they may be susceptible or correction through the exchange of information. There is marginal probability of success during the remaining period of the contract.

UNSATISFACTORY (U): The Contractor failed meeting one or more of the stated performance standards, and failure was considered “major.” Even if the failure was minor, the Contractor did not or could not correct the deficiency properly and/or if adversely affected the Government operation. In such a case, probability to success during the remaining period of the contract is minimal unless a proper corrective action is made.

In case the Contractor’s performance is rated either “Marginal” or “Unsatisfactory”, the Contractor shall take a corrective action(s) to all deficiencies identified 30 days before the next term begins.

Note: The COR will assess the overall rating based on all the three (3) performance standards above with comments. All three (3) factors are equally important and the comment from the COR is mandatory.

d. Record of Evaluation: The Contracting Officer will maintain a complete QASP file. All records will be retained and considered when deciding if it is in the best interest of the Government to exercise an option to extend the term of the contract or enter into a new contract.

INSPECTION AND ACCEPTANCE

The Contractor shall obtain a signed receipt from an authorized U.S. Government representative at the completion of the delivery.

LIST OF ATTACHMENTS

CONTRACT ADMINISTRATION

Contract Administration Appointments and Duties: In order to expedite administration of this contract/order, the following delineation of duties is provided including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.

(a) Procuring Contracting Officer (PCO) is responsible for:

0. Solicitation information/questions;

0. All pre-award information, questions, or data;

0. Freedom of information inquiries;

0. Change/question/information regarding the scope, terms or conditions of the basic contract document; and/or

0. Arranging the post award conference (See FAR 42.503-1).

(Contracting Dept.) Box 11 1 banchi, Tomari-cho, Yokosuka-shi 238-0001 Tel: (046) 816-8398 Fax: (046) 825-7298

1. Contract Administration Office (CAO), which is the same as the PCO above, is responsible for matters specified in FAR 42.302 and DFARS 243.302 except in those areas otherwise designated herein.

OTHERS:

It is emphasized that only the PCO has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action must be taken unless the PCO has issued a contractual change.

When, in the opinion of the Contractor, the Contractor requests effort outside the existing scope of the contract (or delivery order), the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor under such direction until the Contracting Officer has issued a modification to the contract (or delivery order) or has otherwise resolved the issue.

EFT (Payment by JPY): The Contractor must agree to receive payment by EFT. Transaction fee (currently ¥735) will be deducted by the Financial Institution (Bank of America) making payment.

Invoice Instructions: The Contractor shall submit an invoice in accordance with DFARS 252.232-7003 and 252.232-7006 via WAWF.

Designated Payment Office: Payment will be made by the following office:

Defense Finance and Accounting Service Bldg. 206 Unit 5220 Code JRLG Yokota Air Base Fussa-shi, 197-0001 Japan

CLAUSES INCORPORATED BY REFERENCE

The following FAR provisions and clauses are applicable to this procurement:

52.202-1, Definitions;

52.203-3, Gratuities;

52.204-7, System for Award Management;

52.204-13, System for Award Management Maintenance;

52.204-22, Alternative Line Item Proposal 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation;

52.212-1, Instructions to Offerors - Commercial Items;

52.212-4, Contract Terms and Conditions - Commercial Items;

52.225-14, Inconsistency between English Version and Translation of Contract;

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications;

52.229-6, Taxes--Foreign Fixed-Price Contracts;

52.232-39, Unenforceability of Unauthorized Obligations;

52.232-40, Providing Accelerated Payments to Small Business Subcontractors;

52.247-34, F.O.B. Destination;

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-2, Evaluation--Commercial Items (Oct 2014):

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price considered. The following factor shall be used to evaluate offers:

Price

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

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