N6274224C6722 conformed contract.pdf

CONTRACT NO.

N6274224C6722

D/B CONSTRUCT MARITIME TRAINING

FACILITIES, KUCHING, SARAWAK,

MALAYSIA

TABLE OF CONTENTS

PART 1, PROPOSAL FORMS & DOCUMENTS

SECTION SUBJECT PAGE

00 10 00 SECTION FORM 1442 1

00 70 00 CONDITIONS OF THE CONTRACT 10

00 73 00 SUPPLEMENTARY CONDITIONS 18

AMENDMENT 0002

AMENDMENT 0001

PART 2, GENERAL REQUIREMENTS

PART 3, STATEMENT OF WORK / PROJECT PROGRAM

PART 4, MINIMUM MATERIALS, ENGINEERING AND CONSTRUCTION REQUIREMENTS

PART 5: PRESCRIPTIVE SPECIFICATIONS

--Not Used--

PART 6, ATTACHMENTS

ACQR6066342

REQUEST FOR PROPOSAL N6274224R6722

Project Title: D/B Construct Maritime Training Facilities, Kuching, Saraw ak, Malaysia

a. This project is being solicited utilizing Low est Price Technically Acceptable (LPTA) Source Selection procedures. Offers are required to submit both price and technical proposals for this solicitation per instructions w ithin.

b. Part 1: Proposal Form and Documents

(1) Section 001000 – Section Form 1442

(2) Section 002100 – Instructions

(3) Section 002200 – Supplementary Instructions

(4) Section 004500 – Representations and Certif ications

(5) Section 007000 – Condition of the Contract

(6) Section 007300 – Supplementary Conditions

c. Standard Form (SF) 1442 Attachments:

(1) Part 2: General Requirements

(2) Part 3: Statement of Work/Project Program

(3) Part 4: Minimum Materials, Engineering and Construction Requirement

(4) Part 6: Attachments

NITIWATE DISSANONT 662-287-1036 EXT. 121

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

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

NEGOTIATED

17-Sep-2024

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________400 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________28 Aug 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

N6274224C6722

7. ISSUED BY CODE

NAVFAC ROICC THAILAND (US EMBASSY)

7 SATHORN TAI ROAD

BANGKOK THAILAND 10120

N62742

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

N6274224R67220002 20

See Item 7

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE

1259Z

FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$564,289.22 See Schedule

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE N6873227. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

DEFENSE FINANCE AND ACCOUNTING SERVICE

DFAS-CLEVELAND

PACIFIC ACCOUNTS PAYABLE

PO BOX 998023

CLEVELAND OH 44199

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR

PT IMEMBA CONTRACTORS

JALAN SATRIA RAYA BLOK IV NO. 8 BUMI SATRIA K

BEKASI, 17144

INDONESIA

15. TELEPHONE NO. (Include area code) (62-21) 8868304705

See Item 14

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

30B. SIGNATURE

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

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

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF: N6274224R6722_0002

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

30C. DATE

(Type or print) Rondel G. Williams / Contract Specialist

TEL: 66-2-287-1036 EMAIL: rondel.g.williams.civ@us.navy.mil

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

BY 18-Sep-2024

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

CONTRACT NOTE

A. Items offered in the contractor’s proposal (e.g., key personnel, subcontractors, materials, etc.) are binding on the contractor and shall be provided for the duration of the contract. Substitutions will require prior Contracting Officer’s approval and shall be equal or better, in the judgment of the Contracting Officer, than the items originally proposed.

B. The offeror agrees to perform the work required by the solicitation issued July 22, 2024, Amendment 0001 issued August 21, 2024, and Amendment 0002 issued August 23, 2024, at the price proposed on August 28, 2024, in the total amount of $ $564,289.22 that was confirmed on September 4, 2024.

C. Award is made U.S. Dollar in the total amount of $564,289.22 for the CLINs listed below:

CLIN 0001: Renovate Barracks – $414,358.09 CLIN 0002: Renovate Dining Facility - $63,332.44 CLIN 0003: Option Item 0001 Renovate Training Facility – $27,278.63 CLIN 0004: Option Item 0002 Renovate Maintenance Facility - $59,320.06

D. Contract completion dates (FAR 52.211-10) is October 22, 2025, and Liquidated Damages (FAR 52.211-12) for each calendar day of delay are as follows:

CLIN 0001 Renovate Barracks - $335 per day CLIN 0002 Renovate Dining Facility - $70 per day CLIN 0003 Option Item 0001 Renovate Training Facility - $40 per day CLIN 0004 Option Item 0002 Renovate Shore Maintenance Facility - $55 per day

E. Part 2 through 6 were previously provided and hereby made part of this award.

F. The Contracting Officer Representative (COR) for this contract is Willy Sanjaya, email sanjayaw@state.gov.

The Contract Specialist (CS) for this contract is Nitiwate Dissanont, email nitiwate@state.gov.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project $414,358.09 $414,358.09 Renovate Barracks

FFP

This is a Design-Build project. The contractor shall provide complete design and renovation of Barracks, located at Malaysia Maritime Enforcement Agency Compound, Kuching, Sarawak, Malaysia, in accordance with the Parts 2-6 attached here within.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR6066342

PSC CD: Z2JZ

NET AMT $414,358.09

000101 $0.00

FUND ACRN AA

FFP

Funding Doc. No. N4785324RXCB002 Customer ACRN: AA

MILSTRIP: N4785324RXCB002

NET AMT $0.00

ACRN AA

CIN: 000000000000000000000000000000

$414,358.09

0002 1 Project $63,332.44 $63,332.44 Renovate Dining Facility

FFP

This is a Design-Build project. The contractor shall provide complete design and renovation of Dining Facility, located at Malaysia Maritime Enforcement Agency Compound, Kuching, Sarawak, Malaysia, in accordance with the Parts 2-6 attached here within.

FOB: Destination

NET AMT $63,332.44

000201 $0.00

FUND ACRN AA

FFP

$63,332.44

0003 1 Project $27,278.63 $27,278.63

EXERCISED

OPTION

Option Item 0001 Renovate Training Fac

FFP

This is a Design-Build project. The contractor shall provide complete design and renovation of Training Facility, located at Malaysia Maritime Enforcement Agency Compound, Kuching, Sarawak, Malaysia, in accordance with the Parts 2-6 attached here within.

FOB: Destination

NET AMT $27,278.63

000301 $0.00

FUND ACRN AA

FFP

$27,278.63

0004 1 Project $59,320.06 $59,320.06

EXERCISED

OPTION

Option Item 0002 Renovate Maint Facility

FFP

This is a Design-Build project. The contractor shall provide complete design and renovation of Shore Maintenance Facility, located at Malaysia Maritime Enforcement Agency Compound, Kuching, Sarawak, Malaysia, in accordance with the Parts 2-6 attached here within.

FOB: Destination

NET AMT $59,320.06

000401 $0.00

FUND ACRN AA

FFP

$59,320.06

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 22-OCT-2025 1 NAVFAC ROICC THAILAND

US EMBASSY JAKARTA

ANNEX BUILDING

JAKARTA,

INDONESIA

6221-3435-9617 FOB: Destination

N62742

000101 N/A N/A N/A N/A

0002 22-OCT-2025 1 NAVFAC ROICC THAILAND

US EMBASSY JAKARTA

ANNEX BUILDING

JAKARTA,

INDONESIA

6221-3435-9617

000201 N/A N/A N/A N/A

0003 22-OCT-2025 1 NAVFAC ROICC THAILAND

US EMBASSY JAKARTA

ANNEX BUILDING

JAKARTA,

INDONESIA

6221-3435-9617

000301 N/A N/A N/A N/A

0004 22-OCT-2025 1 NAVFAC ROICC THAILAND

US EMBASSY JAKARTA

ANNEX BUILDING

JAKARTA,

INDONESIA

6221-3435-9617

000401 N/A N/A N/A N/A

ACCOUNTING AND APPROPRIATION DATA

AA: 1741804 11CM 254 03211 0 050120 2D 000000

COST CODE: A00008452005

AMOUNT: $564,289.22

ACRN CLIN/SLIN CIN AMOUNT

AA 000101 000000000000000000000000000000 $414,358.09

000201 000000000000000000000000000000 $63,332.44 000301 000000000000000000000000000000 $27,278.63 000401 000000000000000000000000000000 $59,320.06

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 000101 N/A N/A N/A N/A 0002 Destination Government Destination Government 000201 N/A N/A N/A N/A 0003 Destination Government Destination Government 000301 N/A N/A N/A N/A 0004 Destination Government Destination Government 000401 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov/ - or -https://www.acq.osd.mil/dpap/dars/about.html

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

MAY 2024

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.222-50 Combating Trafficking in Persons NOV 2021 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States

MAY 2020

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

MAY 2024

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984

52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.227-7002 Readjustment Of Payments SEP 2019 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the Contract Award Document (SF1442), (b) prosecute the work diligently, and (c) complete the entire work for both Base Bid and Option items ready for use not later than Four Hundread (400) calendar days after Contract Award. The time stated for completion shall include final cleanup of the premises.

CLIN 0001 Renovate Barracks - Four Hundread (400) Calendar Days CLIN 0002 Renovate Dining Facility - Four Hundread (400) Calendar Days CLIN 0003 Option Item 0001 Renovate Training Facility - If any Option Item is awarded/exercised, the contract period of performance will not be extended.

CLIN 0004 Option Item 0002 Renovate Maintenance Facility - If any Option Item is awarded/exercised, the contract period of performance will not be extended.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount for each calendar day of delay until the work is completed or accepted.

CLIN 0001 Renovate Barracks $335 per day CLIN 0002 Renovate Dining Facility $70 per day CLIN 0003 Option Item 0001 Renovate Training Facility $40 per day CLIN 0004 Option Item 0002 Renovate Shore Maintenance Facility $55 per day

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option unilaterally by modification to the Contractor within ninety (90) calendar days from contract award for Option Items 0001 and 0002. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022)

(a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of contractor employee whistleblower rights and protections under 10 U.S.C. 4701, as described in subpart 203.9 of the Defense Federal Acquisition Regulation Supplement.

(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.

252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

252.229-7001 TAX RELIEF (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: Not applicable for this project, DOD has been unable to obtain VAT waivers for contractors performing in this area. All offers should include VAT as applicable.

RATE (PERCENTAGE): Not applicable for this project, DOD has been unable to obtain VAT waivers for contractors performing in this area. All offers should include VAT as applicable.

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

NAVCON

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N68732

Issue By DoDAAC N62742

Admin DoDAAC** N62742/THAI

Inspect By DoDAAC N62742/THAI

Ship To Code N62742/THAI

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N62742/THAI

Service Acceptor (DoDAAC) N62742/THAI

Accept at Other DoDAAC N/A

LPO DoDAAC N62742/THAI

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(g) WAWF point of contact.

NAVFAC_PAC_WAWF_THAI@us.navy.mil

Mr. Rondel Williams Contracting Officer Email: williamsrg@state.gov

Mr. Nitiwate Dissanont Contract Specialist Email: nitiwate@state.gov

Ms. Kannikar Pakkhunthot Admin Associate Email: Kannikar@state.gov

Mr. Willy Sanjaya Contracting Officer’s Representative Email: sanjayaw@state.gov

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Mr. Jason Ho Procurement Analyst jason.w.ho.civ@us.navy.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section 00 73 00 - Supplementary Conditions

PAPERLESS CONTRACTING

The U.S. Navy (hereafter referred to as the Government) intends to administer any contract awarded under this solicitation using paperless contracting methods to the greatest extent practicable. Paperless contracting involves the use of an electronic medium such as the Internet, computer diskettes, CDROM, DVDROM, or electronic mail (email) in place of paper documents to award, solicit, or administer a contract.

In order to facilitate the use of paperless contracting methods, the Contractor shall possess the capability to communicate and exchange authenticated documents with the Government electronically during the contract performance period. Such capability shall include the ability to receive, acknowledge, reply to, and send documents via electronic mail. Additionally, such capability shall not require or be contingent upon any modification or upgrade to existing Government software. The Contractor also agrees to maintain such capability notwithstanding any changes or modifications to existing Government software during the contract performance period so long as the Government provides reasonable notice and any equipment and/or software required to maintain such capability is commercially available.

The Contractor shall utilize the paperless contracting capability described above as directed by the contracting officer during the contract performance period. Documents, which may be required to be exchanged electronically, include, but are not limited to, task orders, modifications, requests for cost proposals, and other routine correspondence. Exceptions to the contracting officer's direction may be granted in unusual circumstances with the prior approval of the contracting officer.

Both the Contractor and the Government agree to share all such technical information as is necessary to facilitate efficient and reliable electronic communications during the period of contract performance. Such information may include such data as e-mail addresses, available software, and mutually agreed procedures, but shall not include any information the disclosure of which would violate any applicable licenses or other agreements. In case of any technical difficulties precluding the use of electronic communications, both the Government and the Contractor agree to work in good faith to resolve any such difficulties.

For informational purposes, the Government anticipates that its contracting personnel will utilize the following computer software programs during the administration of this contract: Microsoft Office (Excel, Word, and Project), Adobe Acrobat, and AutoCAD.

HOST NATION REQUIREMENTS

Contractor Licensing and Hiring Requirements Contractors must be duly authorized to operate and conduct business in any host country and must fully comply with all laws, decrees, labor standards, and regulations of the host country during the performance of the contract. The United States has established international agreements with Malaysia that include provisions relating to the procurement of supplies, employment preferences and use of local and U.S. contractors, as well as restrictions on hiring of third country nationals or utilization of third country contractors. Offerors are expected to comply with all controlling international agreements and with the laws of host nations whether the United States Government provides notice of the existence of such requirements. The contractor will not be permitted use of third country personnel or contractors in the performance of this contract without a demonstration that reasonable efforts to employ citizens, nationals, and permanent residents of host nation and the United States, or contractors of the host nation and the United States, have been made and that wages competitive with or higher than those being paid for similar work performed in the host nation by citizens of the host nation or of the United States are being offered.

The contractor shall not employee third country personnel or contractors without written notification of United States approval from the Contracting Officer.

Permit Compliance

The United States does not directly hold environmental permits in the host nation. The contractor shall comply with environmental permits held by the host nation for the benefit of a DoD project even if the contractor is not named in the permit. Contractor shall document general procedures and their implementation for compliance with permit conditions, Best Management Practices, and required mitigations. Contractor shall be responsible for any required corrective actions. Contractor shall provide permit compliance and corrective action documentation to the COR and any additional Government and Host Nation representatives as requested by the COR.

Temporary Construction Facilities Physical Appearance Be aware of local sensitivities and cultural values. Temporary facilities and visible components thereof shall be of solid color without visible markings, graphics, and/or text.

Biosecurity for Construction Contracts Invasive species can be purposefully or inadvertently moved with construction equipment, personal protective equipment and hand tools, foot traffic, vehicles and vessels, raw construction materials, and packing materials.

Invasive species can become pests and affect the economy, ecology, and human health. It is critically important to be aware of ways to prevent the movement of invasive species and implement best management practices. The Contractor shall take all practicable measures to prevent introduction or spread of invasive species in association with contract performance, including importation of supplies, equipment or personnel and movement of supplies, equipment, or personnel between locations. At a minimum, all activities shall comply with U.S. and host nation biosecurity laws and regulations, shall include 100 percent inspection of equipment and supplies. If the contract performance results in introduction or spread of invasive species, the contractor shall be responsible for taking appropriate measures, in consultation with appropriate authorities, to contain and prevent contract related spread of such species at no additional cost to the government. In addition, the Contractor shall:

a. Comply with all necessary inspections of raw construction materials, equipment, and vehicles for invasive and pest species prior to entering of the project site and prior to moving equipment offsite. The Contractor is responsible for any cleaning or inspection fees.

b. Non-native invasive species can be inadvertently moved with construction equipment, Personal protective equipment, hand tools, foot traffic, vehicles, vessels, raw construction materials, and packing materials.

c. Conduct vehicle washdown and inspection for soil and other material to prevent the inadvertent movement of invasive species from the project site to other locations. Establish appropriate facilities that comply with all environmental laws and regulations, and promptly take corrective or preventative actions for noncompliance. Include these details in a biosecurity/Hazard Analysis and Critical Control Point (HACCP) plan and environmental briefs.

d. Submit a biosecurity/HACCP Plan, prepared in accordance with USFWS HACCP Manual for all imported equipment and imported construction materials and supplies. The HACCP plan must address, as a minimum, the identification and control of invasive and non-native species in construction equipment and construction materials and supplies.

e. Implement and update the HACCP plan accordingly to reduce the risk of spreading invasive species. The HACCP development team should include at least two members, one member with biological expertise with invasive species and one member from the project team who has a clear understanding of the project activities and requirements. Contractor is responsible for training all personnel on the project specific HACCP requirements once the plan is approved by the Government.

f. The Contractor must compile all supporting documentation (e.g. reports, checklists and logs) required under their HACCP Plan and submit such documents to the Contracting Officer on a monthly basis. Once all HACCP plan activities are complete, bound hardcopies of the plan and all supporting documentation and submit to the Contracting Officer.

CONTRACTING OFFICER AUTHORITY

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

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

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

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

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

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

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

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

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

4. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the changes and shall immediately notify the Contracting Officer.

(End of NAVFAC language)

ACQR6066342

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

N6274224R6722 D/B Construct Maritime Training Facilities, Kuching, Saraw ak, Malaysia

The amendment begins on the next page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

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

16C. DATE SIGNED

BY 24-Aug-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 N6274224R6722

X 9B. DATED (SEE ITEM 11)

22-Jul-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

23-Aug-2024

CODE

NAVFAC ROICC THAILAND (US EMBASSY)

7 SATHORN TAI ROAD

BANGKOK 10120

N62742 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6274224R6722

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:

AMD2 ANSWERS TO PPIS

A. Part 1, Section 2.3 Evaluation Factors and Proposal Submission Requirements, Item a., Volume 2, Non-Cost Factor 4, Technical Solution, (b) Basis of Evaluation, is revised per the following:

Changed from:

(b) Basis of Evaluation: The Government will evaluate the narrative, and conceptual drawings considering the extent to which the Offeror demonstrates a clear understanding of the architectural and engineering requirements of the project. The Government will evaluate the Offeror's technical solution to determine adherence to the technical requirements of the RFP.

i. Acceptable. Narrative, and all required drawings, are submitted; the narrative accurately describes the requirements, the drawings address all key aspects of the project and are adequate to use for creating detailed design drawings, The Offeror illustrates understanding of the statement of the requirements.

ii. Unacceptable. The Offeror did not submit a narrative, all required drawings or the drawings submitted do not address all key aspects of the project or are not adequate to use for creating detailed design drawings. The Offeror did not illustrate understanding of the statement of the requirements.

To:

(b) Basis of Evaluation: The Government will evaluate the conceptual drawings considering the extent to which the Offeror demonstrates a clear understanding of the architectural and engineering requirements of the project. The Government will evaluate the Offeror's technical solution to determine adherence to the technical requirements of the RFP.

i. Acceptable. All required drawings are submitted; the drawings address all key aspects of the project and are adequate to use for creating detailed design drawings, The Offeror illustrates understanding of the statement of the requirements.

ii. Unacceptable. The Offeror did not submit all required drawings or the drawings submitted do not address all key aspects of the project or are not adequate to use for creating detailed design drawings. The Offeror did not illustrate understanding of the statement of the requirements.

B. A. Part 1, Section 00 73 00 - Supplementary Conditions, Host Nation Requirements, the second paragraph is revised per the following:

Changed from:

Contractor Licensing and Hiring Requirements Contractors must be duly authorized to operate and conduct business in any host country and must fully comply with all laws, decrees, labor standards, and regulations of the host country during the performance of the contract. The United States has established international agreements with the Philippines that include provisions relating to the procurement of supplies, employment preferences and use of local and U.S. contractors, as well as restrictions on hiring of third country nationals or utilization of third country contractors. Offerors are expected to comply with all controlling international agreements and with the laws of host nations whether the United States Government provides notice of the existence of such requirements. The contractor will not be permitted use of third country personnel or contractors in the performance of this contract without a demonstration that reasonable efforts to employ citizens, nationals, and permanent residents of host nation and the United States, or contractors of the host nation and the United States, have been made and that wages competitive with or higher than those being paid for similar work performed in the host nation by citizens of the host nation or of the United States are being offered.

The contractor shall not employee third country personnel or contractors without written notification of United States approval from the Contracting Officer.

Contractors must be duly authorized to operate and conduct business in any host country and must fully comply with all laws, decrees, labor standards, and regulations of the host country during the performance of the contract. The United States has established international agreements with Malaysia that include provisions relating to the procurement of supplies, employment preferences and use of local and U.S.

contractors, as well as restrictions on hiring of third country nationals or utilization of third country contractors. Offerors are expected to comply with all controlling international agreements and with the laws of host nations whether the United States Government provides notice of the existence of such requirements. The contractor will not be permitted use of third country personnel or contractors in the performance of this contract without a demonstration that reasonable efforts to employ citizens, nationals, and permanent residents of host nation and the United States, or contractors of the host nation and the United States, have been made and that wages competitive with or higher than those being paid for similar work performed in the host nation by citizens of the host nation or of the United States are being offered.

The contractor shall not employee third country personnel or contractors without written notification of United States approval from the Contracting Officer.

C. Answers to Pre-Proposal Inquiries (PPIs) are provided in Attachment-01 Questions & Answers of this amendment. As a result of the provided answers, Attachment-02, summarizing changes under Parts 3, and Attachment-03 Revised BOQ are incorporated into the solicitation.

The date set for receipt of proposals is unchanged and remains on August 28, 2024 at 1100am, Thailand Time.

All other paragraphs, provisions, and conditions remain unchanged.

The offeror must acknowledge receipt of this amendment.

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

The following have been modified:

EVALUATION FACTORS FOR AWARD

Section 002200 – Supplementary Instructions

PART I - GENERAL

1.1 SOURCE SELECTION

This competitive procurement uses source selection procedures to select the responsible Offeror whose proposal conforms to the requirements of the solicitation and is determined to provide the best value to the Government, price and other factors considered. The Government will use the Lowest Price Technically Acceptable (LPTA) method to evaluate proposals submitted in response to this solicitation. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with Offerors in the competitive range; and to award the contract to the Offeror submitting the lowest priced, technically acceptable (LPTA) proposal.

Per NPGI 15.101-2 (DFARS) Lowest price technically acceptable (LPTA) source selection process. (Business Rule), the number of proposals to be evaluated for technical acceptability may be limited to the lowest priced offers at the discretion of the Contracting Officer. If the number of proposals to be evaluated is limited, the technical proposal shall be provided to the evaluator(s) without any identification of price. If the lowest priced proposal is not found to be technically acceptable then the next lowest price proposal shall be evaluated. If that proposal is also not found to be technically acceptable, then the process described will be conducted again as many times as necessary, until such time as the Government identifies a technically acceptable proposal. The source selection method must be included in the request for proposal. If the Contracting Officer later determines that discussions are necessary, the procedures in FAR 15.306 shall be followed.

1.2 INTENT TO AWARD WITHOUT CONDUCTING DISCUSSIONS

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.

1.3 BASIS OF AWARD

An overall non-price factor rating must be at least “ACCEPTABLE” in order to be eligible for award. An “UNACCEPTABLE” rating in any factor results in the overall non-price factor proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price factor rating of “UNACCEPTABLE” make a proposal ineligible for award.

Definitions:

Technical Acceptable/Unacceptable Ratings:

Acceptable: Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable: Proposal does not clearly meet the minimum requirements of the solicitation.

Past Performance Acceptable/Unacceptable Ratings:

Acceptable: Based on the Offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the Offeror’s performance…