SF1442_HM047624R0029_20240531.pdf

UNCLASSIFIED

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION CALL

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Nat'l Geospatial-Intelligence Agen

ATTN: OCSE/MS: S84-OCSE

7500 GEOINT DRIVE

SPRINGFIELD VA 22150

OCSE

Chanet Stewart, OCS-E Contract Specialist

CHANET.N.STEWART@NGA.MIL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

1x

HM047624R0029

INVITATION FOR BID

REQUEST FOR PROPOSAL

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

The overall objective of the Tokyo Secure Space Construction (TSSC) design-build requirement is to construct/renovate three (3) secure office spaces at the US

Embassy in Tokyo, Japan. The awarded contractor shall provide design, logistical and construction services. Design and construction work shall comply with Department of

State (DoS) and Department of Defense (DoD) design and construction standards and will involve complete demolition and rebuilding of three (3) office spaces.

11. The Contractor shall begin performance within

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

1 441 calendar days and complete it within ________________ ________________ calendar days after receiving

07/26/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

P.O.C. Chanet Stewart Email: Chanet.Stewart@nga.mil

21STEWART

David S. Baer

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 24

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

HM047624R0029

Effect a design-build project to deliver secure office spaces at the U.S. Embassy in Tokyo, Japan. Secure requisite design, logistical and construction services to completely demo and rebuild three office spaces in the U.S. Embassy

Tokyo.

Period of Performance: 09/01/2024 to 11/15/2025

0001 Pre-Construction & Permit Attainment 10 MO

Product/Service Code: Y1AB

Product/Service Description: CONSTRUCTION OF

CONFERENCE SPACE AND FACILITIES

0002 Construction Phase 1: Mobilization, Construction 2 MO

711 & 721, Accreditation

Product/Service Code: Y1AB

Product/Service Description: CONSTRUCTION OF

CONFERENCE SPACE AND FACILITIES

0003 Construction Phase 2: Construction 721A & 722, 1.5 MO

Accreditation

Product/Service Code: Y1AB

Product/Service Description: CONSTRUCTION OF

CONFERENCE SPACE AND FACILITIES

0004 Project Closeout 1 MO

Product/Service Code: Y1AB

Product/Service Description: CONSTRUCTION OF

CONFERENCE SPACE AND FACILITIES

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B - Supplies or Services/Prices

B.1 Supplies or Services/Prices

Item Number Description Quantity Unit Unit Price Amount

0001 10 MO

Pre-Construction & Permit Attainment Award Type: Firm-fixed-price Product/Service Code: Y1AB Product/Service Description: CONSTRUCTION

OF CONFERENCE SPACE AND FACILITIES

0002 2 MO

Construction Phase 1: Mobilization, Construction 711 & 721, Accreditation Award Type: Firm-fixed-price Product/Service Code: Y1AB Product/Service Description: CONSTRUCTION

OF CONFERENCE SPACE AND FACILITIES

0003 1.5 MO

Construction Phase 2: Construction 721A & 722, Accreditation Award Type: Firm-fixed-price Product/Service Code: Y1AB Product/Service Description: CONSTRUCTION

OF CONFERENCE SPACE AND FACILITIES

0004 1 MO

Project Closeout Award Type: Firm-fixed-price Product/Service Code: Y1AB Product/Service Description: CONSTRUCTION

OF CONFERENCE SPACE AND FACILITIES

SECTION C - Description/Specifications

C.1 Description/Specifications

Please refer to the Tokyo Secure Space Construction Statement of Work (SOW), which is Attachment 0001 of RFP

HM047624R0029.

SECTION D - Packaging and Marking

D.1 Packaging and Marking

This section is intentionally left blank.

SECTION E - Inspection and Acceptance

E.1 Inspection and Acceptance

SECTION F - Deliveries or Performance

F.1 Deliveries or Performance

Item/Sub Number

Item Description Quantity Unit Of

Issue Delivery Address Delivery Timeframe

F.2 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS. (APR 1984)

Place of Performance:

The location for the work shall be primarily at the U.S. Embassy Tokyo, Japan, with some potential support at the contractor’s facility.

Period of Performance (PoP) This order will be a Firm Fixed Price award with a 14.5-month performance period.

SECTION G - Contract Administration Data

G.1 Contract Administration Data

G.2 5X252.201.602-2-91 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAN 2004)

The following contracting officer's representative(s) (COR) are appointed to this contract: (use for Awards)

PRIMARY:

COR: TBD

Email: TBD; Phone: TBD

ALTERNATE:

For ordering contracts, the COR(s) will be identified on each delivery/task order.

The COR(s) has a written designation memorandum on file with the procurement office. This memorandum, as directed by DFARs 252.201-7000(b), specifies the extent of the COR's authority to act on behalf of the contracting officer. This authority cannot be re-delegated to any other person. The alternate COR acts in behalf of the primary COR in absence of the primary COR and is appointed through a separate memorandum.

The primary responsibilities of CORs are:

1) Technical Liaison. Oversees the contractor's technical effort to ensure that performance is in strict accordance with the terms and conditions of the contract. Is the primary interface between the contractor and the contracting officer on matters pertaining to the contractor's technical performance. Answers technical questions, furnishes technical instruction and guidance to the contractor relating to contract specifications, and any other instructions of a technical nature necessary to perform the work as specified in the contract. CORs are not to tell the Contractor how to perform, but only what is required of a technical nature. If doubt exists as to whether information to be furnished falls within the scope of the contract, the COR is to coordinate action with the contracting officer prior to transmitting the information to the Contractor. Promptly responds to contracting officer queries for technical information and directs the contractor to submit requests for change, deviation or waiver in writing to the contracting officer. Keeps the contracting officer informed regarding communications with the contractor in order to prevent possible misunderstandings or situations that could affect contract terms and conditions and become the basis for future claims against the Government.

2) Monitoring contractor performance. Ensures delivery schedules are adhered to and provides quality assurance.

Provides status to the contracting officer and other program personnel to ensure compliance with the technical requirements of the contract. If performance is not proceeding satisfactorily, or if problems are anticipated, promptly notifies the contracting officer and may provide a recommended technical course of correction action. Reviews and approves progress reports, technical reports, financial/management reports and other items requiring approval.

Notifies the contracting officer if such reports or items should be rejected, stating the basis for rejection.

3) Technical Evaluation of Contractor Proposal. Evaluates contractor proposals for modifications and provides a written technical evaluation, to include price or cost elements, to the contracting officer.

4) Reviewing and Approving Payments and Acceptance. Reviews invoices and progress payments for accuracy and appropriateness and reports any discrepancies and provides concurrence (or non-concurrence) to the Contracting Officer. Approves payments and accepts work on the appropriate forms for services performed or supplies delivered.

5) Administration of Government Property. Submits to the contracting officer and property specialist a written evaluation of the disposition of any material/property furnished by the Government that is accountable to the contract.

6) Security. Coordinates all security requirements of the contract with the contractor and the agency security office, to include DD254s and contractor access to NGA networks. Ensures AIS accounts of departing NGA contractor on-site personnel are cancelled expeditiously. Keeps track of any classified documents or data provided and ensures return or destruction upon completion of the contract.

7) Maintenance of Files. Keeps a file of all records related to the contract to include, but not limited to, the contract, e-mail correspondence, formal written correspondence, reports, receiving and acceptance reports/forms, technical evaluations, trip reports, meeting notes, status reports, past performance reports, government property reports and closeout records.

8) Administration of On-Site contractor personnel information. Maintains information on contractors, prime and subs, performing on-site at NGA facilities. Coordinates with the contractors and the Human Resource Office (HR) all contractor data changes, to include arrival and departure, names, physical location(s), NGA organization code of office responsible for contractor-occupied-space, and employer name, address and phone. Approves badging of contractors upon contractor completion and submittal of Contractor Data Input Record Form to HR and a standardized NGA non-disclosure statement.

CORs shall not direct the contractor in any manner that would be of the type of supervision or control that converts an individual who is an independent Contractor (such as a contractor employee) into a Government employee.

Notwithstanding the delegated duties listed herein, the COR does not possess the authority of a contracting officer and, therefore, shall not alter the terms and conditions of the contract in any way, to include any commitments or changes that will affect cost, price, quality, quantity, delivery, or any other term or condition of the contract. The contracting officer is the only official with the authority to enter into or modify contractual agreements or commitments. Unauthorized acts could result in personal liability.

The duties and responsibilities set forth herein are not intended to be all-inclusive. The contracting officer may delegate additional functions as deemed necessary.

COR appointment and termination on a specific contract shall be effective upon contract/order award or execution of a modification to the contract by the contracting officer.

(End of Clause)

G.3 5X52.232-9000 SUBMISSION OF INVOICE - DOD FMFO J-8 NATIONAL GEOSPATIAL-

INTELLIGENCE AGENCY (NGA) (OCT 2023) - FOR USE IN CONTRACTS PAID BY THE NGA VENDOR

PAY OFFICE

(a) The contractor shall prepare each invoice in accordance with the Prompt Payment Act and email one copy of the invoice to FMFOINSP@nga.mil.

(b) At the same time of submission of the invoice to the DOD FMFO J-8 NGA Vendor Pay Office, the contractor shall email a copy to the Contract Specialist and Contracting Officer (CO), and a copy to the Contracting Officer’s Representative (COR) at the address set forth in the clause at 5X252.201.602-2-91, Contracting Officer’s Representative (COR), if applicable. The contractor shall ensure that the invoice submitted to the payment office is the same invoice that is submitted to the CO, the COR, and the designated DCAA office when clause 5X252.242- 9000 is used, without alteration.

(c) Upon receipt of the invoice, the COR will complete the receiving report and submit via the RRPT database tool.

A copy of the completed receiving report shall also be provided to the Contracting Officer shown on the face of this contract/order.

(d) Payments will be made by DOD FMFO J-8 NGA Vendor Pay Office, 3838 Vogel Rd, Arnold, MO 63010.

(e) Contractors wishing to check the payment status of their vouchers may do so by calling NGA / DOD FMFO J-8 NGA Vendor Support at (636) 321-5251. In addition, questions may be directed to the COR. In the absence of a COR, contact the Procurement Contracting Officer (PCO), whose name and contact information appear on the face page of this contract/order.

(End of Clause)

G.4.1 DFARS PGI 204.7108 Payment Instructions

See: https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

SECTION H - Special Contract Requirements

H.1 DORMANT ACCOUNT REVIEW-QUARTERLY PARTICIPATION

The Dormant Account Review, Quarterly (DAR-Q) process, is the Department of Defense (DoD) requirement to increase the Department’s and NGA’s ability to use available appropriations before they expire and ensure remaining open obligations are valid and liquidated before the cancellation of the appropriation. NGA disseminates and receives DAR-Q information to and from NGA’s Industry Partners using the National Reconnaissance Office (NRO) unclassified Acquisition Research Center (ARC) website. NGA provides consolidated lists of lines of accounting for validation, of which contractor participation is mandatory.

Contractors holding NGA contracts and/or orders are required to support the NGA DAR-Q process. Each contractor must select two points of contact (POCs) to establish and maintain active accounts on the unclassified NRO ARC at https://acq.westfields.net.

Contractor POCs use the following information to register:

1.) Full name;

2.) SSN (Optional);

3.) Unclassified email address;

4.) DUNS number; and 5.) Unclassified telephone number.

From the https://acq.westfields.net homepage, click on “Register” in the upper-right-hand corner of the page; follow the instructions, and enter the requested data. Although not required for DAR-Q compliance, POCs possessing a https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions https://acq.westfields.net/ https://acq.westfields.net/ classified email account may enter that information during registration to also create a classified ARC account.

POCs should be aware that account activation requires the registered user to validate the account by email within 24 hours of registration. Questions or problems related to the website or the registration process should be directed to the unclassified Acquisition Center of Excellence (ACE) Help IT Desk at 703-230-6300 or acehelpdesk@westfields.net.

NGA will conduct quarterly DAR-Q reviews in accordance with the DoD Financial Management Regulations (FMR). Contractors with dormant Unliquidated Obligations appearing on any specific quarterly DAR-Q review will be notified via the NRO ARC. Once notified, contractor POCs are required to validate and upload the contractors’ responses, including supporting documentation, to the NRO ARC by the due date set forth in the relevant timelines outlined by NGA and the FMR.

H.2 Special Contract Requirements

Security Requirement:

The contractor’s selected personnel must meet the requisite clearance requirements as specified in the Statement of Work (SOW, Attachment 0001) and the Construction Security Plan (CSP, Attachment 0002) of this RFP. See Attachment 0002 and SOW sections 1.4, 4.

SECTION I - Contract Clauses

I.1 Contract Clauses

I.2 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

I.3 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (JUN 2020)

I.4 52.203-7 ANTI-KICKBACK PROCEDURES. (JUN 2020)

I.5 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS. (NOV 2023)

I.6 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (AUG 2020)

I.7 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option].

I.8 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (FEB 2024)

I.9 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (SEP 2023) - ALTERNATE III (JUN 2020)

I.10 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN. (SEP 2021)

I.11 52.222-17 RESERVED

I.12 52.222-50 COMBATING TRAFFICKING IN PERSONS. (NOV 2021)

I.13 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING.

(JUN 2020)

I.14 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (FEB 2021)

I.15 52.228-7 INSURANCE - LIABILITY TO THIRD PERSONS. (MAR 1996)

I.16 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION. (JUN 2020)

I.17 52.232-1 PAYMENTS. (APR 1984)

I.18 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. (JAN 2017)

I.19 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

I.20 52.233-3 PROTEST AFTER AWARD. (AUG 1996)

I.21 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

I.22 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least [insert the appropriate number in words followed by numerals in parentheses] percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

I.23 52.236-2 DIFFERING SITE CONDITIONS. (APR 1984)

I.24 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK. (APR 1984)

I.25 52.236-5 MATERIAL AND WORKMANSHIP. (APR 1984)

I.26 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. (APR 1984)

I.27 52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991)

I.28 52.236-8 OTHER CONTRACTS. (APR 1984)

I.29 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS. (APR 1984)

I.30 52.236-10 OPERATIONS AND STORAGE AREAS. (APR 1984)

I.31 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION. (APR 1984)

I.32 52.236-12 CLEANING UP. (APR 1984)

I.33 52.236-13 ACCIDENT PREVENTION. (NOV 1991)

I.34 52.236-13 ACCIDENT PREVENTION. (NOV 1991) - ALTERNATE I (NOV 1991)

I.35 52.236-17 LAYOUT OF WORK. (APR 1984)

I.36 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (FEB

2024)

I.37 52.245-1 GOVERNMENT PROPERTY. (SEP 2021)

I.38 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES. (APR 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an "as-is, where is" condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause: Office Furniture/Equipment; IT IPS Safe

(End of clause)

I.39 52.245-9 USE AND CHARGES. (APR 2012)

I.40 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE. (DEC 1991)

I.41 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS. (SEP 2011)

I.42 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES. (JAN 2023)

I.43 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (DEC 2022)

I.44 252.204-7002 PAYMENT FOR CONTRACT LINE OR SUBLINE ITEMS NOT SEPARATELY PRICED.

(APR 2020)

I.45 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR

REPORTED CYBER INCIDENT INFORMATION. (JAN 2023)

(a) Definitions. As used in this clause-

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered defense information means unclassified controlled technical information or other information (as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html) that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is-

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party's reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government's activities related to clause 252.204-7012, and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to-

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government's activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial products and commercial services, without alteration, except to identify the parties.

(End of clause)

I.46 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING. (JAN 2023)

I.47 252.225-7048 EXPORT-CONTROLLED ITEMS. (JUN 2013)

I.48 252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION. (OCT 2021)

(a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $[Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

On execution of contract $[ ]

[month] [day], [year] $[ ]

[month] [day], [year] $[ ]

[month] [day], [year] $[ ]

[month] [day], [year] $[ ]

I.49 252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

I.50 252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS. (AUG 2000)

Title File Drawing No.

I.51 252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

I.52 252.236-7010 OVERSEAS MILITARY CONSTRUCTION-PREFERENCE FOR UNITED STATES FIRMS.

(JAN 1997)

I.53 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL.

(JAN 2023)

I.54 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

(a) Definitions. As used in this clause-

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that-

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are-

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from-

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall-

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by-

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee-

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation-

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain;

and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include-

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for-

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall-

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts-

(1) That exceed the simplified acquisition threshold; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

I.55 5X252.204-7000-90 PUBLIC RELEASE OF INFORMATION (MAR 2023)

(a) Except as provided in paragraph (b) of this clause, information pertaining to this contract shall not be released to the public unless authorized by the Contracting Officer in accordance with DFARS 252.204-7000, Disclosure of Information. Requests for approval to release information pertaining to this contract (other than past performance) shall be submitted to the Contracting Officer by means of NGA Form 5230-1, National Geospatial-Intelligence Agency Request for Clearance for Public Release.

(b) The contractor may provide past performance information regarding this contract, without completing an NGA Form 5230-1 and without Contracting Officer approval when submission of such information is to the Office of the Director of National Intelligence (ODNI), the Central Intelligence Agency (CIA), the National Reconnaissance Office (NRO), the National Security Agency (NSA), the Defense Intelligence Agency (DIA), and NGA to support source selections at those agencies. The contractor is responsible for the proper classification and handling of such information and shall provide a copy of the information submitted to other agencies to the Contracting Officer.

(End of clause)

I.56 5X52.227-9000 UNAUTHORIZED USE OF NGA NAME, SEAL AND INITIALS (JUN 2006)

(a) As provide in 10 U.S.C. Section 425, no person may, except with the written permission of both the Secretary of Defense and the Director of National Intelligence, knowingly use the words "National Geospatial-Intelligence Agency", "National Imagery and Mapping Agency", or "Defense Mapping Agency," the initials "NGA", "NIMA", or "DMA," the seal of National Geospatial-Intelligence Agency, National Imagery and Mapping Agency, or the Defense Mapping Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Secretary of Defense and the Director of Central Intelligence.

(b) Whenever it appears to the U.S. Attorney General that any person is engaged or about to engage in an act or practice which constitutes or will constitute conduct prohibited by paragraph (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to hearing and determination of such action and may, at any time before final determination, enter restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States, or to any person or class of persons for whose protection the action is brought.

(End of Clause)

SECTION J - List of Documents, Exhibits and Other Attachments

J.1 List of Documents, Exhibits and Other Attachments

Attachment Number Title Document

Version Date Number of Pages

0001 Attachment 0001_Tokyo Secure Space Construction Statement of Work (SOW) (U) BASE 05/31/2024 22

0002 Attachment 0002_TSSC_Construction Security Plan (CSP)

(U//FOUO) BASE 05/20/2024 28

0003 Attachment 0003_TSSC_Site Survey 2023 (S//NF) BASE 05/24/2024 15

0004 Attachment 0004_TSSC_Architectural Concept Design_20240513

(S//NF) BASE 05/13/2024 4

0005 Attachment 0005_TSSC_Facility Drawings_20240513 (S//NF) BASE 05/13/2024 32 0006 Attachment 0006_HM047624R0029_DD254 (U) BASE 05/22/2024 9 0007 Attachment 0007_FCL_Check (U) BASE 05/29/2024 1 0008 Attachment 0008_PCL_Check (U) BASE 05/29/2024 2 0009 Attachment 0009_OCI Disclosure and Analysis Form (U) BASE 05/29/2024 2

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

There are attachments within this solicitation that are Unclassified//For Official Use Only (U//FOUO) and Secret//No Foreign Release (S//NF).

All Unclassified (U) attachments will be posted to SAM.gov with this solicitation.

All other attachments, in addition to the unclassified attachments, will be posted to: (NRO’s high side (classified) Acquisition Research Center (ARC) web application). Upon entering the site, search for TSSC. The attachments will be found under the TSSC Final Request for Proposal tab.

You must have an active high side ARC account and a classified email address to access the ARC attachments. If you do not have a high side (classified) ARC account, go to in order to register for an account. Please note, it will take 24-48 hours for the registration information to transition to the high side ARC. Should you have any questions regarding the use of the ARC website, please contact the ARC Web Team at acehelpdesk@ace.svc.nro.ic.gov or acehelpdesk@westfields.net.

SECTION K - Representations, Certifications, and Other Statements of Bidders mailto:acehelpdesk@ace.svc.nro.ic.gov mailto:acehelpdesk@westfields.net

K.1 Representations, Certifications, and Other Statements of Bidders

K.2 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES

OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS. (JUN 2020)

K.3 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS.

(SEP 2022)

K.4 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS. (OCT 2016)

(a) Definitions. As used in this provision-

Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))-

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer, not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of-

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

SECTION L - Instructions, Conditions, and Notices to Bidders

L.1 Instructions, Conditions, and Notices to Bidders

Contract Type, Set-Aside and Basis for Award:

This action is anticipated to be Firm Fixed Price (FFP) contract type. The requirement will be advertised via SAM.gov. The Government will award one stand-alone contract resulting from this RFP to the responsible contractor whose quote conforms to the RFP and who is determined to be the Best Value for the Government, technical, past performance, security, and price factors considered. The Security factor is pass/fail. Any contractor who fails Security will not be eligible for award. The following factors are listed in order of importance: Past Performance, Technical, and Price.

The Government intends to evaluate proposals and award one contract without holding discussions with Offerors. Therefore, proposals should contain the Offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions with some or all Offerors if the Contracting Officer later determines them to be necessary.

1.0 REQUIREMENTS

The overall objective of the Tokyo Secure Space Construction (TSSC) design-build requirement is to construct/renovate three (3) secure office spaces at the US Embassy in Tokyo, Japan. The awarded contractor shall provide design, logistical and construction services. Design and construction work shall comply with Department of State (DoS) and Department of Defense (DoD) design and construction standards and will involve complete demolition and rebuilding of three (3) office spaces.

1.1 Period of Performance (PoP) and Contract Line Item (CLIN) Structure:

This order will be a Firm Fixed Price award with a 14.5-month performance period. The CLIN structure is as follows:

CLIN CLIN Title CLIN Type

CLIN 0001 Secure Required Permits and Approvals FFP

CLIN 0002 Construction Phase 1 (Mobilization; Construction – Rooms 711 and 721; Accreditation

FFP

CLIN 0003 Construction Phase 2 (Mobilization; Construction – Rooms 721A and

FFP

CLIN 0004 Project Closeout FFP

1.2 Security Requirement:

The contractor’s selected personnel must meet the requisite clearance requirements as specified in the Statement of Work (SOW, Attachment 0001) and the Construction Security Plan (CSP, Attachment 0002) of this RFP. See Attachment 0002 and SOW sections 1.4, 4.

1.3 Place of Performance:

The location for the work shall be primarily at the U.S. Embassy Tokyo, Japan, with some potential support at the contractor’s facility.

2.0 INSTRUCTIONS TO CONTRACTORS

Contractors shall prepare and submit proposals as instructed within this RFP.

2.1 Quote Submission

Written Proposals (all Volumes) are due no later than July 26, 2022 at 12:00 PM EST.

All proposals that are wholly unclassified or contain Unclassified//For Official Use Only (U//FOUO) information shall be submitted directly to chanet.n.stewart@nga.mil. Proposals that contain any classified information shall be properly marked and submitted to chanet.n.stewart@coe.ic.gov. Proposals not submitted in accordance with the aforementioned or not received by the above deadline, will NOT be evaluated.

NGA Points of Contact:

David Baer, Contracting Officer, Chanet Stewart, Contract Specialist

2.2 Questions

Unclassified questions regarding this RFP may be submitted in writing via email to chanet.n.stewart@nga.mil.

Classified questions regarding this RFP shall be submitted in writing via email to chanet.n.stewart@coe.ic.gov. All questions must be received by the Government no later than 12:00 PM EDT on July 3, 2024. Questions & Answers will be posted to https://acq.nro.ic.gov for viewing by all interested contractors.

2.3 Site Visit

The Government will host a site visit of the project spaces, within the U.S. Embassy Tokyo, Japan. This site visit will be mandatory for any offeror that submits a proposal. The site visit will provide the field verification opportunity and corresponding site information that will be necessary to inform a responsive proposal. The site visit will be held on either 20 or 21 June 2024. Any Offerors intending to attend the site visit should contact Mr.

Jonathan Johnson at jonathan.e.johnson@nga.mil no later than 10 June 2024, 5:00 PM EDT.

2.4 Communications with the Government

The Contracting Officer (CO) and Contract Specialist are the sole points of contact for this acquisition. To avoid violations of the Procurement Integrity Act, prospective contractors are cautioned against contacting or communicating with any other Government personnel in regards to this RFP prior to award.

2.5 Quote Format & Page Limitations

The following page limitations apply to each quote. Please note that each volume should be submitted as a separate file. Page size shall be 8.5 x 11 inches (except for foldouts, which shall not exceed 11 by 17 inches). and shall be single-spaced with at least 1-inch margins on the top, bottom, and sides. The font size shall be no less than 10-point Arial standard font. Size 8-point font may be used for tables, graphics, and headers/footers.