SF1442_N4008422B7000.pdf

ACQR5934702

a. Solicitation Documents:

(1) Section 00 01 10 - Table of Contents

(2) Section 00 10 00 - Solicitation

(3) Section 00 21 13 - Instructions to Bidders

(4) Section 00 45 00 - Representation & Certifications

(5) Section 00 70 00 - Conditions of the Contract

(6) Section 00 73 00 - Supplementary Conditions

b. Standard Form (SF) 1442 Attachments:

(1) NAVFAC Specification eProject No. 1689228

(2) ELIN Schedules

(3) Question & Answ er Form

(4) Site Visit Log

In accordance w ith FAR 36.204 the magnitude of construction is betw een ¥100,000,000 and ¥500,000,000.

X

SHIGENORI WADA 315-226-4528

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

05-Jul-2022

(RFP)

(IFB)

CALL:

IDIQ Exterior Painting and Repair for Various Buildings at U.S. Naval Air Facility Misaw a, Japan

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

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

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________05 Aug 2022 (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.

7. ISSUED BY CODE

NAVFAC FAR EAST

FEAD MISAWA

UNIT 5050

APO AP 96319-5000

N40084

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.

1689228

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

FAX:TEL: TEL: FAX:

N4008422B7000 56

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N4008422B7000

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 NAVFAC Specification eProject

No. 1689228

380 01-JUL-2022

Attachment 2 ELIN Schedules 15 Attachment 3 Question & Answer Form 1 Attachment 4 Site Visit Log 1

DFARS 252.204-7000 Disclosure of Information applies to all Documents, Exhibits, and Attachments as well as FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems and DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls, 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information, and 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

Attachment 1 will be made available to Offerors via approved controlled document request in Contract Opportunities (sam.gov). The point of contact for all attachments is Shigenori Wada, shigenori.wada.ja@fe.navy.mil.

Offerors are encouraged to seek guidance from their own legal or cyber-security compliance advisors for advice concerning the 15 security controls required by FAR 52.204-21. Additional information is also available through the below webpage:

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

NOTE: This solicitation includes Government furnished information (GFI) that requires unique handling, storage, marking, and/or release or dissemination procedures in accordance with Federal law and/or regulations and/or DoD policy. Contractor guidance on its duties and responsibilities with regard to GFI provided under this solicitation, which includes but is not limited to Controlled Unclassified Information (CUI) and/or Operations Security (OPSEC) (the CUI_OPSEC Guide) is located at the webpage indicated above and will be incorporated by reference into any resulting contract, task order, delivery order, etc.

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Each

IDIQ EXTERIOR PAINTING AND REPAIR

FFP

The Contractor shall provide all labor, supplies, supervision, tools, materials, equipment, and transportation necessary to provide IDIQ exterior painting and repair works for various buildings at U.S. Naval Air Facility Misawa, Japan, as specified in the basic contract and NAVFAC Specification, as supplemented in each task order.

The not-to-exceed (NTE) applies all orders placed under this IDIQ for the duration of the five -year ordering period. Exhibit Line Item Number (ELIN) or Sub-Exhibit Line Item Number (SLIN) in the Schedule quantity ordering will be in accordance with Section 01 11 00.00 33 of the specification. The total value of all the orders placed under CLIN 0001 will not exceed the total contractor proposal for the entire base period.

All task orders shall be priced and paid in Japanese Yen. However, for administrative purposes only, contract and task order values shall also be expressed in U. S. dollars. Bid not priced in Japanese yen shall be deemed nonresponsive, and will not be eligible for award.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR5934702

PSC CD: Z2JZ

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Each

OPTION IDIQ EXTERIOR PAINTING AND REPAIR

FFP

The Contractor shall provide all labor, supplies, supervision, tools, materials, equipment, and transportation necessary to provide IDIQ exterior painting and repair works for various buildings at U.S. Naval Air Facility Misawa, Japan, as specified in the basic contract and NAVFAC Specification, as supplemented in each task order.

The not-to-exceed (NTE) applies all orders placed under this IDIQ for the duration of the five -year ordering period. Exhibit Line Item Number (ELIN) or Sub-Exhibit Line Item Number (SLIN) in the Schedule quantity ordering will be in accordance with Section 01 11 00.00 33 of the specification. The total value of all the orders placed under CLIN 0002 will not exceed the total contractor proposal for the first option period.

All task orders shall be priced and paid in Japanese Yen. However, for administrative purposes only, contract and task order values shall also be expressed in U. S. dollars. Bid not priced in Japanese yen shall be deemed nonresponsive, and will not be eligible for award.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Each

OPTION IDIQ EXTERIOR PAINTING AND REPAIR

FFP

The Contractor shall provide all labor, supplies, supervision, tools, materials, equipment, and transportation necessary to provide IDIQ exterior painting and repair works for various buildings at U.S. Naval Air Facility Misawa, Japan, as specified in the basic contract and NAVFAC Specification, as supplemented in each task order.

The not-to-exceed (NTE) applies all orders placed under this IDIQ for the duration of the five -year ordering period. Exhibit Line Item Number (ELIN) or Sub-Exhibit Line Item Number (SLIN) in the Schedule quantity ordering will be in accordance with Section 01 11 00.00 33 of the specification. The total value of all the orders placed under CLIN 0003 will not exceed the total contractor proposal for the second option period.

All task orders shall be priced and paid in Japanese Yen. However, for administrative purposes only, contract and task order values shall also be expressed in U. S. dollars. Bid not priced in Japanese yen shall be deemed nonresponsive, and will not be eligible for award.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Each

OPTION IDIQ EXTERIOR PAINTING AND REPAIR

FFP

The Contractor shall provide all labor, supplies, supervision, tools, materials, equipment, and transportation necessary to provide IDIQ exterior painting and repair works for various buildings at U.S. Naval Air Facility Misawa, Japan, as specified in the basic contract and NAVFAC Specification, as supplemented in each task order.

The not-to-exceed (NTE) applies all orders placed under this IDIQ for the duration of the five -year ordering period. Exhibit Line Item Number (ELIN) or Sub-Exhibit Line Item Number (SLIN) in the Schedule quantity ordering will be in accordance with Section 01 11 00.00 33 of the specification. The total value of all the orders placed under CLIN 0004 will not exceed the total contractor proposal for the third option period.

All task orders shall be priced and paid in Japanese Yen. However, for administrative purposes only, contract and task order values shall also be expressed in U. S. dollars. Bid not priced in Japanese yen shall be deemed nonresponsive, and will not be eligible for award.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Each

OPTION IDIQ EXTERIOR PAINTING AND REPAIR

FFP

The Contractor shall provide all labor, supplies, supervision, tools, materials, equipment, and transportation necessary to provide IDIQ exterior painting and repair works for various buildings at U.S. Naval Air Facility Misawa, Japan, as specified in the basic contract and NAVFAC Specification, as supplemented in each task order.

The not-to-exceed (NTE) applies all orders placed under this IDIQ for the duration of the five -year ordering period. Exhibit Line Item Number (ELIN) or Sub-Exhibit Line Item Number (SLIN) in the Schedule quantity ordering will be in accordance with Section 01 11 00.00 33 of the specification. The total value of all the orders placed under CLIN 0005 will not exceed the total contractor proposal for the fourth option period.

All task orders shall be priced and paid in Japanese Yen. However, for administrative purposes only, contract and task order values shall also be expressed in U. S. dollars. Bid not priced in Japanese yen shall be deemed nonresponsive, and will not be eligible for award.

FOB: Destination

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 1 yr. ADC NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD MISAWA

UNIT 5050

APO AP 96319-5000

FOB: Destination

N40084

0002 1 yr. ADC (SAME AS PREVIOUS LOCATION)

0003 1 yr. ADC (SAME AS PREVIOUS LOCATION)

0004 1 yr. ADC (SAME AS PREVIOUS LOCATION)

0005 1 yr. ADC (SAME AS PREVIOUS LOCATION)

MAX NTE & MIN GUARANTEE

MAXIMUM NOT TO EXCEED (NTE) AND MINIMUM GUARANTEE

The maximum NTE value of an ordering period is the total of all the CLINs in that ordering period. The maximum or NTE value of the contract is the total value of all CLINs in the Schedule. Orders shall not be made that exceed the maximum NTE value for any CLIN. The maximum NTE value of an ordering period and of the contract may be increased by written modification to the contract in conjunction with any modification that increases the value of an existing task order that is authorized by a contract clause. Orders in excess of the estimated quantity set forth for any particular ordering period or CLIN shall be in accordance with Section 01 11 00.00 33 of the specification.

Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee in the total amount of ¥2,500,000 for the entire contract ordering period.

(End of NAVFAC Language)

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS TO BIDDERS

A. G ENERAL INFORMATION

1. BIDS

Bidders shall comply with this “Instructions to Bidders” and Standard Form 1442 “Solicitation, Offer, and Award (Construction, Alteration, or Repair)” in the preparation of bids. Bidders must thoroughly and fully review the solicitation and its attachments. Bidders must fully and comprehensively understand the Government’s requirements for the subject solicitation before submitting a bid. It is the Bidder’s/Awardee’s responsibility to fully deliver and complete the subject project stated in this solicitation per the Bidder’s submitted price proposal.

Bids shall be submitted no later than the date and time provided in Block 13 of the Standard Form 1442 (unless revised by a formal amendment), “Solicitation, Offer, and Award (Construction, Alteration, or Repair).”

2. BIDDERS QUALIFICATIONS

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and such other information as may be required to evaluate the bidders responsibility.

3. AUTHORIZATION TO PERFORM

In accordance with DFARS 252.225-7042, the Offeror must be duly authorized to do business in Japan.

4. CONTRACTOR LICENSING REQUIREMENTS

Any contract resulting from this solicitation will be awarded and performed in its entirety in the country of Japan.

Contractors must be duly authorized to operate and conduct business in Japan and must fully comply with all laws, decrees, labor standards, and regulations of Japan during the performance of the contract. Prior to award of any contract, Offerors must be registered to do business and possess a construction license (Kensetsu Gyo Kyoka) issued by the Ministry of Land, Infrastructure, Transport, and Tourism, or prefectural government. Offerors will be required to provide verification on such construction license prior to award of any contract to the Contracting Officer if such information is not already on file with or available to the Contracting Officer.

5. RESPONSIBILITY DETERMINATION/PRE-AWARD SURVEY

FAR 9.103 requires the Contracting Officer to make an affirmative determination of responsibility prior to making a award. The general standards for responsibility are outlined in FAR 9.104 and requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation.

The Government may make a pre-award survey of an offeror to determine whether such offeror is qualified and capable of performing the contract. The pre-award survey will involve examination of the bidder's financial and technical status and understanding of the contract requirements. Requested information shall be forwarded within three business days upon request or as indicated on the letter from the Contracting Officer. Failure to provide requested information, or a determination, after review of the information, of the offeror’s nonresponsibility, may result in rejection of the bid.

The following are examples of the information that, upon request, the offeror shall be required to provide in writing to the pre-award survey team.

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

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

c. Description of Contractor's facilities and equipment.

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

e. Current financial statements and data.

f. Other work presently under contract.

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

h. Contractor Quality Control plan for this contract.

6. CUSTOMS AND TAX EXEMPTION

In accordance with the Status of Forces Agreement, the U.S. Government is entitled to an exemption from Japanese customs duties and Japanese commodity and gasoline taxes. The Contractor warrants that all taxes and customs duties pertinent to the procurement for which the U.S. Government is exempt have been excluded from the contract price. The Contractor is required to submit a request in writing to the Contracting Officer for issuance of an import or tax exemption certificate, as appropriate, relieving the Contractor from such customs duties or taxes.

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

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons.

It implements the Department of the Treasury final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign entities pursuant to certain contracts.

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

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

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

Line 6 Contract / Reference Number: N4008422B7000 Line 7 Name and Address of the Acquisition Agency:

NAVFAC FE, PWD Misawa City or Town, State or province. Include Postal Code where appropriate Country (Do not abbreviate) Bldg. 987, Misawa Air Base, 1-chome, Hirahata, Misawa-shi, Aomori-ken, Japan 033-0012

Japan

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax, legal, or accounting professionals for advice concerning the provision, clause, and the execution/submission of IRS Form W-14. Additional information is also available at:

h ttps://www.navfac.navy.mil/navfac_worldwide/pacific/fecs/far_east/about_us/contractors_information.html

8. SYSTEM FOR AWARD MANAGEMENT REGISTRATION

All Offerors (i.e., whether individually or as a joint venture, etc.) responding to this solicitation must be registered and have an active status in the System for Award Management (SAM) database at the time an offer/quotation/bid is submitted to be eligible for award. For more information please go to h ttps://www.sam.gov , and complete the provisions associated with the annual representations and certifications identified in the Federal Acquisition Regulation (FAR) Subpart 4.1202 and Defense FAR Supplement (DFARS) Subpart 204.1202.

An Offeror is required to be registered in SAM when submitting its offer/quotation/bid, and shall continue to be registered at all relevant times, i.e., time of award, during contract performance, and through final payment of the contract resulting from this solicitation.

CAUTION: All Offerors are required to be registered in SAM at the time their offer/quotation/bid is submitted. Offerors with no active SAM registration upon receipt of their offer/quotation/bid may be considered ineligible for award. If during the responsibility determination the SAM registration is not cured, award can be made to the next responsible bidder.

A contract cannot be awarded to a contractor not registered in SAM with ACTIVE status.

Remember to review the NAICS codes listed in your record and make sure that you have listed the NAICS code for this procurement.

9. JOINT VENTURE (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS

(LTD), AND ETC.

Joint Ventures and Limited Liability Companies and Limited Partnerships shall submit the following additional documentation regarding their business entities with the bid:

a. A copy of the JV, LLC or LTD agreement.

b. A detailed statement outlining the following in terms of percentages where appropriate:

1) The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing.

2) The management approach in terms of who will conduct, direct supervise, and control.

3) The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.

4) Identify (by name and title) the personnel having the authority to legally bind the partners/parties

(including authority to executed the contract documents and bonds).

c. A list of partners/parties, to include company name, Unique Entity Identifier (UEI) and CAGE numbers, address, point of contact, e-mail address, phone number and facsimile number.

NOTE: A bid may be rejected if the company name identified on the submittals and any bonds or guarantees is different from the JV, LLC or LTD name identified on the agreement.

10. SUBMISSION OF BIDS IN THE ENGLISH LANGUAGE

Bids submitted in response to this solicitation shall be in the English language. Bids received in other than English shall be rejected.

11. SUBMISSION OF BIDS IN JAPANESE YEN

Bids shall be priced only in Japanese Yen. Bid not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.

12. PRE-BID INQUIRIES

Inquiries regarding this Invitation for Bid (IFB) shall be submitted electronically using the Question and Answer Form, provided as Attachment 3. The Point of Contact (POC) for inquiries is Shigenori Wada, Purchasing & Contract Specialist, shigenori.wada.ja@fe.navy.mil. The Government does not intend to respond to inquiries submitted less than 10 calendar days before the bid closing date and time. Failure of a prospective Bidder to submit any questions will be construed to mean that the Bidder fully understands the requirement of the solicitation.

13. PRE-BID CONFERENCE AND SITE VISIT

Pre-bid conference and site visit will be conducted in accordance with FAR 52.236-27 of this solicitation.

14. AMENDMENTS

The Government may amend this solicitation before the closing date. Any such amendments will be posted to the Governmentwide point of entry (GPE), currently Contract Opportunities on the System for Award Management (SAM) website at https://sam.gov. Hard copies of the amendment will not be mailed. It is the Offeror’s responsibility to check the website periodically for any postings or amendments to the solicitation.

15. CANCELLATION OF SOLICITATION

The Government reserves the right to cancel all invitations and/or reject all bids before award if the Procurement Contracting Officer (PCO) later determines it to be necessary. The procedures in FAR 14.404 shall be followed. In addition, if the PCO determines that an invitation for bids should be canceled and that use of negotiations is in the Government’s best interest, the PCO may negotiate and make award without issuing a new solicitation provided the provisions set forth at FAR 14.404-1(f) are met.

16. FAR 14.407-2 APPARENT CLERICAL MISTAKES

a) Any clerical mistake, apparent on its face in the bid, may be corrected by the contracting officer before award. The contracting officer first shall obtain from the bidder a verification of the bid intended. Examples of apparent mistakes are –

1) Obvious misplacement of a decimal point;

2) Obviously incorrect discounts (for example, 1 percent 10 days, 2 percent 20 days, 5 percent 30 days);

3) Obvious reversal of the price f.o.b. destination and price f.o.b. origin; and

4) Obvious mistake in designation of unit.

b) Correction of the bid shall be effected by attaching the verification to the original bid and a copy of the verification to the duplicate bid. Correction shall not be made on the face of the bid; however, it shall be reflected in the award document.

c) Correction of bids submitted by electronic data interchange shall be effected by including in the electronic solicitation file the original bid, the verification request, and the bid verification.

17. INCURRED EXPENSES

The Government is not responsible for any costs incurred or associated with preparation and submission of a bid in response to this solicitation.

18. NO ALTERNATE OR MULTIPLE BIDS

Neither multiple bids, nor bid variations or options, nor alternate or alternative bids will be considered in the evaluation.

19. SCHEDULE OF WORK (IDIQ)

a. Offerors shall enter unit prices and amounts for contract line items (CLINs) and exhibit line items (ELINs) as indicated in IDIQ Exterior Painting and Repair ELIN Schedule, Attachment 2.

b. In the event that there is a difference between a unit price and the grand total amount, the unit price will be held to be the intended bid/offer and the total of the CLINs, SLINs or ELINs will be recomputed accordingly. The CLIN, which includes recomputed contract SLINs or ELINs, will also be recomputed to take into account the change in the contract SLIN or ELIN. If the bidder provides a total amount for a CLIN, SLIN or ELIN but fails to enter the unit price, the total amount divided by the CLIN, SLIN or ELIN will be held to be the intended unit price.

c. Offerors shall provide pricing in Japanese Yen. The contract will be awarded in a U.S. Dollar ($) amount value for the administrative convenience of the U.S. Government. Payment will be made in JapaneseYen.

****Note: There is NO separate line item provided in the ELIN schedule for bonding requirement. Please ensure ELIN prices are INCLUSIVE of costs associated with bonding.

B. B ID SUBMISSION INSTRUCTIONS

1. BID SUBMISSION

a. Bids (with all required supporting documentation) shall be hand-delivered, mailed so as to arrive at Naval Facilities Engineering Systems Command (NAVFAC) Far East, Public Works Department (PWD) Misawa, Building 987, prior to the time set for bid opening stated in this Invitation for Bid (IFB). Use of Japan Postal Service is not recommended. Any bids delivered by email or fax will be unacceptable and not considered for award.

BIDS WILL BE PUBLICLY OPENED AT PWD MISAWA, BUILDING 987 AT THE TIME SET FOR BID

OPENING AS STATED IN THIS INVITATION FOR BID (REFER TO BLOCK 13.A. OF THE

STANDARD FORM 1442).

Their contents will be made public for the information of Bidders and others interested, who may be present either in person, by representative, or by teleconference.

Bidders planning to attend the public opening at PWD Misawa, Building 987 or via telephone are required to email the attendees name and company name to Shigenori Wada, Purhcasing & Contract Specialist, at shigenori.wada.ja@fe.navy.mil at least five (5) working days prior to the bid opening date. Conference call phone number will be provided accordingly to Bidders who would like to attend via teleconference.

b. Bids that are hand-delivered or mailed shall be submitted in a sealed package, in one (1) original and one

(1) copy, with one (1) electronic copy. Electronic copy of all bids shall be submitted on a CD and/or a DVD in Adobe Portable Document Format (PDF) unless otherwise specified in the solicitation.

Sealed envelopes containing bids shall be marked to show the following:

- Bidder’s name and address

- Solicitation Number (N4008422B7000)

- Date and time bids are due

Any bidders who do not have gate access for Misawa Air Base may send their bid via base authorized courier, or base authorized contractor representative, to be delivered prior to the bid due date. Bids shall be sent to:

Department of the Navy Naval Facilities Engineering Command Far East (NAVFAC FE) Public Works Department (PWD) Misawa Facilities Engineering and Acquisition Division (FEAD) Attn: Shigenori Wada, Acquisition Branch Unit 5050, APO AP 96319-5000 Bldg. 987, Misawa Air Base, 1-chome, Hirahata, Misawa-shi, Aomori-ken, Japan 033-0012

Should there be a discrepancy between the paper copies and the CD/DVD versions, the paper copies shall govern.

2. BID SUBMITTAL REQUIREMENTS

The Offeror shall complete and submit the following in the order shown below:

a. Standard Form (SF) 1442 (pages 1 through 8, i.e. Blocks 14 through 20c, and CLIN 0001 and 0005)

b. Acknowledgement of Amendments (SF30), if any

c. IDIQ Exterior Painting and Repair ELIN Schedule, Attachment 2. Bids shall be priced in Japanese Yen only. Bids not priced in Japanese Yen shall be deemed nonresponsive, and will not be eligible for award.

d. Completed Section 00 45 00 – Representations and Certifications (fill out as appropriate), including

Executed FAR Provision 52.229-11

e. Copy of Joint Venture (JV) Agreement, Partnership Agreement and/or Teaming Agreement (if applicable).

(See paragraph A.9 of this section.) The JV or Partnership must be registered in the System for Award Management (SAM) database as the JV or Partnership before receiving an award.

f. Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable (See paragraph A.7 of this section.). If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

g. Copy of Bidder’s Construction License (Kensetsu Gyo Kyoka) issued by the Ministry of Land, Infrastructure, Transport and Tourism or prefectural government. The construction license will be considered as part of the responsibility determination in order to ensure the bidder is duly authorized to operate and conduct construction business in Japan.

BIDDERS MUST SUBMIT ITEMS (a) THROUGH (c). SUBMISSION OF ITEM (d) to (g) IS STRONGLY

ENCOURAGED TO FACILITATE RESPONSIBILITY DETERMINATION AND VALIDATE

ELIGIBILITY TO RECEIVE AN AWARD.

NOTICE

UNITED STATES LAWS AND REGULATIONS PROHIBIT YOU FROM PARTICIPATING IN ANY OF THE

FOLLOWING CONCERNING THIS SOLICITATION/CONTRACT:

BID RIGGING

PRICE FIXING

COLLUSIVE BIDDING

BID ROTATION OFFERING

GRATUTIES OFFERING OR

RECEIVING KICK-BACKS

THE PRICES IN YOUR OFFER MUST BE ARRIVED AT INDEPENDENTLY WITHOUT ANY

CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER OFFEROR OR

COMPETITOR. YOUR OFFER CANNOT BE DISCLOSED BY YOU DIRECTLY OR INDIRECTLY TO ANY

OTHER OFFEROR OR COMPETITOR BEFORE BID OPENING.

IT IS ALSO UNLAWFUL FOR YOU TO INDUCE ANY OTHER COMPANY TO, OR ALLOW ANOTHER

COMPANY TO INDUCE YOU TO SUBMIT OR NOT SUBMIT AN OFFER FOR THE PURPOSE OF

RESTRICTING COMPETITION.

ALL OF THE ABOVE ACTS ARE ACTS OF DISHONESTY UNDER UNITED STATES LAWS AND

REGULATIONS AND ARE FORBIDDEN.

PENALTIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY

UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND RECOUPMENT

OF PRIOR MONIES PAID.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-34 Submission Of Offers In The English Language APR 1991 52.217-5 Evaluation Of Options JUL 1990 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation. Task Orders that will be issued against the resulting contract will be Firm-Fixed Price in nature.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Department of the Navy Naval Facilities Engineering Command Far East (NAVFAC FE) Public Works Department (PWD) Misawa Facilities Engineering and Acquisition Division (FEAD) Unit 5050, APO AP 96319-5000 Bldg. 987, Misawa Air Base, 1-chome, Hirahata Misawa-shi, Aomori-ken, Japan 033-0012

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled after the pre-bid conference on --

12 Jul 2022 at 09:00 AM

(c) Participants will meet at--

Bldg. 987 Conference Room, PWD Misawa, Misawa AB, Japan

(d) Offeror is required to submit a Site Visit Log (Attachment 4) that indicates all the attendees to the pre bid conference and site visit by e-mail to the point of contact below by 11 Jul 2022, 11:00 AM. Attendees who do not possess the gate pass, you will be escorted at the main gate. In such case, you are required to annotate on the Site Visit Log.

POC: Shigenori Wada/Koichi Kudo E-mail: shigenori.wada.ja@fe.navy.mil/koichi.kudo.ja@fe.navy.mil Tel: 0176-53-5181 ext. 226-4528

Followings are considered valid personal identification to request a temporary pass:

When applying for a guest pass for a JAPANESE NATIONAL, we will only accept Government issued identification cards with a picture.

1. Driver’s License (specified legal domicile)

2. Passport

3. Resident Card with picture (My Number Card/Jumin Kihon Daicho Card)

For ALL OTHER NATIONALITIES, we will accept followings:

1. Passport

2. Alien Registration Card

COVID-19 INFORMATION

Gate Procedures: Additional screening measures have been enacted at all gates.

The followings are the guidance regarding the COVID-19. The vendors are required to comply with all the applicable requirements:

In order for COVID-1 9 mitigation measures to be effective, it is imperative everyone maintains the core tenants of health protection at all times, below are absolute requirements:

a. Practice physical distancing.

b. Use cloth face coverings.

c. Practice good hand washing procedures / utilize hand sanitizer.

d. Practice proper cough/sneeze etiquette.

e. Do not touch your face.

f. Do not shake others hands.

g. Regularly wipe down commonly-used items.

h. Avoid large groups while on leave and liberty (for this purpose 50 individuals or more)

i. Maintain a 14 day contact/travel log as necessary.

j. Maintain no more than 10 close contacts, to include family members.

k. Avoid COVID-19 hots pots.

l. Stay home when sick and call medical or your medical provider for an evaluation.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR):

https://www.acquisition.gov/

Defense Federal Acquisition Regulation Supplement (DFARS):

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Section 00 45 00 - Representations and Certifications

Complete the following Representations and Certifications of the SF 1442 and submit with bid.

Solicitation Number N 4008422B7000 Contractor’s Name:

Address:

Unique Entity Identifier (UEI) Number:

CAGE Code:

SAM Expiration Date:

* Bidders are required to be registered in in the System for Award Management (SAM) at the time their bid is submitted. Bidders with no active SAM registration upon receipt of their bid may be considered ineligible for award.

For more information, please go to h ttps://www.sam.gov.

INSTRUCTIONS – Contractor shall complete the annual representations and certifications electronically in SAM accessed through h ttps://www.sam.gov, and fill out the following as appropriate. Under FAR 52.204-8, please place a check at (b) (2) “Paragraph (d) applies,” after completing the annual representations and certifications electronically in SAM. Otherwise, please place a check at (b) (2) “Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation,” then complete the following paragraphs by placing a check in the appropriate spaces, as applicable, and submit as a part of the bid identified above.

52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238320.

(2) The small business size standard is not applicable for overseas.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor…