SF1449_N4008421R3600.pdf

PDF 518 KB Posted Dec 18, 2020

Attached to: Integrated Solid Waste Collection, Disposal and Recycling Service for Commander Fleet Activities Okinawa (CFAO), Japan
Solicitation number: N4008421R3600
Issued by: Department of the Navy Naval Facilities Engineering Command

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Other files

File	Type	Posted
Attachment (2) J-0200000-04 ISW ELINS_Rev1.xls	XLS spreadsheet	Jan 6, 2021
Attachment (1) PWS_ISW_5JAN2021.pdf	PDF	Jan 6, 2021
SF30_N4008421R3600_Amend0001.pdf	PDF	Jan 6, 2021
Attachment (6) Site Visit Request Form.xlsx	XLSX spreadsheet	Dec 18, 2020
Attachment (4)_PPQ.docx	DOCX document	Dec 18, 2020
Attachment (5) Inquiry Form.xls	XLS spreadsheet	Dec 18, 2020
Attachment (2) J-0200000-04 ISW ELINS.XLS	XLS spreadsheet	Dec 18, 2020
Attachment (7) Before Starting Business with Navy JAN2020.pdf	PDF	Dec 18, 2020
Attachment (3)_Experience ProjectDataSheet.docx	DOCX document	Dec 18, 2020
Attachment (1) PWS_ISW_15DEC2020.pdf	PDF	Dec 18, 2020

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SEE ADDENDUM

(No Collect Calls)

N4008421R3600 18-Dec-2020

b. TELEPHONE NUMBER

634-0290

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 20 Jan 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N400849. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MINAKO SAKUMOTO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ACQR5820204

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVFAC FAR EAST

FEAD OKINAWA

PSC 480 BOX PWD

FPO AP 96370-1170

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N40084 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD OKINAWA

PSC 480 BOX PWD

FPO AP 96370-1170

TEL: (315) 634-8223 FAX: (315) 634-5224

098-961-8224FAX:

TEL: COMM: 098-961-9629, 634-9629 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

562111

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF63

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N4008421R3600

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Each Base Period: RECURRING

FFP

INTEGRATED SOLID WASTE (ISW) COLLECTION, DISPOSAL AND

RECYCLING SERVICE FOR COMMANDER FLEET ACTIVITIES

OKINAWA (CFAO), JAPAN.

The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the service to perform RECURRING service at Kadena Air Base (CFAO only), Camp Shields, White Beach, Tengan Pier, Awase Transmitter Site, Naha Military Port, Camp Lester, and outlying areas supported by Commander Fleet Activities Okinawa (CFAO), Japan.

This Line Item amount is the Total for the Base Period of RECURRING Items (Total of ELINs A001 in the Performance Work Statement Attachment J-

0200000-04 ELINS.)

Planned Base Period: 1 Apr 2021- 31 Mar 2022.

Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR5820204

PSC CD: S205

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Each Base Period: NON-RECURRING

FFP

INTEGRATED SOLID WASTE (ISW) COLLECTION, DISPOSAL AND

RECYCLING SERVICE FOR COMMANDER FLEET ACTIVITIES

OKINAWA (CFAO), JAPAN.

This Line Item amount is the Total for the Base Period of NON-RECURRING Items (Total of ELINs A700 through A715 in the Performance Work Statement Attachment J-0200000-04 ELINS.)

Planned Base Period: 1 Apr 2021- 31 Mar 2022.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Each OPTION 1st Option Period: RECURRING

FFP

INTEGRATED SOLID WASTE (ISW) COLLECTION, DISPOSAL AND

RECYCLING SERVICE FOR COMMANDER FLEET ACTIVITIES

OKINAWA (CFAO), JAPAN.

This Line Item amount is the Total for the 1st Option Period of RECURRING Items (Total of ELINs B001 in the Performance Work Statement Attachment J-

0200000-04 ELINS.)

Planned 1st Option Period: 1 Apr 2022- 31 Mar 2023.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Each OPTION 1st Option Period: NON-RECURRING

FFP

INTEGRATED SOLID WASTE (ISW) COLLECTION, DISPOSAL AND

RECYCLING SERVICE FOR COMMANDER FLEET ACTIVITIES

OKINAWA (CFAO), JAPAN.

This Line Item amount is the Total for the 1st Option Period of NON- RECURRING Items (Total of ELINs B700 through B715 in the Performance Work Statement Attachment J-0200000-04 ELINS.)

Planned 1st Option Period: 1 Apr 2022- 31 Mar 2023.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Each OPTION 2nd Option Period: RECURRING

FFP

INTEGRATED SOLID WASTE (ISW) COLLECTION, DISPOSAL AND

RECYCLING SERVICE FOR COMMANDER FLEET ACTIVITIES

OKINAWA (CFAO), JAPAN.

This Line Item amount is the Total for the 2nd Option Period of RECURRING Items (Total of ELINs C001 in the Performance Work Statement Attachment J-

0200000-04 ELINS.)

Planned 2nd Option Period: 1 Apr 2023- 31 Mar 2024.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Each OPTION 2nd Option Period: NON-RECURRING

FFP

INTEGRATED SOLID WASTE (ISW) COLLECTION, DISPOSAL AND

RECYCLING SERVICE FOR COMMANDER FLEET ACTIVITIES

OKINAWA (CFAO), JAPAN.

This Line Item amount is the Total for the 2nd Option Period of NON- RECURRING Items (Total of ELINs C700 through B715 in the Performance Work Statement Attachment J-0200000-04 ELINS.)

Planned 2nd Option Period: 1 Apr 2023- 31 Mar 2024.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0007 UNDEFINED Each OPTION 3rd Option Period: RECURRING

FFP

INTEGRATED SOLID WASTE (ISW) COLLECTION, DISPOSAL AND

RECYCLING SERVICE FOR COMMANDER FLEET ACTIVITIES

OKINAWA (CFAO), JAPAN.

This Line Item amount is the Total for the 3rd Option Period of RECURRING Items (Total of ELINs D001 in the Performance Work Statement Attachment J-

0200000-04 ELINS.)

Planned 3rd Option Period: 1 Apr 2024- 31 Mar 2025.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0008 UNDEFINED Each OPTION 3rd Option Period: NON-RECURRING

FFP

INTEGRATED SOLID WASTE (ISW) COLLECTION, DISPOSAL AND

RECYCLING SERVICE FOR COMMANDER FLEET ACTIVITIES

OKINAWA (CFAO), JAPAN.

This Line Item amount is the Total for the 3rd Option Period of NON- RECURRING Items (Total of ELINs D700 through B715 in the Performance Work Statement Attachment J-0200000-04 ELINS.)

Planned 3rd Option Period: 1 Apr 2024- 31 Mar 2025.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0009 UNDEFINED Each OPTION 4th Option Period: RECURRING

FFP

INTEGRATED SOLID WASTE (ISW) COLLECTION, DISPOSAL AND

RECYCLING SERVICE FOR COMMANDER FLEET ACTIVITIES

OKINAWA (CFAO), JAPAN.

This Line Item amount is the Total for the 4th Option Period of RECURRING Items (Total of ELINs E001 in the Performance Work Statement Attachment J-

0200000-04 ELINS.)

Planned 4th Option Period: 1 Apr 2025- 31 Mar 2026.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0010 UNDEFINED Each OPTION 4th Option Period: NON-RECURRING

FFP

INTEGRATED SOLID WASTE (ISW) COLLECTION, DISPOSAL AND

RECYCLING SERVICE FOR COMMANDER FLEET ACTIVITIES

OKINAWA (CFAO), JAPAN.

This Line Item amount is the Total for the 4th Option Period of NON- RECURRING Items (Total of ELINs E700 through B715 in the Performance Work Statement Attachment J-0200000-04 ELINS.)

Planned 4th Option Period: 1 Apr 2025- 31 Mar 2026.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2021 TO

31-MAR-2022

N/A NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD OKINAWA

PSC 480 BOX PWD

FPO AP 96370-1170

(315) 634-8223 FOB: Destination

N40084

0002 POP 01-APR-2021 TO

31-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2022 TO

31-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-APR-2022 TO

31-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-APR-2023 TO

31-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-APR-2023 TO

31-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

PART C – CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

ADDENDA TO FAR 52.212-4

ADDITIONAL TERMS AND CONDITIONS CONSISTENT WITH COMMERCIAL PRACTICES THAT

APPLY TO U.S. GOVERNMENT CONTRACTS IN JAPAN

CONCILIATION

a. Any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the U.S.-Japan Joint Committee for Conciliation in accordance with paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI, of the Treaty of Mutual Cooperation and Security between Japan and the United States of America.

b. Recourse to the Joint Committee for Conciliation for resolving disputes is available in addition to the procedures set forth in the Contract Disputes Act of 1978 and the Disputes Clause of this contract, 52.233-1. A request for conciliation by the Joint Committee, however, shall not toll the time periods allowed under the Contract Disputes Act for appealing a contracting officer’s final decision to either the Armed Services Board of Contract Appeals or U.S. Court of Federal Claims.

c. Upon filing a request for conciliation with the Joint Committee, the Contractor shall immediately notify the Contracting Officer in writing of the request.

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.

CONSUMPTION TAX EXEMPTION PROCEDURES ON PURCHASE OF GOODS AND SERVICES BY

THE UNITED STATES ARMED FORCES IN JAPAN

[JAPANESE LAW NO. 108, 1988]

(a) The Consumption Tax Law (Law No. 108, 1988) was enacted in the Diet of Japan on 24 December 1988, and applied from April 1, 1989. The Government of Japan (GOJ) and the United States Government (USG), in accordance with paragraph 3, Article XII, of the "The Agreement Under Article VI of the Treaty of Mutual Cooperation And Security Between Japan And The United States of America Regarding Facilities And Areas And The Status of United States Armed Forces In Japan" (SOFA), have agreed upon procedures for exempting the United States from the Japanese Consumption Tax on goods and services purchased in Japan for official purposes of the U. S. Armed Forces by the U. S. Armed Forces or its authorized procurement agencies.

(b) The underlying objective is to obtain the full amount of the exemption from the tax on U.S. Forces procurements immediately at the time of purchase and at the same time provide the Contractor a proof of purchase document, acceptable to GOJ tax authorities, which he/she can present to the tax authorities to obtain a tax credit and/or refund for tax already collected and paid by previous sellers.

(c) The exemption from the Japanese Consumption Tax applies not only to prime contractors, but also subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or foreign firm.

(d) By the submission of their offer, the offeror certifies that the Japanese Consumption Tax is not included in the bid/proposal/quote price, nor will it be a part of any subsequent modification to the contract. Procedures for Contractors to obtain a consumption tax credit are described in USFJ Instruction 51-5 that may be obtained from the Procuring Contracting Office.

(End of NAVFAC Language)

WAIVER OF DEFENSE BASE ACT

The Defense Base Act is currently waived in Japan by the U.S. Department of Labor through March 21, 2021 unless modified, terminated, suspended, or revoked earlier than that date excepting where personnel are U.S. citizens, U.S.

permanent residents, or hired in the U.S. As such, the 52.228-3, Workers' Compensation Insurance (Defense Base Act) does not apply to this requirement while the current waiver is in effect, extended, or a new waiver is issued except where personnel are U.S. citizens, U.S. permanent residents, or hired in the U.S.

PAPERLESS CONTRACTING

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

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

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

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

In case of any technical difficulties precluding the use of electronic communications, both the Government and the Contractor agree to work in good faith to resolve any such difficulties.

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

AUTHORITY

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

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

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

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

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

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

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

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

AUTORIZATION TO OPERATE AND CONDUCT BUSINESS IN JAPAN

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. Offerors will be required to provide verification on required 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.

Furthermore, the U.S. Government will not offer “United States Official Contractor” status under Article XIV of the U.S.-Japan Status of Forces Agreement (SOFA) to any offeror awarded a contract under this solicitation; and, the U.S. Government will not consider designating eligible employee(s) as “Members of the Civilian Component” under Article I(b) of the SOFA."

ADDITIONAL INFO

1. IDIQ CONTRACT COMPRISED NON-RECURRING LINE ITEMS

a. This is Indefinite Delivery/Indefinite Quantity (IDIQ) contract comprised of Non-Recurring Contract Line Items for the supplies or services specified, and effective for the period stated in the Schedule and any accompanying exhibits. The quantities of supplies and services specified in accompanying exhibits and the Schedule as Non-Recurring are estimates only and may be ordered by issuance of separate task order.

b. Delivery or performance shall be made only as authorized by orders issued in accordance with DFARS clause 252.216-7006. Issuance of orders orally, by facsimile, or by electronic commerce methods (i.e., email, DoD FedMall, GCPC, Task Orders) are authorized. Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule and any accompanying exhibits up to the contract stated maximum.

c. Except for any limitations on quantities in FAR clause 52.216-19, in the Schedule, and in any accompanying exhibits, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

d. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period.

2. ORDERING OF NON-RECURRING LINE ITEMS

Non-Recurring work may be ordered at the prices offered by three ways: 1) by the issuance of a task order by the issuing activity using a SF1449 “Solicitation/Contract/Order for Commercial Items” in accordance with the Procedure for Issuing Order clause; 2) by an authorized Government user via a Government-wide Commercial Purchase Card (GCPC); or 3) by an authorized Government user via FedMall. When receiving orders against the schedule, the contractor shall provide the supplies and services at the pricing provided in the Exhibit Line Items (ELINs) (Attachment J-0200000-04) without additional markup or handling fee.

a. Task Order Issuance: Task orders issued by the issuing activity using a Standard Form (SF) 1449, will utilize the Exhibit Line Items (ELINs) (Attachment J-0200000-04) in the ordering of work. The SF1449 will reflect an order for one CLIN, the quantity ordered, a unit price of one yen, and an extended amount.

The quantity ordered and the extended amount reflected in the CLIN is the sum of the ELINs being ordered, which will be provided to the contractor as part of the task order.

b. Government Purchase Card: Non-Recurring line items may be ordered by an authorized Government user via GCPC. When receiving orders against the schedule, the contractor shall provide the supplies and services at the pricing provided in the Exhibit Line Items (ELINs) without additional markup or handling fee.

c. FedMall: The contractor is required to offer IQ pre-priced line item services to authorized Government personnel when they are ordering the work directly via the GCPC program. When receiving GCPC orders, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.

The contractor agrees to accept and process electronically submitted GCPC orders for IQ services, including those orders issued through the FedMall. The FedMall is a U.S. Government (USG) owned and operated web-based ordering system that enables any Department of Defense (DOD) or Federal activity to search for and order goods and services. Authorized GCPC users will receive approved accounts on FedMall to view and order IQ line items.

The contractor is required to receive electronic IQ orders from the FedMall using 128-bit encrypted email.

The contractor agrees to purchase, install, and utilize the most recent version of PGP Personal software, or a comparable solution, for the purpose of decrypting order notification emails from the FedMall.

Note: Per the NAVFAC Far East Acquisition’s guidance of 29 Jun 2017, the ECA requirement does not apply to this acquisition.

3. ORDER LIMITATION CLARIFICATION

The minimum order stated in paragraph (a) of FAR 52.216-19, entitled “ORDER LIMITATIONS,” apply only to the issuance of a task order by the issuing activity using a SF1449 “Solicitation/Contract/Order for Commercial Items”. The minimum ordering limit does not apply to GPC orders.

4. NON-RECURRING WORK CONTRACT LINE ITEM QUANTITIES

Once the estimated quantities for individual line items shown in the ELIN list have been ordered, additional quantities may be ordered as long as the overall Not-to-Exceed (NTE) amount of the contract per year is not exceeded and the contractor agrees by signing the task order, or by modification.

Any unused estimated amount under the Non-Recurring work from the current year will be carried over to the next Option year via issuance of a bilateral modification prior to the exercise of the next Option year, so long as the total estimated contract price for all years is not exceeded.

ELIN and Sub ELIN rates for the unused capacity carried over to the next option will be consistent with the succeeding option’s rate.

5. CONTRACTOR PERFORMANCE ASSESSMENT / EVALUATION MEETING

a. As directed by the Contracting Officer, the Contractor may be required to meet the Government’s Contracting Officer’s Representative, Performance Assessment Representative, and other contract management Representatives weekly for the entire contract performance period of the contract to discuss contract matters.

Meetings will be as often as necessary at the discretion of the Contracting Officer. A mutual effort will be made to resolve all problems identified. If written minutes of a meeting are prepared by the Government, the minutes shall be signed by the Contractor’s representative and the Government’s representative. Should the Contractor not concur with the minutes, the Contractor shall state in writing to the Contracting Officer any area of disagreement within five calendar days.

b. The Government will periodically assess the Contractor’s overall performance on this contract by completing a Contractor Performance Assessment Report System (CPARS) Form. The Government may use this form to evaluate the Contractor more frequently if it becomes necessary. The Contractor will be afforded an opportunity to comment on each evaluation performed when the Government uses the CPARS form. The Contractor has 30 calendar days to submit written comments on unsatisfactory ratings.

c. The Contractor’s performance will be evaluated using the respective Contractor performance evaluation report entry system located on the website www.cpars.navy.mil. Prior to commencement of work, the Contractor is required to provide the Government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the Government. It is the Contractor’s responsibility to keep this contract information current.

6. ACCEPTANCE

The performance and quality of work delivered by the contractor, including services rendered and any documentation will be evaluated in accordance with FAR 52.212-4, Contract Terms and Conditions- Commercial Items, paragraph (a) Inspection/Acceptance and contract specific performance standards. The contractor shall establish and maintain an inspection system as described in Section 0200000, Paragraph 2.6.6.2, Quality Inspection and Surveillance. Performance Assessment Representative and Contracting Officer’s Representative will be monitoring the contractor performance.

7. INVOICING INSTRUCTIONS AND PAYMENT PROCESSING

a. Invoicing. Contractor's invoice for services performed shall be submitted to the Contracting Officer or his/her representative on NAVFAC 7300/30.

b. Payment. Payment will be based on invoices submitted by the Contractor for satisfactorily completed work.

Upon verification of the work actually performed and after receipt of required Contractor submittal, invoices will be processed for payment.

c. Invoices shall be submitted via the system WAWF (Wide Area Workflow) available in the PIEE (Procurement Integrated Enterprise Environment) in accordance with the instructions in the DFARS clause 252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018).

8. DFARS PGI PAYMENT INSTRUCTIONS

PGI 204.7108 Payment Instructions applies to this contract. The following is incorporated into this contract:

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

52.203-3 Gratuities APR 1984 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7000 Disclosure Of Information OCT 2016 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items OCT 2020 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Indefinite Delivery / Indefinite Quantity (IDIQ) comprised of Recurring and Non-Recurring Contract Line Item contract resulting from this solicitation.

(End of provision)

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award through contract completion date.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 500,000 yen, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of 5,000,000 yen;

(2) Any order for a combination of items in excess of 5,000,000 yen; or

(3) A series of orders from the same ordering office within five (5) calendar days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date specified in each Task Order.

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 30 days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (JUN 2020)

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

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign

Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements--Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall--

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be--

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Federal Acquisition Regulation (FAR):

https://www.acquisition.gov/browse/index/far Defense Federal Acquisition Regulation Supplement (DFARS):

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from Naval Criminal Investigative Service (NCIS), Code 21; telephone, DSN 288-9077 or commercial (202) 433-9077.

PART D

SOLICITATION DOCUMENTS, EXHIBITS OR ATTACHMENTS

LIST OF ATTACHMENTS

ATTACHMENT DESCRIPTION

Attachment (1) - Performance Work Statement Attachment (2) - J-0200000-04 ELINs Attachment (3) - Offeror Experience Project Data Sheet Attachment (4) - Past Performance Questionnaire Attachment (5) - Pre Proposal Inquiry Form Attachment (6) - Site Visit Request Form Attachment (7) - Before Starting Business with Navy

Note: 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.

PART E SOLICITATION PROVISION

52.204-7 System for Award Management OCT 2018 52.212-1 Instructions to Offerors--Commercial Items JUN 2020

ADDENDA TO 52.212-1

FAR PROVISION 52.229-11 AND FAR CLAUSE 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons. It implements the Department of the Treasury final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign entities pursuant to certain contracts.

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

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

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

Line 6 Contract / reference number: N4008421R3600 Line 7 Name and address of the acquiring agency:

Naval Facilities Engineering Command (NAVFAC) Far East, FEAD/Public Works Department Okinawa, City or town, state or province. Include postal code where appropriate Country (do not abbreviate) Bldg#3573, Kadena Air Base, Mizugama, Kadena, Okinawa 904-0200 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…

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