Solicitation - FA527022R0009.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

Solicitation/Contract Form

FY22 F18PE 374449 CENM FM9 LXEZ201097 Rpr Mitigate Radon, Multi,Facs (90, 246, 908, 3445)

Proposal Identifier: FA527022R0009 Date: 04 May 2022

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Qty Unit Unit Price

Amount

The Contractor shall furnish all tools, equipment, materials, testing, labor and personnel necessary to plan, design, manage, supervise and construct the project to install reliable and functional Radon mitigation systems at Bldgs. 90, 246, 908, and 3445 in accordance with the Statement of Work. Work will include but is not limited to; Radon testing, excavation, concrete drilling, other concrete work, installation of ventilation piping, installation of exhaust fans, and all associated electrical work.

Minor landscape work, painting, and other interior repairs will be required to restore disturbed areas.

Product Service Code: 6636 Pricing Arrangement: Firm Fixed Price

1 Project

Description/Specifications/Statement of Work

Install Radon Mitigation at Bldgs. 90, 246, 908, and 3445 on Kadena Air Base.

1. The magnitude of the project is between $250,000 and $500,000 (26,977,850 JPY - 53,955,700 JPY).

This general statement of the magnitude of the base project is furnished for the convenience of the prospective offerors. The actual extent of work required will be governed by the contract specifications and drawings.

2. 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, decreees, labor standards, and regulations of Japan during the performance of the contract. Prior to award, offerors must be registered to do business in Japan and possess a construction license (Kensetsu-Gyo Kyoka) issued by the Ministry of Land, Infrastructure and Transport, or prefectural government.

3. This solicitation is not authorization to begin performance, and in no way obligates the Government for any costs incurred by the offeror associated with developing a proposal. Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

Scope - The Contractor shall furnish all tools, equipment, materials, testing, labor and personnel necessary to plan, design, manage, supervise and construct the project to install reliable and functional Radon mitigation systems at Bldgs. 90, 246, 908, and 3445.

Requirements FY22 F18PE 374449 CENM FM9 LXEZ201097 Rpr Mitigate Radon, Multi,Facs (90, 246, 908, 3445)

Packaging and Marking

Inspection and Acceptance

Deliveries or Performance

Overall Contract Delivery Period

Contractor Destination

Line Item

Delivery Schedule QTY Address and POC

Delivery Requested By Delivery Date 30 Jan

1 Project Ship To DoDAAC: F2H2B9

USAF:718 CES CECC

718 CES AF BPN NO MILSBILLS PROCESSES UNIT 5261 APO AP 96368-

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

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

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

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

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

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

NA

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2in1

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

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

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

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

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

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

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA5270

Admin DoDAAC FA5270

Inspect By DoDAAC F2H2B9

Ship To Code F2H2B9

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) FA5270

Service Acceptor (DoDAAC) FA5270

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

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

jenna.maginnis@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

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

Nov 2021

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

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. Sep 2021 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

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

Dec 2008

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.

Jan 2021

252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.223-7008 Prohibition of Hexavalent Chromium. Jun 2013 252.225-7001 Buy American and Balance of Payments Program. Mar 2022 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7005 Identification of Expenditures in the United States . Jun 2005 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. Jun 2015 252.232-7010 Levies on Contract Payments. Dec 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

Apr 2020

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

DFARS Clauses Incorporated by Full Text

252.236-7001 Contract Drawings and Specifications. Aug 2000

As prescribed in 236.570(a), use the following clause:

CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall-

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

(End of clause)

Supplemental Clauses Incorporated by Full Text

5352.201-9101 Ombudsman Oct 2019

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, <<1>>. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

(End of clause)

List of Attachments

Number Attachment Name

Attachment Description Reference Identifier

Date Line Item

Statement of Work -

REPAIR

MITIGATE

RADON

Statement of Work 04 May

02 RFI Q and A RFI Q & A 04 May

Past Performance Questionnaire

Past Performance Questionnaire 04 May

Project Information Sheet

Project Information Sheet 04 May

Representations, Certification, & Other Statements

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-7 System for Award Management. Oct 2018

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7005 Representation Relating to Compensation of Former DoD Officials. Nov 2011

FAR Clauses Incorporated by Full Text

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Nov

As prescribed in , insert the following provision:4.2105(a)

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

As used in this provision-(a) Definitions.

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain and substantial or essential component

Telecommunications and Video Surveillance Services or Equipment.

. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (1) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-(i) party, such as backhaul, roaming, or interconnection arrangements; or

Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or (ii) packets that such equipment transmits or otherwise handles.

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the (2) head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-(i) party, such as backhaul, roaming, or interconnection arrangements; or

Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or (ii) packets that such equipment transmits or otherwise handles.

The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for (c) Procedures.

entities excluded from receiving federal awards for "covered telecommunications equipment or services".

The Offeror represents that-(d) Representation.

It will, will not provide covered telecommunications equipment or services to the Government in the performance of any (1) contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-(2)

It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the (1) representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

For covered equipment-(i)

The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, (A) and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, (B) manufacturer part number, or wholesaler number; and item description, as applicable); and

Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use (C) would be permissible under the prohibition in paragraph (b)(1) of this provision.

For covered services-(ii)

If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the (A) item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the (B) proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in (2) paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

For covered equipment-(i)

The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, (A) and whether the entity was the OEM or a distributor, if known);

A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, (B) manufacturer part number, or wholesaler number; and item description, as applicable); and

Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use (C) would be permissible under the prohibition in paragraph (b)(2) of this provision.

For covered services-(ii)

If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the (A) item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered (B) telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. Jun 2020

As prescribed in , insert the following provision:29.402-3(a)

TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION (JUN 2020)

. As used in this provision-(a) Definitions means any person other than a United States person.Foreign person means any payment made pursuant to a contract with a foreign contracting party that is for goods, Specified Federal procurement payment manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

as defined in 26 U.S.C. 7701(a)(30) meansUnited States person

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

A domestic partnership;(2)

A domestic corporation;(3)

Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and(4)

Any trust if-(5)

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

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

Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such (b) payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an (c) exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. 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. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that(d)

It is is not a foreign person; and(1)

If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 (2) a full exemption, or partial or no exemption [Offeror shall select one] from the excise tax.

If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-(e)

The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and(1)

The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not (2) be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject (f) to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

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 (g) 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.

(End of provision)

DFARS Clauses Incorporated by Full Text

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services- Representation. May 2021

As prescribed in 204.2105(b), use the following provision:

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) . "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or Definitions essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from Prohibition procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) . The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at for Procedures https://www.sam.gov entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) . If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at Representation 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) . If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications Disclosures equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

Instructions, Conditions, & Notices to Offerors or Quoters

Section L - Instructions, Conditions, and Notices to Offerors

GENERAL PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts;

Part I - Summary and Miscellaneous Data, Part II - Price Proposal, and Part III - Past Performance Proposal.

B. Specific Instructions:

1. PART I - SUMMARY AND MISCELLANEOUS DATA. Submit one CD or an electronic copy to the addresses provided in Section D: General Information.

(a) The offeror shall provide a concise summary and master table of contents of the entire proposal.

(b) Complete blocks 14, 15, 16, and 19 of the RFP Section A, SF1442 . In doing so, the offeror accedes to the contract terms and conditions as written in the RFP Sections A through K. These sections constitute the model contract.

(c) Your acknowledgement of any and all Amendments to the solicitation in accordance with the instructions on the Standard form 30 Amendment. (Amendments will not be counted against the page limits).

(d) Complete the necessary fill-ins and certifications in Sections I through K. Section K shall be returned in its entirety. For Sections C through I, the offeror shall submit only those pages that require a fill-in.

(e) Joint Venture Offerors: If the offeror is a joint venture, the offeror shall provide all required solicitation information for all parties including a copy of the joint venture agreement. The agreement shall include information which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the joint venture.

(f) Teaming/Partnering Offerors: If the offer is based on a teaming/partnering relationship, the offeror shall provide all required solicitation information for all parties including a copy of the teaming/partnership agreement. The agreement shall include information, which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the teaming/Partnering relationship.

(g) Incurred Expenses: The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation.

(h) Licensing Requirement: 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 must be registered to do business in Japan and possess a construction license (Kensetsu- Gyo Kyokasho) issued by the Ministry of Land, Infrastructure and Transport, or prefectural government.

2. PART II - PRICE PROPOSAL - Submit one CD or an electronic copy to the addresses provided in Section D:

General Information.

(a) Insert proposed unit and extended prices for each Contract Line Item Number (CLIN) including all option CLINS. Pricing shall be your best offer to include but not limited to indirect costs such as overhead, profit, bond, insurance, etc. It is imperative that mathematical calculations are correct.

(b) Extreme care should be exercised to ensure that no proprietary data of any kind are included in the proposal.

3. PART III - PAST PERFORMANCE PROPOSAL - Limited to no more than 5 pages per contract listed. Only references for past efforts/contracts of relevance are desired. Submit one CD or an electronic copy to the addresses provided in Section D: General Information.

(a) Project Information Sheet included in this solicitation, is provided for the offeror to submit previous Radon Mitigation projects experience whose past performance is to be considered under this solicitation.

(1) Submit no more than (3) in total relevant projects. If more than three (3) projects are submitted, only the first three (3) projects will be considered for evaluation. The fourth (4th) and any additional project will not be considered for evaluation. This is regardless whether or not the first three (3) projects are classified as "relevant" or "not relevant" by Government evaluators. Offerors shall use Project Information Sheet when submitting past performance information.

(2) If an offeror has no past performance history of relevance, the offeror must state affirmatively it possesses no past performance history of relevance. The offeror shall ensure correct phone numbers and email addresses are provided for the client point of contact.

(b) Past Performance Information: Only recent and relevant Radon Mitigation projects are requested for evaluation. For the purposes of this solicitation, "recent" is defined as within the last five (5) years prior to the solicitation issuance date. "Relevant" projects include the following and must be submitted in Part III of the offeror's proposal.

(1) General description: The scope includes but is not limited to: design and perform the work to provide reliable and functional radon mitigation systems for housing units. And demonstrated ability to upgrade, or replace existing radon mitigation systems in order to bring them into compliance with exposure limits.

(2) At least one radon mitigation project of contract value at least $200,000 (or Yen equivalent);

(3) Were completed on a DoD Installation;

(4) Were completed by the Offeror as the prime or sub contractor;

Note: For purposes of evaluating past performance as a prime contractor, the offeror and prime contractor are defined as the contractor identified in Block 14 of SF 1442. If a Joint Venture (JV) is identified in Block 14 of the SF 1442 as the "prime contractor", then a signed joint venture agreement must be submitted with the proposal and the joint venture shall be registered as such in the System for Award Management (SAM).

(i) Projects performed by contractors other than the offeror (such as teaming partners) will not be evaluated as construction experience by a prime contractor unless those other contractors are part of a joint venture for this solicitation as demonstrated by a signed joint venture agreement.

(ii) For projects in which your firm or a joint venture partner firm performed the role of a subcontractor, this will not count as experience as a prime contractor.

(iii) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past performance information on previous teaming arrangements with same partner(s). If this is a first time joint effort, each party to the arrangement must provide a list of recent relevant past performance.

(iv) Teaming arrangements are subject to the same past performance submission requirements.

(c) Quality and Satisfaction Rating of Contracts: Past Performance Questionnaires (PPQs) shall be used by the offeror in obtaining and providing past performance information. The government requires the offeror send out a PPQ to EACH of the Points-of-Contact (POCs) identified in the submitted Project Information Sheet (para (a) above). The offeror shall complete and submit with the proposal the first page of the PPQ for every Project Information Sheet.

The offeror shall send out the PPQ, using the Past Performance Evaluation Cover Letter to each of its references.

THE RESPONSIBILITY TO SEND OUT THE PAST PERFORMANCE QUESTIONNAIRE RESTS SOLELY

WITH THE OFFEROR. OFFERORS SHOULD FOLLOW-UP WITH CLIENTS/REFERENCES TO ENSURE

TIMELY SUBMITTAL OF QUESTIONNAIRES. PPQS ARE DUE BACK TO THE GOVERNMENT BY

THE PROPOSAL DUE DATE LISTED IN BLOCK 13 OF THE SF 1442.

Once the questionnaires are completed by the POCs, the information contained therein will be considered source selection sensitive and will not be released outside the Government. The POCs shall forward their completed questionnaires directly to the Government - NOT BACK TO THE OFFEROR.

PPQs shall be sent directly from your reference to this office marked to the attention of 1st Lt Jenna Maginnis, via e-mail to jenna.maginnis@us.af.mil or mailed to the following address:

18th Contracting Squadron Attn: 1st Lt Jenna Maginnis Unit 5199, Bldg 95

APO AP 96368-5199

(d) In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team member (joint venture, teaming arrangement) identified in the offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

(e) The evaluation of past performance information will not take into account past performance regarding predecessor companies, will not take into account past performance of key personnel who have relevant experience, and will not take into account past performance regarding subcontractors that will perform major aspects of the requirement when such information is relevant to this acquisition.

(f) Joint Venture/Teaming Arrangement: If the offeror is part of a team arrangement as defined in FAR 9.601 (Joint Venture, Teaming/Partnering), the offeror shall provide all required solicitation information for all parties including a copy of the joint venture or teaming/partnership agreement. The agreement shall include information that identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify teaming/partnership relationship.

D. General Information:

1. Information regarding submission of proposals: Hand carried or mailed proposals must be delivered to the following address:

18th Contracting Squadron/LGCC Attn: 1st Lt Jenna Maginnis Unit 5199, Bldg 95

APO AP 96368-5199

Note: Hand carried or mailed proposals must be properly labeled with solicitation number, project title, and company name.

Electronic copies of proposals must be delivered to the following address(s):

Attn: 1st Lt Jenna Maginnis Email: jenna.maginnis@us.af.mil

2. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

3. Offerors are cautioned that Kadena Air Base has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE EXPECTED WHEN HAND-CARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at 18th Contracting Squadron, Kadena Air Base prior to the time specified for receipt. Late proposals are defined as being received by the 18th Contracting Squadron after the solicitation closing date and time and will be processed in accordance with FAR 52.215-1(c)(3),"Submission, modification, revision, and withdrawal of proposals."

4. FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base:

New Year's Day 1 January Birthday of Martin Luther King Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Juneteenth 19 June Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December Note: The offeror and prime contractor are defined as the contractor identified in Block 14 of SF 1442. If a Joint Venture (JV) is identified in Block 14 of the SF 1442 as the "prime contractor", then a signed joint venture agreement must be submitted with the proposal and the joint venture shall be registered as such in the System for Award Management (SAM).

5. Submission of Complete Proposals: All proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and elimination from consideration for award.

The Government reserves the right to award without discussions. Any commitments made in the proposal shall become a part of the resultant contract.

6. Incurred Expenses: The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation. The offeror is required to submit an offer on all items. Failure to do so may disqualify the proposal.

7. In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful proposals and will destroy all extra copies. No destruction certificate will be provided.

8. Amendments prior to receipt of proposals: The Government reserves the right to revise or amend the solicitation, specifications and/or drawing, prior to the date of receipt of proposals. If, in the opinion of the Contracting Officer, revisions or amendments require material changes in the quantity or price of items, the date of receipt of proposals may also be changed. Such revisions or amendments, or change in the date for receipt of proposals will be announced by an amendment to the Request for Proposals

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 52.204-22 Alternative Line Item Proposal. Jan 2017 52.214-34 Submission of Offers in the English Language. Apr 1991 52.214-35 Submission of Offers in U.S. Currency. Apr 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016 252.215-7007 Notice of Intent to Resolicit. Jun 2012

DFARS Clauses Incorporated by Full Text

252.215-7008 Only One Offer. Jul 2019

As prescribed at 215.408(3), use the following provision:

ONLY ONE OFFER (JUL 2019)

(a) . After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was Cost or pricing data requirements received, the Offeror agrees to-

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) . If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. Canadian Commercial Corporation If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and…