A.8.6_AM-0006_15-B-0017(post_closing).pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Solicitation No. W912HV-15-B-0017, FY15 REPAIR APRON AND TAXIWAY AND CONSTRUCT EMERGENCY LANDING PAD, YOKOTA AIR BASE, JAPAN is amended as follows:

1) In accordance with FAR 14.404-1(c)(6) and (f), the referenced Invitation for Bid is hereby cancelled and converted by amendment to a Request for Proposal (RFP) W912HV-15-R-0041. In accordance with FAR 14.404-1, award will be made to the responsible offeror with the lowest evaluated price.

2) The date and time set for receipt of proposals is 17 September 2015 at 10:00am JST

3) Please submit proposals (to include proposal schedule, SF1442, representations and certifications and new bid bonds) to the U.S. Army Engineer District, Japan, ATTN: Sean Sackett/Tezra Hamilton, Bldg 250, Room 147, Camp Zama, Zama-shi, Kanagawa-Ken 252-8511 Japan

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer) (Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912HV-15-B-0017

X 9B. DATED (SEE ITEM 11)

13-Jul-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

AM-0006 (Post Closing)

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11 Sep 2015

CODE

U.S. ARMY ENGINEER DISTRICT, JAPAN

CONTRACTING DIVISION

APO AP96338-5010

UNITED STATES (THE)

W912HV 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL: TEL:

Standard Form 30

Item 14 (Continued)

AM-0006

1. CHANGES TO SOLICITATION. The amendment mark “AM-0006” is shown on each page of the amended specification.

a. REVISED SECTIONS/CLAUSES/PROVISIONS/PAGES/PARAGRAPHS. Attached hereto are the following revised page(s)/paragraph(s). Revised page(s)/paragraphs will be replaced with like-numbered page(s)/paragraph(s) in the solicitation. Changes are indicated by an asterisk (*) in the left margin opposite the beginning of the revision and an asterisk (*) in the right margin opposite the end of the revision.

Section Page No(s)/Paragraph No(s)

00 10 26 60 33 Para 3.3.2/ Page 2 – PN46908

00 10 26 60 33 Para 3.3.2/ Page 2 – PN46909

00 10 26 60 33 Para 3.3.2/ Page 2 – PN46910

b. DELETED PAGES. The following section(s) are deleted in its entirety:

Standard Form 1442 Pages 1-2

00 10 00 Entire section deleted

00 21 00 Entire section deleted

00 45 00 Entire section deleted

00 70 00 Entire section deleted

00 73 00 Entire section deleted

c. NEW PAGES. Attached hereto are new page(s) to the solicitation:

Standard Form 1442 Pages 1-2

00 10 00 Pages 3-4

00 21 00 Pages 5-13

00 45 00 Pages 14-22

00 70 00 Pages 23-36

00 73 00 Pages 37-47

2. The proposal due date is Thursday, September 17, 2015 at 10:00 am JST.

FY15 REPAIR APRON AND TAXIWAY AND CONSTRUCT EMERGENCY LANDING PAD, YOKOTA AIR BASE, JAPAN

SECTION 00 10 00, Solicitation, Contract Line Item Number (CLIN) Schedule SECTION 00 21 00, Instructions SECTION 00 45 00, Representations and Certif ications SECTION 00 70 00, Conditions of the Contract SECTION 00 73 00, Supplementary Conditions Specif ications and Draw ings - PN46908 - Repair Apron Specif ications and Draw ings - PN46909 - Repair Taxiw ay Specif ications and Draw ings - PN46910 - Construct Emergency Landing Pad

Funds are not presently available for this acquisition. No contract aw ard w ill be made until appropriated funds are made available.

TEZRA J HAMILTON 046-252-0994

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

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

NEGOTIATED

10-Sep-2015

(RFP)

(IFB)

X

CALL:

Repr Apron, Taxiw ay, & Construct Emer Landing Pad, Yokota AB

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________420 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________17 Sep 2015 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY ENGINEER DISTRICT, JAPAN

ATTN: CONTRACTING DIVISION

BLDG. 250, ROOM 147, CAMP ZAMA

ZAMA-SHI, KANAGAWA-KEN 252-8511

JAPAN

W912HV

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

46908, 46909, 46910

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

FAX:TEL: TEL: FAX:

W912HV-15-R-0041 47

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912HV-15-B-0017

Section 00 10 00

PROPOSAL SCHEDULE

Item Unit

No. Description Quantity Price Amount___

FY-15 O&M - PN46908 REPAIR APRON PAVEMENTS

YOKOTA AIR BASE, JAPAN M014FR47

CLIN:

0001 Repair of Apron

Pavements 1 JOB ¥__________

FY-15 O&M - PN46909 REPAIR TAXIWAY HOLD LOCATIONS

YOKOTA AIR BASE, JAPAN M014FR49

0002 Repair of Taxiway

Hold Locations 1 JOB ¥__________

FY-15 O&M - PN46910 CONSTRUCT EMERGENCY LANDING PAD

YOKOTA AIR BASE, JAPAN M014FR40

0003 Construct Emergency

Landing Pad 1 JOB ¥__________

TOTAL: CLIN SCHEDULE (0001, 0002, 0003) ¥__________

NOTES FOR PROPOSAL SCHEDULE

NOTE NO. 1. Failure to propose price on all the items in the Proposal

Schedule may be cause for rejection of the offer as unacceptable.

NOTE NO. 2. Any reference to “bid”, “bidder” or “bidding schedule” shall be construed to mean “offer”, “offeror” and “proposal schedule”, respectively.

NOTE NO. 3. The work described under CLIN 0003 is subject to Statutory Cost

Limitation of $845,666(¥101,581,399.92). This cost limitation is established by law and does not represent the Government’s estimate of the cost of the work. Offerors that submit a price proposal exceeding the statutory cost limitation shall not be considered for award.

NOTE NO. 4. See Section 01 10 26.60 33 CONTRACT ADMINISTRATION DATA, subparagraph 3.3.2 for additional proposal item description.

END OF PROPOSAL SCHEDULE

Section 00 21 00 - Instructions

INSTRUCTIONS

1. DELIVERY OF BIDS/OFFERS (MAR 2014).

a. Each bidder/offeror is solely responsible for ensuring that their bid/offer is received by the Government as specified in the solicitation. Please read the following statements to ensure timely submittal of your bid/offer:

(1) Closely coordinate the delivery of your bid/offer in sufficient time before the bid opening date/proposal due date.

(2) Bids/offers will not be accepted at the main gate of Government facilities.

(3) Valid picture identification is required for entry into Government facilities.

b. For Japanese visitors, Residential Registration Card, Passport, or Japanese Driver's License are considered valid picture Identification. Those individuals using a newly issued Japanese driver’s license with an Identity Code (IC) chip as a form of identification will be required to enter an 8 digit Personal Identification Number (PIN) into an IC Chip Reader. Individuals are granted 3 attempts to input their PIN and will be denied access if they are unable to input the correct PIN. To obtain or reset the PIN code, individuals should go to their local Japanese police driver’s licensing center for assistance.

c. For non-Japanese visitors, Passport or Alien Registration Card are considered valid picture identification.

d. The Government will not escort or provide any base access to any door-to-door service company.

e. For bids/offers addressed to Camp Zama.

(1) The Japan Post has access to Camp Zama.

(2) If you decide to hand-carry your bid/offer to Camp Zama, please allow sufficient time to have a Government personnel meet your representative(s) at the Camp Zama main gate, sign your representative(s) in, and be escorted to our office. We suggest arriving at the gate to Camp Zama at least 30 minutes before the closing time for bid/offer acceptance.

2. SOLICITATIONS FOR LOCAL SOURCES ONLY. This contract will be performed in its entirety in the country of Japan and is intended only for local sources. (See Federal Acquisition Regulation 5.202(a)(12) and Paragraph titled, ”Offeror Eligibility”.) (JED APR 2006)

3. SUBMISSIONS OF OFFERS IN JAPANESE YEN. Offers submitted in response to this solicitation shall be in terms of Japanese Yen, including any required bid guarantee. Offers received in other than Japanese Yen shall be rejected.

4. MAGNITUDE OF THE PROPOSED PROJECT. The estimated price range of this work is between Y100,000,000 and Y500,000,000. [FAR 36.204].

5. BONDING THRESHOLDS (MAR 2015).

a. Under the Federal Acquisition Streamlining Act of 1994, Public Law 103-355 (FASA), the Miller Act (40 U.S.C. 270a-270f) no longer applies to contracts that do not exceed the amount of $150,000. Therefore, the Government will not require the successful bidder to furnish a performance bond if it appears that award of a contract to the bidder will be in an amount of Y16,500,000 or less.

b. The government requires a bid guarantee to accompany a bid when a performance bond will be required under the resulting contract. Therefore, under this solicitation, any bid that is in excess of Y16,500,000 shall be accompanied by a bid guarantee, in the form and amount that is required by provision "52.228-1, BID GUARANTEE," and other pertinent provisions and clauses in this solicitation. Failure to submit a bid guarantee in such case may render the bid non-responsive to the solicitation.

c. A bid under this solicitation that does not exceed Y16,500,000 shall not require a bid guarantee to be submitted with the bid. Absence of a bid guarantee in such case will not, in and of itself, render the bid non-responsive to the solicitation.

6. PERFORMANCE BOND (MAR 2015).

a. Applicable to contracts exceeding Y16,500,000.

b. Within 10 calendar days after the date of receipt of the award letter, the bidder to whom award is made shall furnish the Government with a performance bond (Standard Form 25) with good and sufficient surety or sureties acceptable to the Government. The penal sum of the Performance Bond shall equal one hundred percent (100%) of the contract price.

c. Performance bond will be furnished by the Contractor to the Government prior to issuance by the Government of a Notice to Proceed. (FAR 28.102-3) [0000-4124]

7. SAFETY STANDARDS. The successful offeror will be required to comply with the Occupational Safety and Health Act (OSHA) standards as well as the Corps of Engineers Manual 385-1-1, Safety and Health Requirements Manual.

8. PERFORMANCE OF WORK BY THE CONTRACTOR – DEFINED. For the purpose of Clause entitled, "PERFORMANCE OF WORK BY THE CONTRACTOR", of Special Contract Requirements, work on the site with the Contractor's own organization means physical activities at the site other than work performed by subcontractors, procurement of materials for installation by subcontractors, or providing equipment to be used solely by subcontractors.

9. PRORATED COSTS. All costs pertaining to the performance of work under the contract over and above the direct costs for the work shall be prorated to and included in the price quoted for each item in the Bidding Schedule.

10. SPECIAL TREATMENT OF PACKAGING OF EQUIPMENT AND MATERIAL. Bidders are cautioned that equipment and material requiring ocean transportation may be subjected to inordinate dangers and special treatment or packaging may be necessary to assure arrival in a condition conforming to contract requirements.

11. SIGNATURE ON OFFERS. Offers must be signed by an officer of the company or an individual who is authorized to sign offers for and on behalf of the company. An individual, other than an officer of the company, who signs an offer must submit evidence of his authority to sign such offer. This evidence must accompany the offer. Failure to comply with this requirement may be cause for rejection of the offer.

12. JOINT VENTURE. In the event the offeror is a joint venture, the offer must be signed by an authorized representative of each participant in the joint venture. Failure to comply with this requirement may be cause for rejection of the offer.

13. OFFEROR ELIGIBILITY. Only local sources will be considered under this solicitation.

Local sources are sources (e.g. corporations, partnerships, or Joint Ventures [For a Joint Venture, the Joint Venture as an independent entity must satisfy the local source requirements or, in the alternative, each member of the Joint Venture must individually satisfy the local source requirements]) that are physically located in Japan and authorized (i.e. licensed and registered) to perform in Japan, the type of construction work specific in this solicitation.

Specifically, a prospective offeror 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 resulting contracts. In addition, prior to award of the contracts, offerors must be registered with the Government of Japan to do construction work in Japan and possess necessary construction licenses and permits to perform work required under this solicitation. The U.S. Government will not offer “United States Official Contractor” status under Article XIV of the US-Japan Status of Forces Agreement (SOFA) to U.S. contractors normally resident in the United States; nor will the U.S. Government certify employees of such contractors as “Members of the Civilian Component” under Article I(b) of the SOFA.

14. JAPANESE CONSUMPTION TAX (APR 2014). Effective April 1, 2014, the Government of Japan increased the rate of Japanese Consumption Tax from 5% to 8%. By virtue of Article XII of the Status of Forces Agreement (SOFA), materials, supplies, equipment and services procured for official purposes in Japan by the United States armed forces, or its authorized procurement agencies are EXEMPT from various Japanese Taxes, including Consumption Tax.

The exemption from the Japanese Consumption Tax applies not only to Japanese prime contractors, but also to Japanese subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or a Foreign firm. The instruments listed hereinafter have been agreed to by both governments of Japan and the U.S. as "Proof of Purchase by U.S. Forces in Japan.”

Standard Form 1034 Public Voucher for Purchases and Services other than Personal

DD Form 1155 Order for Supplies or Services

Standard Form 44 Purchase Order-Invoice-Voucher

ENG Form 93 Payment Estimate

Therefore, Japanese Consumption Tax shall NOT be included in your bid, proposal or quote.

15. DEFINITION OF THE WORDS ITEM/ITEMS.

a. This solicitation contains a single schedule for award to a single bidder.

b. For the purpose of this solicitation, the words "ITEM" and "ITEMS" as used in provision(s) of this section shall be construed to mean "SCHEDULE" and "SCHEDULES", respectively.

16. ACCEPTABLE SURETIES (MAR 2013). Notwithstanding the statement contained in paragraph (d) of the clause, FAR 52.228-15, "Performance and Payment Bonds - Construction (OCT 2010)", concerning the acceptable corporate sureties appearing on the Treasury Department Circular 570, a corporate surety that has received official approval to execute bid bonds (Standard Form 24) and performance bonds (Standard Form 25) on United States Forces Japan construction projects from the Government of Japan will be considered an acceptable surety. Banks are not acceptable sureties; bid bonds and performance bonds executed by banks will be rejected.

17. FUNDING. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available from which payment for contract purposes can be made.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013

52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and

Standardization Information System (ASSIST)

APR 2014

52.214-34 Submission Of Offers In The English Language APR 1991

52.236-28 Preparation of Proposals--Construction OCT 1997

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

52.252-3 Alterations in Solicitation APR 1984

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.215-7008 Only One Offer OCT 2013

252.236-7006 Cost Limitation JAN 1997

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting

Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include

Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the

Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal

Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at

52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the

Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the

Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the

Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or Y360,360,000($3,000,000 x Y120.12/1), whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Contracting Officer, U.S. Army Engineer District, Japan, APO AP 96338-5010.

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

GAO.

Section 00 45 00 - Representations and Certifications

CORPORATE CERTIFICATE

52.0000-4503 CORPORATE CERTIFICATE

In accordance with FAR 4.102(c), the offeror, if a corporation, is requested to complete and submit the following certificate. A joint venture will require a submittal of this certificate from both parties involved.

C O R P O R A T E C E R T I F I C A T E

The Offeror, if a corporation, shall have this certificate executed under its corporate seal, provided that the same officer of the corporation shall not execute both the offer and this certificate. [0000-4503]

I, __________________________________________________________________, certify that I am the

________________________________________________________ of the corporation named as

Offeror herein;

that _________________________________________________________________________, who signed the offer on behalf of the Offeror, was then _____________________________________________ of said corporation; and that said offer was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

(CORPORATE SEAL) __________________________________ (PERSONAL SEAL)

(Signature)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

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

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

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

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

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

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

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

Products Under Service and Construction Contracts.

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

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

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

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

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

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

52.225-5.

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

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran—Representation and Certification. This provision applies to all solicitations.

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

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

[Contracting Officer check as appropriate.]

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

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

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the

NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

https://www.acquisition.gov/

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (DEC 2014)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. By submission of its offer, the offeror represents that--

(1) It is not an inverted domestic corporation; and

(2) It is not a subsidiary of an inverted domestic corporation.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV

2011)

(a)…