W912HV-20-B-0013-AM0001.pdf
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- AFSOC103010 Simulator Facility, Yokota AB, Japan
- Solicitation number
- W912HV-20-B-0013
About this file
This solicitation announcement is for the construction of an AFSOC Simulator Facility at Yokota Air Base in Japan. The project involves building an 845 square meter facility including a concrete foundation and floor slab, concrete walls and roof, steel structure, sloping metal roof, fire alarms, suppression system, and support facilities. Functional areas will include a flight simulator high bay, training device spaces, computer room, storage, maintenance, and administration/briefing rooms. Site improvements and coordination with other contractors are required. The project magnitude is estimated between 1 to 2.5 billion Japanese yen. The solicitation is only open to local Japanese sources licensed and registered to perform construction work in Japan. Interested companies must be registered in SAM and submit contractor applications and licensing documentation to the USACE Japan District office. The bid opening date is November 24, 2020.
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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)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
AFSOC103010 Simulator Facility, Yokota AB, Japan
The purpose of this amendment is to:
1) Revise Draw ings and Specifications
1. CONTRACT ID CODE PAGE OF PAGES
J 1 24
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. 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 W912HV20B0013
X 9B. DATED (SEE ITEM 11)
24-Jul-2020
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, X 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.
2. AMENDMENT/MODIFICATION NO.
Am-0001
5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
CODE
CONTRACTING DIVISION
USACE-JAPAN DISTRICT
RM 147, BLDG. 250
CAMP ZAMA
ZAMA-CITY, KANAGAWA 252-8511
JAPAN
W912HV 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
23-Oct-2020
W912HV20B0013
Am-0001
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
14. DESCRIPTION OF AMENDMENT (continued)
A. CHANGES TO SPECIFICATIONS – The amendment mark “(AM-0001)” is shown on each page of the amended specification section(s).
(1) Revised Section(s) and Revised Section Attachment(s) to Project Specifications.
Attached hereto are the following revised section(s) and revised section attachment(s) to the specifications. Revised section(s) replace like numbered section(s) in the subject solicitation specifications, though some existing section attachment(s) pertaining to these sections remain in effect, as identified below. Revised section attachment(s) replace like-numbered section attachment(s) in the subject solicitation specifications. Changes are indicated by a red line in the left margin of revised areas. All portions of the revised section(s) and revised section attachment(s) shall apply whether or not changes have been indicated.
Revised Section(s):
Section 01 45 00 Section 01 45 35 Section 03 11 13.00 10 Section 05 30 00 Section 05 50 13 Section 05 52 00 Section 12 24 13 Section 21 13 13.00 10 Section 22 00 00 Section 23 52 00 Section 23 64 10 Section 26 20 00 Section 26 24 13 Section 26 28 01.00 10 Section 26 41 00 Section 26 56 00 Section 27 05 28.36 40 Section 27 13 23.00 40 Section 33 11 00 Section 33 51 13.00 30 Section 33 51 15 Section 33 71 02
Revised Attachment(s) 01 33 00-B
(2) Added Section(s). The following section(s) are attached hereto and added to the specifications:
Added Section(s):
32 13 13.06 01 91 00.00 40
Added Attachment(s):
01 57 19-A
(3) Deleted Section(s). The following section(s) are deleted entirely from the specifications:
Deleted Section(s):
01 91 00.00 40 26 42 14.00 10 32 13 11
B. CHANGES TO DRAWINGS (ISSUED) – The amendment mark “(AM-0001)” is shown on each sheet of the amended drawing sheet(s).
(1) Revised Sheet(s) to Drawings. Attached hereto are the following revised sheets to the drawings. Revised sheets will replace like-numbered sheets in the subject solicitation drawings. Changes are indicated in revision clouds. All portions of the revised sheet(s) shall apply whether or not changes have been indicated.
Revised Sheet(s) to Drawing:
G-100
CU502
S-002 S-608 A-003 A-311 A-312 A-313 A-314 A-521 I-601
ES701
E-001 E-601 E-603
EP202
TS001
TS101
T-603
C. All questions and the Government responses regarding this solicitation are to be viewed through the web-based program “Bidder Inquiry Module”. This program is located on the internet and can be accessed at https://www.projnet.org/projnet. Answers provided to the respective questions through the ProjNet do not amend the solicitation (specifications, drawings, etc.) unless revision to the specifications or drawings is specifically noted and incorporated into the solicitation via an amendment.
D. The bid opening date and time of November 24, 2020 (02:00 PM), Japan Standard Time remains unchanged.
SECTION 00 21 00 - INSTRUCTIONS
The following have been modified:
Section 00 21 00 - Instructions
1. THIS IS AN INVITATION FOR BID SOLICITATION
a. Prospective Bidders are required to submit an Electronic Bid in response to Invitation for Bid (IFB) Solicitation Announcement Number W912HV-20-B-0013.
b. Electronic Bids shall be received by the date and time identified in the solicitation.
c. A Virtual Public Bid Opening will be conducted telephonically ONLY.
d. An Abstract of Bids (Optional Form 1419, Abstract of Offers – Construction) will be completed, verified/certified as to its accuracy and posted on the following Government Point of Entry website: beta.SAM.gov.
2. REQUIRED SUBMITTALS FOR INVITATION FOR BIDS.
a. Bidders shall include the following documents when submitting a Sealed Bid in response to W912HV-20-B-0013, for AFSOC Simulator Facility construction project:
(1) SF1442 (pages 1 and 2), including acknowledgment on all SF30 Amendments issued;
(2) Section 00 10 00, Solicitation, Contract Line Item Number (CLIN) Schedule (completed in its entirety);
(3) Section 00 45 00, Representations and Certifications (completed in its entirety);
(4) Bid Guarantee (shall include a scanned copy of the “Original” Bid Guarantee. The
Corporate Seal shall be visible on scanned Copy of Bid Guarantee. See Paragraph 16 below for additional submission requirements); and
(5) Joint Venture Agreement (if applicable).
b. Failure to submit all required documents may result in the Bid being considered non-responsive. Additionally, failure of the Bidder to propose prices for all items in the CLIN Schedule may be cause for rejection of the Bid as non-responsive.
3. DELIVERY OF BIDS.
a. An Electronic Bid shall be submitted via Department of Defense Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/).
b. Emailed Bids are strictly prohibited and will be rejected.
c. Firms are solely responsible for ensuring that their Electronic Bid is uploaded and received by the Government at the specified location prior to the date and time established in the solicitation.
d. To ensure timely submission of your Electronic Bid, Bidders should closely coordinate the upload/file transfer the delivery of your Electronic Bid Package with sufficient time to ensure receipt by the Government prior to the date and time established in the solicitation.
e. Physical or paper Bids will not be accepted.
f. The Government will not escort or provide any base access to any door-to-door service company.
g. Instructions For Submitting An Electronic Bid:
(1) Each Bidder is authorized to submit one (1) Electronic Bid Package.
(2) The Electronic Bid Package shall:
a) Include all documents identified in Paragraph 2 above;
b) Be submitted in Microsoft Word or pdf only; and
c) Be limited to 8GB.
(3) The Electronic Bid Package shall be submitted electronically using the Department of Defense Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/).
NOTE (1) The DoD SAFE website will provide a time-stamped notification to the Government when a file is uploaded.
NOTE (2): Additional, separate uploads or file transfers will not be accepted by the Government. In the event more than one Electronic Bid Package is submitted from a single company, only the latest time/date-stamped Electronic Bid will be downloaded and used to complete the Bid Abstract during the Virtual Public Bid Opening. All earlier versions will not be downloaded and subsequently rejected.
(4) To submit an Electronic Bid Package through the DoD SAFE website, Bidders shall follow the following steps:
Step 1: Send an Email no less than 24-hours prior to the closing date and time stated for receipt of Bids to Mr. Jiro Miyairi at (jiro.miyairi.ln@usace.army.mil), and Ms. Tristin N.
Suetsugu at (Tristin.N.Suetsugu.civ@usace.army.mil) requesting a secure link to upload your Bid Package to the DoD SAFE website (https://safe.apps.mil/).
Step 2: Prospective Bidders who timely submit a request will receive an automated email containing a link that will take the Bidder to the DoD SAFE website where the file can be uploaded.
Step 3: Prospective Bidders shall follow the instructions on the linked webpage to upload the Bid Package file. There is an optional note section that will be included in the email to the recipient selected. The recipient will receive an automated email containing any note entered and instructions for downloading the file.
NOTE (1): The link is only valid for 14 calendar days from the date and time the email is sent to the Prospective Bidder.
NOTE (2): Bidders are cautioned to log into the DoD SAFE website, using the link provided, with sufficient time to ensure the Electronic Bid Package is completely uploaded and time-stamped in the system prior to the date and time specified for receipt of Electronic Bids.
NOTE (3): It is the responsibility of the Prospective Bidder to promptly notify Mr. Jiro Miyairi at (jiro.miyairi.ln@usace.army.mil), and Ms. Tristin N. Suetsugu at (Tristin.N.Suetsugu.civ@usace.army.mil) if an email containing the link is NOT received on the day of their written request.
4. CONTRACTOR APPLICATIONS. Firms which have not submitted a Contractor Application to this office are requested to go to the U.S. Army Corps of Engineers, Japan Engineering District, Contracting Division website: https://www.poj.usace.army.mil/Business- With-Us/ to download the Contractor Application. Such firms shall be required to complete the aforementioned application and submit documents indicating they are registered with the Government of Japan to perform construction in Japan and possess both the necessary construction licenses and permits required to perform the requisite work identified in the solicitation. This documentation (with the required attachments) should be submitted to: U.S.
Army Corps of Engineers, Japan District, Bldg. 250, Room 147 Camp Zama, Zama-shi, Kanagawa-ken, Japan 228-8920, prior to submitting your Electronic Bid..
5. 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”)
6. 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.
7. MAGNITUDE OF THE PROPOSED PROJECT.
a. Physical Characteristics: AFSOC 103010, Simulator Facility, will be located at Yokota Air Base. This project will consist of the construction of 845 SM Simulator Facility that includes concrete foundation and floor slab, concrete walls, concrete roof slab, steel beam structure to support composite metal deck roofing at the high bay area, steel structure, sloping metal roof, fire alarm panels, fire suppression system and all necessary support.
Functional areas include areas such as flight simulator high bay, small training device spaces, computer room, supply spares storage, maintenance area, briefing rooms, administration and common areas. Supporting facilities to include utilities, pavements, site improvements, communications and all other necessary support.
Project AFSOC103022 Airfield Apron was awarded on 02 August 2019 to Nippo Corporation and is currently in construction, reference Section 00 70 00, FAR Clause 52.236-8, Other Contracts. This project provides all primary and secondary roadways, utilities, site improvements, communications, and mitigation for possible dud munitions for site preparation. The AFSOC103022 Airfield Apron OCA (Osprey Construction Area) exclusion zone will be completed and available for use by the time AFSOC103010, Simulator Facility, is awarded. Coordination with other Contractors, US Government and Installation will be necessary and done through the USACE Yokota Resident Office.
All work carried out is to comply with current Base, Air Force, and Host Nation standards.
b. Magnitude of the Proposed Project. The estimated price range of this work is between ¥1,000,000,000 and ¥2,500,000,000 [FAR 36.204].
6. BIDDER INQUIRIES.
a. Prospective Bidders shall submit all questions or requests for information (RFI) regarding this solicitation through the PrjoNet website, which can be accessed at https://www.projnet.org/projnet/. The “Bidder Inquiry Module” in ProjNet will allow contractors to submit questions and/or RFIs, and display previously submitted questions and/or RFIs posted by other prospective Bidders. Telephonic and email questions sent directly to Government representatives will not be accepted. All questions and/or requests for information (RFI) shall be submitted Bidder Inquiry Module by the due date and time identified herein.
b. All questions or RFIs shall be submitted within the ProjNet, Bidder Inquiry Module no later than 11:59 PM (midnight), Japan Standard Time on 25 September 2020.
c. To submit and/or review questions related to this project, prospective Bidders must use a Bidder Inquiry Key and follow the instructions listed below for access.
d. The Bidder Inquiry Key is: YFT8ZP-KQHEZW
e. Prior to submitting questions or RFIs, prospective Bidders are encouraged to thoroughly review the Solicitation and all attachments (i.e. specifications and drawings) and the
Bidder Inquiry Module to confirm other Bidders have not previously submitted the same question or RFI, in order to avoid repeat inquiries.
f. For specification questions, select “Specifications,” then list the Section, Paragraph and Page Number to correspond to your inquiry. For Plans questions, select “Plans” and list the sheet and detail number for the inquiry.
g. ProjNet Access Instructions:
(1) Go to the website: https://www.projnet.org/projnet/.
(2) At the home page, select USACE for the “Managing Agency” field.
(3) At the home page, enter your email address under the “EMAIL” field (do not enter a password in the “Regular Accounts” Section).
(4) At the home page, enter the Bidder Inquiry Key under the “KEY ACCESS” field.
(5) Read and check “I agree to the privacy & security notice.”
(6) Press Sign-in button.
(7) A page will open requesting user account information and will ask you to create a new account (if you don’t have an existing account in the system). Enter all data fields required for account creation. When you log back in, you will need to answer your security question.
(8) Press “add user” to continue.
(9) Upon completion of account creation, you will have access to the ProjNet system and project page.
(10) Review and submit questions regarding this project. An offeror who submits a question will receive an automated email notification that their question has been received. All questions can be viewed from this program.
(11) For specific Step-by-Step for POSTING YOUR INQUIRIES, see the Reference link in the Contract Viewer.
(12) For questions about ProjNet, please contact the Call Center help desk toll free number at 1-800-428-HELP, which operates from 8 am to 5 pm (U.S. Central Time Zone). Questions can be emailed to the helpdesk at staff@rcesupport.com.
h. The Government reserves the right to answer questions after this deadline, but is not obligated to provide a response to late questions. The Government will respond to inquiries in ProjNet. Government responses to inquiries are intended to provide clarity and may or may not result in an amendment to the solicitation. All revisions to the specifications and/or drawings will be specified noted and incorporated into the solicitation via an amendment. Any information given a prospective Bidder concerning a solicitation will be furnished promptly to all other prospective Bidders as an amendment to the solicitation, if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other prospective Bidders.
7. BONDING THRESHOLDS.
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 ¥15,000,000 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 ¥15,000,000 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 ¥15,000,000 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.
d. FAR 52.228-1, Bid Guarantee, as included in this solicitation, requires a bid guarantee in the amount of 20 percent of the bid price or ¥300,000,000, whichever is less.
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 applicable 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. 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. BID GUARANTEES AND PERFORMANCE BONDS.
a. ACCEPTABLE SURETIES. Notwithstanding the statement contained in paragraph (d) of the clause, FAR Clause 52.228-15, "Performance and Payment Bonds - Construction", 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 Ministry of Finance, 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.
b. Notwithstanding the statement contained in paragraph (b) of clause FAR Clause 52.228-1, “Bid Guarantee”, the bid guarantee must be supported by good and sufficient corporate surety or sureties acceptable to the Government.
c. Notwithstanding the statement contained in paragraph (d) of clause FAR Clause 52.228-15, "Performance and Payment Bonds – Construction”, the performance bond must be supported by good and sufficient corporate surety or sureties acceptable to the Government.
d. The “Original” Bid Guarantee shall be scanned and included in the Electronic Bid package. The Corporate Seal shall be visible on the scanned copy of the Bid Guarantee submitted with the Electronic Bid.
e. In addition to submitting a scanned copy of the Bid Guarantee in the Electronic Bid package, Bidders are required to mail the “Original” Bid Guarantee to the address shown in Block 7 of the Standard Form 1442 Solicitation. The “Original” Bid Guarantee shall be POSTMARKED no later than the date and time stated in the Solicitation for receipt of Bids.
f. Prospective Bidders are authorized to use any local delivery method or service available to ensure delivery and receipt of the Bid Guarantee by the Government no later than seven (7) calendar days from the date stated in the solicitation for receipt of Bids. Possible mail delivery services may include, but are not limited to, the use of Yu-Pack (ゆうパック) from Japan Post or Nippon express (日本通運).
g. The physical "Original" Bid Guarantee must conform exactly to the scanned electronic copy included in the Electronic Bid Package submitted (uploaded) to the DoD SAFE website. Material differences between the scanned electronic copy and the physical "Original" Bid Guarantee may be cause for rejection of the Bid.
h. Failure of the Bidder to comply with both the electronic and the mailing submission requirement for the Bid Guarantee may render the Bidder non-responsive to the solicitation and the Bidder’s Electronic Bid may 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.
18. ARITHMETIC DISCREPANCIES.
a. For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:
(1) Obviously misplaced decimal points will be corrected;
(2) Discrepancy between unit price and extended price, the unit price will govern;
(3) Apparent errors in extension of unit prices will be corrected;
(4) Apparent errors in addition of lump-sum and extended prices will be corrected.
c. For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.
d. These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.
19. AMENDMENTS PRIOR TO THE DATE SET FOR RECEIPT OF ELECTRONIC
BIDS. The right is reserved, as the interest of the Government may require, to amend the solicitation, specifications, drawings or other attachments to the solicitation prior to the date set for receipt of electronic bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bid solicitation. If the revisions or amendments of any nature constitute a material change in quantities or prices of the bid or both, the date set for the receipt of electronic bids may be extended by as many days as the issuing Contracting Officer determines in order to enable Bidders an opportunity to revise their Bid. In such instance, an official Amendment to the Invitation for Bid Solicitation will be issued which provides an announcement of the new date and time for the Virtual Public Bid Opening.
20. PRE-BID CONFERENCE.
a. Bidders are strongly urged and expected to attend and participate in the pre-bid conference. The purpose of this meeting is to discuss any problems with interpretations of the solicitation documents and work execution. In no event will a failure to attend the pre-bid conference constitute grounds for withdrawal of a bid after opening or for a claim after award of the contract.
b. This Pre-Bid Conference will be conducted concurrently with the pre-proposal site investigation. Please see 52.236-27 SITE VISIT section for information regarding the meeting.
21. BID OPENING.
a. A Virtual Public Bid Opening will be conducted telephonically ONLY. A teleconference phone line has been established for anyone who is interested in attending the Virtual Public Bid Opening. The following information will be needed if you choose to call in for the Bid Opening:
AUDIO CONFERENCE ACCESS INFORMATION:
Government DSN: 263-7533 Commercial Line (in Japan): 046-407-7533 Commercial Line (From U.S. line): 011-81-46-407-7533 Government DSN (From Outside of “315”): 315-263-7533
b. Electronic Bids shall be received by the date and time identified in the solicitation.
c. The Virtual Public Bid Opening will commence approximately thirty (30) minutes after the due date and time specified in the Solicitation for receipt of Bids, to allow time for the designated contracting personnel to download the submitted Bid Packages from the Department of Defense Secure Access File Exchange (DoD SAFE) website.
d. An Abstract of Bids (Optional Form 1419, Abstract of Offers – Construction) will be completed, verified/certified as to its accuracy and posted on the following Government Point of Entry website: beta.SAM.gov [Note: The Government Point of Entry, formerly known as the Federal Business Opportunities (FBO) website moved to “beta.SAM.gov” on November 8, 2019].
SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS
The following have been added by full text:
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) 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--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the 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--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any 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
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
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.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the 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.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered 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)
252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES--REPRESENTATION (DEC 2019)
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) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or 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) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from 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) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for 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) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 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) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications 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)
The following have been deleted:
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FEB 2016
SECTION 00 70 00 - CONDITIONS OF THE CONTRACT
The following have been added by reference:
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.222-50 Combating Trafficking in Persons JAN 2019 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services
DEC 2019
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DEC 2019
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.236-7005 Airfield Safety Precautions DEC 1991 252.236-7013 Requirement for Competition Opportunity for American Steel
Producers, Fabricators, and Manufacturers
JUN 2013
The following have been added by full text:
52.228-11 PLEDGES OF ASSETS (APR 2020) (DEVIATION 2020-O0016)
(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a payment bond –
(1) Pledge of assets; and
(2) Standard Form 28, Affidavit of Individual Surety, except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12.
(b) Pledges of assets from each person acting as an individual surety shall be in the form of—
(1) Evidence of an escrow account containing cash, certificates of deposit, commercial or Government securities, or other assets described in FAR 28.203-2 (except see 28.203-2(b)(2) with respect to Government securities held in book entry form); and/or
(2) A recorded lien on real estate. The offeror will be required to provide—
(i) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standards at https://www.justice.gov/enrd/page/file/922431/download. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203- 3(d);
(ii) Evidence of the amount due under any encumbrance shown in the evidence of title;
(iii) A copy of the current real estate tax assessment of the property or a current appraisal dated no earlier than 6 months prior to the date of the bond, prepared by a professional appraiser who certifies that the appraisal has been conducted in accordance with the generally accepted appraisal standards as reflected in the Uniform Standards of Professional Appraisal Practice, as promulgated by the Appraisal Foundation.
(End of clause)
52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020) (DEVIATION 2020-
O0016)
(a) Definitions. As used in this clause—
Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.
(2) Payment bonds (Standard Form 25A, except that no seal is required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.
(3) Additional bond protection.
(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.
(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.
(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.
(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (JUN 2020)
(a) Definitions. As used in this clause--
Foreign person means any person other than a United States person.
United States person, as defined in 26 U.S.C. 7701(a)(30), means--
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and
(5) Any trust if--
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.
(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements--Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the…
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