RFQ FA4613-09-Q-1027.doc

Section SF 1449 - CONTINUATION SHEET

Juice Bar Concessionaire

FFP

Juice Bar Concessionaire with F. E. Warren AFB Non-Apprepriated Funds Instrumentality (NAFI). Concessionaire will provide all labor, parts, tools, materials, and transportation necessary to provide Juice Bar Concessionaire IAW the attached Statement of Work (SoW).

Period of Performance: 15 February 2010 through 14 Februrary 2015

Quantity: 60 Months

FOB: Destination

PURCHASE REQUEST NUMBER: FOX51N11290100

SIGNAL CODE: A

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-FEB-2015

7103 RANDALL AVENUE

F.E. WARREN AFB WY 82005

FOB: Destination

FA4613

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 2009)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan or United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials other than Bahrainian, Mexican, or Omani construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: (Contracting Officer to list applicable excepted materials or indicate “none”)

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

\1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 2002)

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

STATEMENT OF WORK

STATEMENT OF WORK

FOR

JUICE BAR CONCESSIONAIRE CONTRACT

SCOPE: The purpose of this contract is to provide a concession within Freedom Hall Fitness Center.

1. Concessionaire will pay the NAFI $200.00 per month to operate a Shake/Juice Bar and Nutrition Center and $50.00 for utilities in Freedom Hall Fitness Center.

2. Concessionaire will provide Fruit Smoothies, Juices, Coffee, Hot Chocolate and Tea’s for sale. Fruit & Yogurt Parfaits, Danish, Muffins and other Healthy heart items will be available for sale Smoothies will contain only fresh fruit and juices, meal replacement powder and water.

3. All equipment associated with the operation of the Juice Bar will be the responsibility of the concessionaire.

4. Concessionaire will be responsible for all cost associated with setting up juice area to include the telephone.

5. Concessionaire must provide a minimum of 40 hours, per week service to Freedom Hall Fitness Center customers. Hours of Operation: Monday through Friday 0630-1430 hrs.

6. Concessionaire must demonstrate extensive knowledge of nutritional supplements and supply written brochures covering what the supplements contain and any notices or warning information. All supplements must meet Air Force requirement and be approved by 90 FSS.

7. Concessionaire must keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition to the satisfaction of the NAFI Managers.

8. Concessionaire must give 30 day written notice to the NAFI prior to terminating contract. Premises must be cleaned prior to termination and vacating.

NAFI GENERAL PROVISIONS

NONAPPROPRIATED FUND INSTRUMENTALITY GENERAL PROVISIONS

l. DEFINITIONS (JAN 2005) - As used throughout this contract, the following terms and abbreviations have the meanings set forth below:

a. The term "contract" means this agreement or order and any modifications hereto.

b. The abbreviation "NAFI" means Nonappropriated Fund Instrumentality of the United States Government.

c. The term "Contracting Officer" means the person executing or responsible for administering this contract on behalf of the NAFI, which is a party hereto, or their successor or successors.

d. The term "Contractor" means the party responsible for providing supplies and/or services at a certain price or rate to the NAFI under this contract.

e. The abbreviation “FAR” means Federal Acquisition Regulation.

2. DISPUTES (NOV 2005)

a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive; provided that if no such appeal is filed, the decision of the Contracting Officer shall be final and conclusive. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer.

b. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. Contractors shall provide the certification specified below when submitting any claim. Any person duly authorized to bind the Contractor with respect to the claim may execute the certification.

“I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor.”

c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

3. LAW GOVERNING CONTRACTS (JAN 2005) - In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States of America.

4. LEGAL STATUS (JAN 2005) - The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States.

5. EXAMINATION OF RECORDS (JAN 2005) - This clause is applicable under contracts that are entered into by means of negotiation and where price and costing data are required to support a determination of price reasonableness. This clause does not apply to commercial items or when the Contracting Officer determines that prices agreed upon are based on adequate price competition. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment.

6. ASSIGNMENT (JAN 2005) - The Contractor or its assignee’s rights to be paid amounts due as a result of performance of this contract, may be assigned. No assignment by the Contractor, assigning its rights or delegating its obligations under this contract will be effective and binding on the NAFI until the written terms of the assignment have been approved in writing by the Contracting Officer.

7. GRATUITIES (JAN 2005)

a. The NAFI may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary of the Air Force or their duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employees of the Government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract.

b. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or their duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee.

c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

8. TERMINATION FOR CONVENIENCE (JAN 2005) - The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2.

9. CANCELLATION BY MUTUAL AGREEMENT (JAN 2005) - Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract.

10. TERMINATION FOR CAUSE (JAN 2005)

a. The NAFI may, subject to paragraphs (c) and (d) below, by written notice of cause to the Contractor, terminate this contract in whole or in part if the Contractor fails to-

(i) Deliver the supplies or perform the service within the time specified within this contract or any Extension;

(ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below);or

(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below).

b. The NAFI's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of notice from the Contracting Officer specifying the failure.

c. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to the NAFI for any excess costs for those supplies or services. However the Contractor must continue the work not terminated.

d. The Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) act of the NAFI in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and; (9) unusually severe weather. Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence of the Contractor.

e. If this contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the NAFI as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tool dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in the clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the NAFI has an interest.

f. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause. The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of outstanding liens or claims of former lien holders.

g. If, after termination, it is determined that the cause by the Contractor was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the NAFI.

h. The rights and remedies of the NAFI in this clause are in addition to any other rights and remedies provided by law or under this contract.

11. INSPECTION AND ACCEPTANCE (JAN 2005) - Inspection and acceptance will be at destination, unless otherwise provided in this contract. Not withstanding the requirements for any NAFI inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the NAFI, the Contractor, shall perform or have performed the inspections and tests required to substantiate that the supplies provided under the contract conform to the drawings, specifications, and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Acceptance of the supplies or services or a written notice of rejections must be accomplished on or before the fifth working day following delivery of the supplies or services, unless otherwise specified in this contract.

12. VARIATION IN QUANTITY (JAN 2005) - No variation in quantity of any item called for by this contract will be accepted unless authorized by the Contracting Officer.

13. PARTIAL DELIVERIES (JAN 2005) - Partial deliveries are not permitted unless authorized by the terms of the contract or approved by the Contracting Officer.

14. PAYMENTS (JAN 2005) - Partial payments will be made when deliveries are authorized or as approved by the Contracting Officer. Payments and penalties for late payments are subject to the requirements established by the Prompt Payment Act, as amended, and as implemented for NAFI's. If the NAFI makes payment but such payment fails to include a prompt payment penalty due to the Contractor within 10 days from when the contract payment is made, penalty amounts will not be paid unless the Contractor makes a written request within forty days after the date of payment.

15. HOLD AND SAVE HARMLESS (JAN 2005) - The Contractor shall indemnify, hold and save harmless, and defend the NAFI, its outlets and customers from any liability, claimed or established for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products or services listed in this contract, except for such claims or damages caused by, or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, Contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits, claims, charges, and expenses which arise out of acts or omissions of Contractor, its agents, representatives, or employees.

16. MODIFICATIONS (JAN 2005) - No agreement or understanding to modify this contract will be binding upon the NAFI unless made in writing and signed by a Contracting Officer from the office that issued the contract or its successor.

17. TAXES (JAN 2005)

a. Except as may be otherwise provided in this contract, the contract price includes all taxes, duties or other public charges in effect and applicable to this contract on the contract date, except any tax, duty, or other public charge, which by law, regulation or governmental agreement, is not applicable to expenditures made by the NAFI or on its behalf; or any tax, duty, or other public charge from which the Contractor, or any subcontractor hereunder, is exempt by law, regulation or otherwise. If any such tax, duty, or other public charge has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced.

b. If for any reason, after the contract date of execution, the Contractor or subcontractor is relieved in whole or in part from the payment or the burden of any tax, duty, or other public charge included in the contract price, the contract price shall be correspondingly reduced; or if the Contractor or subcontractor is required to pay in whole or in part any tax, duty, of other public charge which was not applicable at the contract date of execution the contract price shall be correspondingly increased.

18. PROOF OF SHIPMENT (JAN 2005) - (Applicable to shipments outside the United States through the Surface Deployment and Distribution Command (SDDC) and Parcel Post shipments to overseas destinations.)

a. Notwithstanding any clause of this contract to the contrary, payment will be made for items not yet received, upon receipt of an invoice accompanied by an appropriate proof of shipment. If shipment is made by insured parcel post, the contractor must furnish a copy of the Insured Mail Receipt issued by the US Postal Service. Otherwise, a stamped copy of a Certificate of Mailing issued by the US Postal Service must be furnished. If shipment is made by a common carrier (rail, air or motor freight), the Contractor must furnish a signed copy of the shipping document on which items are receipted for by the common carrier. A signed receipt by a NAFI representative at the delivery point (CCP or POE) is also acceptable evidence of proof of shipment.

b. Forwarding a proof of shipment and an invoice for payment by the Contractor shall be construed as a certification by the contractor that the items shipped conform to the specifications.

c. Notwithstanding any provisions of this clause or any payment made pursuant to the terms of this clause prior to receipt of the items contracted for, the NAFI retains the right to inspect upon receipt and the right to reject nonconforming items. The liability of the Contractor with respect to items for which payments have been made will, after inspection by the NAFI or after the expiration of a reasonable time following delivery to the NAFI within which inspection may be made, whichever occurs first, be limited to (i) exceptions taken at the time of inspection, and (ii) latent defects, fraud, or such gross mistakes as amount to fraud.

19. COMMERCIAL WARRANTY (JAN 2005) - The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NAFI by any other clause of this contract. The printed terms and conditions of such warranty will be provided to the NAFI with the delivery of any supplies covered.

20. ADVERTISEMENTS (JAN 2005) - Contractor agrees that none of its nor its agent's advertisements, to include publications, merchandise, promotions, coupons, sweepstakes, contest, sales brochures, etc, shall state, infer or imply that the Contractor's products or services are approved, promoted, or endorsed by the NAFI. Any advertisement, including cents-off coupons, which refers to a NAFI will contain a statement that the advertisement is neither paid for, nor sponsored in whole or in part by, the particular activity.

21. DISCOUNTS FOR PROMPT PAYMENT (JAN 2005)

a. Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, offerors awarded contracts may include prompt payment discounts on individual invoices.

b. In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

22. INVOICES (JAN 2005):

a. An invoice is a written request for payment under the contract for supplies delivered or for services rendered. In order to be proper, an invoice should include (and in order to support the payment of interest penalties, must include) the following:

(i) Invoice date;

(ii) Name of Contractor;

(iii) Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total;

(iv) Shipment number and date of shipment (Bill of Lading number and weight of shipment will be shown for shipments on Government Bills of Lading);

(v) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);

(vi) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice; and

(vii) Any other information or documentation required by other provisions of the contract (such as evidence of shipment). Invoices shall be prepared and submitted in duplicate (one copy shall be marked “Original") unless otherwise specified.

b. For purposes of determining if interest begins to accrue under the PROMPT PAYMENT ACT (PUBLIC LAW 97-177):

(i) A proper invoice will be deemed to have been received when it is received by the office designated in the contract for receipt of invoices and acceptance of the supplies delivered or services rendered has occurred.

(ii) Payment shall be considered made on the date on which a check for such payment is dated.

(iii) Payment terms (e.g., "Net 20") offered by the contractor will not be deemed Required payment dates.

(iv) The following periods of time will not be included:

(A) After receipt of improper invoice and prior to notice of any defect or impropriety, but not to exceed three days for meat and meat food products, five days for perishable agricultural commodities, and 15 days in all other cases, and

(B) Between the date of a notice of any defect or impropriety and the date a proper invoice is received. When the notice is in writing, it shall be considered made on the date shown on the notice.

23. ELECTRONIC FUND TRANSFER PAYMENTS (JAN 2005) - Federal law requires Federal payments to be made by electronic fund transfer. Any payment made on this contract has to be made by EFT (unless otherwise specified within the contract or exempted by law). After award of the contract the EFT Partner Enrollment Form will be provided and must be completed to accomplish EFT payments.

24. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS (JAN 2005) - The Contractor shall provide immediate notice to the Contracting Officer in the event of being suspended, debarred or declared ineligible by any other Federal Department or agency, or upon receipt of a notice of proposed debarment from another DOD Agency, during the performance of this contract.

25. NON WAIVER OF DEFAULTS (JAN 2005) - Any failure by the NAFI at any time, or from time to time, to enforce or require strict performance of any terms or conditions of this contract will not constitute waiver thereof and will not affect or impair such terms or conditions in any way or the NAFI’s right at any time to avail itself of such remedies as it may have for any breach or breaches of such terms and conditions.

LIST OF FAR CLAUSES INCORPORATED BY REFERENCE

The provisions of the following clauses set forth in the Federal Acquisition Regulation (FAR) or DoD FAR

Supplement are hereby incorporated into this order or contract by reference with the same force and effect as though herein set forth in full. As used in the following clauses, the term "Government" is deleted and the abbreviation "NAFI" is substituted in lieu thereof. The date of each clause shall be the current date set forth in FAR or DoD FAR Supplement on the issuance date of this order or contract. Clauses made inapplicable by the reference or by the kind of order, contract (e.g., orders or contract for services instead of supplies) or dollar amount are selfdeleting. The complete text of any clause incorporated in this order or contract by reference may be obtained from the contracting officer.

CLAUSE

NO.

REFERENCE

CLAUSE TITLE

52.243-1

Changes - Fixed-Price

52.222-13

Compliance with Davis-Bacon and related Act Regulations

52.222-41

Service Contract Act of 1965, as Amended

52.225-11

Buy American Act-Construction Materials under Trade Agreements

52.222-4

Contract Work Hours and Safety

Standards Act-Overtime Compensation

52.246-16

Responsibility for Supplies

52.222-20

Walsh-Healy Public Contracts Act

52.222-26

Equal Opportunity

*34

252.225-7036

Buy American Act-Free Trade Agreements-

Balance of Payments Program

52.222-3

Convict Labor

*36

252.225-7002

Qualifying Country Sources as

Subcontractors

*37

252.203-7001

Prohibition on Persons Convicted of Fraud or Other Defense-Contract

Felonies

52.222-21

Prohibition of Segregated Facilities

52.223-3

Hazardous Material Identification &

Material Safety

*Denotes DFARS

WAGE DETERMINATION

WD 05-2587 (Rev.-6) was first posted on www.wdol.gov on 06/02/2009

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2587

Shirley F. Ebbesen Division of | Revision No.: 6

Director Wage Determinations| Date Of Revision: 05/26/2009

States: Nebraska, Wyoming

Area: Nebraska Counties of Banner, Box Butte, Cheyenne, Dawes, Deuel, Garden, Kimball, Morrill, Scotts Bluff, Sheridan, Sioux

Wyoming Statewide

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations

01011 - Accounting Clerk I 12.28

01012 - Accounting Clerk II 14.87

01013 - Accounting Clerk III 15.41

01020 - Administrative Assistant 16.87

01040 - Court Reporter 13.20

01051 - Data Entry Operator I 10.21

01052 - Data Entry Operator II 11.14

01060 - Dispatcher, Motor Vehicle 17.29

01070 - Document Preparation Clerk 10.81

01090 - Duplicating Machine Operator 10.81

01111 - General Clerk I 10.54

01112 - General Clerk II 11.50

01113 - General Clerk III 12.91

01120 - Housing Referral Assistant 14.71

01141 - Messenger Courier 9.92

01191 - Order Clerk I 10.72

01192 - Order Clerk II 11.70

01261 - Personnel Assistant (Employment) I 13.26

01262 - Personnel Assistant (Employment) II 14.83

01263 - Personnel Assistant (Employment) III 16.54

01270 - Production Control Clerk 17.50

01280 - Receptionist 10.26

01290 - Rental Clerk 9.62

01300 - Scheduler, Maintenance 11.79

01311 - Secretary I 11.79

01312 - Secretary II 13.19

01313 - Secretary III 14.71

01320 - Service Order Dispatcher 17.29

01410 - Supply Technician 16.87

01420 - Survey Worker 10.82

01531 - Travel Clerk I 10.83

01532 - Travel Clerk II 11.49

01533 - Travel Clerk III 12.10

01611 - Word Processor I 10.72

01612 - Word Processor II 12.18

01613 - Word Processor III 13.61

05000 - Automotive Service Occupations

05005 - Automobile Body Repairer, Fiberglass 19.52

05010 - Automotive Electrician 18.55

05040 - Automotive Glass Installer 17.56

05070 - Automotive Worker 17.56

05110 - Mobile Equipment Servicer 15.62

05130 - Motor Equipment Metal Mechanic 19.52

05160 - Motor Equipment Metal Worker 17.56

05190 - Motor Vehicle Mechanic 19.52

05220 - Motor Vehicle Mechanic Helper 14.65

05250 - Motor Vehicle Upholstery Worker 16.59

05280 - Motor Vehicle Wrecker 17.56

05310 - Painter, Automotive 18.55

05340 - Radiator Repair Specialist 17.56

05370 - Tire Repairer 15.09

05400 - Transmission Repair Specialist 19.52

07000 - Food Preparation And Service Occupations

07010 - Baker 10.46

07041 - Cook I 8.79

07042 - Cook II 10.22

07070 - Dishwasher 7.63

07130 - Food Service Worker 9.06

07210 - Meat Cutter 13.07

07260 - Waiter/Waitress 7.97

09000 - Furniture Maintenance And Repair Occupations

09010 - Electrostatic Spray Painter 18.55

09040 - Furniture Handler 13.47

09080 - Furniture Refinisher 18.55

09090 - Furniture Refinisher Helper 14.65

09110 - Furniture Repairer, Minor 16.59

09130 - Upholsterer 18.55

11000 - General Services And Support Occupations

11030 - Cleaner, Vehicles 9.25

11060 - Elevator Operator 8.46

11090 - Gardener 12.39

11122 - Housekeeping Aide 8.46

11150 - Janitor 11.07

11210 - Laborer, Grounds Maintenance 11.70

11240 - Maid or Houseman 8.46

11260 - Pruner 12.43

11270 - Tractor Operator 12.29

11330 - Trail Maintenance Worker 11.70

11360 - Window Cleaner 12.85

12000 - Health Occupations

12010 - Ambulance Driver 10.93

12011 - Breath Alcohol Technician 15.66

12012 - Certified Occupational Therapist Assistant 17.45

12015 - Certified Physical Therapist Assistant 17.10

12020 - Dental Assistant 12.34

12025 - Dental Hygienist 25.55

12030 - EKG Technician 23.66

12035 - Electroneurodiagnostic Technologist 23.66

12040 - Emergency Medical Technician 12.02

12071 - Licensed Practical Nurse I 14.00

12072 - Licensed Practical Nurse II 15.66

12073 - Licensed Practical Nurse III 17.46

12100 - Medical Assistant 11.31

12130 - Medical Laboratory Technician 14.98

12160 - Medical Record Clerk 12.86

12190 - Medical Record Technician 14.38

12195 - Medical Transcriptionist 12.63

12210 - Nuclear Medicine Technologist 31.24

12221 - Nursing Assistant I 10.12

12222 - Nursing Assistant II 11.38

12223 - Nursing Assistant III 12.42

12224 - Nursing Assistant IV 13.94

12235 - Optical Dispenser 13.51

12236 - Optical Technician 13.97

12250 - Pharmacy Technician 13.94

12280 - Phlebotomist 14.00

12305 - Radiologic Technologist 20.97

12311 - Registered Nurse I 20.80

12312 - Registered Nurse II 25.38

12313 - Registered Nurse II, Specialist 25.38

12314 - Registered Nurse III 30.77

12315 - Registered Nurse III, Anesthetist 30.77

12316 - Registered Nurse IV 34.78

12317 - Scheduler (Drug and Alcohol Testing) 19.40

13000 - Information And Arts Occupations

13011 - Exhibits Specialist I 15.11

13012 - Exhibits Specialist II 18.72

13013 - Exhibits Specialist III 22.91

13041 - Illustrator I 14.75

13042 - Illustrator II 17.82

13043 - Illustrator III 23.63

13047 - Librarian 20.74

13050 - Library Aide/Clerk 9.95

13054 - Library Information Technology Systems 18.82

Administrator

13058 - Library Technician 11.26

13061 - Media Specialist I 12.30

13062 - Media Specialist II 13.75

13063 - Media Specialist III 15.33

13071 - Photographer I 12.38

13072 - Photographer II 14.71

13073 - Photographer III 18.22

13074 - Photographer IV 22.28

13075 - Photographer V 26.96

13110 - Video Teleconference Technician 16.52

14000 - Information Technology Occupations

14041 - Computer Operator I 12.88

14042 - Computer Operator II 14.41

14043 - Computer Operator III 16.07

14044 - Computer Operator IV 17.85

14045 - Computer Operator V 19.80

14071 - Computer Programmer I (see 1) 16.89

14072 - Computer Programmer II (see 1) 20.92

14073 - Computer Programmer III (see 1) 25.50

14074 - Computer Programmer IV (see 1) 27.34

14101 - Computer Systems Analyst I (see 1) 25.95

14102 - Computer Systems Analyst II (see 1)

14103 - Computer Systems Analyst III (see 1)

14150 - Peripheral Equipment Operator 12.88

14160 - Personal Computer Support Technician 21.37

15000 - Instructional Occupations

15010 - Aircrew Training Devices Instructor (Non-Rated) 23.93

15020 - Aircrew Training Devices Instructor (Rated) 25.11

15030 - Air Crew Training Devices Instructor (Pilot) 28.95

15050 - Computer Based Training Specialist / Instructor 23.93

15060 - Educational Technologist 25.65

15070 - Flight Instructor (Pilot) 28.95

15080 - Graphic Artist 14.61

15090 - Technical Instructor 17.49

15095 - Technical Instructor/Course Developer 21.40

15110 - Test Proctor 14.12

15120 - Tutor 14.12

16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations

16010 - Assembler 8.12

16030 - Counter Attendant 8.68

16040 - Dry Cleaner 10.28

16070 - Finisher, Flatwork, Machine 8.12

16090 - Presser, Hand 8.12

16110 - Presser, Machine, Drycleaning 8.12

16130 - Presser, Machine, Shirts 8.12

16160 - Presser, Machine, Wearing Apparel, Laundry 8.12

16190 - Sewing Machine Operator 10.96

16220 - Tailor 11.57

16250 - Washer, Machine 8.84

19000 - Machine Tool Operation And Repair Occupations

19010 - Machine-Tool Operator (Tool Room) 20.39

19040 - Tool And Die Maker 24.99

21000 - Materials Handling And Packing Occupations

21020 - Forklift Operator 17.23

21030 - Material Coordinator 17.50

21040 - Material Expediter 17.50

21050 - Material Handling Laborer 11.51

21071 - Order Filler 11.09

21080 - Production Line Worker (Food Processing) 17.23

21110 - Shipping Packer 13.29

21130 - Shipping/Receiving Clerk 13.29

21140 - Store Worker I 11.00

21150 - Stock Clerk 14.48

21210 - Tools And Parts Attendant 17.23

21410 - Warehouse Specialist 17.23

23000 - Mechanics And Maintenance And Repair Occupations

23010 - Aerospace Structural Welder 21.93

23021 - Aircraft Mechanic I 20.89

23022 - Aircraft Mechanic II 21.93

23023 - Aircraft Mechanic III 23.03

23040 - Aircraft Mechanic Helper 15.68

23050 - Aircraft, Painter 19.85

23060 - Aircraft Servicer 17.75

23080 - Aircraft Worker 18.79

23110 - Appliance Mechanic 18.55

23120 - Bicycle Repairer 15.09

23125 - Cable Splicer 23.25

23130 - Carpenter, Maintenance 18.55

23140 - Carpet Layer 19.32

23160 - Electrician, Maintenance 22.12

23181 - Electronics Technician Maintenance I 21.05

23182 - Electronics Technician Maintenance II 22.34

23183 - Electronics Technician Maintenance III 23.79

23260 - Fabric Worker 17.12

23290 - Fire Alarm System Mechanic 21.44

23310 - Fire Extinguisher Repairer 15.91

23311 - Fuel Distribution System Mechanic 21.68

23312 - Fuel Distribution System Operator 16.83

23370 - General Maintenance Worker 18.95

23380 - Ground Support Equipment Mechanic 20.89

23381 - Ground Support Equipment Servicer 17.75

23382 - Ground Support Equipment Worker 18.79

23391 - Gunsmith I 15.59

23392 - Gunsmith II 17.96

23393 - Gunsmith III 20.29

23410 - Heating, Ventilation And Air-Conditioning 19.52

Mechanic

23411 - Heating, Ventilation And Air Contditioning 20.99

Mechanic (Research Facility)

23430 - Heavy Equipment Mechanic 21.31

23440 - Heavy Equipment Operator 20.16

23460 - Instrument Mechanic 24.49

23465 - Laboratory/Shelter Mechanic 19.64

23470 - Laborer 11.51

23510 - Locksmith 19.47

23530 - Machinery Maintenance Mechanic 24.66

23550 - Machinist, Maintenance 19.51

23580 - Maintenance Trades Helper 14.65

23591 - Metrology Technician I 24.49

23592 - Metrology Technician II 29.83

23593 - Metrology Technician III 31.47

23640 - Millwright 22.75

23710 - Office Appliance Repairer 18.55

23760 - Painter, Maintenance 18.55

23790 - Pipefitter, Maintenance 21.73

23810 - Plumber, Maintenance 20.40

23820 - Pneudraulic Systems Mechanic 20.74

23850 - Rigger 20.74

23870 - Scale Mechanic 18.35

23890 - Sheet-Metal Worker, Maintenance 19.52

23910 - Small Engine Mechanic 17.56

23931 - Telecommunications Mechanic I 25.28

23932 - Telecommunications Mechanic II 26.53

23950 - Telephone Lineman 21.47

23960 - Welder, Combination, Maintenance 19.52

23965 - Well Driller 19.52

23970 - Woodcraft Worker 20.74

23980 - Woodworker 15.62

24000 - Personal Needs Occupations

24570 - Child Care…