1449.doc

Section SF 1449 - CONTINUATION SHEET

Andersen AFB Pool Lifeguards

FFP

Contractor shall provide all products, supervision, personnel, equipment, transportation, material, and other items necessary to perform lifeguard services at Andersen AFB pool in accordance with the performance work statement.

POP: 1 October 2012 to 30 September 2013.

FOB: Destination

NET AMT

Option Year 1

Contractor shall provide all products, supervision, personnel, equipment, transportation, material, and other items necessary to perform lifeguard services at Andersen AFB pool in accordance with the performance work statement.

POP: 1 October 2013 to 30 September 2014.

NET AMT

Option Year 2

Contractor shall provide all products, supervision, personnel, equipment, transportation, material, and other items necessary to perform lifeguard services at Andersen AFB pool in accordance with the performance work statement.

POP: 1 October 2014 to 30 September 2015.

NET AMT

STATEMENT OF WORK

ANDERSEN AFB LIFEGUARD SERVICE

PERFORMANCE WORK STATEMENT

1. BRIEF DESCRIPTION OF SERVICES: Certified lifeguard services at Andersen AFB swimming pool during operational hours.

1.1. Pool Hours of Operation

Monday, Tuesday, Wednesday, and Friday - Open Recreational Swim 1400-1800

Monday, Tuesday, Wednesday, and Friday -Lap Swim 0600-0800 and 1100-1400

Saturday, Sunday, Federal Holidays - Open Recreational Swim 1200-1800

Thursday and Christmas Day - Closed

1.2. Standards are defined in this Performance Work Statement (PWS) and Service Delivery Summary (SDS) . The Contracting Officer (CO) possesses sole authority to resolve any questions and conflicts regarding interpretation of any PWS provision.

2. THE CONTRACTOR SHALL:

2.1. Follow all policies and procedures set forth by the 36th Force Support Squadron. The current policies have been established consistent with AFI 34-110, 36FSS/FSCO SOP 34-133, AFSOH 48-14, and all established American Red Cross Lifeguarding requirements.

2.1.1. Follow established Emergency Action Plans (EAPs). See attached.

2.1.2. Keep copies of all current required certifications on file at the pool. All lifeguards are required to have nationally recognized current certifications in Lifeguard Training, CPR (cardio pulmonary resuscitation) for the Professional Rescuer, First Aid and AED (automated external defibrillator).

2.1.3. Implement an in-service training plan. All lifeguards will participate for a minimum of one hour of in-service training monthly. This training must be documented and available to the Government COR (contracting officer representative) personnel.

2.1.4. Follow established daily safety checklists for the pool. This includes cleaning of the pool and deck areas.

2.1.5. Follow established plan for surveillance/position of lifeguards duty stations and rotation for the pool.

2.1.6. Follow established guidelines for maintaining a safe, clean and healthful environment in and around the pool.

2.1.7. Follow established Exposure Control Plan.

2.1.8. Maintain the currently established youth swim program registration system. This system provides guidelines and procedures for children 15 years of age and under.

2.1.9. Identify in writing to the Government COR an employee(s) authorized to speak and act for the contractor.

2.2. Participate in the observance of the National Anthem at 1700 daily and ensure that the pool patrons do the same (Example: Right hand over their chest, no talking or swimming).

2.3. Provide standard commercial lifeguard uniforms and whistles to employees. Uniforms must have the standard Red Cross logo.

2.4. Provide the Government COR via email or telephone, 3 days notice for re-issue of the supplies listed in PWS Item 5.4 and item 5.6. Contractor must not allow an “out of Stock” situation to occur.

2.5. Immediately turn over any lost and found items to the Government COR personnel.

2.6. Train and assign a front desk attendant/id checker at the pool. This person will be responsible for ensuring only authorized personnel enter the facility. They will also ensure all customers sign in and sign out. This person will be responsible for maintaining the child registration system. They will also assist lifeguards with emergency situations by phoning emergency services, notifying the chain of command, and assisting with crowd control.

2.7. Ensure all incidents are reported on an incident report form to the COR. See attached.

3.0. Swim Lessons

3.1. The contractor shall provide swim lessons in accordance with American Red Cross (ARC) standards. Lessons will include all ARC levels. The contractor will develop schedules, notify customers of swim lesson dates and times. The contractor will maintain detailed records of participants and will provide certificates of completion to customers. The contractor will provide an invoice to include names of all participants and numbers completing swim lessons not later than the 5th day of the following month. The contractor will receive 80% of all funds collected.

3.2. Outdoor Recreation will take sign-ups for lessons, collect and deposit all customer payments. The nonappropriated fund instrumentality (NAFI) will maintain control sheets, showing all income received, according to instructions prescribed by the NAFI. The contractor will have access to these control sheets upon request.

3.3. The NAFI will prepare a Contractor Settlement Report at the conclusion of the sales period or as specified by the Contracting Officer. The report shall be provided to the Contractor and will show the gross sales for the period and total fees due the contractor for that period. The Navy Audit Service personnel or any person designated by the NAFI shall have the right to inspect or audit the accounts and methods of internal control and to conduct such inspections or audits as may be considered necessary to ensure strict compliance by the contractor with all provisions of this agreement and with applicable Navy regulations.

4. STAFFING REQUIREMENTS

4.1. The required standard ratio for the number of lifeguards to swimmers is 1 to 50. The contractor is responsible for providing additional lifeguard staffing if the pool usage levels warrant based on adequate supervision for the safety of patrons and/or the required standard ratio.

4.2. 1 Lifeguard and 1 ID Checker are required for Lap Swim. 2 lifeguards and 1 ID Checker are required for recreational swim. One lifeguard surveillance required on the dive zone, one lifeguard surveillance required on the swim zone.

5. THE GOVERNMENT SHALL:

5.1. Notify the contractor when services are not needed due to scheduled or unexpected closures of the pool. Closure of the pool may be the result of, (but is not limited to): Typhoons, facility renovations, repairs, or the need for the super-chlorination due to accidents

5.2. Notify the contractor at least a week in advance of scheduled closures, whenever possible.

5.3. Provide the contractor with as much notice as feasible in the event of unanticipated or emergency closures of the facilities.

5.4. Provide cleaning supplies, toilet paper, paper towels, and trash bags for the bathrooms.

5.5. Provide rescue equipment and life vests. This equipment is listed in the GFP list.

5.6. Provide a chemical test kit and net/skimmers for cleaning the pool area.

6. DEDUCTIONS FOR POOL CLOSURES

6.1. An allowance of four weeks, the equivalent of 24 operating days, for scheduled or unexpected closures, shall be exempt from deduction and considered within initial contract pricing.

6.1.1. Any number of days exceeding this allowance shall be deducted from contractor’s invoice on a monthly pro-rated basis. Deductions will be computed by using the monthly rates in the schedule to compute a daily rate. For the purpose of this order, a period of closure exceeding four hours in one day constitutes a day of closure.

6.1.2. To prevent payment delays, contractor should verify with the Contracting Officer’s Representative (COR) on the number of days services were rendered and invoice accordingly. The CO shall resolve disagreements.

7. QUALITY. Government COR personnel will periodically evaluate the contractor’s performance to monitor performance and ensure satisfactory services are rendered.

8. SECURITY REQUIREMENTS: The contractor will be responsible for base and vehicle passes and security requirements for all employees under this contract. All individuals performing services under this contract must have access to Andersen AFB and will be required to provide necessary materials to obtain access to Andersen AFB such as a favorable Guam Police Department background check and proof of US citizenship or valid work permit. Paperwork for base access will be provided once the contract is awarded.

9. POLLUTION PREVENTION:

(a) In accordance with Air Force Pollution Prevention Strategy, Andersen AFB intends to effectively promote pollution prevention by minimizing or eliminating the use of hazardous materials and the release of pollution into the environment. As part of this initiative, contractors shall comply with all Federal, State, and Local environmental laws, regulations, and guidelines. In addition, the following special requirements shall apply:

(1) The provision at Air Force Federal Acquisition Regulation (AFFAR) 5352.223-9000.

(2) The provision at DoD Instruction 4715.5, Management of Environmental Compliance at Overseas Installations.

(b) Contractors are encouraged to participate in the following voluntary programs:

(1) Affirmative Procurement - purchasing of supplies and services using recycled products (buying green products).

(2) Recycling of waste products to the maximum extent possible.

(3) Energy Conservation

10. CONTRACT MANAGER NOTIFICATIONS. The COR will ensure the CO and Contract Administrator (CA) are continually informed of contract performance status.

11. DEFICIENCY REPORTING. CORs will utilize the Surveillance Plan Checklist (see attached) to identify deficiencies and use the format identified in Attachment 1 for reporting deficiencies. The COR will forward identified deficiencies to the CO, CA, and FC as soon as practical. This notification is for deficiency correction only and does not indicate concurrence with the deficiency.

13. REVIEW & ACCEPTANCE. Multi-Functional Team member signatures indicate their review and acceptance of the Performance Plan for Base Services. These signatures indicate coordination on this performance plan at the time of development. No further Multi-Functional Team coordination is needed unless the intent of the Performance Plan is changed.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2013

RAY STIERS

UNIT 14002 BOX 14

APO AP 96543

366-5197

F1C341

30-SEP-2014

F1C341

30-SEP-2015

F1C341

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest price technically acceptable. Technically acceptable is deemed as meeting all of the requirements stated in this solicitation to include the attached performance work statements. Past performance survey rating must be satisfactory rating or above to be considered for award.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days.

(End of clause)

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 6 months.

(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 31-209, the Air Force Resource Protection 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.

(End of clause)

NAF CLAUSES AND PROVISIONS

GENERAL PROVISIONS

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. (1) 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).

� (2) 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.

� b. 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.

� c. 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.

� d. 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.

� e. 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.

� f. 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.

� g. 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 (AUG 2007) - Federal law 31 USC requires Federal payments to be made by electronic fund transfer. Any payment made on this contract will be made using the Government Purchase Card as the method of EFT (unless otherwise specified within the contract or exempted by law).

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 self-deleting. The complete text of any clause incorporated in this order or contract by reference may be obtained from the contracting officer.

CLAUSE

under Trade Agreements

Standards Act-Overtime Compensation

Balance of Payments Program

Subcontractors

of Fraud or Other Defense-Contract

Felonies

Material Safety

*Denotes DFARS

WAGE DETERMINATION

WD 05-2147 (Rev.-14) was first posted on www.wdol.gov on 06/19/2012

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.: 2005-2147

Diane C. Koplewski Division of | Revision No.: 14

Director Wage Determinations| Date Of Revision: 06/13/2012

States: Guam, Northern Marianas, Wake Island

Area: Guam Statewide Northern Marianas Statewide

Wake Island Statewide

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations

01011 - Accounting Clerk I 12.50

01012 - Accounting Clerk II 13.53

01013 - Accounting Clerk III 15.59

01020 - Administrative Assistant 17.67

01040 - Court Reporter 15.38

01051 - Data Entry Operator I 10.48

01052 - Data Entry Operator II 11.99

01060 - Dispatcher, Motor Vehicle 13.06

01070 - Document Preparation Clerk 12.25

01090 - Duplicating Machine Operator 12.25

01111 - General Clerk I 10.29

01112 - General Clerk II 11.28

01113 - General Clerk III 12.32

01120 - Housing Referral Assistant 17.15

01141 - Messenger Courier 10.12

01191 - Order Clerk I 11.23

01192 - Order Clerk II 12.25

01261 - Personnel Assistant (Employment) I 14.33

01262 - Personnel Assistant (Employment) II 14.90

01263 - Personnel Assistant (Employment) III 16.48

01270 - Production Control Clerk 18.34

01280 - Receptionist 9.67

01290 - Rental Clerk 11.10

01300 - Scheduler, Maintenance 13.75

01311 - Secretary I 13.75

01312 - Secretary II 15.38

01313 - Secretary III 17.15

01320 - Service Order Dispatcher 11.57

01410 - Supply Technician 17.67

01420 - Survey Worker 15.26

01531 - Travel Clerk I 11.61

01532 - Travel Clerk II 12.57

01533 - Travel Clerk III 13.44

01611 - Word Processor I 12.25

01612 - Word Processor II 13.75

01613 - Word Processor III 15.38

05000 - Automotive Service Occupations

05005 - Automobile Body Repairer, Fiberglass 13.34

05010 - Automotive Electrician 13.06

05040 - Automotive Glass Installer 12.10

05070 - Automotive Worker 12.10

05110 - Mobile Equipment Servicer 8.59

05130 - Motor Equipment Metal Mechanic 13.06

05160 - Motor Equipment Metal Worker 12.10

05190 - Motor Vehicle Mechanic 13.06

05220 - Motor Vehicle Mechanic Helper 10.12

05250 - Motor Vehicle Upholstery Worker 12.10

05280 - Motor Vehicle Wrecker 12.10

05310 - Painter, Automotive 12.37

05340 - Radiator Repair Specialist 12.10

05370 - Tire Repairer 7.81

05400 - Transmission Repair Specialist 12.10

07000 - Food Preparation And Service Occupations

07010 - Baker 10.47

07041 - Cook I 9.54

07042 - Cook II 11.78

07070 - Dishwasher 7.25

07130 - Food Service Worker 7.78

07210 - Meat Cutter 11.86

07260 - Waiter/Waitress 7.59

09000 - Furniture Maintenance And Repair Occupations

09010 - Electrostatic Spray Painter 14.38

09040 - Furniture Handler 8.85

09080 - Furniture Refinisher 14.38

09090 - Furniture Refinisher Helper 10.66

09110 - Furniture Repairer, Minor 12.51

09130 - Upholsterer 14.38

11000 - General Services And Support Occupations

11030 - Cleaner, Vehicles 8.23

11060 - Elevator Operator 8.23

11090 - Gardener 10.99

11122 - Housekeeping Aide 8.33

11150 - Janitor 8.23

11210 - Laborer, Grounds Maintenance 9.14

11240 - Maid or Houseman 7.25

11260 - Pruner 8.23

11270 - Tractor Operator 10.33

11330 - Trail Maintenance Worker 9.14

11360 - Window Cleaner 9.14

12000 - Health Occupations

12010 - Ambulance Driver 15.81

12011 - Breath Alcohol Technician 15.81

12012 - Certified Occupational Therapist Assistant 21.70

12015 - Certified Physical Therapist Assistant 21.70

12020 - Dental Assistant 13.20

12025 - Dental Hygienist 29.85

12030 - EKG Technician 23.96

12035 - Electroneurodiagnostic Technologist 23.96

12040 - Emergency Medical Technician 15.81

12071 - Licensed Practical Nurse I 14.14

12072 - Licensed Practical Nurse II 15.81

12073 - Licensed Practical Nurse III 17.63

12100 - Medical Assistant 11.54

12130 - Medical Laboratory Technician 14.14

12160 - Medical Record Clerk 11.82

12190 - Medical Record Technician 13.59

12195 - Medical Transcriptionist 14.14

12210 - Nuclear Medicine Technologist 34.75

12221 - Nursing Assistant I 10.03

12222 - Nursing Assistant II 11.30

12223 - Nursing Assistant III 12.31

12224 - Nursing Assistant IV 13.84

12235 - Optical Dispenser 15.81

12236 - Optical Technician 14.14

12250 - Pharmacy Technician 13.41

12280 - Phlebotomist 13.84

12305 - Radiologic Technologist 22.64

12311 - Registered Nurse I 20.70

12312 - Registered Nurse II 25.32

12313 - Registered Nurse II, Specialist 25.32

12314 - Registered Nurse III 30.64

12315 - Registered Nurse III, Anesthetist 30.64

12316 - Registered Nurse IV 36.72

12317 - Scheduler (Drug and Alcohol Testing) 19.59

13000 - Information And Arts Occupations

13011 - Exhibits Specialist I 15.06

13012 - Exhibits Specialist II 18.66

13013 - Exhibits Specialist III 22.83

13041 - Illustrator I 15.06

13042 - Illustrator II 18.66

13043 - Illustrator III 22.83

13047 - Librarian 20.66

13050 - Library Aide/Clerk 12.00

13054 - Library Information Technology Systems 18.66

Administrator

13058 - Library Technician 15.06

13061 - Media Specialist I 13.46

13062 - Media Specialist II 15.06

13063 - Media Specialist III 16.80

13071 - Photographer I 12.82

13072 - Photographer II 14.32

13073 - Photographer III 17.75

13074 - Photographer IV 21.73

13075 - Photographer V 26.30

13110 - Video Teleconference Technician 12.91

14000 - Information Technology Occupations

14041 - Computer Operator I 13.65

14042 - Computer Operator II 15.76

14043 - Computer Operator III 17.56

14044 - Computer Operator IV 19.50

14045 - Computer Operator V 21.81

14071 - Computer Programmer I (see 1) 15.73

14072 - Computer Programmer II (see 1) 19.50

14073 - Computer Programmer III (see 1) 23.84

14074 - Computer Programmer IV (see 1)

14101 - Computer Systems Analyst I (see 1) 24.23

14102 - Computer Systems Analyst II (see 1)

14103 - Computer Systems Analyst III (see 1)

14150 - Peripheral Equipment Operator 13.65

14160 - Personal Computer Support Technician 19.50

15000 - Instructional Occupations

15010 - Aircrew Training Devices Instructor (Non-Rated) 24.23

15020 - Aircrew Training Devices Instructor (Rated) 29.32

15030 - Air Crew Training Devices Instructor (Pilot) 33.30

15050 - Computer Based Training Specialist / Instructor 24.23

15060 - Educational Technologist 22.82

15070 - Flight Instructor (Pilot) 33.30

15080 - Graphic Artist 20.47

15090 - Technical Instructor 17.65

15095 - Technical Instructor/Course Developer 21.58

15110 - Test Proctor 13.87

15120 - Tutor 13.87

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

16010 - Assembler 8.08

16030 - Counter Attendant 8.08

16040 - Dry Cleaner 9.34

16070 - Finisher, Flatwork, Machine 8.08

16090 - Presser, Hand 8.08

16110 - Presser, Machine, Drycleaning 8.08

16130 - Presser, Machine, Shirts 8.08

16160 - Presser, Machine, Wearing Apparel, Laundry 8.08

16190 - Sewing Machine Operator 9.86

16220 - Tailor 10.33

16250 - Washer, Machine 8.46

19000 - Machine Tool Operation And Repair Occupations

19010 - Machine-Tool Operator (Tool Room) 14.49

19040 - Tool And Die Maker 18.20

21000 - Materials Handling And Packing Occupations

21020 - Forklift Operator 12.49

21030 - Material Coordinator 18.34

21040 - Material Expediter 18.34

21050 - Material Handling Laborer 10.65

21071 - Order Filler 9.66

21080 - Production Line Worker (Food Processing) 12.49

21110 - Shipping Packer 13.33

21130 - Shipping/Receiving Clerk 13.33

21140 - Store Worker I 13.23

21150 - Stock Clerk 18.58

21210 - Tools And Parts Attendant 12.49

21410 - Warehouse Specialist 12.49

23000 - Mechanics And Maintenance And Repair Occupations

23010 - Aerospace Structural Welder 20.69

23021 - Aircraft Mechanic I 19.70

23022 - Aircraft Mechanic II 20.69

23023 - Aircraft Mechanic III 21.74

23040 - Aircraft Mechanic Helper 13.70

23050 - Aircraft, Painter 18.50

23060 - Aircraft Servicer 16.09

23080 - Aircraft Worker 17.38

23110 - Appliance Mechanic 14.49

23120 - Bicycle Repairer 9.74

23125 - Cable Splicer 15.43

23130 - Carpenter, Maintenance 13.00

23140 - Carpet Layer 13.55

23160 - Electrician, Maintenance 14.99

23181 - Electronics Technician Maintenance I 14.72

23182 - Electronics Technician Maintenance II 15.05

23183 - Electronics Technician Maintenance III 18.31

23260 - Fabric Worker 12.60

23290 - Fire Alarm System Mechanic 15.43

23310 - Fire Extinguisher Repairer 11.67

23311 - Fuel Distribution System Mechanic 15.43

23312 - Fuel Distribution System Operator 13.01

23370 - General Maintenance Worker 11.95

23380 - Ground Support Equipment Mechanic 19.70

23381 - Ground Support Equipment Servicer 16.09

23382 - Ground Support Equipment Worker 17.38

23391 - Gunsmith I 11.67

23392 - Gunsmith II 13.55

23393 - Gunsmith III 15.43

23410 - Heating, Ventilation And Air-Conditioning 15.76

Mechanic

23411 - Heating, Ventilation And Air Contditioning 16.55

Mechanic (Research Facility)

23430 - Heavy Equipment Mechanic 15.15

23440 - Heavy Equipment Operator 13.73

23460 - Instrument Mechanic 15.43

23465 - Laboratory/Shelter Mechanic 14.49

23470 - Laborer 10.65

23510 - Locksmith 14.49

23530 - Machinery Maintenance Mechanic 17.38

23550 - Machinist, Maintenance 15.43

23580 - Maintenance Trades Helper 9.92

23591 - Metrology Technician I 15.43

23592 - Metrology Technician II 16.41

23593 - Metrology Technician III 17.37

23640 - Millwright 15.43

23710 - Office Appliance Repairer 14.38

23760 - Painter, Maintenance 13.55

23790 - Pipefitter, Maintenance 15.32

23810 - Plumber, Maintenance 14.38

23820 - Pneudraulic Systems Mechanic 15.43

23850 - Rigger 15.43

23870 - Scale Mechanic 13.55

23890 - Sheet-Metal Worker, Maintenance 15.21

23910 - Small Engine Mechanic 13.55

23931 - Telecommunications Mechanic I 19.01

23932 - Telecommunications Mechanic II 19.76

23950 - Telephone Lineman 18.24

23960 - Welder, Combination, Maintenance 14.66

23965 - Well Driller 15.43

23970 - Woodcraft Worker 15.43

23980 - Woodworker 11.67

24000 - Personal Needs Occupations

24570 - Child Care Attendant 10.09

24580 - Child Care Center Clerk 12.58

24610 - Chore Aide 12.43

24620 - Family Readiness And Support Services 12.44

Coordinator

24630 - Homemaker 16.12

25000 - Plant And System Operations Occupations

25010 -…