Correct Solicitation.pdf

18 CONS/LGCA

POC:JUSTIN SIMONS

UNIT 5199 BLDG 99

APO AP 96368

634-4679

634-1761

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5270-11-T-0073 07-Sep-2011

b. TELEPHONE NUMBER

634-4679

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 15 Sep 2011

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA5270

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE FIXA6P 16. ADMINISTERED BY

18 FSS/FSCT

RAYMOND SPEIGHT

UNIT 5135 BOX 10

APO AP 96368-5135

TEL: 011-81-811-734-1666 FAX: 011-81-811 -734-4918

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JUSTIN SIMONS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA5270-11-T-0073

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each NAF Auto Insurance

FFP

To provide services at Building 1436 to include sale of government of Japan

Compulsory Insurance, Sale of American Automobile Insurance, Automobile Title

Transfer, Vehicle Deregistration, and sale of rental, fire, theft, and household goods insurance. See Statement of Work (SOW) for additional information.

Period of Performance: 01 Oct 11 to 30 Sep 13 FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2011 TO

30-SEP-2013

N/A 18 FSS/FSCT

RAYMOND SPEIGHT

UNIT 5135 BOX 10

APO AP 96368-5135

011-81-811-734-1666

FOB: Destination

FIXA6P

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

1. DESCRIPTION OF SERVICES

1.1. OBJECTIVE.

Provide insurance services at Bldg. 1436 to include:

Sale of Government of Japan Compulsory Insurance

Sale of American Automobile Insurance

Automobile Title Transfer

Vehicle Deregistration

Sale of rental, fire, theft, and household goods insurance

1.2. GENERAL SCOPE.

The Concessionaire contract by and between 18 th Force Support Squadron, Kadena AB, Okinawa, Japan hereinafter referred to as NAFI, and GOVERNMENT EMPLOYEES INSURANCE AGENCY, hereinafter referred to as the Concessionaire, is for the Concessionaire to prove Insurance Services to authorized patrons at Bldg. 1436 (Kadena Auto Hobby Complex) from 1 Oct 11 to 30 Sep 12 with an option to extend the contract for 2 years.

Hours of Operation: Mon – Fri (1000 – 1800 hrs)

Sat (1000 – 1700 hrs)

Except on all U.S. legal holidays or as specified in writing by the NAFI, Title Transfers and Deregistration will be available only until one hour prior to closing.

1.2.1. Concessionaire will pay the NAFI a sum equal to Eleven percent ( %) of gross sales. Payment of fees due to the NAFI must be made monthly with submission of the Concessionaire Settlement Report.

2. SERVICE DELIVERY SUMMARY: N/A

3.GOVERNMENT-FURNISHED PROPERTY AND SERVICES

3.1. UTILITIES. The NAFI will furnish sufficient quantities of space, heat, and electricity to satisfy the normal needs of the Concessionaire for lighting, heating, and the operation of suitable support equipment therefore.

3.2. PREMISES. The assignment of space is revocable and is not construed as the creation of tenancy. Concessionaire is liable for any damage to or loss of the premises and NAFI-furnished property or injury to persons resulting from acts or omissions of Concessionaire, its employees, or agents whether or not covered by insurance. Sublet of any of the premises assigned or assignment to another Concession is not authorized. Use of the premises and NAFI-furnished property for any purpose other than the specifically set forth, or permit any such unauthorized use by any of its agents, representatives, or employees is prohibited. Concessionaire will not make any alterations in the facility provided without prior authorization from the NAFI manager. Concessionaire will comply with the installation fire and safety regulations, and applicable health and sanitation regulations. Concessionaire will post or display on the premises any sign furnished by the NAFI.

4.1. QUALITY ASSURANCE. The government will monitor the Concessionaire’s performance.

The government may increase or decrease the number of quality assurance inspections as performance dictates. The government reserves the right to inspect all the Concessionaire’s performance to ensure services are received. The contracting officer, NAFI manger, or Concessionaire may hold performance meetings regularly or as requested.

4.2. HOURS OF OPERATION

4.2.1. Concessionaire’s working hours shall normally be 1000 to 1800 hours, Monday through Friday, 1000 to 1400 hours on Saturdays. Title transfers and Deregistration can be only be accomplished between the hours of 1000 and 1700 or one hour prior to closing due to the length of time required for these services. Concessionaire will be closed on all recognized holidays.

4.2.2. Recognized Holidays: The contractor is not required to provide service on the following days:

New Year’s Day 1 January

Martin Luther King Jr Day Third Monday in January

Presidents Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

4.3. SECURITY REQUIREMENTS.

4.3.1. Identification and Base Passes: The Concessionaire shall obtain identification cards and base passes for all employees and vehicles. Application shall be coordinated through the Contracting Officer

(CO) or designated representative. At time of application, Security Forces may conduct a background check on employees. Upon termination of employment, the contractor shall return identification cards and base passes to Security Forces within 24 hours.

4.3.2. Key Control: The Concessionaire shall establish and implement methods of ensuring that all keys issued to the Concessionaire by the government are not lost or misplaced, and are not used by unauthorized persons. The Concessionaire shall not duplicate any keys.

4.3.3. The Government may, at its option, require the Concessionaire to replace keys, reimburse the government for replacement of locks, or re-key as a result of contractor losing keys. In the even the master key is lost or duplicated, the Concessionaire shall replace all locks and keys for that system and the total cost will be deducted from the monthly payment.

4.4. CONCESSIONAIRE PERSONNEL

4.4.1. Concessionaire Manager: The Concessionaire shall provide a sufficient number of trained employees for the efficient performance of this Concessionaire contract. Concession personnel must give prompt and courteous treatment to authorized customers.

4.4.1.2. Concessionaire personnel shall present a clean, neat appearance and be easily recognized. This may be accomplished by wearing distinctive clothing.

4.4.1.2. Smoking is not permitted in any government building or work area.

The Concessionaire shall not employ any person who is an employee of the US Government if employing that person would create a conflict of interest. Additionally, the contractor shall not employ any person who is an employee of the US Government, either military or civilian, unless such person seeks and receives approval in accordance with DOD 5500.7, Joint Ethics Regulation. The Concessionaire shall not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to the policies in AFI 64-196

4.5. TERMINATION

4.5.1. The Concessionaire agrees to utilize only experienced, responsible and capable people in the performance of the work. The CO my require that the Concessionaire remove from the Government job employees who endanger persons or property, or whose continues employment under this contract is inconsistent with the interests of military security.

4.5.2. The CO, in writing, may require that the Concessionaire be removed from the work site, area or base due to objectionable behavior. Objectionable behavior includes, but is not limited to, being improperly attired, using profane language, or abusing or disobeying base/host country rules of conduct or regulations.

4.6. INTERNAL CONTROL PROCEDURES

4.6.1. Concessionaire will establish internal control procedures consistent with provisions of this concessionaire contract and with NAFI directives for a complete and accurate accounting of all transactions.

4.6.2. Each sale will be recorded on AF Form 2555, NAF Cash Collection Record, at the time the sale is made. The AF Form 2555 will be prepared in duplicate, reflecting the applicable sales data, and signed by the customer. The original of the completed AF Form 2555 is attached to the Concessionaire

Settlement report and is submitted to the supporting NAFI accounting office. The duplicate copy is retained by the Concessionaire.

4.6.3. Concessionaire may accept national charge cards customarily recognized in the commercial trade for customer payment of purchased. Concessionaire is responsible for the payment of fees, charge backs, and other arranged costs levied by the charge-card-issuing companies.

4.6.4. The CO, or designee, may conduct inspections considered necessary to insure strict compliance by the Concessionaire with all provisions of this Concessionaire contract.

4.6.5. At the conclusion of the sales period or as specified by the CO, Concessionaire will prepare a

Concessionaire Settlement Report signed by the Concessionaire showing the gross sales period and percent due the NAFI, and give the NAFI the fees due for that period. The original AF Forms 2555 will be attached.

4.7. SPECIAL QUALIFICATIONS. Concessionaire shall be trained and experienced in their trade in accordance with industry standards. License/permits must be submitted to the contracting officer prior to the performance date.

4.8. ENVIRONMENTAL, SAFETY, AND HEALTH. Concessionaire shall be responsible for complying with all applicable federal, local laws and regulations. Concessionaire shall be responsible for any fines or penalties levied against the installation due to the contractor’s failure to comply.

4.8.1. Fire Prevention: The contractor is responsible for following fire prevention practices and procedures. Any condition found that my constitute a fire hazard or compromise fire safety shall be brought to the attention of the base fire department.

4.9. CONSERVATION OF UTILITIES. The Concessionaire shall be responsible for operating under conditions that preclude the waste of utilities.

4.10. ADMINISTRATIVE REQUIREMENTS. The Concessionaire shall keep records current and organized at all times. Occasionally, NAFI manager may require copies of documentation or electronic data. The Concessionaire shall provide requested information within 2 hours for urgent requirements or within 1 working day for routine requirements. Unless otherwise specified by, NAFI manager, the

Concessionaire may provide reports and requested information electronically, such as on disk or by email.

All documentation described in this statement of work, including automated data, is property of the government and shall remind so upon expiration of this contract.

4.11. REPORTS AND DOCUMENTATION.

4.11.1. Reports: The Concessionaire shall provide reports to the NAFI manager.

4.11.2. Documentation with historical value (i.e., warranty items, equipment replacements, trends, etc) shall be retained in the files. Information lacking historical value must be retained a minimum of 12 months.

4.12. PAYMENT TERMS. The payment must be made to the NAFI (Auto Hobby Manager/Staff) no later than close of business of the 1st working day of each month. The payment must be made to the

NAFI and directly rung up in the Auto Hobby Center’s POS terminal. A register receipt will be obtained from the Auto Hobby Center at the time the payments are made. If the amount reflected on the receipt is different from the actual amount provided to the Auto Hobby Center, the contractor will immediately notify the 18 th Force Support procurement office at 632-7219/7205 and advise of the discrepancy.

GENERAL CONTRACT PROVISIONS

CONCESSIONAIRE CONTRACT

CONCESSIONAIRE CONTRACT FORMAT

ARTICLE I:

That:

1. This Concessionaire contract by and between the 18th Force Support Squadron, Kadena AB, Japan hereinafter referred to as the Nonappropriated Funds Instrumentality (NAFI), and

__________________________, hereinafter referred to as the Concessionaire, is for the

Concessionaire to provide Insurance Services to authorized patrons at assigned space at Kadena AB building 1436 for a period of 24 months, beginning 01 October 2011 and ending 30 September 2013.

The hours of operations of this concession will be 1000-1800 hours, Monday through Friday and

Saturday 1000-1400 hiurs, except all U.S. legal holidays or as specified in writing by the Contracting

Officer.

2. Concessionaire will pay the NAFI either a sum equal to ___________(__ ) of gross sales. Payment of fees due the NAFI must be made: (Check One) (____) daily, (__) weekly, (__) monthly, or (__) at the end of the sales period and submission of the Concessionaire Settlement Report.

ARTICLE II. The Concessionaire must:

1. Provide products or services of a quality satisfactory to the NAFI manager or his or her duly authorized representative.

2. Before beginning performance under this agreement, the Concessionaire will submit a listing of items, with corresponding selling prices, to the Contracting Officer for approval or disapproval action.

The final approved listing is considered part of this agreement. Place the price list in a conspicuous spot for patrons to see.

3. At Concessionaire's expense, obtain all permits, give all necessary notices; pay all license fees; and comply with all municipal, perfectural, and national laws, rules, ordinances, and regulations, and any publication published by the military relating to public health or applicable to the business carried on under this agreement and assume complete and sole liability for all national, state, and local taxes applicable to the property, income, and transactions of the concession.

4. Comply with all applicable laws pertaining to wages, worker's compensation, equal opportunity, Service Contract Act, and so forth, as implemented by Air Force directives and required by law.

5. Comply with all memoranda, bulletins, and letters of instruction issued by or in behalf of the NAFI manager or their duly authorized representative.

6. Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition to the satisfaction of the NAFI managers.

7. Employ only persons who meet the health standards prescribed by law or regulations which pertain to the jobs for which they are hired.

8. Furnish a sufficient number of trained employees for the efficient performance of this Concessionaire contract. Concession personnel must meet the health and security standards prescribed by applicable regulations, and must obtain installation passes and permits and security clearances as applicable.

Concession personnel must give prompt and courteous treatment to authorized customers. Concession personnel must be neatly dressed and meticulous in their personal grooming at all times.

Concessionaire provides employees clean uniforms or, when uniforms are not required, ensures that all clothing worn by employees is clean and in good condition at all times. A nameplate must be worn.

9. Remove from employment in the concession, on the request of the NAFI manager, any servant, agent, or employee of the Concessionaire if, in the opinion of the NAFI manager or their duly authorized representative, the conduct of such person, while in and about the premises covered by this contract interferes with proper services or discipline.

10. Obtain insurance for all non-Government property and merchandise used by the Concessionaire in the operation of the concession against theft, fire, storm, flood, and damage, or destruction through any other force of nature; or in lieu thereof, to relieve the NAFI from any liability arising from such theft, loss, damage, or destruction. The Concessionaire must have liability insurance commensurate with the risks involved, and furnish proof of such to the Contracting Officer.

11. Not leave cash on the premises during nonoperational hours.

12. Be responsible for paying all operating expenses not expressly undertaken by the NAFI.

13. Maintain a Cash Collection Record, showing all income received, in accordance with instructions from the NAFI. Any failure by the Concessionaire, its servants, employees, or agents, to enter all monies received on control sheets will be cause for immediate cancellation of this contract.

ARTICLE III.

Concessionaire will not:

1. Represent or permit itself to be represented to the public as an agent or employee of the NAFI by the use of the name of the NAFI on letters, bills, signs, or by any other means. The Concessionaire, its servants, agents, and employees, are in no sense agents of the United States, the NAFI, the commander of the installation within which the concession exists, or of any other entity having to do with the operations of the NAFI.

2. Sell or remove any property which is owned by the NAFI or any other part of the Federal

Government and is used in the operation of the concession.

3. Engage in or permit gambling or possession or use of any gambling device on the concession premises or elsewhere on the installation.

4. Sell, deal in, or otherwise possess or transfer, on the concession premises, any form of intoxicating liquors or narcotics.

5. Loan money to or borrow money from customers or others, which includes Federal Government

(including NAFI) employees and military personnel.

6. Sell merchandise or services for anything other than US currency, unless authorized in writing by the

Contracting Officer.

7. Sell merchandise or services on credit.

8. Give or offer to any officer or employee of the NAFI, or any other part of the Federal Government, any gift, privilege, special benefit, discount, or anything else of material or personal nature whereby the individual or employee would receive preferential treatment.

ARTICLE IV:

That: 1. Air Force Auditor General personnel, or any person designated by the installation commander, will have the right to inspect or audit the accounts and methods of internal control established by

Concessionaire, and to make such inspection or audits as may be considered necessary to ensure strict compliance by Concessionaire with all provisions of this contract and with applicable Air Force regulations.

2. This contract, unless sooner terminated as herein provided, may be extended for additional periods, each of which may not exceed 12 months by mutual agreement of the parties in writing, subject to approval in the same manner as this instrument.

3. This contract is automatically terminated in the event the NAFI is dissolved.

4. Any monies due and payable to the NAFI from the Concessionaire on the date of this contract must be paid in full or will remain due and payable until final settlement.

CONTRACTUAL CONTENTS: This contract consists of the following documents:

a. Schedule (articles I-IV)

b. Special Provisions c. General Provisions

FOR THE NAFI: FOR THE CONCESSIONAIRE:

Signature of Contracting Officer Signature of person authorized to sign contract

SSAN

Type or print name Type or print name

Address and phone number Date Address and phone number Date

SPECIAL PROVISIONS

CONCESSIONAIRE CONTRACT

1. Additional Definitions. The terms Concessionaire and Contractor are used synonymously and mean the individual, partnership, corporation, or other entity which is a party to this contract and who is responsible for all actions and applicable regulations and performance thereunder.

2. Termination: Notwithstanding the clause titled "Termination for Convenience" of the General

Provisions relative to termination of this Concessionaire contract, it is mutually agreed that this

Concessionaire contract may be terminated in whole or in part by either party:

a. Immediately on written notice to the other party in the event of breach of this Concessionaire contract by the other party.

b. On 1-day notice in writing to the other party. No liability ensues to either party for terminations ren-dered pursuant to this subparagraph b.

3. Actions To Be Taken Upon Termination (Including Expiration). Concessionaire will promptly settle its account with the NAFI, including payment in full of all amounts due, yield up the facilities and all

NAFI furnished property, clean and leave premises in as good order and condition as when received

(exceptions are damages due to acts of God or the US Government, and ordinary wear and tear) ;

surrender all installation passes, decals, and so forth, and complete satisfactory settlement of all customer complaints and claims. Termination of the Concessionaire contract does not release the

Concessionaire from the obligation to satisfactorily settle customer complaints and claims. The

Concessionaire will promptly remove all Concessionaire owned fixtures and supplies. On failure to remove the Concessionaire’s property, the Contracting Officer may cause Concessionaire’s property to be removed and stored in a warehouse at the Concessionaire’s expense. If the Concessionaire is indebted to the NAFI, the Concessionaire authorizes and empowers the Contracting Officer to take possession of the Concessionaire’s property and dispose of same by public sale without notice, and out of the proceeds of sale, satisfy all costs and indebtedness to NAFI.

4. Indebtedness:

a. The Concessionaire will pay promptly and in accordance with the terms all indebtedness incurred in connection with the performance of this Concessionaire contract.

b. The NAFI may charge the Concessionaire for a dishonored check received from the Concessionaire, except when the bank acknowledges the return to be the result of bank error or the return is the result of a NAFI error. The amount charged by the NAFI will not exceed the administrative amount normally charged NAFI customers for dishonored checks.

5. Packaging/Price Marking. If required by the Contracting Officer, the Concessionaire will furnish, at its own expense, suitable bags, "sold" labels, and so forth, for securing a customer’s purchase. If required, the packaging will be approved by the Contracting Officer. All items will be marked to reflect the selling price.

6. Claims by Concessionaire. No claim by the Concessionaire relating to this Concessionaire contract may be considered by the Contracting Officer unless such claim is submitted in writing to the

Contracting Officer not later than 90 days after the effective date of termination or expiration of this

Concessionaire contract. This clause does not extend the period for filing claims where specifically limited by another clause.

7. Nonwaiver of Defaults. Any failure by the NAFI to enforce or require strict performance of any terms or conditions of this Concessionaire contract will not constitute a waiver, and will not affect or impair such terms and conditions in any way or effect the right of the NAFI at any time to avail itself of such remedies as it may have for breach or breaches of such terms and conditions.

8. Trade Fixtures and Supplies. The Concessionaire will furnish, at its expense, all trade fixtures and supplies required for performance of this Concessionaire contract.

9. Quality/Warranty. All products authorized for the Concessionaire to sell will be marketable and sufficient for use intended, and not be "seconds" as the term is usually understood in the trade. All items will be acceptable to the customer and the Contracting Officer and will be subject to inspection and test for workmanship and quality at all times by the Contracting Officer or designee. Any item found to have a latent defect(s) may be returned to the Concessionaire for replacement or refund as determined by the Contracting Officer.

10. Customer Complaints, Claims, and Refunds. The Concessionaire agrees to adhere to the NAFI policy of customer satisfaction guaranteed and will be responsible for refunds to customers due to customer dissatisfaction with an item or due to overcharges. All customer complaints, claims, and refunds will be resolved and made at Concessionaire’s expense. Any disagreement that cannot be resolved between Concessionaire and the customer will be referred to the Contracting Officer, whose decision will be final and not subject to the Disputes clause. If the Concessionaire fails to process complaints or claims and make refunds in a timely manner, the NAFI may settle customer complaints or claims and make such refunds, and charge the settlement cost to Concessionaire’s account.

11. Internal Controls of Charge-Card Sales:

a. Concessionaire will establish internal control procedures consistent with provisions of this

Concessionaire contract and with NAFI directives for a complete and accurate accounting of all transactions.

b. Each sale will be recorded at the time sale is made. The form will be prepared in duplicate, reflecting the applicable sales data, and signed by the customer. The original of the completed form is attached to the Concessionaire Settlement Report and submitted to the supporting NAFI accounting office. The duplicate copy is retained by the Concessionaire.

c. Concessionaire may accept national charge cards customarily recognized in their commercial trade for customer payment of purchases. Concessionaire is responsible for the payment of any fees, charge backs, and other arranged costs levied by the charge-card-issuing companies.

d. The Contracting Officer, or designee, may conduct inspections considered necessary to ensure strict compliance by the Concessionaire with all provisions of this Concessionaire contract.

12. Concessionaire Settlement Report. At the conclusion of the sales period or as specified by the

Contracting Officer, Concessionaire will prepare a Concessionaire Settlement Report signed by the

Concessionaire showing the gross sales for the period and percent due the NAFI, and give the NAFI the fees due for that period. The original of the form reflecting sales data will be attached. AF Form

2555 is the preferred form to be used.

13. Utilities. When available, the NAFI will furnish sufficient quantities of space, heat, water, and electricity to satisfy the normal needs of Concessionaire for lighting, heating, drinking, sanitation, and the operation of suitable support equipment.

14. Premises. The assignment of space is revocable and is not construed as the creation of tenancy.

Concessionaire is liable for any damage to or loss of the premises and NAFI furnished property or injury to persons resulting from acts or omissions of Concessionaire, its employees, or agents, whether or not covered by insurance. Sublet of any of the premises assigned or assignment to another concession is not authorized. Use of the premises and NAFI furnished property for any purpose other than those specifically set forth herein is prohibited. Concessionaire will not make any alterations in the facilities provided without prior authorization from the NAFI manager. Concessionaire will comply with installation fire and safety regulations, and applicable health and sanitation regulations.

Concessionaire will post or display on the premises any sign furnished by the NAFI.

15. Taxes:

a. Concessionaire assumes complete and sole liability for all Federal, State, host country, and local taxes applicable to the property, income, and transactions of the Concessionaire, and where required by applicable laws and regulations, will collect and remit to the State applicable sales taxes. Sales taxes which have been collected are excluded from the computation of gross receipts in the determination of the fee payable to NAFI. The amount of taxes excluded will not exceed the actual sum payable to the

State. Where required by State law or regulation, the oncessionaire will obtain and conspicuously display the State sales tax permit.

b. The Concessionaire warrants that the amount payable to the NAFI has not been reduced by the amount of any tax or duty from which the Concessionaire is exempt. If any such tax or duty has been included the pricing or consideration through error or otherwise, the contract pricing or consideration will be correspondingly reduced or adjusted. If for any reason after the contract date, the

Concessionaire is relieved inwhole or in part from the payment or the burden of any tax or duty included in the contract pricing or other consideration, the contract pricing and other consideration will be correspondingly reduced or adjusted.