Insurance Solicitation.pdf

18 CONS/LGCA

POC: SCOTT COX

UNIT 5199, BLDG 99 KADENA AB

APO AP 96368

DSN:315-634-5834

DSN:634-4796

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

FA5270-12-T-0125 10-Sep-2012

b. TELEPHONE NUMBER

DSN:315-634-5834

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 24 Sep 2012

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 X 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/FSCP

JASON VANDENBERG

UNIT 5135 BOX 10

APO AP 96368-5135

TEL: 634-3002 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SCOTT COX

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

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

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

FIXA6P22120100

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

FA5270-12-T-0125

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Basic Year Insurance Concessionaire

FFP

Basic Year; 1 Oct 2012 - 30 Sep 2013

Concessionaire Contract for Insurance One year contract with 4 option years

Performance Work Statement for Insurance Service for the Schilling Community Center is attached.

NOTES

NOTE01 Contract is for 1 year with 4 option years.

DELIVERY TERMS

Contractor pays to destination FOB: Destination

PURCHASE REQUEST NUMBER: FIXA6P22120100

SIGNAL CODE: A

NET AMT

1001 12 Months OPTION Option Year 1 Insurance Concessionaire

FFP

Concessionaire Contract for Insurance Option year 1; 1 Oct 2013- 30 Sep 2014

Performance Work Statement for Insurance Service for the Schilling Community Center is attached.

NOTES

NOTE01 Contract is for 1 year with 4 option years.

DELIVERY TERMS

Contractor pays to destination FOB: Destination

2001 12 Months OPTION Option Year 2 Insurance Concessionaire

FFP

Concessionaire Contract for Insurance Option year 2; 1 Oct 2014- 30 Sep 2015

Performance Work Statement for Insurance Service for the Schilling Community Center is attached.

NOTES

NOTE01 Contract is for 1 year with 4 option years.

DELIVERY TERMS

3001 12 Months OPTION Option Year 3 Insurance Concessionaire

FFP

Concessionaire Contract for Insurance Option year 3; 1 Oct 2015- 30 Sep 2016

Performance Work Statement for Insurance Service for the Schilling Community Center is attached.

NOTES

NOTE01 Contract is for 1 year with 4 option years.

DELIVERY TERMS

4001 12 Months OPTION Option Year 4 Insurance Concessionaire

FFP

Concessionaire Contract for Insurance Option year 4; 1 Oct 2016- 30 Sep 2017

Performance Work Statement for Insurance Service for the Schilling Community Center is attached.

NOTES

NOTE01 Contract is for 1 year with 4 option years.

DELIVERY TERMS

PWS

PERFORMANCE WORK STATEMENT (PWS)

FOR

INSURANCE SERVICE

KADENA AB, JAPAN

18 FSS/FSCP

21 May 12

SECTION I.

DESCRIPTION OF SERVICES

1.1. SCOPE OF WORK. Contractor shall sell the following services.

a. Sale of Government of Japan (GOJ) Compulsory Insurance

b. Sale of American Automobile Insurance

c. Sale of Rental, fire, theft, and household goods insurance for on-base only

d. Minimum sale of both AIU and ACE Insurance Policies and all insurance requirements established by military installations and GOJ

e. Automobile Transfer and Vehicle Deregistration/Registration

These services will include all paperwork and typing fees, and also included will be the proper clearance with Japanese Land Transportation Office and the Joint Services Vehicle Registration Office.

1.1.1. The performance location for this contract will be at Building 723, located on Kadena Air Base.

1.1.2. Contractor shall perform services for 5 years (a base year with 4 option years) from 1 Oct 2012 – 30 Sept 2017.

1.1.3. Contractor shall provide three or more agents to ensure customers that waiting time may not exceed five minutes.

1.1.4. Contractor shall accept cash, check and credit cards as methods of payment.

Additional surcharge for credit card payments shall not exceed 2% of a total transaction amount.

1.1.5. Contractor shall inform the policyholder that towing to the 18 Force Support Squadron (FSS) Auto Hobby, which is car repair shop on Kadena Air Base, is one of the option when insurance packages/services includes free towing service, provided it is within the 50 km service area radius.

1.1.6. Contractor shall be responsible to provide written and graphic advertising materials to assist in the promotion of all available insurance packages/services provided by the insurance companies. Contractor shall ensure such advertising materials are available for customers in a minimum of two locations of 18 FSS, to include the Schilling Community Center at Building 455, located on Kadena Air Base.

1.2. SPECIAL QUALIFICATIONS.

1.2.1. Contractor shall be a licensed insurance company certified by the Government of Japan. Contractor shall be well versed in English and must be able to read, speak, write, and understand English. Contractor shall be able to clearly articulate information to customers. Contractor shall behave in a professional manner dealing with customers and other Schilling Community Center staff.

1.2.2. Contractor shall provide documentations stating the contactor’s qualifications. The copies of supporting documentation, such as diploma and/or certificates, shall be attached to the resume.

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

1.2.3. Fire Prevention: 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.

SECTION II.

GOVERNMENT-FURNISHED PROPERTY AND SERVICES

2.1. FACILITIES. The government will provide a workspace and a minimal office in the Building 723.

2.2. FURNITURE. The government will provide 3 desks, 9 chairs. Contractor shall furnish any additional office/administrative equipment/materials (typewriters, computers, file cabinets, stationary, etc.). Contractor is responsible for obtaining and funding phone lines as needed.

2.3. SERVICES. The government will provide reasonable amounts of the following services.

2.3.1. Utilities: Water, sewage service, electricity, and heat.

2.3.2. Refuse Collection: Refuse containers will be located near Building 723.

SECTION III.

GENERAL INFORMATION

3.1. QUALITY ASSURANCE. The Schilling Community Center Director may observe the contractor and/or subcontractor at any time to assure that the tasks and services are being performed in accordance with established guidelines.

3.2. SUBSTITUTE CONTRACTORS. Substitute contractors may provide the services herein mentioned at no additional cost to the Schilling Community Center or the U.S. Government.

Subcontractors shall be pre-approved by a Contracting Officer. The primary contractor must conduct at least 90% of all work mentioned herein. If the contractor is unable to perform the work, he/she is required to provide a substitute of comparable qualification and skills, as mentioned herein, for each and every absence, and must obtain prior approval from the Schilling Community Center Director. Notification of absences should occur as soon as possible, but no later than 24 hours in advance. A resume for each potential substitute contractor is required to be on file with the Schilling Community Center Director prior to substitute providing services.

3.3. PROFESSIONAL ENVIRONMENT. Contractor and any subcontractor shall promote an environment that is in compliance with Department of Defense and Air Force directives prohibiting unlawful discrimination and sexual harassment. This environment will be free from personal, social, or institutional barriers based on race, color, religion, sex, or national origin.

The contractor and any subcontractor shall report any suspected problems or violations made by any staff to the Schilling Community Center Director for review and investigation. Shilling Community Center will provide the contractor and any subcontractor with a copy of AFI 36- 2706 (Military Equal Opportunity (MEO) Program) upon request for review.

3.4. HOURS OF OPERATION AND HOLIDAYS.

3.4.1. The office will be open according to the following schedule:

Monday – Friday 0900 – 1700 Saturday 0900 – 1500 Sunday Closed

3.4.2. Any changes to this schedule must be coordinated and agreed upon with the Schilling Community Center Director. The office will be required to close in Typhoon Condition 1 or greater.

3.4.3. Recognized Holidays: Contractor is not required to provide the services on the following days:

New Year’s Day 1st day in January

Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day 4th day in July Labor Day First First Monday in September Columbus Day Second Monday in October Veterans’ Day 11th day in November Thanksgiving Day Fourth Thursday in November Christmas Day 25th day in December

3.5. SECURITY REQUIREMENTS.

3.5.1. Physical Security: Contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured, and utilities turned off or set for conservation.

3.5.2. Identification and Base Passes: Contractor shall obtain identification cards and base passes for self and vehicle. Application shall be coordinated through the Contracting Officer or a designated representative of the Schilling Community Center. At the 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 of termination.

3.5.3. Key Control: Contractor shall establish and implement methods of ensuring that all keys issued to the contractor by the Shilling Community Center are not lost or misplaced, and are not used by unauthorized persons. Contractor shall not duplicate any keys.

3.5.4. The Schilling Community Center may, at its option, require the contractor to replace keys, reimburse the Schilling Community Center 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 contractor shall replace all locks and keys for that system and the total cost will be deducted from the monthly payment.

3.6. CONTRACTOR PERSONNEL.

3.6.1. Contract Manager: The contract manager shall be responsible for the performance of the work and shall have full authority to act for the contractor on all matters relating to daily contract operations. Prior to start of the contract, the name of this person and an alternate(s) who can act in the contract manager’s absence shall be designated in writing to the Contracting Officer. The contract manager and alternate(s) must be able to read, speak, write, and understand English.

3.6.2. Contractor shall not employ persons for work on this contract if such an employee is identified to the contractor by the Contracting Officer as a potential threat to the health, safety, security, general well being, or operational mission of the installation and its population.

3.6.3. Contractor personnel shall present a clean, neat appearance and be easily recognized. This may be accomplished by wearing distinctive clothing bearing the name of the company and/or by wearing appropriate badges that contain the company name and the employee’s name. Contractor shall provide clothing or badges.

Contractors shall dress in business attire and adhere to professional standards of dress and appearance suitable for the office environment.

3.6.4. Smoking is not permitted in any U.S. Government building or work area.

3.6.5. Contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours, or deployment. Military Reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the contractor's ability to perform. Their absence at any time shall not constitute an excuse for nonperformance under this contract.

3.6.6. Contractor shall not employ any person who is an employee of the U.S.

Government if employing that person would create a conflict of interest. Additionally, Contractor shall not employ any person who is an employee of the U.S. Government, either military or civilian, unless such person seeks and receives approval in accordance with Joint Ethics Regulation. Contractor shall not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to Air Force policies.

3.7. TERMINATION.

3.7.1. Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. Contracting Officer may require that the contractor be removed if employees endanger persons or property, or whose continued employment under this contract is inconsistent with the interests of military security.

3.7.2. Contracting Officer, in writing, may require that the contractor 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.

3.8. INSURANCE.

3.8.1. Japanese Road Laws

a. Contractor shall comply with Japanese Road Laws while on US Military installations to specifically include: Article 43 The Road Law (Japan) (prohibited acts relative to roads). No person shall commit the following described acts:

(1) Damaging the road, causing roads to be littered with debris, polluting the roads with debris or fallout from motor vehicles or otherwise defacing roads unreasonably or without due cause.

(2) Article 43-2 (Measures to be taken to prevent cargo or things loaded on motor vehicles from falling out).

b. The agency managing a road may when there is reasonable cause for him to feel that items or cargo being carried in or on a motor vehicle may fall out and damage, pollute, or otherwise deface the road in such manner as to hinder or obstruct the traffic, order the operator of the vehicle in question to take steps or measures necessary to prevent occurrence of such hindrance by stopping operation of the vehicle, or correcting the method of loading or traveling or operation of the vehicle.

3.8.2. Required Insurance (In addition to that required by Japanese Law).

a. Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance on each vehicle used by the Contractor at the work site.

Type: Automobile Property Damage Insurance Amount: ¥3,000,000.00 or Dollar equivalent

Type: Bodily Injury Insurance Amount: ¥30,000,000.00 or Dollar equivalent

All vehicles must be properly inspected/insured in accordance with Japanese Compulsory Insurance (JCI) requirements.

b. Prior to the commencement of work hereunder, contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the U.S. Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. Contractor shall agree to insert the substance of this clause, including this Paragraph in all subcontracts hereunder.

3.9. SUBMISSION OF BUSINESS STATEMENT.

3.9.1. Submission of Statement: Contractor shall submit a signed Business Statement with a daily itemized listing of revenue no later than the third business day of the following month. The document should be turned in to the Operation Clerk, the designated representative, or it may be mailed to the following address:

18 FSS/FSCP

Schilling Community Center Unit 5135 Box 10, Bldg 455

APO AP 96368-5135

Kadena AB, Okinawa, Japan

After review of the Business Statement by the Operation Clerk or the designated representative on the amount reflected on the Business Statement, the payment shall be rendered no later than the seventh business day of the following month. The Operation clerk will also verify that all services have been performed in a satisfactory manner and he/she will sign the Business Statement for acceptance of the services rendered.

SPECIAL PROVISIONS

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 Provi-sions 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 rendered 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 (damage due to acts of God or the US Government, and ordinary wear and tear excepted); 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-furnished trade fixtures, tools of the trade, and supplies. On failure to remove the Concessionaire’s property, the Contracting Officer may cause Con- cessionaire’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 perforrmance 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. The Contracting Officer may require payment to be made in cash, certified check, or cashier’s check.

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 as 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, Tools, and Supplies. The Concessionaire will furnish, at its expense, all trade fixtures, tools of the trade, 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. As a minimum, they will be equal to products provided by first quality commercial establishments. All items will be acceptable to the customer and the Contracting Officer and will be subject to inspection and test for work-manship 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 Contacting Officer, whose decision will be final and not subject to the Disputes clause. If Concessionaire fails to timely process complaints or claims and make refunds, NAFI may settle customer complaints or claims and make such refunds, and charge the Concessionaire’s account.

11. Internal Controls of Charge-Card Sales:

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

b. Each sale will be recorded on AF Form 2555, NAF Cash Collection Record, at the time 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 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 insure 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 AF Forms 2555 will be attached.

13. Utilities. 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 therefore.

NOTE: If the Concessionaire is required to reimburse the United States Government for utilities fur-nished, then the rates are set by the installation commander and agreed to by both parties.

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, or permit any such unauthorized use by any of its agents, representatives, or employees is prohibited. Concessionaire will not make any alterations in the facilities 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.

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 Concessionaire 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 contracting pricing or consideration will be correspondingly reduced or adjusted. If for any reason after the contract date, the Concessionaire is relieved in whole 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.

NAF REPS AND CERTS

NAF REPS AND CERTS

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR QUOTERS

The offeror represents and certifies as part of the offer that: (Check or complete all applicable boxes or blocks.)

1. TYPE OF BUSINESS ORGANIZATION (JUN 2001) The offeror or quoter, by checking the applicable box, represents that:

(a) it operates as ( ) a corporation incorporated under the laws of the State of ______________________, ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, or ( ) a joint venture.

(b) if the offeror or quoter is a foreign entity, it operates as ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a joint venture, or ( ) a corporation registered for business in

(country)

2. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (JUN 2001).

The offeror represents that-

(a) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. llll4;

(b) It ( ) has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards.

3. AFFIRMATIVE ACTION COMPLIANCE (JUN 2001). The offeror represents (a) it () has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

4. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (JUN 2001).

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above:

TSgt ROBYN L. MOORE Contracting Officer

18 CONS/LGCA

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above. (c) If the offeror deletes or modifies subparagraph (a)

(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

5. BUY AMERICAN - TRADE AGREEMENTS - BALANCE OF PAYMENTS PROGRAM CERTIFICATE

(JUN 2001).

(a) The offeror hereby certifies that each end product, except the end products listed in paragraph (b), is a domestic end product (as defined in the clause entitled "Buy American Act--, Trade Agreements Act--, and Balance of Payments Program") and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States, a designated country, a North American Free Trade Agreement (NAFTA) Country, or a Caribbean Basin country, as defined in section 25.401 of the Federal Acquisition Regulation.

(b) Excluded End Products

Line Item No. Country of Origin

(List as necessary)

(c) Offers will be evaluated by giving certain preference to domestic end products and foreign qualifying country end products, NAFTA country end products, and Caribbean Basin country end products over other end products. In order to obtain these preferences in the evaluation of each excluded end product listed in paragraph (b) of this provision, offerors must identify and certify below those excluded end products that are designated or NAFTA country end products, or Caribbean Basin country end products. Products that are not identified and certified below will not be deemed designated country end products, NAFTA country end products, or Caribbean Basin country end products. Offerors must certify by inserting the applicable line item numbers in the following:

(i) The offeror certifies that the following supplies qualify as “designated of NAFTA country end products” as those terms are defined in the clause entitled “Buy American Act -- Trade Agreements Act -- Balance of Payments for Program”:

(insert line item no.)

(ii) The offeror certifies that the following supplies qualify as “Caribbean Basin country end products” as that term is defined in the clause entitled “Buy American Act – Trade Agreements Act - Balance of Payments Program:

(insert line item no.)

(d) Offers will be evaluated in accordance with Part 25 of the Federal Acquisition Regulation.

6. PAYMENT ADDRESS. Offeror must set forth the address where payment is to be made if the address is different than indicated in Block l6 on page A-l of the solicitation.

Payment is to be made to :

(Name of Firm)

(By)

7. ACKNOWLEDGEMENT OF AMENDMENTS

Amendment No. Date

The offeror acknowledges receipt ______________ ______________ of Amendments to solicitation for ______________ ______________ offers and related documents num- ______________ ______________ bers and dated as follows. ______________ ______________

8. AUTHORIZED NEGOTIATORS (JUN 2001)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the NAFI in connection with this request for proposals or quotations:

TSgt ROBYN L. MOORE Contracting Officer

Mrs. MIYUKI KINJO Contracting Specialist

9. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED

DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (JUN 2001)

(a)(1) The offeror certifies, to the best of its knowledge and belief, that -

(i) The offeror and/or any of its Principals –

(A) Are ______ are not ______ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by and Federal Agency;

(B) Have ______ have not ______, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) contract or subcontract: violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and

(C) Are ______ are not ______ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision.

(ii) The offeror has ______ has not ______, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners;

partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE

UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION

MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED

STATES CODE.

(b) The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror's responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph

(a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the NAFI, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

10. TAXPAYER IDENTIFICATION (JUN 2001)

(a) Definitions.

"Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services.

"Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns.

(b) All offerors are required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS).

(c) Taxpayer Identification Number (TIN).

_ TIN: .

_ TIN has been applied for.

_ TIN is not required because:

_ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.;

_ Offeror is an agency or instrumentality of a foreign government;

_ Offeror is an agency or instrumentality of a Federal, state, or local government;

_ Other. State basis.

(d) Corporate Status.

_ Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;

_ Other corporate entity;

_ Not a corporate entity;

_ Sole proprietorship

_ Partnership

_ Hospital or extended are facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a).

(e) Common Parent.

_ Offeror is not owned or controlled by a common parent as described in paragraph (a) of this clause.

_ Name and TIN of common parent:

Name

TIN

(End of provision)

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…