13-R-0006_-_OCONUS_Electr_Games_-_DVD.docx

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Attached to
Electronic games (Game Consoles; DVDs/CDs) (OCONUS) Federal contract opportunity
Solicitation number
HDQMWR-13-R-0006
Issued by
Department of the Navy Installations Command

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HDQMWR-13-R-0006

[Page 29 of 38]

SOLICITATION, OFFER AND AWARD
1.THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)
RATING
PAGE OF PAGE
1
38
2.CONTRACT NUMBER
3.SOLICITATION NUMBER
4.TYPE OF SOLICITATION
|_|SEALED BID (IFB)
|X|NEGOTIATED (RFP)
5.DATE ISSUED
6.REQUISITION/PURCHASE NUMBER

HDQMWR-13-R-0006

5 DEC 2012

7. ISSUED BY CODE

8. ADDRESS OFFER TO (If other than item 7)

COMMANDER NAVY INSTALLATIONS COMMAND

FACILITIES AND ACQUISITIONS BRANCH N944

5720 INTEGRITY DRIVE LASSEN BUILDING 457

MILLINGTON, TN 38055-6500

POC: JOHN WOLFSLAU

COMM: 901/874-6902/ FAX: 901/874-2073

EMAIL: john.wolfslau@navy.mil

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9.Sealed offers in original and
See Section L
copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if
handcarried, in the depository located in
See Block # 7
until
4:00PM
local time
December 17, 2012

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A.NAME
B.TELEPHONE (NO COLLECT CALLS)
C.E-MAIL ADDRESS
John.Wolfslau@navy.mil
AREA CODE
NUMBER
EXT.
John.Wolfslau@navy.mil
901
874-6902

11. TABLE OF CONTENTS

(X)
SEC.
DESCRIPTION
PAGE(S)
(X)
SEC.
DESCRIPTION
PAGE(S)
PART I - THE SCHEDULE
PART II - CONTRACT CLAUSES
X
A
SOLICITATION/CONTRACT FORM
1
X
I
CONTRACT CLAUSES
18-25
X
B
SUPPLIES OR SERVICES AND PRICES/COSTS
2-7
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
X
C
DESCRIPTION/SPECS./WORK STATEMENT
8
X
J
LIST OF ATTACHMENTS
25-28
X
D
PACKAGING AND MARKING
8-16
PART IV - REPRESENTATIONS AND INSTRUCTIONS
X
E
INSPECTION AND ACCEPTANCE
16
X
K
REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

29-31

X
F
DELIVERIES OR PERFORMANCE
16
X
G
CONTRACT ADMINISTRATION DATA
17-18
X
L
INSTRS., CONDS., AND NOTICES TO OFFERORS
32-37
X
H
SPECIAL CONTRACT REQUIREMENTS
18
X
M
EVALUATION FACTORS FOR AWARD
37-38

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13.DISCOUNT FOR PROMPT PAYMENT
10 CALENDAR DAYS (%)
20 CALENDAR DAYS (%)
30 CALENDAR DAYS (%)
CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14.ACKNOWLEDGMENT OF AMEND-
MENTS (The offeror acknowledges receipt of
amendments to the SOLICITATION for offerors
and related documents numbered and dated):
AMENDMENT NO.
DATE
AMENDMENT NO.
DATE
15A.NAME AND
ADDRESS
OF OFFEROR

CODE

FACILITY

16.NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
15B. TELEPHONE NUMBER
|_|
15C.CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
17.SIGNATURE
18.OFFER DATE
AREA CODE
NUMBER
EXT.

AWARD (To be completed by Government)

19.ACCEPTED AS TO ITEMS NUMBERED
20.AMOUNT
21.ACCOUNTING AND APPROPRIATION

SEE SECTION G

22.AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
23.SUBMIT INVOICES TO ADDRESS
SHOWN IN (4 copies unless otherwise specified)
ITEM
|X| 10 U.S.C. 2304(c)
(
)
|_| 41 U.S.C. 253(c)
(

SECTION G

24. ADMINISTERED BY (If other than Item 7) CODE

25. PAYMENT WILL BE MADE BY CODE

SEE SECTION G

26.NAME OF CONTRACTING OFFICER (Type or print)
27.UNITED STATES OF AMERICA
28.AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

HDQMWR-11-R-0029

[Page 2 of 39]

PART I, SECTION B: SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 GENERAL: US Navy Deployed Forces Support, CNIC is requesting the acquisition of the following Video game Consoles and DVD(s).This solicitation is for all deliveries Outside of Contiguous United States (OCONUS) area.

B.2 TYPE OF CONTRACT: The NAFI contemplates award of a firm fixed price contract resulting from this solicitation.

B.3 PERIOD OF PERFORMANCE: The period of performance under this contract shall be 60 days after receipt of award.

SHIP TO
MARK FOR
Diego Garcia
Deployed
CLIN
DESCRIPTION
STOCK #
QTY
UI
UNIT PRICE
TOTAL PRICE
1
Microsoft - Xbox 360 250GB Console
1
E/A
2
Microsoft - Xbox 360 Wireless Controller - Black
1
E/A
3
Microsoft - Xbox 360 Play & Charge Kit - Black
1
E/A
4
Microsoft - Quick Charge Kit for Xbox 360
1
E/A
5
X-Box 360 Mass Effect 3
1
E/A
6
X-Box 360 EA Sports SSX
1
E/A
7
X-Box 360 Max Payne 3
1
E/A
8
X-Box 360 Game of Thrones
1
E/A
9
X-Box 360 NHL 12 X360
1
E/A
10
X-Box 360 EA Battlefield 3
1
E/A
11
X-Box 360 Skyrim
1
E/A
12
X-Box 360 Microsoft Gears of War 3
1
E/A
13
X-Box 360 THQ WWE '12
1
E/A
14
Microsoft - Xbox 360 250GB Console with Kinect
1
E/A
15
Microsoft - Xbox 360 Wireless Controller - Black
1
E/A
16
Microsoft - Xbox 360 Play & Charge Kit - Black
1
E/A
17
Microsoft - Quick Charge Kit for Xbox 360
1
E/A
18
Kinect EA Tiger Woods PGA TOUR 13
1
E/A
19
Kinect Steel Battalion Heavy Armor
1
E/A
20
Kinect Tom Clancy Future Soldier
1
E/A
21
Kinect Microsoft Forza Motorsport 4
1
E/A
22
Kinect LucasArts Kinect Star Wars
1
E/A
23
Kinect Sports 2
1
E/A
24
Kinect Just Dance Greatest Hits
1
E/A
25
PS3 (320GB) console with move bunble
1
E/A
26
PS3 Move Motion Controller
1
E/A
27
PS3 Move Navigation Controller
1
E/A
28
PS3 Move Charging Station
1
E/A
29
PS3 FIFA Street PS3
1
E/A
30
PS3 EA Madden NFL 12
1
E/A
31
PS3 Activision PROTOTYPE 2
1
E/A
32
PS3 Armored Core V PS3
1
E/A
33
PS3 Twisted Metal PS3
1
E/A
34
PS3 Activision Battleship
1
E/A
35
PS3 MLB 2K12 PS3
1
E/A
36
Wii Console (black) w/ Wii Sports, Sports Resort and remote plus
1
E/A
37
Wii Remote Plus (Black)
1
E/A
38
Wii Nunchuk Controller (Black)
1
E/A
39
Wii Nintendo Mario Party 9
1
E/A
40
Wii The Amazing Spiderman Wii
1
E/A
41
Wii Nintendo Super Mario Galaxy 2
1
E/A
42
Wii Call of Duty: Black Ops
1
E/A
43
Wii Karaoke Joysound Bundle
1
E/A
SHIP TO
MARK FOR
Sasebo
Deployed
CLIN
DESCRIPTION
STOCK #
QTY
UI
UNIT PRICE
TOTAL PRICE
44
Microsoft - Xbox 360 Wireless Controller - Black
20
E/A
45
Microsoft - Xbox 360 Play & Charge Kit - Black
4
E/A
46
X-Box 360 Mass Effect 3
20
E/A
47
X-Box 360 EA Sports SSX
20
E/A
48
X-Box 360 Max Payne 3
20
E/A
49
X-Box 360 Game of Thrones
20
E/A
50
PS3 Dual Shock 3 Wireless Controller
30
E/A
51
Wii Console (black) w/ Wii Sports, Sports Resort and remote plus
20
E/A
52
Wii Nunchuk Controller (Black)
20
E/A
53
Wii Nintendo Mario Party 9
20
E/A
54
Wii Nintendo PokéPark 2
20
E/A
55
Wii The Amazing Spiderman Wii
20
E/A
56
Wii Nintendo Super Mario Galaxy 2
20
E/A
57
Wii Kirby's Return to Dream Land
20
E/A
58
Wii Sega Mario Sonic 2012 Olympic Games
20
E/A
59
Wii Call of Duty: Black Ops
20
E/A
60
Wii Epic Mickey 2: The Power of Two
20
E/A
61
Wii Nascar Inside Line Wii
20
E/A
SHIP TO
MARK FOR
Yokosuka
Deployed
CLIN
DESCRIPTION
STOCK #
QTY
UI
UNIT PRICE
TOTAL PRICE
62
Microsoft - Xbox 360 250GB Console with Kinect
27
E/A
63
Microsoft - Xbox 360 Wireless Controller - Black
27
E/A
64
Microsoft - Xbox 360 Play & Charge Kit - Black
27
E/A
65
Microsoft - Quick Charge Kit for Xbox 360
27
E/A
66
Kinect EA Tiger Woods PGA TOUR 13
23
E/A
67
Kinect Steel Battalion Heavy Armor
23
E/A
68
Kinect Tom Clancy Future Soldier
23
E/A
69
Kinect Microsoft Forza Motorsport 4
23
E/A
70
Kinect LucasArts Kinect Star Wars
23
E/A
71
Kinect Zumba Fitness Rush 360K
23
E/A
72
Kinect Sports 2
23
E/A
73
Kinect Microsoft Dance Central 2
23
E/A
74
Kinect Just Dance Greatest Hits
23
E/A
75
Kinect Ubisoft Shape Fitness Evolved
23
E/A
76
PS3 (320GB) console with move bunble
27
E/A
77
PS3 Move Motion Controller
27
E/A
78
PS3 Move Navigation Controller
27
E/A
79
PS3 Move Charging Station
27
E/A
80
PS3 FIFA Street PS3
23
E/A
81
PS3 EA Madden NFL 12
23
E/A
82
PS3 EA NCAA Football 12
23
E/A
83
PS3 Activision PROTOTYPE 2
23
E/A
84
PS3 Namco SOULCALIBUR V
23
E/A
85
PS3 Armored Core V PS3
23
E/A
86
PS3 Twisted Metal PS3
23
E/A
87
PS3 Activision Battleship
23
E/A
88
PS3 MLB 2K12 PS3
23
E/A
89
PS3 Lollipop Chainsaw PS3
23
E/A
90
Wii Console (black) w/ Wii Sports, Sports Resort and remote plus
27
E/A
91
Wii Remote Plus (Black)
27
E/A
92
Wii Nunchuk Controller (Black)
27
E/A
93
Wii Nintendo Mario Party 9
22
E/A
94
Wii Nintendo PokéPark 2
22
E/A
95
Wii The Amazing Spiderman Wii
22
E/A
96
Wii Nintendo Super Mario Galaxy 2
22
E/A
97
Wii Kirby's Return to Dream Land
22
E/A
98
Wii Sega Mario Sonic 2012 Olympic Games
22
E/A
99
Wii Call of Duty: Black Ops
22
E/A
100
Wii Epic Mickey 2: The Power of Two
22
E/A
101
Wii Nascar Inside Line Wii
22
E/A
102
Wii Karaoke Joysound Bundle
22
E/A
SHIP TO
MARK FOR
CNRK (Korea)
Deployed
CLIN
DESCRIPTION
STOCK #
QTY
UI
UNIT PRICE
TOTAL PRICE
103
X-Box 360 Mass Effect 3
104
X-Box 360 EA Sports SSX
2
E/A
105
X-Box 360 Max Payne 3
2
E/A
106
X-Box 360 Game of Thrones
2
E/A
107
X-Box 360 NHL 12 X360
2
E/A
108
X-Box 360 EA Battlefield 3
2
E/A
109
X-Box 360 Skyrim
2
E/A
110
X-Box 360 Microsoft Gears of War 3
2
E/A
111
X-Box 360 Street Fighter x Tekken
2
E/A
112
Microsoft - Xbox 360 250GB Console with Kinect
2
E/A
113
Microsoft - Xbox 360 Wireless Controller - Black
8
E/A
114
Microsoft - Xbox 360 Play & Charge Kit - Black
3
E/A
115
Microsoft - Quick Charge Kit for Xbox 360
3
E/A
116
Kinect EA Tiger Woods PGA TOUR 13
2
E/A
117
Kinect Steel Battalion Heavy Armor
2
E/A
118
Kinect Tom Clancy Future Soldier
119
Kinect LucasArts Kinect Star Wars
2
E/A
120
Kinect Zumba Fitness Rush 360K
2
E/A
121
Kinect Ubisoft Shape Fitness Evolved
2
E/A
122
PS3 (320GB) console with move bunble
2
E/A
123
PS3 Move Motion Controller
8
E/A
124
PS3 Move Navigation Controller
4
E/A
125
PS3 Move Charging Station
4
E/A
126
PS3 EA Madden NFL 12
2
E/A
127
PS3 Activision PROTOTYPE 2
2
E/A
128
PS3 Namco SOULCALIBUR V
2
E/A
129
PS3 Armored Core V PS3
2
E/A
130
PS3 Twisted Metal PS3
2
E/A
131
PS3 Activision Battleship
2
E/A
132
PS3 MLB 2K12 PS3
2
E/A
133
PS3 Lollipop Chainsaw PS3
2
E/A
SHIP TO
MARK FOR
Guam
Deployed
134
Microsoft - Xbox 360 250GB Console
2
E/A
135
Microsoft - Xbox 360 Wireless Controller - Black
2
E/A
136
Microsoft - Xbox 360 Play & Charge Kit - Black
2
E/A
137
Microsoft - Quick Charge Kit for Xbox 360
2
E/A
138
X-Box 360 Mass Effect 3
2
E/A
139
X-Box 360 EA Sports SSX
2
E/A
140
X-Box 360 Max Payne 3
2
E/A
141
X-Box 360 Game of Thrones
2
E/A
142
X-Box 360 EA Battlefield 3
2
E/A
143
X-Box 360 Microsoft Gears of War 3
2
E/A
144
X-Box 360 Street Fighter x Tekken
2
E/A
145
Microsoft - Xbox 360 250GB Console with Kinect
2
E/A
146
Microsoft - Xbox 360 Wireless Controller - Black
2
E/A
147
Microsoft - Xbox 360 Play & Charge Kit - Black
1
E/A
148
Kinect Steel Battalion Heavy Armor
2
E/A
149
Kinect Tom Clancy Future Soldier
2
E/A
150
Kinect Microsoft Forza Motorsport 4
2
E/A
151
Kinect Zumba Fitness Rush 360K
2
E/A
152
Kinect Sports 2
5
E/A
153
PS3 (160GB) console: Call of Duty - Black Ops game bundle
2
E/A
154
PS3 (320GB) console with move bunble
2
E/A
155
PS3 Move Motion Controller

E/A

156
PS3 Move Navigation Controller
2
E/A
157
PS3 Move Charging Station
2
E/A
158
PS3 FIFA Street PS3
1
E/A
159
PS3 EA Madden NFL 12
2
E/A
160
PS3 EA NCAA Football 12
2
E/A
161
PS3 Activision PROTOTYPE 2
2
E/A
162
PS3 Namco SOULCALIBUR V
2
E/A
163
PS3 Armored Core V PS3
2
E/A
164
PS3 Activision Battleship
1
E/A
SHIP TO
MARK FOR
Gaeta
Deployed
CLIN
DESCRIPTION
STOCK #
QTY
UI
UNIT PRICE
TOTAL PRICE
165
Microsoft - Xbox 360 250GB Console
5
E/A
166
Microsoft - Xbox 360 Wireless Controller - Black
10
E/A
167
Microsoft - Xbox 360 Play & Charge Kit - Black
5
E/A
168
Microsoft - Quick Charge Kit for Xbox 360
5
E/A
169
X-Box 360 Mass Effect 3
1
E/A
170
X-Box 360 EA Sports SSX
1
E/A
171
X-Box 360 Max Payne 3
1
E/A
172
X-Box 360 Game of Thrones
1
E/A
173
X-Box 360 NHL 12 X360
1
E/A
174
X-Box 360 EA Battlefield 3
1
E/A
175
X-Box 360 Skyrim
1
E/A
176
X-Box 360 Microsoft Gears of War 3
1
E/A
177
X-Box 360 Street Fighter x Tekken
1
E/A
178
X-Box 360 THQ WWE '12
1
E/A
179
Microsoft - Xbox 360 250GB Console with Kinect
5
E/A
180
Kinect EA Tiger Woods PGA TOUR 13
1
E/A
181
Kinect Steel Battalion Heavy Armor
1
E/A
182
Kinect Tom Clancy Future Soldier
1
E/A
183
Kinect Microsoft Forza Motorsport 4
1
E/A
184
Kinect LucasArts Kinect Star Wars
1
E/A
185
Kinect Zumba Fitness Rush 360K
1
E/A
186
Kinect Sports 2
1
E/A
187
Kinect Microsoft Dance Central 2
1
E/A
188
Kinect Just Dance Greatest Hits
1
E/A
189
Kinect Ubisoft Shape Fitness Evolved
1
E/A
190
PS3 (320GB) console with move bunble
5
E/A
191
PS3 Move Motion Controller
5
E/A
192
PS3 Move Navigation Controller
5
E/A
193
PS3 Move Charging Station
5
E/A
194
PS3 FIFA Street PS3
1
E/A
195
PS3 EA Madden NFL 12
1
E/A
196
PS3 EA NCAA Football 12
1
E/A
197
PS3 Activision PROTOTYPE 2
1
E/A
198
PS3 MLB 2K12 PS3
1
E/A
199
Wii Console (black) w/ Wii Sports, Sports Resort and remote plus
5
E/A
200
Wii Remote Plus (Black)
5
E/A
201
Wii Nunchuk Controller (Black)
5
E/A
202
Wii Nintendo Mario Party 9
1
E/A
203
Wii Nintendo PokéPark 2
1
E/A
204
Wii The Amazing Spiderman Wii
1
E/A
205
Wii Nintendo Super Mario Galaxy 2
1
E/A
206
Wii Kirby's Return to Dream Land
1
E/A
207
Wii Sega Mario Sonic 2012 Olympic Games
1
E/A
208
Wii Call of Duty: Black Ops
1
E/A
209
Wii Epic Mickey 2: The Power of Two
1
E/A
210
Wii Nascar Inside Line Wii
1
E/A
211
Wii Karaoke Joysound Bundle
1
E/A
SHIP TO
MARK FOR
Pearl Harbor
Deployed
CLIN
DESCRIPTION
STOCK #
QTY
UI
UNIT PRICE
TOTAL PRICE
212
X-Box 360 Mass Effect 3
7
E/A
213
X-Box 360 EA Sports SSX
7
E/A
214
X-Box 360 Max Payne 3
7
E/A
215
X-Box 360 Game of Thrones
7
E/A
216
X-Box 360 NHL 12 X360
11
E/A
217
X-Box 360 EA Battlefield 3
7
E/A
218
X-Box 360 Skyrim
7
E/A
219
X-Box 360 Microsoft Gears of War 3
7
E/A
220
X-Box 360 Street Fighter x Tekken
7
E/A
221
X-Box 360 THQ WWE '12
7
E/A
222
Microsoft - Xbox 360 250GB Console with Kinect
7
E/A
223
Microsoft - Xbox 360 Wireless Controller - Black
7
E/A
224
Microsoft - Xbox 360 Play & Charge Kit - Black
7
E/A
225
Microsoft - Quick Charge Kit for Xbox 360
7
E/A
226
Kinect EA Tiger Woods PGA TOUR 13
18
E/A
227
Kinect Steel Battalion Heavy Armor
5
E/A
228
Kinect Tom Clancy Future Soldier
10
E/A
229
Kinect Microsoft Forza Motorsport 4
5
E/A
230
Kinect LucasArts Kinect Star Wars
10
E/A
231
Kinect Zumba Fitness Rush 360K
5
E/A
232
Kinect Sports 2
10
E/A
233
Kinect Microsoft Dance Central 2
10
E/A
234
Kinect Just Dance Greatest Hits
10
E/A
235
Kinect Ubisoft Shape Fitness Evolved
10
E/A
236
PS3 (320GB) console with move bunble
10
E/A
237
PS3 Move Motion Controller
10
E/A
238
PS3 Move Navigation Controller
10
E/A
239
PS3 Move Charging Station
10
E/A
240
PS3 FIFA Street PS3
120
E/A
241
PS3 EA Madden NFL 12
120
E/A
242
PS3 EA NCAA Football 12
60
E/A
243
PS3 Activision PROTOTYPE 2
60
E/A
244
PS3 Namco SOULCALIBUR V
60
E/A
245
PS3 Armored Core V PS3
60
E/A
246
PS3 Twisted Metal PS3
60
E/A
247
PS3 Activision Battleship
60
E/A
248
PS3 MLB 2K12 PS3
60
E/A
249
PS3 Lollipop Chainsaw PS3
60
E/A
1001
SHIPPING COSTS:

To be applied to the “ship to’ location (ie: Norfolk; New London). Shipping Costs to be billed on separate invoice and to be identified as being invoiced to the specific location being shiiped)

1
LOT

PART I, SECTION C - STATEMENT OF WORK

GENERAL INFORMATION

C-1. INTRODUCTION

This requirement is for the successful contractor to provide electronic video game consoles and DVD(s) to the Navy Installations Command, MWR Fleet Deployed Forces Support (N921A) activities as provided.

C-2. SCOPE

The Contractor will provide the supplies as described in Section B and the attachment in Section J to MWR Fleet Deployed Forces Support (N921A), to the various locations as described in Section J. This solicitation is for all deliveries Outside of Contiguous United States (OCONUS) area.

C-3. BACKGROUND

To provide the Video Game Consoles and DVD(s) as described in the solicitation to be delivered to various locations worldwide. Quote as specified. Substitution of DVD Titles in the List provided below (See Section L, may only be made with written (email) consent from the following Primary Government POC: Nilya Carrato 202-433-0785, email: nilya.carrato@navy.mil

PART I, SECTION D – PACKAGING AND MARKING

All materials and components shall be packaged and marked to ensure all are received at the designated delivery location without damage.

FOR ALL SHIPMENTS: Identify carton count on each carton. Example: 1 of 3, 2 of 3, and 3 of 3.

PLEASE INCLUDE FULL PACKING SLIP

SHIPPING INSTRUCTIONS: DELIVERY ORDER #HDQMWR-13-C-_____ (THIS NUMBER MUST BE INCLUDED ON EVERY PACKAGE)

ALL LINE ITEMS MUST BE PACKAGED FOR EXPORT

DIEGO GARCIA

SHIPPING INSTRUCTIONS: DELIVERY ORDER #HDQMWR-13-C-_____ (THIS NUMBER MUST BE INCLUDED ON EVERY PACKAGE)

SHIPMENTS UNDER 70 POUNDS OR LESS AND MEET POSTAL SIZE REQUIREMENT

Mail Parcel Post. Postage should be billed on a separate invoice and supported by a postage receipt when shipped FOB Destination. Zip code must be shown on all cartons. Apply postage at the domestic rate for the FPO address below:

NAVSUPPFAC Diego Garcia MWR Department PSC 466, Box 15

FPO AP 96595-0015

SHIPMENTS OVER 70 POUNDS BUT LESS THAN 10,000 POUNDS

Ship to Port of Embarkation (POE).

MARK EACH CARTON WITH

THE FOLLOWING: CONSIGN SHIPMENTS TO THE POE:

N610786170M203XXX17 Digit TCN*TRANSPORTATION OFFICER
TP-3PriorityDEFENSE DISTRIBUTION DEPOT,
Vendor’s Name &SAN JOAQUIN
________________________Address25600 CHRISMAN, BLDG. 30
_______________________TRACY, CA 95376-0140
3DKP.O.E. 3 digit codePHONE: 209-839-4708
UQ2P.O.D. 3 digit code
N61078DODAAC/UIC
Pieces, wt & cube (To be completed by vendor)
SHIP TO:MARK FOR:
U.S. Naval Regional CenterNSF MWR Department
PSA Sembawang TerminalNAVSUPPFAC Diego Garcia
Bldg. 73-4, Deptford RdPSC 466, Box 15
Singapore 759657FPO AP 96595-0015

Attn: Clifford Theseira - 011-65-6750-2518

Mark each carton with the final destination address as provided and transportation control number (TCN) on all shipping cartons and bills of lading. Identify carton count on each carton if more than one piece is shipped on the same purchase order (i.e. 1 of 2, 2 of 2, etc.).

*Vendor shall complete the last three digits (15-17) of the TCN as follows:

Digit Position Description 15 Enter “X” 16 PARTIAL SHIPMENTS. For control purposes, Transportation Control Numbers (TCN) cannot be duplicated. To preclude rejection of shipments at the port, modify the sixteenth position of the TCN number as follows for each increment of the shipment unit moved on a separate conveyance: X = Complete Shipment, A = First Partial, B = Second Partial, etc.

17 Enter “X” Example: N00000 0000 M 000 XAX First Partial

N00000 0000 M 000 XBX Second Partial, etc.
N00000 0000 M 000 XXX Complete Shipment

SHIPMENTS OVER 10,000 POUNDS

You must secure an export release 10 days prior to the date you intend to ship the order. Request the export release from the POE. When requesting export release, have available TCN number, commodity, description, shipping point, total number of pieces, total cube and weight, and desired shipping date.

LINES 44 - 61

FOR ALL CARTONS/CRATES/PALLETS (REGARDLESS OF WEIGHT), MARK AS FOLLOWS:

N62735-6
*Transportation Control Number
TP-3
Priority

Name/Address - Contractor, Line 1

Name/Address - Contractor, Line 2

Name/Address - Contractor, Line 3

Name/Address - Contractor, Line 4

3DK
Port Of Entry 3-Digit Code
UQ2
Port of Departure 3-Digit Code
N62735
DODAAC/UIC

**Pieces/Weight/Cube (See Note 2)

*Note 1: The Contractor shall enter the last three letters of the Transportation Control Number (TCN).

- If only a single shipment is required, then add the letters "XXX" to the end of the TCN.

- For a series of shipments, add the letters "XAX" for the 1st partial shipment, "XBX" for the 2nd, "XCX" for the 3rd, etc., etc. Enter the letters "XXX" on the final shipment.

**Note 2: The contractor shall enter Pieces/Weight/Cube information.

FOR CARTONS/PACKAGES WEIGHING LESS THAN 120 POUNDS

· Products should be mailed Parcel Post.

· Postage should be billed on a separate invoice. Include a postage receipt for shipped FOB Destination.

· Zip code must be shown on all cartons.

· Apply postage at the domestic rate for the FPO address listed below.

· Shipping label should read as follows:

UNDER 75 LBS. OVER 75 LBS.

COMFLEACT SASEBO
SASEBO FLEET FITNESS COMPLEX
Attn: MWR Shore Fitness
MWR
PSC 476 Box 5
SASEBO BEIGUN-KICHI
FPO AP 96322-1190
HIRASE CHO

SASEBO CITY, NAGASAKI PREFECTURE

857-0056 JAPAN

FOR CONTAINERS/PALLETS WEIGHING MORE THAN 120 POUNDS, SHIP TO PORT OF EMBARKATION (P.O.E.) AND LABEL CONTAINERS/PALLETS AS FOLLOWS:

PORT OF EMBARKATION
END RECIPIENT
UIC: 49625
UIC: N62735
DDD San Joaquin
COMFLEACT Sasebo
25600 Chrisman
Attn: MWR Shore Fitness
Building 30
PSC 476 Box 5
Tracy, CA 95376-0140
FPO AP 96322-1190
Phone: 209-839-4708
Dennis Lebling 011-81-956-50-3756 / 3472

dennis.lebling@fe.navy.mil

FOR SHIPMENTS EXCEEDING 10,000 POUNDS OR IN EXCESS OF 800 CUBIC INCHES

· You must secure an export release 10 days prior to the date you intend to ship the order.

· Request the export release from the Port Of Entry (POE).

· When requesting export release, have available TCN number, commodity, description, shipping point, total number of pieces, total cube and weight, and desired shipping date.

LINES 62 – 102

FOR ALL CARTONS/CRATES/PALLETS (REGARDLESS OF WEIGHT), MARK AS FOLLOWS:

N61581-6
*Transportation Control Number (Note 1)
TP-3
Priority

Name/Address of Contractor, Line 1

Name/Address of Contractor, Line 2

Name/Address of Contractor, Line 3

Name/Address of Contractor, Line 4

3DK
Port Of Entry 3-Digit Code
UQ2
Port of Departure 3-Digit Code
N61581
DODAAC/UIC

**Pieces/Weight/Cube (See Note 2)

*Note 1: The Contractor shall enter the last three letters of the Transportation Control Number (TCN).

- For a series of shipments, add the letters "XAX" for the 1st partial shipment, "XBX" for the 2nd, "XCX" for the 3rd, etc., etc. Enter the letters "XXX" on the final shipment.

**Note 2: The contractor shall enter Pieces/Weight/Cube information.

FOR CARTONS/PACKAGES WEIGHING LESS THAN 120 POUNDS

· Products should be mailed Parcel Post.

· Postage should be billed on a separate invoice. Include a postage receipt shipped FOB Destination.

· Zip code must be shown on all cartons.

· Apply postage at the domestic rate for the FPO address listed below.

· Shipping label should read as follows:

COMFLEACT Yokosuka

Attn: MWR Fleet Recreation

PSC 473 Box 60

FPO AP 96349-1105

FOR CONTAINERS/PALLETS WEIGHING MORE THAN 120 POUNDS,

SHIP TO PORT OF EMBARKATION (P.O.E.) AND LABEL CONTAINERS/PALLETS AS FOLLOWS:

PORT OF EMBARKATION
END RECIPIENT
MARK FOR
UIC: N49625
N61581
UIC: N61581
DDD San Joaquin
NMC EAST ASIA DET YOKOSUKA
COMFLEACT YOKOSUKA
25600 Chrisman
DEF DIST DEPOT BLDG J39 NAV BASE
ATTN: MWR DEPLOYED FORCES SUPPORT (Fleet Recreation)
Building 30
1 BANCHI TOMARI-CHO
PSC 473 BOX 60
Tracy, CA 95376-0140
YOKOSUKA-SHI
FPO AP 96349-0060
Phone: 209-839-4708
KANAGAWA-KEN JAPAN
POC: CRAIG STEVENS - 011-81-468-16-7284

· Request the export release from the Port Of Entry (POE).

· When requesting export release, have available TCN number, commodity, description, shipping point, total number of pieces, total cube and weight, and desired shipping date.

LINES 103 - 133

FOR ALL CARTONS/CRATES/PALLETS (REGARDLESS OF WEIGHT), MARK AS FOLLOWS:

N61755-6
*Transportation Control Number (Note 1)
TP-3
Priority

Name/Address of Contractor, Line 1

Name/Address of Contractor, Line 2

Name/Address of Contractor, Line 3

Name/Address of Contractor, Line 4

3DK
Port Of Entry 3-Digit Code
TA2
Port of Departure 3-Digit Code
N0319A
DODAAC/UIC

**Pieces/Weight/Cube (See Note 2)

*Note 1: The Contractor shall enter the last three letters of the Transportation Control Number (TCN).

- For a series of shipments, add the letters "XAX" for the 1st partial shipment, "XBX" for the 2nd, "XCX" for the 3rd, etc., etc. Enter the letters "XXX" on the final shipment.

**Note 2: The contractor shall enter Pieces/Weight/Cube information.

FOR CARTONS/PACKAGES WEIGHING LESS THAN 120 POUNDS

· Products should be mailed Parcel Post.

· Postage should be billed on a separate invoice. Zip code must be shown on all cartons.

· Apply postage at the domestic rate for the FPO address listed below.

· Shipping label should read as follows:

MSCO Korea Pier 8, Gamman-dong Nam-Ku, Pusan, Korea, 608-070

FOR CONTAINERS/PALLETS WEIGHING MORE THAN 120 POUNDS, SHIP TO PORT OF EMBARKATION (P.O.E.) AND LABEL CONTAINERS/PALLETS AS FOLLOWS:

PORT OF EMBARKATION
END RECIPIENT

UIC: 49625

DDD San Joaquin
Commanding Officer
25600 Chrisman
Attn: MWR Fleet Rec
Building 30
MSCO KOREA
Tracy, CA 95376-0140
PIER 8 GAMMAN-DONG

NAM-KU PUSAN KOREA 608-070

Phone: 209-839-4708
TIANA LUITING
671-564-1853
011-82-55-540-5529

· Request the export release from the Port Of Entry (POE).

· When requesting export release, have available TCN number, commodity, description, shipping point, total number of pieces, total cube and weight, and desired shipping date.

LINES 134 - 164

FOR ALL CARTONS/CRATES/PALLETS (REGARDLESS OF WEIGHT), MARK AS FOLLOWS:

N61755-6
*Transportation Control Number (Note 1)
TP-3
Priority

Name/Address of Contractor, Line 1

Name/Address of Contractor, Line 2

Name/Address of Contractor, Line 3

Name/Address of Contractor, Line 4

3DK
Port Of Entry 3-Digit Code
TA2
Port of Departure 3-Digit Code
N61755
DODAAC/UIC

**Pieces/Weight/Cube (See Note 2)

*Note 1: The Contractor shall enter the last three letters of the Transportation Control Number (TCN).

- For a series of shipments, add the letters "XAX" for the 1st partial shipment, "XBX" for the 2nd, "XCX" for the 3rd, etc., etc. Enter the letters "XXX" on the final shipment.

**Note 2: The contractor shall enter Pieces/Weight/Cube information.

FOR CARTONS/PACKAGES WEIGHING LESS THAN 120 POUNDS

· Products should be mailed Parcel Post.

· Postage should be billed on a separate invoice. Zip code must be shown on all cartons.

· Apply postage at the domestic rate for the FPO address listed below.

· Shipping label should read as follows:

MWR Office

Attn: Deployed Forces – Leslie Gould

US Naval Base Guam

Bldg. SB1 Aldrich Road

Santa Rita, Guam 96915

FOR CONTAINERS/PALLETS WEIGHING MORE THAN 120 POUNDS, SHIP TO PORT OF EMBARKATION (P.O.E.) AND LABEL CONTAINERS/PALLETS AS FOLLOWS:

PORT OF EMBARKATION
END RECIPIENT
UIC: 49625
UIC: N61128
DDD San Joaquin
MWR Admin Office
25600 Chrisman
Attn: Deployed Forces
Building 30
US Naval Base Guam
Tracy, CA 95376-0140
Bldg SB1 Aldrich Rd

Santa Rita, Guam 96915

Phone: 209-839-4708
Leslie Gould leslie.gould@fe.navy.mil

1+671-688-7038

· Request the export release from the Port Of Entry (POE).

· When requesting export release, have available TCN number, commodity, description, shipping point, total number of pieces, total cube and weight, and desired shipping date.

LINES 165 - 211

FOR ALL CARTONS/CRATES/PALLETS (REGARDLESS OF WEIGHT), MARK AS FOLLOWS:

N30829-6-
*Transportation Control Number (See Note 1)
TP-3
Priority

Name/Address of Contractor, Line 1

Name/Address of Contractor, Line 2

Name/Address of Contractor, Line 3

Name/Address of Contractor, Line 4

1MJ
Port Of Entry 3-Digit Code
KF8
Port of Departure 3-Digit Code
N30829
DODAAC/UIC

**Pieces/Weight/Cube (See Note 2)

*Note 1: The Contractor shall enter the last three letters of the Transportation Control Number (TCN).

- For a series of shipments, add the letters "XAX" for the 1st partial shipment, "XBX" for the 2nd, "XCX" for the 3rd, etc., etc. Enter the letters "XXX" on the final shipment.

**Note 2: The contractor shall enter Pieces/Weight/Cube information.

FOR CARTONS/PACKAGES WEIGHING LESS THAN 120 POUNDS

· Products should be mailed Parcel Post.

· Postage should be billed on a separate invoice.

· Zip code must be shown on all cartons.

· Apply postage at the domestic rate for the FPO address listed below.

· Shipping label should read as follows:

NSA Gaeta

Attn: MWR Fleet Recreation

PSC 8151 Box 321

FPO AE 09609-1001

PORT OF EMBARKATION
END RECIPIENT
UIC: N45631
UIC: N30829
FISC Norfolk
NSA Gaeta
Ocean Terminal Division Code 302
Attn: MWR Fleet Recreation
9248 Virginia Ave Bldg CEP 201
PSC 811 Box 321
Norfolk, VA 23511-2893
FPO AE 09609-1001

Phone: 757-444-1210

· Request the export release from the Port Of Entry (POE).

· When requesting export release, have available TCN number, commodity, description, shipping point, total number of pieces, total cube and weight, and desired shipping date.

LINES 212 - 249

FOR ALL CARTONS/CRATES/PALLETS (REGARDLESS OF WEIGHT), MARK AS FOLLOWS:

N55315-6-
*Transportation Control Number (See Note 1)
TP-3
Priority

Name/Address of Contractor, Line 1

Name/Address of Contractor, Line 2

Name/Address of Contractor, Line 3

Name/Address of Contractor, Line 4

3DK
Port Of Entry 3-Digit Code
XE2
Port of Departure 3-Digit Code
N55315
DODAAC/UIC

**Pieces/Weight/Cube (See Note 2)

*Note 1: The Contractor shall enter the last three letters of the Transportation Control Number (TCN).

- For a series of shipments, add the letters "XAX" for the 1st partial shipment, "XBX" for the 2nd, "XCX" for the 3rd, etc., etc. Enter the letters "XXX" on the final shipment.

**Note 2: The contractor shall enter Pieces/Weight/Cube information.

FOR CARTONS/PACKAGES WEIGHING LESS THAN 120 POUNDS

· Products should be mailed Parcel Post.

· Postage should be billed on a separate invoice.

· Zip code must be shown on all cartons.

· Apply postage at the domestic rate for the FPO address listed below.

· Shipping label should read as follows:

COMNAVSURFGRU MIDPAC

Attn: MWR Fleet Recreation

850 Ticonderoga Street, Suite 110

NAVSTA Pearl Harbor, HI 96860-5101

PORT OF EMBARKATION
END RECIPIENT
UIC: 49625
UIC: N55315
DD San Joaquin
COMNAVSURFGRU MIDPAC
2500 Chrisman
Attn: MWR Fleet Recreation
Building 30
850 Ticonderoga Street, Ste 110
Tracy, CA 95376-0140
Pearl Harbor, HI 96860-5101
Phone: 209-839-4708
Frank Del Gaudio, 808-473-4182

· Request the export release from the Port Of Entry (POE).

· When requesting export release, have available TCN number, commodity, description, shipping point, total number of pieces, total cube and weight, and desired shipping date.

PART I, SECTION E – INSPECTION AND ACCEPTANCE

See Section ‘I’, Clause 10 titled “INSPECTION.”

PART I, SECTION F – DELIVERIES

Delivery Address: See Section D for the list of delivery addresses.

Delivery Schedule: 60 days after receipt of award.

FOR RECIPIENTS ONLY

RECIPIENTS OF ITEMS MUST IMMEDIATELY SIGN FRONT PAGE OF CONTRACT WHEN ITEMS ARE RECEIVED. YOU MUST PROVIDE PRINTED NAME, SIGNATURE AND DATE RECEIVED. PARTIAL DELIVERIES MUST BE NOTED. SCAN SIGNEDCONTRACTS AND E-MAIL TO MS. DORIS GOODE (doris.goode@navy.mil) AND COPY DOUG BUTTS (doug.butts@navy.mil) AND STEVE MACMILLAN (stephen.macmillan@navy.mil).

PART I, SECTION G – CONTRACT ADMINISTRATION

G.1 INVOICE AND PAYMENT:

NAF Clause #12 “Invoices.” An invoice is a written request for payment under the contract for supplies/equipment delivered or for services rendered. In order to be proper, an invoice must include (and in order to support the payment of interest penalties) the following:

a. Invoice date;

b. Name of contractor;

c. Contract number (include order number, if any), contract description of supplies or services, quantity, contract unit of measure, unit price, and extended total;

d. Shipment number and date of shipment;

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

f. Name (where practicable), title, telephone number and mailing address of person to be notified in the event of a defective invoice; and

g. 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 with proof of delivery. Proof of deliveries must contain signatures. Unless otherwise specified the POC designated on each purchase order.

G-2. SUBMIT INVOICES TO:

COMMANDER NAVY INSTALLATIONS COMMAND

5720 INTEGRITY DRIVE LASSEN BUILDING 457

MILLINGTON, TN 38055-6500

ATTN: Doris Goode 901-874-6802 Doris.Goode@navy.mil

See Section ‘I’, Clause 12 titled “INVOICES.”

Vendor must submit (with all invoices) a signed Proof of Delivery (POD). Electronic payment or checks will not be authorized until PODs are received from vendor.

G-3. ACCOUNTING CLASSIFICATION:

Non Appropriated Funding: Company Code: 6510 Cost Center: 19342 GL Account: 799389

PART I, SECTION H – SPECIAL CONTRACT REQUIREMENTS

POINTS OF CONTACT:

PRIMARY (POC) LOCATION – (POC)

COMMANDER NAVY INSTALLATIONS COMMAND

5720 INTEGRITY DRIVE LASSEN BUILDING 457

MILLINGTON, TN 38055-6500

ATTN: Doris Goode 901-874-6802 Doris.Goode@navy.mil

PART II, SECTION I – CONTRACT CLAUSES

NONAPPROPIATED FUND CONTRACT CLAUSES

TABLE OF CONTENTS

CLAUSES MADE INAPPLICABLE BY THE TYPE OF ORDER OR CONTRACT ARE SELF-DELETING.

1. DEFINITIONS

2. ADVERTISEMENTS

3. ASSIGNMENT

4. COMMERCIAL WARRANTY

5. DISCOUNTS FOR PROMPT PAYMENT

6. DISPUTES

7. EXAMINATION OF RECORDS

8. GRATUITIES

9. HOLD AND SAVE HARMLESS

10. INSPECTION

11. INSURANCE

12. INVOICES

13. LAW GOVERNING CONTRACTS

14. LEGAL STATUS

15. MODIFICATIONS

16. ORDER OF PRECEDENCE

17. PAYMENTS

18. PROOF OF SHIPMENT

19. TAXES

20. TERMINATION FOR CONVENIENCE

21. TERMINATION FOR DEFAULT

22. VARIATION IN QUANTITY

23. PROTESTS

NONAPPROPRIATED FUND CONTRACT CLAUSES

TABLE OF CONTENTS (Continued)

(Incorporated by Reference)

24. COVENANT AGAINST CONTINGENT FEES

25. WALSH-HEALEY PUBLIC CONTRACTS ACT

26. EQUAL OPPORTUNITY

27. AFFIRMATIVE ACTION – VETERANS

28. AFFIRMATIVE ACTION – HANDICAPPED WORKERS

29. EMPLOYMENT REPORTS – VETERAN

30. RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

31. EXTRAS

32. CHANGES - FIXED PRICE

33. CONTRACTOR INSPECTOR REQUIREMENTS

34. RESPONSIBILITY FOR SUPPLIES

35. CLEARANCE AND DOCUMENT – SHIPMENTS

36. CONVICT LABOR

37. CONTRACT WORK HOURS & SAFETY STANDARDS ACT

38. SERVICE CONTRACT ACT OF 1965 (AS AMENDED)

39. INSPECTION OF SERVICES – FIXED PRICE

PART II, SECTION I

NONAPPROPRIATED FUND CONTRACT CLAUSES

1. Definitions. As used throughout this contract, the following terms and abbreviations have the meaning 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 his successor or successors.

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

e. The term “Contracting Officer’s Representative” (COR) means a person appointed by the contracting officer to monitor performance and act as a liaison between the contractor and the contracting officer.

2. Advertisements. The contractor agrees that none of its, nor its agent’s, advertisements to include publications, merchandise, promotions, coupons, sweepstakes, contests, 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 that particular activity.

3. Assignment. A contractor may not assign their rights or delegate their obligations under this contract without prior written consent of the contracting officer.

4. Commercial Warranty. The contractor agrees that the supplies/equipment or services furnished under this contract shall be covered by the most favorable commercial warranties the contractor gives to any customer for such supplies/equipment 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/equipment or services covered.

5. Discounts for Prompt Payment. In connection with any prompt payment discount offered, time will be computed from the date of the contractor’s invoice. Payment is deemed to have been made as of the date on the payment check or date on which electronic funds transfer is made.

6. Disputes. 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 their decision in writing, and mail or otherwise furnish a copy of it to the contractor. Within 90 days from 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 immediate superior in Command (ISIC) of the Command one level above the contracting officer's Command. The decision of this authority shall be final and conclusive. 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, the contractor shall proceed diligently with the performance of the contract and according to the decision of the contracting officer, unless directed to do otherwise by the contracting officer.

7. Examination of Records

a. The clause is applicable if the amount of this contract exceeds $10,000 and the contract was entered into by means of negotiation. The contractor agrees that the contracting officer or their 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 up to 3 years after contract expiration date and final payment.

b. The contractor agrees to include the clause in paragraph 7a above in all subcontracts there-under which exceed $10,000.

8. Gratuities

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 Contracting Officer 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 employee 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. The Contracting Officer must coordinate with and receive approval from N94 on all matters arising under this section.

b. In the event this contract is terminated as provided in paragraph 8a above, the NAFI shall be entitled (1) to pursue the same remedies against the contractor as it would pursue in the event of a breach of contract by the contractor, and (2) 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 Contracting Officer, which shall not be 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.

9. Hold and Save Harmless. The contractor shall indemnify, 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 listed in this contract, except for such claims or damages caused by or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, the contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits and expenses which arise out of acts or omissions of the contractor, its agents, representatives, or employees.

10. Inspection. Unless otherwise provided herein, inspection shall be made after receipt of the supplies/equipment by the ordering activity, or after completion of services by the contractor. Inspection and acceptance shall not be conclusive, with respect to latent defects or fraud, or with respect to the NAFI’s rights under the proof of shipment provisions contained herein. In case any supplies/equipment or services are defective in material or workmanship, or are otherwise not in conformity with the requirements of this contract, the NAFI shall have the right to reject such supplies or services, or to require replacement or correction. Rejected supplies/equipment shall be removed by and at the expense of the contractor promptly after notice. If required by the NAFI, the contractor, after notice of defect or non-conformance, shall, in a timely manner, correct or replace the defective or non-conforming supplies/equipment or services, or any part thereof. When such correction or replacement requires transportation of the supplies/equipment or part thereof, all shipping costs to and from the contractor’s plant or place of business shall be borne by the contractor.

11. Insurance

a. The contractor shall, at their expense, procure and maintain, during the entire performance period of this contract, insurance of at least the kinds and minimum amount set forth herein.

b. At all times during performance, the contractor shall maintain with the contracting officer a current certificate of insurance showing at least the insurance required herein, and providing 30 days written notice to the contracting officer by the insurance company prior to cancellation or material change in policy coverage.

c. The contractor shall also require all first-tier subcontractors, who will perform work on a government installation, to procure and maintain the insurance required herein during the entire period of their performance. The contractor shall furnish (or assure that it has been furnished) to the contracting officer a current certificate of insurance meeting the requirements of paragraph 11b above, for each such first-tier subcontractor, at least 5 days prior to entry of each such subcontractor’s personnel on the installation.

d. In implementation of the insurance clause above, the contractor shall procure and maintain:

(1) Worker’s compensation as prescribed by the laws of the State in which the work will be performed and employer’s liability insurance.

(2) General liability insurance wherein the NAFI and the United States are included as named insured, stating that such insurance is primary (secondary to or contributory with no other insurance). Policy limits of $1,000,000 per person - $1,000,000 per occurrence for injury or death, and $1,000,000 property damage per occurrence are required.

(3) The contractor is responsible for damage or loss to his/her owned or leased equipment. Claims will be honored only if it can be shown that the NAFI was negligent and caused damage or loss to the contractor’s equipment.

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

a. Invoice date;

b. Name of contractor;

c. Contract number (include order number, if any), contract description of supplies or services, quantity, contract unit of measure, unit price, and extended total;

d. Shipment number and date of shipment;

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

f. Name (where practicable), title, telephone number and mailing address of person to be notified in the event of a defective invoice; and

g. 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.

13. Law Governing Contracts. 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 according to the substantive and procedural laws of the United States of America.

14. Legal Status. The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States. NO APPROPRIATED FUNDS OF THE UNITED STATES SHALL BECOME DUE OR BE PAID A CONTRACTOR BY REASON OF THIS CONTRACT.

15. Modifications. No agreement or understanding to modify this contract will be binding upon the NAFI unless it is made in writing and signed by a contracting officer from the office that issued the contract or its successor.

16. Order of Precedence. In the event of an inconsistency between provisions of this solicitation/contract, the inconsistency shall be resolved by giving precedence in the following order: (1) description of the supplies/equipment or services and prices/costs; (2) description/specifications/ work statement; (3) special contract requirements; (4) contract clauses; (5) other provisions of the solicitation/award; and (6) any portion of the contractor’s bid or proposal that has been incorporated by reference and made a part of the contract.

17. Payments. Payment of prices stated in this contract will be made according to the Prompt Payment Act, as amended. Unless otherwise specified, payment will be made on partial deliveries accepted by the NAFI when the amount due on such deliveries so warrants. Payment is deemed to have been made as of the date on the payment check or date on which electronic funds transfer is made.

18. Proof of Shipment. (Applicable to shipments outside the United States through the Defense Transportation System (DTS) and parcel post shipments to overseas destinations.) Except as otherwise provided in this contract, payment will be made for items not yet received upon receipt of an invoice accompanied by proof of delivery to a postal system or common carrier if delivery is FOB point of origin. For deliveries FOB destination named port of debarkation, the invoice must be accompanied by a signed receipt by a government representative at the named port.

19. Taxes. The prices herein reflect full reduction for taxes that are non-applicable. In addition to the exemption from federal excise taxes by virtue of exportation, all tangible personal property sold to NAFIs for resale are exempt from sales and use taxes. All sales other than for resale depend on state law or federal constitutional immunity for exemption from state sales and use taxes.

20. Termination for Convenience. 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/equipment and is so terminated, the contractor shall be compensated according to FAR subparts 49.1 and 49.2 in effect on the date of this contract award. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment according to the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no contractor claims covering non-recurring costs for capital investment. If there are any such contractor claims, they shall be settled according to FAR subparts 49.1 and 49.2.

21. Termination for Default. The contracting officer, by written notice, may terminate this contract in whole or in part for failure of the contractor to perform any of the provisions hereof. In such event, the contractor shall be liable for damages including the excess cost of re-procuring similar supplies/equipment or services; provided that, if (1) it is determined for any reason that the contractor was not in default or (2) the contractor’s failure to perform is without the contractor’s or subcontractor’s control, fault, or negligence, the termination must be deemed to be a termination for convenience. As used in this provision, the term “subcontractor” means subcontractor at any tier.

22. Variation in Quantity. No variation in quantity of any item listed in the order/contract will be accepted unless authorized by the contracting officer.

23. Protests. Offerors are encouraged to resolve any complaints or issues they may have with the contracting officer in an informal manner. However, where an offeror is not satisfied with an award decision of the contracting officer, that offeror may file a written protest with the contracting officer and the contracting officer will issue a final decision on the protest. Any interested party who is dissatisfied by the contracting officer’s final decision on the protest may file a written appeal with CNIC. The procedures for filing protests may be found in chapter 2, paragraph 223. A copy of paragraph 223 will be provided to any offeror by the contracting officer upon request.

CLAUSES INCORPORATED BY REFERENCE

The provisions of the following clauses set forth in the Federal Acquisition Regulation (FAR) are hereby incorporated into this order or contract by reference with the same force and effect as if they were given in full text. As used in the following clause, 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 the FAR at the time of issuance of an order or contract award. Clauses made inapplicable by the reference or by the type or order or contract (e.g., order or contracts for services instead of supplies/equipment) are self-deleting. Upon request, the contracting officer will provide the full text.

CLAUSE NO. REFERENCE CLAUSE TITLE

24 52.203-5 Covenant Against Contingent Fees (Contracts over $150,000)

2552.222-20Walsh-Healey Public Contracts Act (Supply Contracts in
Excess of $15,000) (not with foreign contractors)

26 52.222.26 Equal Opportunity (Supply and Service Contracts over $10,000)

2752.222.35Equal Opportunity for Special Disabled Veterans, Veterans of
the Vietnam Era, and Other Eligible Veterans (Supplies and
Services over $100,000)
2852.222-36Affirmative Action for Workers with Disabilities (Supplies
And Services Contracts Over $15,000)
2952.222-37Employment Reports on Special Disabled Veterans, Veterans
of The Vietnam Era, and Other Eligible Veterans (Supplies and
Service Contracts over $10,000)

30 52.225-13 Restrictions on Certain Foreign Purchases

31 52-232-11 Extras

32 52.243-1 Changes–Fixed Price (with ALT I through IV)

33 52.246-1 Contractor Inspection Requirements

34 52.246-16 Responsibility for…

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