HDQMWR-15-R-0017_ChildrenTheater.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGE

1 42

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE

NUMBER

HDQMWR-15-R-0017 18 MAY 2015

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

COMMANDER NAVY INSTALLTIONS COMMAND

MILLINGTON DETACHMENT N944B

5720 INTEGRITY DRIVE

MILLINGTON, TN 38055-6500

John.Wolfslau E-MAIL: John.Wolfslau@navy.mil

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

SOLICITATION

9. Sealed offers in original and 1 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 3:30 P.M., CST local time 27 MAY 2015 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See L-6. 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

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 17-25

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 6-8 X J LIST OF ATTACHMENTS. See pages 39-42 26

- D PACKAGING AND MARKING - PART IV - REPRESENTATIONS AND INSTRUCTIONS

- E INSPECTION AND ACCEPTANCE -

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 27-29 X F DELIVERIES OR PERFORMANCE 9 X

X G CONTRACT ADMINISTRATION DATA 9-10 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 30-36

X H SPECIAL CONTRACT REQUIREMENTS 10-17 X M EVALUATION FACTORS FOR AWARD 36-38

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 (%)

Net

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( ) .

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

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

Jovencia V. Williams (Jo) (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-15-R-0017

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

B.1 GENERAL: This is a procurement of the Commander, Navy Installations Command (CNIC) Morale, Welfare, and Recreation (MWR) Nonappropriated Funds Instrumentality (NAFI), hereinafter referred to as NAFI.

B.2 TYPE OF CONTRACT: It is anticipated as a result of this solicitation a Firm-Fixed Price service contract will be awarded.

B.3 AWARD: Upon contract award, PART IV – REPRSENTATIONS AND INSTRUCTIONS:

(Section (s) K, L and M) of the solicitation, the Contractor’s proposal, including any revisions will be incorporated by reference subject to Clause 16, Order of Precedence.

B.4 PERIOD OF PERFORMANCE: Contract performance period for the Base Period of 12 months to commence at award date with Four One-year option periods for a total contract period of five

(5) years.

BASE PERIOD:

CLIN DESCRIPTION QTY Unit Unit Price Total Price

Provide/Facilitate theater camps from, one (1) to (40) one week camps for Child and Youth Program’s Theater Camps within CONUS.

40 (NTE) EA $________ $________

Provide/Facilitate theater camps, from one (1) to (25) one week camps for Child and

Camps within OCONUS.

25 (NTE) EA $_________ $_________

Estimated Shipping Cost.

Shipping Expenses :

Shipping cost is based on current rates and actual freight charges which are subject to changed based on the current rates and date of shipment.

The Contractor shall invoice for and will only be reimbursed for actual freight charges

1 Lot $__________ $_________

Estimated Travel Cost.

See paragraph H-

1 Lot $__________

Total: $_________

OPTION YEAR ONE (1):

CLIN DESCRIPTION QTY Unit Unit Price Total Price

Provide/Facilitate theater camps from, one (1) to (40) one week camps for Child and

Provide/Facilitate theater camps, from one (1) to (25) one week camps for Child and

Estimated Shipping Cost.

Shipping Expenses :

Shipping cost is based on current rates and actual freight charges which are subject to changed based on the current rates and date of shipment.

The Contractor shall invoice for and will only be reimbursed for actual freight charges

Estimated Travel Cost.

See paragraph H-

1 Lot $__________ $ _________

OPTION YEAR TWO (2):

Provide/Facilitate theater camps from, one (1) to (40) one week camps for Child and

Provide/Facilitate theater camps, from one (1) to (25) one week camps for Child and

Estimated Shipping Cost.

Shipping Expenses :

Shipping cost is based on current rates and actual freight charges which are subject to changed based on the current rates and date of shipment.

The Contractor shall invoice for and will only be

Estimated Travel Cost.

See paragraph H-

OPTION YEAR THREE (3):

Provide/Facilitate theater camps from, one (1) to (40) one week camps for Child and

Provide/Facilitate theater camps, from one (1) to (25) one week camps for Child and

Estimated Shipping Cost.

Shipping Expenses :

Shipping cost is based on current rates and actual freight charges which are subject to changed based on the current rates and date of shipment.

The Contractor shall invoice for and will only be

Estimated Travel Cost.

See paragraph H-

1 Lot $__________ $ _________

(End of Section B)

PART I – SECTION C: DESCRIPTION/SPECS/PERFORMANCE WORK STATEMENT.

TASK/TITLE: PERFORMING ARTS CAMPS

C. 1.1 BACKGROUND: Commander Navy Installations Command (CNIC) Navy Child and Youth Programs (CYP) provide high quality educational and recreational programs for children and youth. Teams of caring, knowledgeable professionals plan developmentally appropriate programs that are responsive to the unique needs, abilities and interest of children. Our staff fosters a sense of independence, trust and responsibility within each child through understanding and respectful interactions. Through positive relationships, our programs respect and support the ideals, cultures and values of families in their task of nurturing children and youth. Navy CYP are advocates for children, families, and the child and youth professionals within our programs and surrounding communities. Some of the Navy CYP curriculum goals are to build physical development and skills, promote social competence and positive relations with others, and advance creative expression, representation, and appreciation for the arts.

C.1.2. OBJECTIVE: Provide one (1) one-week long performing arts camp up to but not to exceed 65 camps, for CYP at Navy installations worldwide. The purpose of these camps is to develop life skills through participation in the performing arts that could lead Navy youth to possible career paths or future leisure in the performing arts. The life skills include social and communication skills, self-discipline, a strong worth ethic, understanding the concept of ‘working as a team,’ and commitment to a goal. The development of these skills will result in heightened self-esteem in the participants. Each performing arts camp shall provide intensive theatrical experience wherein a full-scale musical/recital is produced, from audition to performance.

C.1.3. CONTRACTOR REQUIREMENTS:

Contractor shall ensure employees are fully trained, knowledgeable, and competent to conduct a Performing Arts Camp and Theatre Production Workshop. Processes include, but are not limited to:

• Contractor shall use appropriate and available screening techniques for selecting and assigning individuals to ensure that children are protected. Preferred techniques include, but are not limited to: require assigned employees to complete and sign an application form, verification of all references, and the interview of all prospective employees.

• Contractor background checks of assigned employees must include a local police check and a national criminal background check including the National Registry of Sex Offenders.

• Contractor shall also ensure each employee’s teaching techniques are developmentally age appropriate for this requirement. Assigned employees shall observe and maintain reasonable standards for behavior and decorum as required for interactions with children.

• Documented proof of all Tour Actor/Directors completed local and national background checks will be made immediately available upon request of the Contracting Officer's Representative (COR) and/or Technical Advisor (TA).

C.1.4. CLIN 0001 and CLIN 0002 -CONUS/OCONUS Theatre Camps:

Provide/Facilitate up to 40 (NTE) one-week long performing art camps in CONUS installations and up to 25 (NTE) one-week long performing art camps in OCONUS installations by producing a full-scale musical from auditions to performances. Facilitation shall include:

• Providing two professional Tour Actor/Directors to cast and rehearse a full scale musical with 20-60 students ages 6-18 (grades K-12 during school year, 1 -12 during summer months) as cast members.

• Execute the camps Monday through Saturday of the chosen week for a period of 4 ½ hours per day, with additional time on performance day, as needed.

• Provide three (3) 45-minute enrichment workshops outside of the rehearsal schedule.

Enrichment workshops shall be offered to all eligible children, not just those participating in the play performance. Workshops shall cover a variety of topics such as make-up, props/stage equipment, learning lines, and basic acting. Selected Navy CYP locations will choose which topics the contractor will provide.

• Provide professionally designed scenery, costumes, props and make-up, sound and lighting equipment for each production (note: lighting does not apply to OCONUS residencies).

• Provide each site with an Information Packet to assist with marketing and publicizing the performing arts camp. Information Packet shall contain:

The basics of hosting a theater camp week, what to expect, pre-residency timeline, etc.

Marketing: Provide fill-in-the-blank press releases, how to plan for auditions, sample permission slips, media suggestions.

Fund raising information: if appropriate, how hosts can use this opportunity to earn funding to support this program (recapitalization).

Production: addresses questions about securing a piano accompanist (one of the requirements of hosting), the performances, and a “week-at-a-glance” document.

Workshops: a complete list of enrichment workshops that may be selected from for the required.

Show Specific: everything relative to the title, including a show synopsis, pre-registration requirement, a breakdown of the ages and roles available, a template for the show program, graphics, a poster in pdf format for installations to complete and print, and a full-color publicity photo.

• Two performances, starring camp children, complete with scenery and costumes at the end of the chosen week.

C.1.5. CLIN 0003 - Shipping Expenses:

Shipping cost (for production equipment) is based on current rates and actual freight charges which are subject to change based on the current rates and date of shipment. The Contractor shall invoice for and will only be reimbursed for actual freight charges.

C.1.6. CLIN 0004-Travel Expenses.

The Contractor will be reimbursed for authorized travel made in association with the performance of this contract to include per diem, lodging, airfare, rental car and incidental expenses. Travel will be reimbursed per the guidelines as described in Section H-8.

C.1.7. PERIOD AND PLACE OF PERFORMANCE:

Base Year Period of Performance: Date of Award thru 31 December 2016 Option Year One: 01 January 2017 thru 31 December 2017 Option Year Two: 01 January 2018 thru 31 December 2018 Option Year Three: 01 January 2019 thru 31 December 2019 Option Year Four: 01 January 2020 thru 31 December 2020

CLIN 0001 and CLIN 0002: CONUS/OCONUS Theatre Camps.

12 months from date of signed contract. Specific dates and locations will be determined by CNIC Contracting Officer Representative (COR) and coordinated with contractor within 30 days of contract award.

C.1.8. GOVERNMENT FURNISHED PROPERTY:

CLIN 0001 and CLIN 0002-CONUS/OCONUS Theatre Camps.

Selected Navy CYP locations will provide the following for each performing arts camp week:

• Clearance onto the installations

• At least one (1) Navy CYP employee with a completed and favorable CNACI to supervise youth participants at all times the Contractor is interacting with youth (e.g.

audition, rehearsal, enrichment workshop, and performance).

• Private (one person per room), clean, comfortable, safe accommodations for the two Tour Actors/Directors for seven nights

• Piano and Accompanist

• Audition space

• Two rehearsal spaces

• Performance space/location

• Secure storage for camp supplies such as scenery, props, costumes

• Backstage space

• Two Dressing rooms

• Two 110 power sources

• Local transportation at OCONUS locations only. (Transportation during off-duty periods will be the responsibility of the contractor).

Logistical support and arrangement for participant’s attendance at the theatre production workshops.

(End of Section C)

PART I – SECTION F: DELIVERABLES OR PERFORMANCE

F-1: CLIN 0001- CONUS Theatre Camps:

For CONUS Installations, the Contractor is required to provide the personal information of all Tour Actors/Directors to include, but not limited to: Full Legal Name, Social Security No., Date of Birth, and a copy of a completed Criminal Background Check to the Installation POC at least 21 days prior to scheduled travel.

F-2: CLIN 0002- OCONUS Theatre Camps:

For OCONUS Installations, the Contractor is required to provide the personal information of all Tour Actors/Directors to include, but not limited to: Full Legal Name, Social Security No., Passport No., Date of Birth, and a copy of a completed Criminal Background Check to the Installation POC at least 30 days prior to scheduled travel.

(End of Section F)

PART I – SECTION G: CONTRACT ADMINISTRATION

G.1. SUBMIT MONTHLY INVOICES TO:

Commander Navy Installations Command Millington Detachment (N926) Attn: Brent A. Edwards 5720 Integrity Drive, Bldg. 457 Millington, TN 38055-6500 Phone: 503-453-9448 Email: brent.a.edwards@navy.mil

See Clause 12 Entitled: “INVOICES.”

The Contractor shall submit monthly invoices as services are complete.

G.2. FINAL PAYMENT:

Invoices for final payment must be so identified and submitted when at the end of the contract and no further charges are to be incurred along with a "release of claims" memo. The close-out invoice, or a written notification that final invoicing has been completed, must be submitted within 60 working days of contract completion. A copy of a Final Acceptance Completion Report must be attached to the final invoice. If the Contractor requires an extension to the contract, a request with supporting rationale must be received by the COR and the Contracting Officer a minimum of 60 days prior to the end of the contract.

G.3: ACCOUNTING CLASSIFICATION:

Non Appropriated Funding: Company Code: 6520 Cost Center: 5951 GL Account: 179200

(End of Section G)

PART I – SECTION H: SPECIAL CONTRACT REQUIREMENTS

H-1. APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE

(a) The Contracting Officer hereby designates the following individual as Contracting Officer Representative (s) (COR) for this contract:

CONTRACTING OFFICER REPRESENTATIVE (COR):

Mr. Brent A. Edwards Commander Navy Installations Command Millington Detachment (N926) 5720 Integrity Drive, Bldg. 457 Millington, TN 38055-6500 Telephone No.: 503-453-9448 Email: brent.a.edwards@navy.mil

(b) The COR will act as the Contracting Officer’s representative for technical matters, providing technical direction and discussion as necessary with respect to the specification or performance work statement, and monitoring the progress and quality of contractor performance. The COR is not an Administrative Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract, or to direct the accomplishment of effort which goes beyond the scope of the performance work statement in the contract.

(c) It is emphasized that only a Contracting officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the contracting officer in writing. No action shall be taken by the contractor under such direction unless the contracting officer has issued a contractual change or otherwise resolved the issue.

H-2. CONTRACT TECHNICAL ADVISOR (TA):

Ms. Diane Brewer Commander Navy Installations Command mailto:brent.a.edwards@navy.mil

Millington Detachment (N926)

5720 Integrity Drive, Bldg.457 Millington, TN 38055-6500 Telephone No.: 901-874-6702 Email: diane.brewer@navy.mil

H-3 SERVICE CONTRACT OF ACT Amended 18 Dec 2014.

Establishing a Minimum Wage for Contractors (Dec 2014)

a. This Contract is subject to Executive Order 13658, the regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order, and specifically to all the provisions set forth in Appendix A to 29 CFR part 10. The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, the applicable minimum wage per the Executive Order. Accordingly, Appendix A is listed in paragraph b. below. The Contractor shall include this clause, including this paragraph, in all subcontracts, regardless of dollar value, that are subject to Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act), and are to be performed in whole or in part in the United States. The full text of the final rule, to include the regulations and clause “Establishing a Minimum Wage for Contractors” at 29 CFR part 10, is available at:

http://www.gpo.gov/fdsys/pkg/FR-2014-10-07/pdf/2014-23533.pdf#page=89 .

b. Appendix A to 29 CFR Part 10—Contract Clause

(a) Executive Order 13658. This contract is subject to Executive Order 13658, the regulations issued by the Secretary of Labor in 29 CFR parts 10 pursuant to the Executive Order, and the following provisions.

(b) Minimum Wages.

(1) Each worker (as defined in 29 CFR 10.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the contractor and worker, shall be paid not less than the applicable minimum wage under Executive Order 13658.

(2) The minimum wage required to be paid to each worker performing work on or in connection with this contract between January 1, 2015 and December 31, 2015 shall be $10.10 per hour. The minimum wage shall be adjusted each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage.

Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all workers subject to the Executive Order beginning January 1 of the following year. If appropriate, the contracting officer, or other agency official overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor Web site). The applicable published minimum wage is incorporated by reference into this contract.

(3) The contractor shall pay unconditionally to each worker all wages due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 10.23), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Executive Order may not be of any duration longer than semimonthly.

(4) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the Executive Order minimum wage requirements. In the event of any violation of the minimum wage obligation of this clause, the contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages.

(5) If the commensurate wage rate paid to a worker on a covered contract whose wages are calculated pursuant to a special certificate issued under 29 U.S.C. 214(c), whether hourly or piece rate, is less than the Executive Order minimum wage, the contractor must pay the Executive Order minimum wage rate to achieve compliance with the Order. If the commensurate wage due under the certificate is greater than the Executive Order minimum wage, the contractor must pay the 14(c) worker the greater commensurate wage.

(c) Withholding. The agency head shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay workers the full amount of wages required by Executive Order 13658.

(d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to pay any worker all or part of the wages due under Executive Order 13658 or 29 CFR part 10, or a failure to comply with any other term or condition of Executive Order 13658 or 29 CFR part 10, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 10.52.

(e) The contractor may not discharge any part of its minimum wage obligation under Executive Order 13658 by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Act, the cash equivalent thereof.

(f) Nothing herein shall relieve the contractor of any other obligation under Federal, State or local law, or under contract, for the payment of a higher wage to any worker, nor shall a lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a contractor to pay less than $10.10 (or the minimum wage as established each January thereafter) to any worker.

(g) Payroll Records.

(1) The contractor shall make and maintain for three years records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each worker and shall make the records available for inspection and transcription by authorized representatives of the Wage and Hour Division of the U.S. Department of Labor:

(i) Name, address, and social security number.

(ii) The worker’s occupation(s) or classification(s)

(iii) The rate or rates of wages paid.

(iv) The number of daily and weekly hours worked by each worker.

(v) Any deductions made; and

(vi) Total wages paid.

(2) The contractor shall also make available a copy of the contract, as applicable, for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of 29 CFR part 10 and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of an authorized representative of the Department of Labor, or under its own action, shall take such action as may be necessary to cause suspension of any further payment or advance of funds until such time as the violations are discontinued.

(4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct investigations, including interviewing workers at the worksite during normal working hours.

(5) Nothing in this clause limits or otherwise modifies the contractor’s payroll and recordkeeping obligations, if any, under the Davis-Bacon Act, as amended, and its implementing regulations; the Service Contract Act, as amended, and its implementing regulations; the Fair Labor Standards Act, as amended, and its implementing regulations; or any other applicable law.

(h) The contractor (as defined in 29 CFR 10.2) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with this contract clause.

(i) Certification of Eligibility.

(1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a)(1).

(2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts.

(3) The penalty for making false statements is prescribed in the U.S.

Criminal Code, 18 U.S.C. 1001.

(j) Tipped employees. In paying wages to a tipped employee as defined in section 3(t) of the Fair Labor Standards Act, 29 U.S.C. 203(t), the contractor may take a partial credit against the wage payment obligation (tip credit) to the extent permitted under section 3(a) of Executive Order 13658. In order to take such a tip credit, the employee must receive an amount of tips at least equal to the amount of the credit taken; where the tipped employee does not receive sufficient tips to equal the amount of the tip credit the contractor must increase the cash wage paid for the workweek so that the amount of cash wage paid and the tips received by the employee equal the applicable minimum wage under Executive Order 13658.

To utilize this provision:

(1) The employer must inform the tipped employee in advance of the use of the tip credit;

(2) The employer must inform the tipped employee of the amount of cash wage that will be paid and the additional amount by which the employee’s wages will be considered increased on account of the tip credit;

(3) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); and

(4) The employer must be able to show by records that the tipped employee receives at least the applicable Executive Order minimum wage through the combination of direct wages and tip credit.

(k) Antiretaliation. It shall be unlawful for any person to discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to Executive Order 13658 or 29 CFR part 10, or has testified or is about to testify in any such proceeding.

(l) Disputes concerning labor standards. Disputes related to the application of Executive Order 13658 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 10. Disputes within the meaning of this contract clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the workers or their representatives.

(m) Notice. The contractor must notify all workers performing work on or in connection with a covered contract of the applicable minimum wage rate under the Executive Order. With respect to service employees on contracts covered by the Service Contract Act and laborers and mechanics on contracts covered by the Davis-Bacon Act, the contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers performing work on or in connection with a covered contract whose wages are governed by the FLSA, the contractor must post a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by workers.

Contractors that customarily post notices to workers electronically may post the notice electronically provided such electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

-End of Clause-

H-6. PROTECTION OF PERSONAL IDENTIFIABLE INFORMATION (PII).

The On-Line program offered must adhere to Department of Defense (DoD) mandates and best practices for securing and safeguarding Personally Identifiable Information (PII). PII policies are outlined in OMB-M-06-16 and are available from:

www.whitehouse.gov/omb/memoranda/fy2006/m06-16.pdf; OMB-M-06-19 is available from:

www.whitehouse.gov/omb/memoranda/fy2006/m06-19.pdf; and DOD instruction 8500.2. , which is available from: www.dtic.mil/whs/directives/corres/pdf850002p.pfd .

These mandates and best practices are included in the SECNAV Instruction 5211.5E or CNIC Instruction 5211.1 and are available from: http://doni.daps.dla.mil/Directives/ .../5211.5e, or review in the Department of the Navy Personally Identifiable Information (PII) training module at www.dcnc10.navy.mil/productsaspx.

The Online system is to include servers that must comply with DoDI 8500.2 which is available from: http://www.dtic.mil/whs/directives/corres/pdf/850002p.pdf .

With these responsibilities contractors should ensure that their employees: Safeguard DON information to which their employees have access at all times. Obtain DON management's written approval prior to taking any DON sensitive information away from the office. The DON manager's approval must identify the business necessity for removing such information from the DON facility.

H.7 SECTION 508 COMPLIANCE.

Section 508 is a part of the Rehabilitation Act of 1973 which requires that electronic and information technology (EIT) developed, procured, maintained, or used by the Federal government be accessible to people with disabilities. On August 7, 1998, the President signed into law the Workforce Investment Act of 1998, which includes the Rehabilitation Act Amendments of 1998. Section 508 was originally added to the Rehabilitation Act in 1986; the 1998 amendments significantly expand and strengthen the technology access requirements in Section 508.

Section 508 requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they shall ensure that the electronic and information technology allows Federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Offerors are required to self-certify that their products or services are in compliance with Section 508 technical standards. Therefore, the offeror is required to submit with its offer a designated area on its website that outlines the Voluntary Product Accessibility Template (VPAT) or equivalent qualification, which ultimately becomes the Government Product Accessibility Template (GPAT). The purpose of the VPAT is to assist Federal contracting officials and other buyers in making preliminary assessments regarding the availability of commercial EIT products and services with features that support accessibility.

The Offeror must comply with all required Federal or agency standards as specified in the scope of Work for each Task Order. Section 508, the Federal Information Technology Accessibility Initiative (36 CFR 1194), is incorporated into and made a part of this solicitation. Compliance with the applicable Section 508 standards is a material requirement of this solicitation.

All EIT deliverables resulting from task orders placed against this solicitation, inclusive of electronic documents, must meet all minimum accessibility requirements as well as Section 508 technical standards at a minimum. The offeror must reference the Section 508 technical standards below as a resource for meeting compliance of deliverables:

1194.21 Software applications and operating systems

1194.22 Web-based Intranet and Internet Information and Applications

1194.23 Telecommunications Products

1194.24 Video and multimedia products

1194.25 Self-contained, closed products

1194.26 Desktop and portable computers

1194.31 Functional Performance Criteria

1194.41 Information, Documentation and Support

World Wide Web Consortium (W3C) www.w3c.org

H-8. TRAVEL EXPENSES (CLIN 0004).

A requirement exists for the Contract to travel to U.S. Navy installations worldwide. The contractor will be reimbursed for authorized travel made in association with the performance of this contract to include per diem, lodging, airfare, rental car and incidental expenses. Travel cost will be reimbursed per the following guidelines:

a. The contractor shall submit itemized receipts for commercial transportation, lodging, rental car, fuel, personal vehicle mileage, parking, and incidental expenses on a monthly basis with the monthly invoice. Food/meal receipts are not required.

b. A fee for profit on travel cost and per diem is NOT authorized.

c. Commercial transportation is ONLY authorized at the restricted fare rate not to exceed regular coach rate. Baggage fees are reimbursable up to two (2) bags per authorized traveler. Fees for excess baggage weight are non-reimbursable.

d. Per Diem and incidental expense rate shall be reimbursed as follows:

1.) in accordance with DoD published rates for geographic area of travel, which can be found at http://www.defensetravel.dod.mil/site/perdiemCalc.cfm. Per Diem consists of local meals and incidentals.

2.) at the rate of 75% of published rate for geographic area of travel for the first and last day of travel, and 100% of published rate for remaining travel days.

e. Every attempt should be made to utilize Navy Gateway Inns and Suites for lodging if practical and available. Lodging cost will be reimbursed at the actual expense rate, to include fees and taxes.

Contact the Contracting Officer or Contracting Officer Representative for reimbursement clarification if required prior to travel.

(End of Section H)

PART II, SECTION I – CONTRACT CLAUSES

NONAPPROPIATED FUND CONTRACT CLAUSES

TABLE OF CONTENTS

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

NONAPPROPRIATED FUND CONTRACT CLAUSES

TABLE OF CONTENTS (Continued)

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

(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 PRICEECTION 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 exceeds $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…