17-R-0034_Electr_Bingo_Services.pdf

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

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGE

1 47

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED 6. REQUISITION/PURCHASE

NUMBER

HDQMWR-17-R-0034 July 14, 2017

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

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 Section L until 3:00PM local time 08/14/2017 (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

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 15-22

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 5-8 X J LIST OF ATTACHMENTS 22-29

D PACKAGING AND MARKING - PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 9 X

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 30-32 X F DELIVERIES OR PERFORMANCE 9-10

X G CONTRACT ADMINISTRATION DATA 10-12 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 33-44

X H SPECIAL CONTRACT REQUIREMENTS 12-14 X M EVALUATION FACTORS FOR AWARD 45-47

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-1

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) ( ) See Section G-1

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

See Section G-1

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-17-R-0034

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. The NAFI has a requirement to provide the supplies and services necessary to operate and maintain electronic bingo game systems at a wide variety of MWR facilities located worldwide on Navy installations within nine CNIC Regions defined herein.

B-2. TYPE OF CONTRACT: It is anticipated as a result of this solicitation multiple revenue generating requirements contracts will be awarded. Each anticipated contract is to be issued with a Base Period of three (3) years with 2 One (1) year option periods applicable to CLIN 0001(to include 0001a, 0001b and 0001c). Only the NAF Ordering Officers, acting within the limit(s) of their warrants (s) will place Delivery Orders against a contract (reference Clause I.25 “Ordering”). Each written delivery order will identify the CLIN, estimated quantity and the performance location(s).

B-3. SUPPLIES AND SERVICES PRICES/COSTS SCHEDULE: Offeror is to fill in the proposed pricing table below.

B-4. AWARD: Upon award of contract, Sections K, L, and M of the solicitation, and the Contractor’s proposal (including any revisions accepted by CNIC) will be incorporated by reference subject to Clause 16, Order of Precedence. The contractor’s approved and accepted proposal shall be appended hereto, and the terms and conditions shall be made a part of this contract requirement. Any inconsistencies between this Performance Work Statement and the Contractor’s Proposal shall be resolved in the favor of this Performance Work Statement and shall take precedence in determining the roles, responsibilities, duties, and deliverables under this contract.

B-5. Proposals must separately identify for each CLIN the CNIC Region or Regions proposed.

Offerors are free to propose on any one or more of the CNIC Regions for each CLIN. Offerors also are free to propose the same or a different revenue-sharing fee for each CNIC Region for which they wish to submit a proposal.

BASE PERIOD (Three Year Period of Performance) OPTION YEAR ONE (One Year Period of Performance) OPTION YEAR TWO (One Year Period of Performance)

B.6 ORDER OF PRECEDENCE: In the event of a conflict or inconsistency in connection with a contract that is the result of this solicitation, and the Contractor’s proposal, precedence shall be given the following order:

a. The provisions of the contract issued in connection with the solicitation including all amendments or other modifications issued herewith.

b. The content of the Contractor’s proposal, including any proposal revisions.

BASE PERIOD (TBD upon award of Contract – Three Year Period of Performance)

CLIN DESCRIPTION QTY UI

PRICE

CNIC

REGION

Contractor Revenue

Sharing Fee Percentage

NAFI

Revenue

Sharing Fee Percentage

Contractor/NAFI Revenue Sharing Fee Percentage for Base Period

YR

Mid- Atlantic

SouthEast SouthWest NorthWest

Hawaii Japan Korea

Europe

NDW

0001.a. • Equipment 1 lot NSP -- -- --

0001.b. • Reporting requirements 1 lot NSP -- -- -- 0001.c. • Quality Assurance program 1 lot NSP -- -- --

NSP – not separately priced

OPTION PERIOD ONE (One Year Period of Performance)

Contractor Revenue

Sharing Fee Percentage

NAFI

Revenue

Atlantic

SouthEast SouthWest NorthWest

Hawaii Japan Korea

Europe

NDW

1001.a. • Equipment 1 lot NSP -- -- -- 1001.b. • Reporting requirements 1 lot NSP -- -- -- 1001.c. • Quality Assurance program 1 lot NSP -- -- --

OPTION YEAR TWO (One Year Period of Performance)

Contractor Revenue

Sharing Fee Percentage

NAFI

Revenue

Atlantic

SouthEast SouthWest NorthWest

Hawaii Japan Korea

Europe

NDW

2001.a. • Equipment 1 lot NSP -- -- --

2001.b. • Reporting requirements 1 lot NSP -- -- -- 2001.c. • Quality Assurance program 1 lot NSP -- -- --

****Note: This Request for Proposal (RFP) is issued by the Commander, Navy Installation Command Nonappropriated Fund Facility and Acquisition Office. All requirements, solicitations, and subsequent contracts, if any, awarded through NAFI are funded wholly with Nonappropriated Funds (NAF).

(End of Section B)

PART I, SECTION C: DESCRIPTION/SPECS/WORK STATEMENT

PERFORMANCE WORK STATEMENT

C-1. DEFINITIONS. Various terms used in this RFP are defined, as follows:

a. Bingo. Bingo as defined by Navy MWR means “The game of chance (whether or not electronic, computer, or involving other technologic aids used in connection therewith) which is played for prizes, including monetary prizes, in which the holder of a game card covers numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined, and with game cards bearing numbers or other designations in which the game is won by the first person covering a designated arrangement(s) of numbers or pattern(s) on the game card.

b. CNIC Region. Note: for the purposes of this contract, CNIC Joint Region Marianas (Guam) has been combined with Hawaii Region; CNIC Regional Coordinator Singapore has been combined with Region Japan; and CNIC Region Europe, Africa and Southwest Asia (EURAFSWA) is referred to as Region Europe.

(1) Mid-Atlantic (to include Navy installations in Maine, New Hampshire, Connecticut, New York, New Jersey, Pennsylvania, Illinois, Indiana, Delaware, Virginia, and West Virginia)

(2) SouthEast (to include installations in Florida, Georgia, Alabama, Mississippi, Texas, Louisiana, Tennessee and Cuba)

(3) SouthWest (to include installations in California and Nevada)

(4) NorthWest (to include installations in Washington and Oregon)

(5) Hawaii (to include installations in Hawaii and Guam and Northern Mariana Islands)

(6) Japan (to include installations in Japan, Okinawa, Diego Garcia, Singapore and

Australia)

(7) Korea Chinhae

(8) Europe (to include installations in Spain, Italy, Greece, Bahrain, Africa)

(9) NDW (Naval District Washington, to include installations in Washington, DC, Maryland, and Dahlgren, VA)

c. Multiple Award contracts. Award of separate (partial) contracts to two or more offerors for the same item, where the award of a single contract would be impractical or impossible.

d. MWR Facility. The number and type of MWR facilities located at a particular Navy installation varies from very few to as many as six or more at large bases/ports. It is anticipated that each Navy installation may consider making electronic bingo equipment available at locations such as: bowling centers, Enlisted clubs, Chief Petty Officer clubs, Officer clubs, Navy Gateway Inns & Suites, marinas, recreation areas, and others.

e. Navy Installation. A Navy base location within a CNIC Region

f. NAFI. Non-Appropriated Funds Instrumentality

g. NSP – not separately priced http://www.businessdictionary.com/definition/award.html http://www.investorwords.com/10549/partial.html http://www.businessdictionary.com/definition/contract.html http://www.investorwords.com/10993/same.html http://www.investorwords.com/4584/single.html

h. Requirements contract. A requirements contract is an indefinite delivery type contract that commits the NAFI to no specific quantity, but commits the NAFI to exclusive use of the contractor as the provider or supplier for the needs outlined in the contract for the term of the contract. Actual needs are set forth in delivery orders that specify the amount, location and time of delivery.

i. Revenue Sharing Fee. Revenue collected to recover costs and operational expenses incurred by the MWR and Contractor. The contract offers a MWR-Contractor split of earnings after payout of winnings

C-2. TASK/TITLE: This is a non-personal services contract to provide Electronically Linked

Bingo Systems at a wide variety of MWR facilities located worldwide on Navy installations within CNIC Regions. This contract will be a centrally managed by the Facilities & Acquisition Branch of the Fleet & Family Readiness Support Services, Millington, TN.

C-3. BACKGROUND: Electronic Bingo has been offered at Navy MWR facilities for many years. In order to ensure uniformity and controls in game operations and that the electronic bingo game in play does not constitute prohibited gambling, a centrally managed contract will ensure all MWR facilities are operating electronic bingo within the Navy MWR definition of the game of bingo. The CNIC Regions and Navy Installations will determine which MWR facilities participate in electronic bingo within each CNIC Region.

C-4. OBJECTIVES: Offer electronic bingo in multiple MWR facilities aboard Navy installations using electronic ball selection to conduct the game of bingo; and simultaneously network games in play to multiple MWR facilities within the Navy installation and to multiple Navy installations within a defined CNIC region. One contract award per CNIC Region is contemplated to the Offeror whose proposal is most advantageous to Navy MWR, price and other factors considered. This may result in multiple awards under this RFP, but may also result in a single award encompassing more than one CNIC Region. There will be only one vendor selected by each region. There will be no other form of electronic bingo authorized. The existing units will be removed as the new system comes online and the contracts expire It is anticipated, particularly at large Navy installations, with numerous MWR facilities, that numerous active electronic bingo games may be in play at any one time.

Both paper and electronic bingo may be played on installations within the United States, its territories, and possessions that are fully ceded to the U.S. Government, and on those installations that are not fully ceded where playing bingo is allowed within the local civil jurisdiction, State, territory, or possession. Bingo may be played at installations in foreign areas when not prohibited by host-country laws or agreements. The issue of legality is a subject for our General Counsel. Review of the states in which we have activities has not shown an issue.

C-5. NAFI ESTIMATE: It is estimated this contract will generate Navy-wide gross revenue

$10 M, and net revenue (after winnings and operating expenses) of $2M per year.

C-6. TECHNICAL REQUIREMENTS: Provide an electronic bingo system to include the following:

a. Game minimum of two players.

b. Each game shall be identified by a number for audit purposes and provide the following:

• the number of players,

• the amount paid into each game by the participants of the game,

• the amount paid to the winner of each game

i. For payments of winners playing a “game within a game”, the listing shall be game number with a letter designating which “game with a game” (I.e. Game 4715 120 players, $360 Total Paid In, Game 4715A Four corners -$25 Winner T. Jones, Dahlgren, Game 4715B Cover All - $100 Winner J Smith, Anacostia Bolling

c. Provide a comprehensive audit trail at the facility level, installation level, and regional level. The frequency of games may be limited by the region. Each Region will determine the time between games.

d. The games may have multiple winners (“Game within a Game”) with an award for the first person to achieve an easier pattern (IE: four corners) and another award for the first person covering all numbers.

e. The system shall operate to return a minimum of 80-90 percent of all fees back to the participants as awards. If some revenue is held for a progressive, that will count toward the 80%.

The system shall Link geographically isolated participants in a network to allow simultaneous participation (Players in a facility are linked to a central facility server;

facilities networked to an installation server; and installations networked to a central region server). The server may be virtual and all units must be part of the regional network.

Joining a game in progress is not allowed. The game is played per traditional bingo.

Players in a game play until there is a winner. As in traditional bingo, the game must be closed at some point with a winner. A person coming up half an hour after a prize has been awarded claiming they “missed” a bingo would be problematic. The system is the vendor’s design. It should operate on the same rules as traditional bingo. Bingo claims are made before the selection of the next number in most locations.

Traditionally, the winning number has to be the last number called.

When considering multiple linked games being conducted at the same time keep in mind, logistically, it will be more difficult to manage a system with multiple games occurring simultaneously.

f. Audit paths shall be clearly marked and performance levels monitored at every level.

At the facility level, the reports shall show the number of units used, the fees charged for the participation, the awards paid from the participants during the reported period, the games played during reported period.

g. The contractor shall coordinate with the COR to decide on the number of units to place in each facility. The COR shall have final approval on the number of units.

The contractor shall provide adequate operator training (virtual or manual) to each activity to ensure they are capable of operating the games as recommended.

C-7. QUALITY ASSURANCE (QA). The Contractor shall administer a quality assurance program and shall provide examples of its successful application (e.g., satisfied customer comments/recommendations) upon request.

C-8. REPORTING REQUIREMENTS:

a. Daily Activity Report: listing the games played (designated by consecutive number), the number of players paying and participating in the location, the winner(s) of each game, the amount won in each game and the amount of residual income from each game. The contractor supplied point of sale system must also generate an Activity Monthly Reconciliation Report from each MWR activity, combining into an Installation Monthly Reconciliation Report for each Navy installation, and the sum of all Navy installations must build into a CNIC Region Monthly Reconciliation Report, compiling the same data reported from the Daily Activity Reports. Each report shall be forwarded via email to the Contractor and to the COR each month. This report will be the basis for reconciliation of the Cost Sharing Fee revenue, which shall be submitted within thirty (30) calendar days following the last day of the previous month, at no cost to the MWR activity. The Reconciliation Report and Cost Sharing Revenue will be subject to periodic review by the Contracting Officer (or their designee) and/or the U.S. Navy Audit Agency.

b. Quarterly Progress Report (QPR): The contractor shall ensure that a QPR is submitted to the COR outlining the billings, progress, status, and any problems/issues encountered in the performance of the contract requirements.

(End of Section C)

PART I, SECTION E – INSPECTION AND ACCEPTANCE

E-1 INSPECTION OF SERVICES

(a) The Contractor shall provide and maintain an inspection system acceptable to the NAFI covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the NAFI during contract performance and for as long afterwards as the contract requires.

(b) The NAFI has the right to inspect and test all services called for by the contract, to the extent practicable and tests in a manner that will not unduly delay the work.

(c) If the NAFI performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(d) If any of the services do not conform to contract requirements, the NAFI may –

1. Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

2. Require the contractor to respond in written form, how they anticipate correcting the reduced value of the services performed.

(e) If the Contractor fails to promptly take the necessary action to ensure future performance in conformity with contract requirement, the NAFI may terminate the contract for default.

(End of Section E)

PART I, SECTION F – DELIVERIES

F-1 DELIVERIES OR PERFORMANCE

a. Contract Period. The term of this contract is for a Three Year Base Period with Two

(2) One-Year Option Periods.

b. Transition. At the end of any contract period, if the option period is not exercised or all option periods have been exercised, Contractor may be requested to honor the terms of the contract up to six (6) months after contract ending date at the request of the Contracting Officer under the Extension of Services clause (Section I). The Revenue Sharing Formula is still required during the transition period.

F-2 DELIVERABLES:

a. Each designated facility shall have hand held electronic bingo cards in a quantity determined by the contractor and the COR.

b. Each facility shall have a point of sale system with cash drawer, sales terminal, sales software and operating software to play the game of bingo.

c. Each facility shall be networked to a server provided by the contractor maintaining the usage information for the facility, the installation, and the region.

d. The hardware shall be kept clean by the MWR Facility in accordance with the instructions of the contractor.

e. The hardware and software shall be maintained by the contractor.

f. Contractor shall respond to calls for assistance within 24 hours and complete action for repair or replacement of defective equipment within twenty-four hours.

g. The sales shall be conducted by the MWR Facility, fees will be collected and prizes disbursed by MWR.

(End of Section F)

PART I, SECTION G – CONTRACT ADMINISTRATION

G.1 INVOICES:

Monthly invoices will be paid by the respective regional or installation’s finance office as indicated on individual Delivery Orders.

G.2 PAYMENT FOR SERVICES

The NAFI will collect all game fees directly from the patrons. The contractor shall invoice each region monthly based on the amounts collected minus prize payouts and amounts accumulated for progressive prize payouts.

G.3 USE OF CONTRACT BY OTHER FEDERAL ENTITIES (NOV 09)

a. Federal statute and DoD procurement policy encourage DoD NAFIs to enter into contracts or other agreements with other Federal Government entities, where it is advantageous to do

so. It is solely within the discretion of each entity to decide whether or not to participate.

b. This is a non-appropriated fund (NAF) contract.

c. The prices, costs, rates, commissions/fees, terms, conditions, and any other contract provision are non-negotiable absent modification, change, or amendment by an authorized Contracting Officer of the NAFI that issued this contract.

d. Any dispute and/or claim shall be submitted to the NAF Contracting Officer that issued this contract for any required adjudication. Any issue between an ordering entity (other than the NAFI that issued this contract) and the Contractor, which cannot be resolved without formal action by the Contracting Officer (e.g., delivery/task order, modification, final decision letter, termination action, etc.), will be referred to the Contracting Officer of the NAFI that issued this contract for action. Any issue that appears to require formal contract action, and/or is a potential dispute or claim, will be brought to the attention of the Contracting Officer of the NAFI that issued this contract.

e. The Contractor shall perform the contract requirements in accordance with this Contract regardless of which entity places an order against this contract. The terms and conditions of this contract shall apply to all performance under this contract, without regard to ordering entity, delivery, or performance site, location, or facility.

f. If the Contractor cannot fulfill a delivery/task order, regardless of reason, the Contractor shall immediately advise the ordering entity. Generally, such notice shall be provided within one business day of the date and time the Contractor is aware (or should have been aware) the order could not be fulfilled.

g. The sites, locations, or facilities identified herein as being required in this contract are not all inclusive of the number of sites, locations, or facilities that may be added in the future;

however, this contract does not create a right of first refusal and does not require, guarantee, or imply the addition of any sites, locations, or facilities to this contract. Additional sites, locations, or facilities identified in a delivery/task order that are not listed in the contract will be added to the contract by Contract Modification by an authorized Contracting Officer of the NAFI that issued this contract.

h. No additional quantities are guaranteed or implied as a result of this clause.

i. Other Federal entities authorized to place delivery/task orders against this contract include:

• U.S. Army Family and Morale, Welfare, and Recreation (FMWRC)

• Air Force Non-appropriated Fund Purchasing Office (AFNAFPO)

• U.S. Marine Corps Personal and Family Readiness Division (MR) and

• Marine Corps Community Services (MCCS)

• Commander, Navy Installations Command (CNIC), Fleet and Family Readiness (F&FR)

j. More favorable prices, costs, rates, commissions, fees, terms, and conditions than reflected in this contract may be offered by the Contractor to the various ordering entities and/or negotiated by the ordering entities based upon economic factors that support such mutually agreed to arrangements, provided that:

(1) Any such agreement is made in writing.

(2) A complete copy of any such agreement is given to the Contracting Officer of the

NAFI that issued the contract, prior to performance.

k. The NAFI that issued this contract is not responsible or liable for payment related to delivery/task orders issued by another entity. The entity that issues a delivery/task order is solely responsible for payment in accordance with applicable Federal laws. Each delivery/task order issued will include:

(1) Contract number against which order is placed.

(2) Location where delivery/performance will take place and required delivery/performance date(s).

(3) Complete contact information for both the ordering entity and any other POC the Contractor may need to complete the order.

(4) Invoicing and payment instructions and/or procedures for remitting commission/license fee payments to the ordering entity.

l. On a quarterly basis (15 Jan, 15 Apr, 15 Jul, 15 Oct), unless a different reporting requirement is specified elsewhere in this contract, the Contractor shall provide the Contracting Officer with a written report recapping all performance for all entities that have placed orders during the preceding quarter. (UCOFE)

(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’s Representative(s) (COR) for this contract:

Ron Rossman, CNIC Bingo Program Manager 5720 Integrity Drive Lassen Building 457 Millington, TN 38055-6500 Tel: 901 874-5636 E-mail: ron.rossman@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.

(d) The TA will provide technical assistance and support to the COR in administration of the contract. The TA may assist the COR in executing assigned inspection and monitoring duties; however may not provide any technical direction or clarification directly to the contractor. Any technical direction or clarification should be brought to the attention of the COR for appropriate action.

(e) 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 OPEN SEASON PROCEDURES

If the Navy CNIC, Facilities and Acquisition Branch (N944) determines that it would be in the NAFI's best interest to open a new solicitation to add new contractors to the Contract, the Contracting Officer may do so at any time provided that:

(a) The solicitation is issued under then-applicable NAFI procurement procedures;

(b) The solicitation identifies the total approximate number of new awards that the Contracting Officer intends to make. The contracting officer may decide to award more or fewer Contracts than the number anticipated in the solicitation depending upon the overall quality of the offers received;

(c) Any Contractor that meets the eligibility requirements set forth in the new solicitation submits a proposal in response to the solicitation; however, existing Contractors may not hold more than one Basic Contract at any time;

(d) The award decision under any solicitation is based upon substantially the same evaluation factors/sub-factors as the original solicitation;

(e) The terms and conditions of any resulting awards from a new solicitation are materially identical to the existing version of the Basic Contract;

(f) The term for any such new awards from a solicitation is co-terminus with the existing term for all other Contractors, including the option period (if applicable);

(g) If awarded a contract, any new Contractor is eligible to submit a proposal in response to any task order requests (TOR) and receive Order awards with the same rights and obligations as any other Contractor; and

(h) The award of any new Contract(s) does not increase the overall ceiling of the Basic Contract.

H-3 DEFENSE BIOMETRIC IDENTIFICATION SYSTEM

Defense Biometric Identification System increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

If you currently have a Navy Commercial Access Control System (NCACS) card (used with Rapidgate), the following is required to get a DBIDS credential:

• Present your NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the base Visitor Control Center representative.

• The VCC will pull up your information in the computer, ensuring all information is current and correct.

• Once your information is validated, a temporary DBIDS credential is provided.

• Your temporary credential will have an expiration date, prior to which you will need to obtain your permanent DBIDS credential (~ 90 days).

• For each additional U.S. Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center.

• The representative will enter base access authorization and then you may proceed to work.

If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential:

• Present a letter or official document from my government sponsoring organization that provides the purpose for your access.

• Present valid identification, such as a passport or Real ID Act-compliant state driver's license.

• Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

• Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you will be provided with your new DBIDS credential.

• You may now proceed to work.

FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT THE

COR OF THIS CONTRACT

(End of Section H)

PART II, SECTION I, CONTRACT CLAUSES

NONAPPROPRIATED 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

(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

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. Regional Monthly Reconciliation Report showing the amounts paid in, the amount paid out, the residual income, the split of the residual income.

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. “PROTEST OF AWARD” 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 the Commander, Navy Installations Command (CNIC). The procedures for filing protests may be found in chapter 2, paragraph 223.