19-R-0012_Functional_Assessment_Training.pdf

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

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGE

1 43

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

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED 6. REQUISITION/PURCHASE

NUMBER

HDQMWR-19-R-0012 14MAR2019

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

COMMANDER, NAVY INSTALLATIONS COMMAND

NAF ACQUISITIONS BRANCH N945

716 SICARD ST. BLDG 111 STE 1000

WASHINGTON, DC 20374

POC: CHRISTOPHER SAUNDERS, 202-433-9158

CHRISTOPHER.SAUNDERS@NAVY.MIL

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

SOLICITATION

9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in until 1600 local time 4/12/2019 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 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

CHRISTOPHER SAUNDERS

AREA CODE NUMBER EXT.

christopher.saunders@navy.mil 202 433-9158

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 18-26

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 4-10 X J LIST OF ATTACHMENTS 26

D PACKAGING AND MARKING 10 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 10 X

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 27-29 X F DELIVERIES OR PERFORMANCE 10

X G CONTRACT ADMINISTRATION DATA 10-11 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 30-38

X H SPECIAL CONTRACT REQUIREMENTS 11-17 X M EVALUATION FACTORS FOR AWARD 39-43

OFFER (Must be fully completed by offeror)

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. 17) NET 30

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

NON APPROPRIATED FUNDS

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 BLOCK 7

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

See Section G

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

CHRISTOPHER SAUNDERS

(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) mailto:christopher.saunders@navy.mil

HDQMWR-19-R-0012

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 that this solicitation is to be awarded as a An Indefinite Delivery Indefinite Quantity Firm-Fixed Price type contract with a Base Year of One (1) year with Four (4) One Year option years.

B-3 SUPPLIES AND/OR SERVICES PRICE/COST SCHEDULE: Offeror is to fill in the proposed pricing table below. The Government anticipates services from the below list of CLINS that will be utilized for responding to anticipated task orders based on the scope of the contract.

B-4 AWARD: Upon award of contract, Sections K, L, and M of the solicitation will be removed, and the Contractor’s technical proposal, including any revisions will be incorporated by reference and fully enforceable as part of the contract subject to Clause 16, Order of Precedence.

BASE YEAR

CLIN DESCRIPTION QTY UI UNIT COST EXTENSION

Functional Assessment/Screening - onsite instructor training including lecture and workshops

5 EA

0001a Foundational FAST 5 EA 0001b Advanced FAST 5 EA

Master Trainer Program Training - Master Trainer Program 1 EA

0002a Introductory Master FAST 1 EA 0002b Advanced Master FAST 1 EA 0003 Instructor travel will be reimbursed IAW H-2 6 EA

OPTION PERIOD 1

CLIN DESCRIPTION QTY UI UNIT COST EXTENSION

Functional Assessment/Screening - onsite instructor training including lecture and

1001a Foundational FAST 5 EA 1001b Advanced FAST 5 EA

Master Trainer Program Training - Master Trainer Program 1 EA

1002a Foundational Master FAST 1 EA 1002b Advanced Master FAST 1 EA 1003 Instructor travel will be reimbursed IAW H-2 6 EA

OPTION PERIOD 2

CLIN DESCRIPTION QTY UI UNIT COST EXTENSION

Functional Assessment/Screening - onsite instructor training including lecture and

2001a Foundational FAST 5 EA 2001b Advanced FAST 5 EA

Master Trainer Program Training - Master Trainer Program 1 EA

2002a Foundational Master FAST 1 EA 2002b Advanced Master FAST 1 EA

Instructor travel will be reimbursed IAW

H-2 6 EA

OPTION PERIOD 3

Functional Assessment/Screening - onsite instructor training including lecture and

3001a Foundational FAST 5 EA 3001b Advanced FAST 5 EA

Master Trainer Program Training - Master Trainer Program 1 EA

3002a Foundational Master FAST 1 EA 3002b Advanced Master FAST 1 EA

Instructor travel will be reimbursed IAW

H-2 6 EA

OPTION PERIOD 4

Functional Assessment/Screening -onsite instructor training including lecture and workshops 5

EA

4001a Foundational FAST 5 EA 4001b Advanced FAST 5 EA

Master Trainer Program Training - Master Trainer Program 1 EA

4002a Foundational Master FAST 1 EA 4002b Advanced Master FAST 1 EA

Instructor travel will be reimbursed

IAW H-2 6 EA

Base Year & All Option Years Total Estimated Price $ ______________

(END OF SECTION B)

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

PERFORMANCE WORK STATEMENT

C-1. INTRODUCTION: This is a procurement of the Commander, Navy Installations Command (CNIC) Morale, Welfare, and Recreation (MWR) Non Appropriated Funds Instrumentality (NAFI), hereinafter referred to as “NAFI” to provide a standardized Fitness Assessment/Screening Tool (FAST) to improve the physical readiness of the U.S. Navy.

C-2. SCOPE: Commander, Navy Installations Command (CNIC) Fleet and Family Readiness, Navy Fitness (N92) requires a contractor that will provide training tat assess movement literacy to both staff and the Navy end user and provide functional fitness assessment/screening certification. The contractor shall provide fitness assessments/screening protocols certifications that assess movement literacy and capacities.

The contractor must be a recognized continuing education provider by organizations with certifications through the National Commission for Certifying Agencies (NCCA). Navy FFR Fitness has determined that compliance with these standards are necessary help ensure the health, welfare, and safety of the Navy warfighter and the continuing competency of training staff. As MWR personnel complete the training, the contractor shall assure that such individuals will earn Continued Education Units (CEUs) from an accredited training program and earn a nationally recognized certification.

C-3. BACKGROUND: Navy MWR Fitness program delivers fitness opportunities with an emphasis on human performance and injury prevention strategies. Currently, musculosketal injuries are the leading cause of morbidity, impacting operational readiness. The goal of the fitness program is to improve the readiness of the Sailor through fitness physical readiness assessments/screening and exercise prescription. A standardized assessment/screening tool would further result in a safe training environment while yielding positive human performance outcomes. A standardized assessment/screening protocol would allow MWR fitness professionals to assess inefficient movement patterns that may increase risk of physical injury. The Navy MWR Fitness program strives to advance training resources to the deck plate.

C-4. MAIN TASK ORDER OBJECTIVES.

C.4.1 Task 1 Onsite Instructor Training:

To include an in-person, instructor-led certification course should be divided into two certifications, each certification shall have 2 levels; foundational and advanced with each having a practical application component. Introductory course shall be 2 days maximum, and advanced course shall be 3 days. All instructor led education and practical application components should take place within a 40-hour work week (Monday-Friday).

The pre-established assessment/screening should include:

a. Approximately seven (7) movement patterns test.

b. The test should assess symmetrical stance, double-to-single leg stance, split stance, upper-limb, lower-limb, reactive sagittal plane stability and reactive tri-planar stability movement patterns at a minimum.

c. Assessment/screening shall be conducted in a 5-foot by 5-foot area

d. Foundational certification may be delivered through an online platform.

The foundational certification should provide Navy fitness professionals with the tools to:

a. Recognize movement patterns that support the task of Service members.

b. Understand the relation these movement patterns have on the Service member’s goals and tasks.

c. Identify the principles that support the importance of ideal movement patterns.

d. Educate on the role of mobility, motor control and functional patterns in foundational movement.

e. Fully demonstrate and explain the use of assessment/screen.

f. Develop programming using the certification knowledge to improve the movement patterns of Service members.

g. Educate Service members on the purpose and application of corrective exercise based on the assessment/screening results.

The pre-established assessment/screening should include test that would assess a Service member’s ability to perform task that require crawling, climbing, lifting, pushing, pulling, movement control and explosive control.

The advanced certification shall provide Navy fitness professionals with the tools to:

a. Recognize movement patterns based on the foundational assessment/screening.

b. Learn the difference between dysfunction and deficiency as it relates to movements performed by Service members.

c. Ability to assess basic performance capacities of Service members.

d. Fully demonstrate and explain the use of performance capacity assessment/screening.

e. Develop programming using the certification knowledge to improve the performance of

Service members.

f. Educate Service members on the purpose and application of corrective exercise based on the assessment/screening results.

• Foundational certification maybe delivered through an online platform.

• All related training materials and resources will be included respective task (i.e.

handouts, testing scoresheets, presentation guides).

• In-person training will occur aboard a military installation.

• Locations may be CONUS and OCONUS.

• Instructor(s) must be able to educate classes of up to 25 or 50 MWR fitness professionals.

• All in-person certification requirements will occur over a maximum of five (5) days.

• Contractor will provide all training material and resources (i.e. training manuals).

• The contractor will make all online assessment/screening tools available to MWR fitness professionals upon successfully completion of the course. Online test shall have 2 or 3 opportunities to for a passing grade

• The certification course(s) will provide continuing education units for agencies accepted by the Department of Defense (DoD), Morale, Welfare and Recreation (MWR) Fitness Standards.

C.4.2. Task 2 Master Trainer Program: The contractor shall deliver a certification course so that MWR fitness professionals whom complete the Master Trainer Program can deliver the foundational and/or advanced certifications outlined in Task 1. This training should include detailed lecture, hands-on workshops, reviewing the components required to facilitate the certifications in task 1. Upon completion of this training, the MWR fitness professional should be able to deliver the certification courses in task 1. Navy MWR Should have the ability to award certifications at Level 1 and Level 2 for Task 1 Onsite Instructor Training. The contractor must be a recognized continuing education provider by organizations with certifications through the National Commission for Certifying Agencies. The contractor should sponsor or have authority to provide certification after course completion.

• All related training materials and resources will be included the task.

• Contractor will provide all training material and resources (i.e. training manuals, handouts, presentations) in order to provide the assessment/screening certification course(s).

• The contractor will make all online instructor assessment/screening tools available to MWR fitness professionals upon successfully completion of the course.

C-5. APPLICABLE DOCUMENTS AND REFERENCES.

NSCA - The Journal of Strength and Conditioning Research NSCA - Strength and Conditioning Journal NSCA - TSAC Report ACSM - Medicine & Science in Sports & Exercise ACSM - ACSM's Health & Fitness Journal NSCA - Essentials of Strength Training, 4ed NSCA - Exercise Technique Manual, 3ed, Product code:9781492506928 NSCA's "Guide To" Series Bundle - Product Code: 2918084 NASM - NASM Essentials of Personal Fitness Training by National Academy of Sports Medicine (NASM) NASM Essentials of Corrective Exercise Training: First Edition Revised 1st Edition by National Academy of Sports Medicine (NASM) Journal of Orthopedic & Sports Physical Therapy Physical Therapy Journal

C-6. TASK REQUIREMENTS

The task requirements are to develop specific and comprehensive fitness programs that are delivered by trained MWR fitness professionals. This will include program design, training design and staff training.

C-7. DELIVERABLES AND ACCEPTANCE

Task 1 Deliverables:

1. Movement Test scope and details (non proprietary).

2. Course Materials: As identified in the technical proposal and incorporated into the PWS.

3. Certification of the students whom have completed the test and Passed

Task 2 Deliverables:

1. Course Materials: As identified in the technical proposal and incorporated into the PWS.

2. Certification of the students whom have completed the test and Passed

C-8. QUALITY CONTROL AND CONFLICTS OF INTEREST

All deliverables shall not include contractor proprietary information.

C-9. PERFORMANCE CRITERIA

Operational Hours. The normal duty schedule is between the hours of 0800 - 1700. The duty schedule is subject to change based on government requirements.

C-9.1. Federal Holidays - The U.S. Government recognizes the following Legal

Holidays established by Federal Statute:

• New Year’s Day – January 1

• Martin Luther King Jr. Day – Third Monday in January

• President’s Day – Third Monday in February

• Memorial Day – Last Monday in May

• Independence Day – July 4

• Labor Day – First Monday in September

• Columbus Day – Second Monday in October

• Veteran’s Day – November 11

• Thanksgiving Day – Fourth Thursday in November

• Christmas Day – December 25

C-9.2. When one of the above designated legal holidays falls on a Sunday, the following

Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday. The list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination or Collective Bargaining Agreement regarding applicable paid holidays.

C-9.3. In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by a Presidential Proclamation

C-9.4. It is understood and agreed between the Government and the contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance or entitlement of compensation except as set forth within the task order. In the event the contractor’s personnel work during a holiday or other day observed by the Government employees (see above holiday listing), the contractor may reimburse them; however, no form of holiday or other premium compensation will be reimbursed by the Government, either as a direct or indirect cost, other than their normal compensation for the time worked.

C-9.5. When the Department of Defense grants excused absence to its employees, the contractor agrees to continue sufficient personnel to perform critical tasks already in operation or scheduled, and the contractor shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer’s Representative

(COR).

C-9.6. If Government personnel are furloughed, the contractor shall contact the

Contracting Officer or the COR to receive direction. It is the Government’s decision as to whether contract support will be affected as a result of Government shutdown and/or furloughed Government employees.

C-9.7. Nothing in this section abrogates the rights and responsibilities of the parties relating to any “stop work” clause or provision included in other sections of the contract.

C-9.8. Overtime is not authorized under this contract.

C-10. GOVERNMENT/NAFI FURNISHED EQUIPMENT – NOT USED

C-11. EDUCATION AND EXPERIENCE – NOT USED

C-12. KEY PERSONNEL – NOT USED

C-13. SECURITY. The contractor shall comply with all applicable Department of Defense

(DoD) security regulations and procedures during the performance of this contract. The contractor shall not disclose and must safeguard sensitive information, computer systems and data, privacy act data, and Government and contracted personnel work products that are obtained or generated in the performance of this contract.

C-13.1. The contractor is responsible for safeguarding information of a sensitive nature.

Failure to safeguard any privileged information which may involve the contractor or the contractor's personnel or to which they may have access may subject the contractor and/or the contractor's employees to criminal liability under Title 18, section 793 and 7908 of the United States Code.

C-13.2. Clearances. All contractor employees supporting this project require a minimum of a National Agency Check and Inquiries (NACI) clearance.

C-14. CONFIDENTIALITY. This project and all materials provided to the Contractor by the

Government and results, conclusions and recommendations obtained thereof shall be considered confidential in nature and treated with the same level of care that the Contractor treats its own confidential business information. The information shall not be disclosed, copied, modified, used (except in the completion of this project) or otherwise disseminated to any other person or entity at any time to include, but not limited to inclusion in any database external to the Government without the Government’s express consent.

C-15. INTELLECTUAL PROPERTY RIGHTS.

a. No data provided to, or developed by, the contractor shall be used for any purpose other than this contract and subsequent task orders.

b. All information (data files and hard copy) developed under this contract including but not limited to course guides, training materials, handouts, presentations and manuals will be the exclusive property of the government and the contractor shall provide all files, in electronic and hardcopy format, as requested, to the designated program manager and or COR, at the completion of the task.

c. Any existing works, publications, writings, illustrations, graphics, information, or technical data owned or developed by, or licensed to, the contractor prior to the award of this contract that is utilized in conjunction with the contract or incorporated into any deliverable including but not limited to course guides, training materials, handouts, presentations and manuals shall be provided to the government under a world-wide, irrevocable, indefinite term, no/fee-paid-up license to further publish, develop, revise, amend, change or otherwise modify such works and materials as deemed appropriated in the discretion of the government.

C-16. PRIVACY ACT. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. Any information reported, summarized, or otherwise considered procurement sensitive that comes about through the work performed will not be distributed or discussed outside the framework of the Data Layer Optimization Project. All programs and materials developed at government expense during the course of this contract are the property of the government. Contractor personnel shall be required to obtain and maintain security badges and adhere to the security requirements of the installation. The Government will retain rights to all intellectual property produced in the course of performing the tasks in this PWS.

C-17. COMMON ACCESS CARD. IAW that guidance, the authorizing official (Contracting

Officer Representative (COR)), Contracting Officer Technical Representative (COTR), Contracting Officer, or other approving officials), the contractor's sponsor, approves issuance of the CAC though the automated TASS system. The MC&FP Security Officer is the designated Trusted Agent (TA). The contractor's CVS applications under this task order should clearly cite the contract and task order numbers identified on the DD Form 1155 for this task order. IAW CAC issuance requirements, personnel requiring CACs will be subject to a favorable adjudicated National Agency Check with Inquiries (NACI).

(End of Section C)

PART I, SECTION D: PACKAGING AND MARKING- NOT APPLICABLE

(End of Section D)

PART I, SECTION E: INSPECTION AND ACCEPTANCE

E.1 SURVEILLANCE, INSPECTIONS, AND ACCEPTANCE

All solutions, products, manuals, reports and deliverables must be approved by Technical Representative as applicable, then delivered to the COR for final approval as necessary.

The contractor is responsible for the overall quality of contract performance and for the management of its own workforce. The COR may clarify contractor responsibilities within the requirements of the PWS. All work to be performed under this contract is subject to Government surveillance and inspection per NAFI Clause 34 & 39

(End of Section E)

PART I, SECTION F: DELIVERIES OR PERFORMANCE

F.1 Period of Performance

Date of contract award with a one (1) year base year and four (4) one (1) year option years.

F.2 Place of Performance – Performance will be in CONUS and OCONUS locations.

(End of Section F)

PART I, SECTION G: CONTRACT ADMINISTRATION DATA

G.1 Invoicing

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

a. Invoice Date;

b. Name of contractor;

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

d. Shipment number and date of shipment;

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

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

g. Any other information or documentation required by other provisions of the contract

(such as evidence of shipment).

Invoices shall be prepared and submitted to the point of contact identified in the following section (G-2). Invoices shall be submitted by the Contractor on a monthly basis for the monthly service and will be paid in arrears. The NAFI will not make a payment for deliverables that have not been inspected and accepted by the Contracting Officer’s Representative.

G.2 Submit Invoices To:

The COR will be identified by separate letter at contract award. Invoices are forwarded to the contracting office and the COR for acceptance and approval. Invoices will be paid upon approval and acceptance by the Government COR.

G.3 Accounting Classification

ACCOUNTING AND APPROPRIATION DATA: NONAPPROPRIATED FUNDS

Company Code: 6510 Cost Center: 5599 GL Account: 782089

No appropriated funds of the United States will be obligated, due or payable to a contractor as a result of this solicitation and, if awarded, any resulting contract.

(End of Section G)

PART I, SECTION H: SPECIAL CONTRACT REQUIREMENTS

H-1. PRIVACY ACT NOTIFICATION (Jan 2008) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C.552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

H-1.1. PRIVACY ACT (Apr 1984)

(a) The Contractor agrees to --

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies --

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)

(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

H-2. TRAVEL EXPENSES

Travel expenses will be paid on a reimbursable basis only for costs actually incurred, subject to the limitations of the DoD Joint Travel Regulation (JTR) as well as the provisions herein. 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:

1.) 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.

2.) A fee for profit and G&A on travel cost and per diem is NOT authorized.

3.) 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.

4.) Per diem and incidental expense rate shall be reimbursed as follows:

a.) 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 consist of local meals and incidentals.

b.) 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.

5.) 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 not to exceed the current maximum daily rate listed on the above defense travel website, to include fees and taxes.

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

H-3. ITEMIZED TRAVEL INVOICES

All reimbursable travel shall have prior approval by the COR/Alternate COR. The Contractor shall ensure that itemized travel invoices for Government sponsored travel are submitted accurately and timely to the COR/ACOR for certification. Itemized travel invoices shall be submitted to the COR within 30 calendar days of returning from travel. Each invoice shall contain the following information.

a. Mileage cost associated with government directed travel.

b. Per diem cost (lodging, meals, and transportation)

c. Airfare

H.4. APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE

(a) The following NAFI employee is appointed as the Contracting Officer’s Representative

(COR):

DAVE MEEKS

Dave.meeks@navy.mil

(202) 433-0192

(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 http://www.defensetravel.dod.mil/site/perdiemCalc.cfm 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-5. MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (APR 2016)

(a) Definitions. As used in this clause-- “United States'' means the 50 states and the District of Columbia.

“Worker''—

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and—

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C.

chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order Minimum Wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to--

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C.

213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C.

214(b).

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C.

213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, 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 whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the 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.

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(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 make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other NAFI or Government contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not 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 compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

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.

(End of Section H)

PART II –SECTION I CONTRACT CLAUSES

I.1 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. RESTRICTIONSON CERTAIN FOREIGN PURCHASES

31. EXTRAS

32. CHANGES - FIXED PRICE

33. CONTRACTOR INSPECTOR REQUIREMENTS

34. RESPONSIBILITY FOR SUPPLIES

35. CLEARANCE AND DOCUMENT – SHIPMENTS

36. CONVICT LABOR

37. CONTRACT WORK HOURS & SAFETY STANDARDS ACT

38. SERVICE CONTRACT ACT OF 1965 (AS AMENDED)

39. INSPECTION OF SERVICES – FIXED PRICE

PART II, SECTION I – NON APPROPRIATED FUND CLAUSES continue

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…