HDQMWR-19-R-0018_Small_Consumer_Electronics.pdf

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

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGE

1 35

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-0018 6MAR2016

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

COMMANDER, NAVY INSTALLATIONS COMMAND

NAF ACQUISITIONS BRANCH N945

716 SICARD ST. SE 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 29MAR2019 (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@N

AVY.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 11-19

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

X C DESCRIPTION/SPECS./WORK STATEMENT 5-7 X J LIST OF ATTACHMENTS 19

X D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 7-8 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 20-22 X F DELIVERIES OR PERFORMANCE 8

X G CONTRACT ADMINISTRATION DATA 8-9 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 23-31

X H SPECIAL CONTRACT REQUIREMENTS 9- X M EVALUATION FACTORS FOR AWARD 32-35

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)

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 Indefinite Delivery Indefinite Quantity (IDIQ) 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 a mix of small consumer electronics from the below list of CLINS that will be utilized for responding to anticipated delivery orders based on the scope of the contract. Only the NAF Ordering Officers, acting within the limit(s) of their warrant(s) will place Delivery Orders against this contract (reference Clause I.25 “Ordering”). The following are the estimated minimum and maximum total contract values for all delivery orders awarded:

a. Minimum Total Contract Value: $100,000.00

b. Maximum Total Contract Value: $1,700,000.00

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

B.5 INCORPORATION: The Contractor’s Price Proposal received in response to the Request for Proposal (RFP) shall be incorporated into the contract.

B.6 ORDER OF PRECEDENCE: In accordance with NAF Clause “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.

BASE PERIOD

CLIN DESCRIPTION QTY U/I PRICE

0001 PlayStation 4 1TB Black 75 EA 0002 PlayStation 4 Gold Wireless Headset 75 EA 0003 PlayStation 4 controller (black) 75 EA 0004 PlayStation 4 double Charging Station 75 EA 0005 PlayStation 4 Video Game from Top 25 list 150 EA 0006 Xbox One X ITB 75 EA

0007 Xbox One X Wireless Headset 75 EA 0008 Xbox One X controller (black) 75 EA 0009 Xbox One X double Charging Station 75 EA 0010 Xbox One X Video Game from Top 25 list 150 EA 0011 Portable DVD Player 45 EA 0012 Portable CD Player 45 EA 0013 Shipping and Handling 1 LT

OPTION PERIOD 1

CLIN DESCRIPTION QTY U/I PRICE

1001 PlayStation 4 1TB Black 75 EA 1002 PlayStation 4 Gold Wireless Headset 75 EA 1003 PlayStation 4 controller (black) 75 EA 1004 PlayStation 4 double Charging Station 75 EA 1005 PlayStation 4 Video Game from Top 25 list 150 EA 1006 Xbox One X ITB 75 EA 1007 Xbox One X Wireless Headset 75 EA 1008 Xbox One X controller (black) 75 EA 1009 Xbox One X double Charging Station 75 EA 1010 Xbox One X Video Game from Top 25 list 150 EA 1011 Portable DVD Player 45 EA 1012 Portable CD Player 45 EA 1013 Shipping and Handling 1 LT

OPTION PERIOD 2

CLIN DESCRIPTION QTY U/I PRICE

2001 PlayStation 4 1TB Black 75 EA 2002 PlayStation 4 Gold Wireless Headset 75 EA 2003 PlayStation 4 controller (black) 75 EA 2004 PlayStation 4 double Charging Station 75 EA 2005 PlayStation 4 Video Game from Top 25 list 150 EA 2006 Xbox One X ITB 75 EA 2007 Xbox One X Wireless Headset 75 EA 2008 Xbox One X controller (black) 75 EA 2009 Xbox One X double Charging Station 75 EA 2010 Xbox One X Video Game from Top 25 list 150 EA 2011 Portable DVD Player 45 EA 2012 Portable CD Player 45 EA 2013 Shipping and Handling 1 LT

OPTION PERIOD 3

CLIN DESCRIPTION QTY U/I PRICE

3001 PlayStation 4 1TB Black 75 EA

3002 PlayStation 4 Gold Wireless Headset 75 EA 3003 PlayStation 4 controller (black) 75 EA 3004 PlayStation 4 double Charging Station 75 EA 3005 PlayStation 4 Video Game from Top 25 list 150 EA 3006 Xbox One X ITB 75 EA 3007 Xbox One X Wireless Headset 75 EA 3008 Xbox One X controller (black) 75 EA 3009 Xbox One X double Charging Station 75 EA 3010 Xbox One X Video Game from Top 25 list 150 EA 3011 Portable DVD Player 45 EA 3012 Portable CD Player 45 EA 3013 Shipping and Handling 1 LT

OPTION PERIOD 4

CLIN DESCRIPTION QTY U/I PRICE

4001 PlayStation 4 1TB Black 75 EA 4002 PlayStation 4 Gold Wireless Headset 75 EA 4003 PlayStation 4 controller (black) 75 EA 4004 PlayStation 4 double Charging Station 75 EA 4005 PlayStation 4 Video Game from Top 25 list 150 EA 4006 Xbox One X ITB 75 EA 4007 Xbox One X Wireless Headset 75 EA 4008 Xbox One X controller (black) 75 EA 4009 Xbox One X double Charging Station 75 EA 4010 Xbox One X Video Game from Top 25 list 150 EA 4011 Portable DVD Player 45 EA 4012 Portable CD Player 45 EA 4013 Shipping and Handling 1 LT

Base Year & All Option Years Total Estimated Price $ ______________

(END OF SECTION B)

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

C-1. INTRODUCTION. The Navy General Library Program and Navy Sports and Fitness assists in the initial and retrofitting of shipboard libraries and community recreational facilities. The small consumer electronics will be part of the ship library and community recreation collection for the recreational use of sailors at sea. Ship libraries vary in size depending on the hull class, but all receive similar collection materials and equipment that vary in quantity.

C-2. SCOPE. Commercial Off the Shelf, Brand Name Small Consumer Electronics

C-3. BACKGROUND. RESERVED

C-4. MAIN TASK ORDER OBJECTIVES.

The selection of electronics and accessories must include at a minimum the following:

1) Video gaming

a. Video gaming consoles must include the United States version of the most recent models of Sony and Microsoft home entertainment systems. For 2018, the consoles are Sony PlayStation 4 1TB black and Microsoft Xbox One S 1TB black. Consoles should not come bundled with games.

b. Home entertainment system accessories, including Sony and Microsoft brand game controllers, wireless headsets, remote, and charging stations.

c. Top 25 Video Games compatible with the home entertainment systems. Game must have been released in the last two years prior to the current contract award year. Top 25 Games shall be taken from Consumer Report for the period quarter.

2) Portable DVD Player

a. Play region 1 DVDs and MP3 compact disc (CD)

b. TFT LCD screen size between 9”-12” attached to player

c. Minimum 480x234 pixel resolution

d. Weight less than 5 lbs

e. Rechargeable battery

f. Battery life of 2 hours or greater

g. AC/DC adapter

h. Minimum one headphone port

i. 16:9 aspect ratio

j. No built-in camera

k. Built-in surround sound speakers

l. Video D/A 14-bit/108MHz minimum

m. Audio D/A 24-bit/192kHz minimum

3) Portable personal CD player

a. Compatible with CD / MP3 format

b. Weight less than 1 lb

c. LCD display

d. Minimum battery life 10 hours

e. AA battery powered with AC/CD power adapter for battery-free play

f. DC-in, Audio D/A Converter

g. Minimum one headphone port

h. Playback features include play, skip track, pause, stop

i. Digital volume level control function

j. Anti-skip technology

k. Extra AA batteries

4) Headphones

a. Wireless headphones

b. Noise cancelling unit in each earpiece

c. Battery type AAA

d. Functions with or without noise-cancelling feature turned on

e. Integrated volume control

f. 100 dB or greater

g. Closed over-the-ear design with headband

h. Padded around ear cup edge with faux leather covering padding

i. Adjustable headband sizing

j. Weight less than 9 ounces

k. Extra AAA batteries

C-5. APPLICABLE DOCUMENTS AND REFERENCES. - NOT APPLICABLE

C-6. DELIVERY REQUIREMENTS: 30 Days After Receipt of Delivery Order

C-7. DELIVERABLES AND ACCEPTANCE: See Clause reference in Section I.10 -

INSPECTION

C-8. QUALITY CONTROL AND CONFLICTS OF INTEREST: Contractor shall provide within their proposal their current Quality Control Process. Contractor must identify any Conflict of Interest prior to receipt of proposal

C-9. PERFORMANCE CRITERIA – NOT APPLICABLE

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

C-11. RESERVED

C-12. RESERVED

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-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. NOT APPLICABLE

C-16. PRIVACY ACT. (NOT APPLICABLE)

(End of Section C)

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

• PRIOR TO DELIVERY, ENSURE DRIVERS HAVE ALL DOCUMENTATION

FOR ACCESS TO A SECURED MILITARY FACILITY

• Invoices must include final delivery location and signed proof of delivery.

• INVOICES WILL BE PAID NET 30 DAYS FROM THE DATE THE PROOF OF

DELIVERY IS RECEIVED.

• PLEASE INCLUDE FULL PACKING SLIP WITH DELIVERY ORDER

NUMBER

• Each package/box, etc. Must be marked for final delivery location

D.1. a delivery POC will be provided on each delivery order to advise of Base Access requirements

(End of Section D)

PART I, SECTION E: INSPECTION AND ACCEPTANCE

E.1 SURVEILLANCE, INSPECTIONS, AND ACCEPTANCE

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

(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.

(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: 9715 GL Account: 703089

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) (NOT APPLICABLE) H-1.1. PRIVACY ACT (Apr 1984) (NOT APPLICABLE)

H-2. RESERVED

H-3. RESERVED

H.4. APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE

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

(COR):

Erica Stiner Navy General Library Program Manager Commander, Navy Installations Command 716 Sicard St. SE BLDG 111 Suite 1000 Washington, DC 20374 Office: 202-433-9802 (DSN 288) FAX: 202-433-0785 (call before faxing) E-mail: Erica.Stiner@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 mailto:Erica.Stiner@navy.mil performance. The COR is not an Administrative Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract, or to direct the accomplishment of effort which goes beyond the scope of the performance work statement in the contract.

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

H-5. MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (APR 2016) (NOT

APPLICABLE)

H-6. PROTECTION OF PERSONAL IDENTIFIABLE INFORMATION (PII). (NOT

APPLICABLE)

(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. 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 of Records

a. The clause is applicable if the amount of this contract exceeds $10,000 and the contract was entered into by means of negotiation. The contractor agrees that the contracting officer or their duly authorized representative shall have the right to examine and audit the books and records of the contractor directly pertaining to the contract during the period of the contract and up to 3 years after contract expiration date and final payment.

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

8. Gratuities

a. The NAFI may, by written notice to the contractor, terminate the right of the contractor to proceed under this contract if it is found, after notice and hearing by the Contracting Officer that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the contractor, or any agent or representative of the contractor, to any officer or employee of the government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract. The Contracting Officer must coordinate with and receive approval from N94 on all matters arising under this section.

b. In the event this contract is terminated as provided in paragraph 8a above, the NAFI shall be entitled (1) to pursue the same remedies against the contractor as it would pursue in the event of a breach of contract by the contractor, and (2) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Contracting Officer, which shall not be less than three nor more than ten times the cost incurred by the contractor in providing any such gratuities to any such officer or employee.

c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

9. Hold and Save Harmless. The contractor shall indemnify, save harmless, and defend the NAFI, its outlets, and customers from any liability, claimed or established, for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products listed in this contract, except for such claims or damages caused by or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, the contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits and expenses which arise out of acts or omissions of the contractor, its agents, representatives, or employees.

10. Inspection. Unless otherwise provided herein, inspection shall be made after receipt of the supplies/equipment by the ordering activity or after completion of services by the contractor.

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

11. Insurance

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

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

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

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

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

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

(3) The contractor is responsible for damage or loss to his/her owned or leased equipment.

Claims will be honored only if it can be shown that the NAFI was negligent and caused damage or loss to the contractor’s equipment.

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

a. Invoice Date;

b. Name of Contractor;

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

d. Shipment number and date of shipment;

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

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

g. Any other information or documentation required by other provisions of the contract (such as evidence of shipment).

Invoices shall be prepared and submitted in duplicate (one copy shall be marked “Original”) unless otherwise specified.

13. Law Governing Contracts. In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined according to the substantive and procedural laws of the United States of America.

14. Legal Status. The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States. NO

APPROPRIATED FUNDS OF THE UNITED STATES SHALL BECOME DUE OR BE PAID

A CONTRACTOR BY REASON OF THIS CONTRACT.

15. Modifications. No agreement or understanding to modify this contract will be binding upon the NAFI unless it is made 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. Offeror’s are encouraged to resolve any complaints or issues they may have with the contracting officer in an informal manner. However, where an offeror is not satisfied with an award decision of the contracting officer, that offeror may file a written protest with the contracting officer and the contracting officer will issue a final decision on the protest. Any interested party who is dissatisfied by the contracting officer’s final decision on the protest may file a written appeal with CNIC. The procedures for filing protests may be found in chapter 2, paragraph 223. A copy of paragraph 223 will be provided to any offeror by the contracting officer upon request.

SUPPLEMENTAL CLAUSES

1. Requirements

a. This is a requirements contract for the supplies or services specified, and effective for the period stated in the schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the NAFI’s requirements do not result in orders in the quantities described in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

b. Delivery or performance shall be made only as authorized by delivery orders issued in accordance with the Ordering clause. The contractor shall furnish to the NAFI all supplies or services specified in the Schedule and called for by delivery orders issued in accordance with the Ordering clause. The NAFI may issue delivery orders requiring delivery to multiple destinations or performance at multiple locations. There is no limit on the number of orders that may be issued by the NAFI.

c. The NAFI shall order from the Contractor all the supplies or services specified in the schedule that are required to be purchased by the NAFI activity of activities specified in the Schedule.

d. Orders issued during the effective period of this contract and not completed within that time shall be completed by the contractor within the time specified in the delivery order, and the rights and obligations of the contractor and the NAFI respecting those orders shall be governed by the terms of the contract to the same extent as if completed during the effective period of this contract.

2. Ordering.

The supplies or services to be furnished under this contract will be ordered from time to time during the contract term, by the NAFI or its authorized representative. Each such order will be placed via written delivery order. A written delivery order is not required if the purchase is made with the Government purchase card. All delivery orders and purchase card orders are subject to the terms and conditions of this contract. All delivery orders are subject to the terms and conditions of this contract. In the event of a conflict between a delivery order and this contract, the contract shall control.

3. Option to Extend the Term of the Contract

a. The contracting officer shall advise the contractor in writing at least 60 calendar days before the contract period expires of the NAFI’s desire to extend the period of the contract for 12 months. If the NAFI exercises this option, the extended contract shall be considered to include this option provision.

b. The total duration of this contract, including any extension pursuant to the option exercised under this clause, shall not exceed 5 years from the date of the original contract.

CLAUSES INCORPORATED BY REFERENCE

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

CLAUSE NO. REFERENCE CLAUSE TITLE

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

25 52.222-20 Walsh-Healey Public Contracts Act (Supply Contracts in Excess of $15,000) (not with foreign contractors)

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

27 52.222.35

Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Supplies and Service over $100,000)

28 52.222-36 Affirmative Action for Workers with Disabilities (Supplies And Services Contracts $15,000)

29 52.222-37

Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Supplies and Services Contracts over $10,000)

30 52.225-13 Restrictions on Certain Foreign Purchases

31 52-232-11 Extras

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

IV)

33 52.246-1 Contractor Inspection Requirements

34 52.246-16 Responsibility for Supplies

35 52.247-52 Clearance and Documentation Requirements-Shipments to DoD Air or Water Terminal Trans-shipment Points

36 52.222-3 Convict Labor (Contracts over $2,500)

37 52.222-4 Contract Work Hours and Safety Standards Act- Overtime. Compensation – General (Contracts over $150,000)

38 52.222-41 Service Contract Act of 1965, as amended (Contracts over $2,500)

39 52.246-4 Inspection of Services – Fixed Price

(End of Section I)

PART III, SECTION J: LIST OF DOCUMENTS, EXHIBITS, AND OTHER

ATTACHMENTS

J.1 PAST PERFORMANCE QUESTIONNAIRE (SUPPLIES)

(End of Section J)

PART IV, SECTION K: REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENT OF OFFEROR’S OF RESPONDENTS

Contractors that are registered with the Government’s System for Award Management (SAM) may provide their DUNS number in lieu of section K.

WALSH-HEALEY PUBLIC CONTRACTS ACT REPRESENTATIONS (Applicable to supply contracts exceeding $15,000.00)

The offeror represents as a part of this offer that the offeror {_____} is or {_____} is not a regular dealer in, or {_____} is or {____} is not a manufacturer of, the supplies offered.

CONTINGENT FEE

(a) Offeror _____has _____ has not employed any company or persons (other than a full-time bona fide employee working solely for the offeror) to solicit or secure this contract, and (b) _____has _____has not paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the offeror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (a) and (b), as requested by the contracting officer. (Interpretation of the representation, including the term “bona fide employee,” see subpart 3.4 of the Federal Acquisition Regulation.)

TYPE OF BUSINESS ORGANIZATION

Offeror operates as _____an individual _____a partnership _____a nonprofit organization _____a corporation, incorporated under the laws of the State of________________________________.

EQUAL OPPORTUNITY (EO)

(a) Offeror _____has _____has not participated in a previous contract or subcontract subject either to the EO clause herein or the clause originally contained in section 310 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; offeror _____has _____has not filed all required compliance reports; and that representation indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards.

(b) Offeror represents that (1) it _____has developed and has on file _____has not developed and does not have on file, at each establishment affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) or (2) _____it has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (Applicable to contracts over $100,000.00)

(a) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other offeror or to any competitor; and

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

(b) Each signature on this offer certifies that the signatory:

(1) Is the person in the offeror’s organization responsible within that organization for the decision as to the prices being offered herein and that the signatory has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above; or

(2) (i) Is not the person in the offeror’s organization responsible within that organization for the decision as to the prices being offered herein but has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate, in any action contrary to (a)(1) through (a)(3) above, and as their agent does hereby so certify; and (ii) has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above.

CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to contracts and subcontracts exceeding $10,000.00 which are not exempt from the provisions of the EO clause)

(a) By submission of this offer, offeror/subcontractor certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. Offeror/subcontractor agrees that a breach of this certification is a violation of the EO clause in this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. Offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will (1) obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000.00 which are not exempt from the provisions of the EO clause; (2) retain such certifications in its files; and (3) forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods)

Notice to prospective subcontractors of requirement for certifications of non-segregated facilities.

(b) A Certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000.00 which is not exempt from the provisions of the EO clause.

(c) The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false offers is prescribed in 18 U.S.C. 1001.

(d) ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation for offers and related documents numbered and dated as follows:

Amendment No. Date

NOTE: Offers must set forth accurate and complete information as required by this Solicitation (including attachments). The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

(End of Section K)

PART IV, SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO

OFFERORS OR RESPONDENTS

L.1 PREPARATION OF OFFERS:

a. Offerors are expected to carefully read all specifications and instructions. The Offeror shall submit documentation explaining their approach for satisfying the requirements of this solicitation. Proposals must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror’s proposal against the evaluation criteria. Failure to meet all of the Terms, Conditions and Specifications in Section C may render the offerors proposal as non-responsive to the solicitation and thereupon eliminated from competition for award.

b. Each offeror shall furnish the information required by the solicitation. The offeror shall sign the offer and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the offer. Offeror(s) shall provide with their proposal a letter providing the name(s) and title(s) of the person(s) with authority to obligate their company. Offers signed by an agent shall also be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

c. Offerors must state a definite time for delivery of supplies or services, unless otherwise specified in the solicitation

d. Offers for supplies or services other than those specified will not be considered unless an amendment to the solicitation is issued.

e. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

f. Offerors shall price all option years.

All correspondence in conjunction with this solicitation should be directed to the NAFI's Point of Contact (POC) identified below:

CHRISTOPHER SAUNDERS,

202-433-9158

L.2 PROPOSAL GENERAL REQUIREMENTS

a. Offerors are hereby advised that the Navy CNIC reserves the right, to make award without discussions; therefore, Offerors should propose their best-offer initially. Offerors shall submit their proposals as follows:

b. Responses to this offer shall be required in written proposal format. Responses to this

RFP shall be submitted, by the closing date, in the content and format specified.

Proposals in response to this RFP shall include three separate parts: one (1) Price proposal and two (2) Non-price proposals. Of the two (2) non-price proposals required, one must be redacted of all company names, logos and references. The second non-price proposal can include company names/logos/references. The names of any contract employees/personnel/staff members can be included in both technical proposals.