19-R-0028_WG2019_Coaches.pdf

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

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGE

1 42

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

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED 6. REQUISITION/PURCHASE

NUMBER

HDQMWR-19-R-0028

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

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 1 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 See block 7 until 1600 local time 03MAY2019 (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 19-26

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

X C DESCRIPTION/SPECS./WORK STATEMENT 3-9 X J LIST OF ATTACHMENTS 26

D PACKAGING AND MARKING 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 10-11

X G CONTRACT ADMINISTRATION DATA 11-12 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 30-38

X H SPECIAL CONTRACT REQUIREMENTS 13-18 X M EVALUATION FACTORS FOR AWARD 39-42

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

(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

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 this solicitation is to be awarded as A Firm Fixed Price (FFP) type contract for CLIN 0001- CLIN 0003. The contractor shall complete all work and services under this contract within the period specified in the contract. The contractor will be paid for actual other direct cost for CLIN 0004 in accordance with section H.2 and H.3.

B-3 SUPPLIES AND/OR SERVICES PRICE/COST SCHEDULE: Offeror is to fill in the proposed pricing table below for CLINS 0001 through 0003 and cost estimate for CLIN 0004.

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.

Period of Performance: Date of Award to 5/15/2019-07/15/2019 CLIN Labor Category Staff Days* Proposed Unit

Costs Proposed Total

Cost 0001 Adaptive Sports Coaches For May 22 11 0002 Adaptive Sports Coaches For June 5

0003 Logistician 1 50 0004 Other Direct Cost – Travel

Total Proposed Amount *Day will consist of anywhere between 6-10 hour days.

(END OF SECTION B)

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

Coaching for the 2019 Navy Wounded Warrior Practice Camps and Warrior Games 2019 Competition

PERFORMANCE WORK STATEMENT

C-1. INTRODUCTION.

The Navy Wounded Warrior (NWW) Adaptive Sports and Recreation program provides a platform for active and veterans service members from the United States Navy and Coast Guard to participate in adaptive sports and recreational activities within their individual limitations. In June 2019, Navy and Coast Guard service members will participate in the annual Department of Defense Warrior Games in Tampa, Florida. During the Warrior Games, service members will compete in up to 13 sports which include: archery, cycling, field, indoor rowing, powerlifting, shooting, sitting volleyball, swimming, track, wheelchair basketball, wheelchair rugby, and wheelchair tennis. The Contractor shall provide personnel to act as coaches, as well as certain support personnel for each Warrior Games adaptive sport throughout the planning and execution phases of the Warrior Games.

C-2. SCOPE. Provide 22 coaches for the training camp and 5 coaches for the Warrior Games categories to support up to 45 participants. Athletes are Wounded, Ill, and Injured service members with ranging from Warrior Games classifications 1-6. Contractor should provide consistency of coaches provided to the best of its ability for the two CLINS.

C-3. BACKGROUND. Established in 2010, the Warrior Games is an annual adaptive sporting event that brings together wounded, ill and injured active and veteran service members from the U.S. Armed Forces and several foreign militaries. During the Warrior Games, approximately 375 wounded, ill and injured athletes, competing in 13 sports (e.g. archery, cycling, field, golf, indoor rowing, powerlifting, shooting, sitting volleyball, swimming, track, wheelchair basketball, wheelchair rugby, and wheelchair tennis). Many wounded, ill, and injured Service Members use adaptive sports and activities as an integral part of their overall rehabilitation process.

C-4. MAIN TASK ORDER OBJECTIVES.

C-4.1. Review of the Current Policies and Guidelines. Perform a thorough review of current rules and classifications, event protocols, and other aspects of Navy Wounded Warrior and the 2019 Warrior Games.

C-4.1.1. Review current rules and classifications, event protocols, review committee and protocol, and other aspects of 2019 DoD Warrior Games. The review materials will include, but not be limited to DoD-level and Service-level policies, guidance documents (e.g., play books, handbooks, games guidance, classification guidelines, etc) associated with NWW, adaptive sports, and the 2019 DoD Warrior Games.

C-4.2. Coaches Performance Requirements:

C-4.2.1. Contractor shall set-up and verify all equipment for training/competition is available for all athletes in their respective sports.

C-4.2.2. Provide guidance and instruction to athletes during the training week prior to the Warrior Games 2019, and during each competition. Coaches are expected to provide a written, take-home plan for each athlete to use to train in preparation of the 2019 DoD Warrior Games. Guidance and instruction will be both remote and in person.

C-4.2.3. Coaches are required to attend the team training camp listed below.

During this evolution, coaches will be instructing practice, clinics and competitions. All coaches shall have the knowledge and of game rules and regulations for 2019 Warrior Games is required. Coaches will make themselves available for request for instruction from athletes/staff from 0700-1800 daily.

C-4.2.3.1. Coaches shall attend daily coaches’ meetings with the Navy Wounded Warriors Adaptive Sports Team.

C-4.2.4. Coaches are required to attend the Team Training Camp in May as follows:

Sport Coach Specific Expertise Required Date Archery 1 recurve, compound bows mechanic

14-24 May 2019

Cycling 2

Upright, recumbent, hand cycle

Cycling mechanic

14-24 May 2019

Indoor Rowing 1 Single erg rowing 14-24 May 2019 Powerlifting 1 Power lifting 14-24 May 2019 Shooting 2 rifle pistol 14-24 May 2019

Sitting Volleyball 2 14-24 May 2019 Swim 2 14-24 May 2019 Track & Field 3 Track, track chair racing, field

(standing & seated) 14-24 May 2019

Wheelchair Basketball

2 14-24 May 2019

Wheelchair Rugby 2

Wheelchair Ruby

Rugby Wheelchair Mechanics

14-24 May 2019

Wheelchair Tennis 1 14-24 May 2019

C-4.2.5. Coaches are required to perform at the 2019 DoD Warrior Games (14 June through 30 July 2019).

Sport #Coach Specific Expertise Required Date Indoor Rowing 1 Coach 14- 27 June 2019 Wheelchair Rugby 2

Coaches

Rugby Mechanic

14-30 June 2019

Head Coach 1 14 June – 2 July

C-4.2.4 During 2019 DoD Warrior Games coaches will make themselves available to athletes and staff for questions or training needs until completion of their competition event(s).

C-4.3. Coaches Skills and Qualifications:

Coaches shall have experience and possess certification by a recognized US or the National Governing Body (NGB) in the adaptive sport or equivalent sport and experience with Adaptive athletes.

All coaches must have a valid Safe Sport Certificate of Completion prior to start of performance.

Certification level by sport must be as follows:

Sport Certificate requirements Archery USA Archery certification Level 2 in compound and recurve bows Cycling USA Cycling certification Level 3 for coaches, mechanic- 3-4 years of cycle mechanic experience Indoor Rowing USA Rowing Certification Level 1 Powerlifting USA Powerlifting Certification Level 1 Shooting Coach certified level 3 in primary focus, 2 in secondary focus (from

US Archery) Sitting Volleyball USA Volleyball Certification Level 2 Swim At least 3 years coaching experience with 1 year working with adaptive athletes Track & Field US Track & Field Certification Level 1 or equivalent certification from nationally (USA) recognized Track & field organization Wheelchair Basketball

US Basketball certification Level 1

Wheelchair Rugby USA Rugby certification Level 1 Wheelchair Tennis Professional Tennis Registry Coach or US Professional Tennis

Association Coach Team Coach Shall have knowledge and understanding of all Warrior Games guidelines, rules, regulations and classifications

C-4.4 Logistician Performance Requirements:

C-4.4.1 Logistician shall support the upkeep, maintenance, and repair of all equipment used by NWW, and perform inventory control measures with special emphasis on accountability, security and loss prevention of government equipment. Logistician shall assist with the set-up and verification that all equipment for training/competition is available for all athletes in their respective sports and all facilities are open and available prior to the start of event daily. Assist NWW-SH and coaching staff to identify equipment needs necessary for maintenance of existing sporting equipment as well as forecasts for future sporting equipment, and program supply stock levels, marketing and apparel needs. At the end of daily performance, the contractor shall verify and confirm all venues are secure and necessary equipment is secure (e.g.: locked venue, placed in storage site at venue).

C-4.4.2 Logistician shall attend Navy Wounded Warriors Adaptive Sports Team and coaches’ meetings and every training camp. The contractor shall support coaches and Navy Wounded Warrior staff in regard to venue preparation, equipment distribution, construction of venue requirements (e.g., shooting and archery protection wall), and collection and storage of equipment. Performance shall occur between 06:30-18:30 daily.

C-4.4.3 Logistician shall support NWW – Adaptive Athletics with the organization of all Navy equipment for transfers related to the Warrior Games 2019. Contractor shall support NWW- Adaptive sports coordinating shipment of all equipment and supplies.

Contractor shall document and coordinate equipment needs with venues and sports coaches and inbound/outbound base logistics support offices. Support NWW with examining equipment received and notes overages, shortages, or any damages incurred in shipping. Contractor shall log event equipment manifests pre and post event.

Logistician shall coordinate with program managers and coaches to ensure all equipment required to be shipped is identified in a timely manner.

C-4.4.5 LOGISTICIAN EVENT PERFORMANCES:

Logistician must attend following events between May 12-July 30, 2019:

May 12-24,2019, Navy Base Ventura County (NBVC), Pt. Hueneme, CA June 12 - July 3, 2019, Tampa, FL TBD, Pack out prior to Warrior Games, Pt. Hueneme, CA TBD, Equipment Return, Pt. Hueneme, CA

C-5. APPLICABLE DOCUMENTS AND REFERENCES. NWW-SH the 2019 Warrior

Games Policies and Guidelines. See Attachment J.2

C-6. NOT USED

C-7. DELIVERABLES AND ACCEPTANCE

Deliverable Key Parameters

Frequency Medium/Format Submit to

After action report

As coordinated and required by the COR

Within 2 days after completion of your event.

Electronically in MS Word document

COR

C-8. QUALITY CONTROL AND CONFLICTS OF INTEREST: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which the Contractor assures that work complies with the requirements of the contract. At a minimum, the Contractor shall develop quality control procedures that address the objectives of the PWS. The Contractor’s QC plan shall be submitted to the Government within ten (10) days after contract award.

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: All Athletic and Competition

Equipment used by the contractor are the property of Navy CNIC. The NAFI retains title to all Government-furnished property until properly disposed of, as authorized by law or regulation. Property that is leased by the NAFI and subsequently furnished to the contractor for use shall be considered Government-furnished property under the clause 52.245-1, Government Property.

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-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. No data provided to, or developed by, the contractor shall be used for any purpose other than this contract and subsequent task orders. All information (data files and hard copy) become the property of the government and the contractor shall return them to the designated program manager and or COR, at the completion of the task.

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, 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 & 40

(End of Section E)

PART I, SECTION F: DELIVERIES OR PERFORMANCE

F.1 Period of Performance. The Period of Performance for this contract will be from the date of award through July 30, 2019.

CLIN 0001: May 14 - 24, 2019 CLIN 0002: June 14 - July 2, 2019 CLIN 0003: April 25 – July 30, 2019

F.2 Place of Performance: Work will primarily occur at on-sight location of events determined by Navy Wounded Warrior Adaptive Sports & Recreation Program.

CLIN 0001: NBVC, Pt. Hueneme, CA CLIN 0002: Tampa, FL CLIN 0003: Oxnard, CA and Tampa, FL

F.3 CLIN Details: Contractor should provide consistency of coaches to the best of its ability for CLINS 0001 and 0002. The following tables are the scheduled training and competition days by sport.

CLIN 0001 Coaches shall attend the May Navy Training Camp as follows:

Sport Coaches Coaches Specifics Date Archery 1 recurve, compound bow mechanic

14-24 May 2019

Cycling 2

Upright, recumbent, hand cycle mechanic

14-24 May 2019

Indoor Rowing 1 14-24 May 2019 Powerlifting 1 14-24 May 2019 Shooting 2 rifle 14-24 May 2019 pistol Sitting Volleyball 2 14-24 May 2019 Swim 2 14-24 May 2019 Track & Field 3 Track, track chair racing, field

(standing & seated) 14-24 May 2019

Wheelchair Basketball

2 14-24 May 2019

Wheelchair Rugby 2

Coaches

Rugby Mechanics

14-24 May 2019

Wheelchair Tennis 1 14-24 May 2019

CLIN 0002 Coaches shall perform for the Warrior Games 2019 as follows:

Sport Coach Coaches Specifics Date Indoor Rowing 1 14- 27 June 2019 Wheelchair Rugby 2

Coaches

Rugby Mechanic

14-30 June 2019

Head Coach 1 14 June – 2 July

(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:

Cambrai Harty, CDR CNIC N95, Washington Navy Yard Bldg 111, Room 204 716 Sicard Street SE Washington, DC 20374-5140 Cambrai.harty@navy.mil

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 AND APPROPRIATION DATA: NONAPPROPRIATED FUNDS

Company Code: 6512 Cost Center: 21617 GL Account: 721489

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

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 http://www.defensetravel.dod.mil/site/perdiemCalc.cfm 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):

Lizbeth Opiola (202)433-9163 Lizbeth.opiola@navy.mil

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

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

H-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.

(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 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…