NAFIB3-16-Q-0062.pdf

PAGE OF PAGESNo appropriated funds of the United States shall become due or paid the contractor by reason of this Request for Quotation.

REQUEST FOR QUOTATIONS

(Nonappropriated Funds)

(THIS IS NOT AN ORDER) 1 30

On Behalf Of Region Single MWR Funds-Pacific

See Schedule

a. NAME OF CONSIGNEE

9. DESTINATION

(See Schedule)

OTHER

XFOB DESTINATION

7. DELIVERY

07/03/2016

6. DELIVERY BY (Date)

5b. FOR INFORMATION CALL: (No collect calls)

APO AP 96205-5742

Unit # 15742

Army NAF Contracting (Korea) Department of the Army5a. ISSUED BY

PRAF1-OS-KN-16-0013

3. REQUISITION/PURCHASE REQUEST NO.

05/25/2016

2. DATE ISSUED

NAFIB3-16-Q-0062

1. REQUEST NO.

11. SCHEDULE (Include applicable Federal, State and local taxes)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the NAFI to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.06/15/2016 1300 LT

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

e. ZIP CODEd. STATEf. ZIP CODEe. STATEd. CITY

c. CITYc. STREET ADDRESS

b. COMPANYa. NAME

8. TO:

See Schedule for Delivery Locations

b. STREET ADDRESS

NUMBER

918-5873027

AREA CODE

TELEPHONE NUMBER

Cindy Park

NAME

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

0001 1 LOFireworks for Liberty Fest 2016, Osan AB

Delivery: 07/03/2016

See attached SOW and details

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

DA FORM 4067, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

STATEMENT OF WORK FOR FIREWORKS

1. DESCRIPTION/SPECS/WORK STATEMENT:

a. The Contractor shall provide technicians for fireworks, transportation and equipment, and shall perform the service for the fireworks provided in accordance with (IAW) the terms and conditions described herein.

b. The fireworks shall be produced IAW quality standards used by the industry for fireworks formula approved by the Government of the Republic of Korea (ROK).

c. The Contractor shall follow Safety SOP for Fireworks, Osan Air Base.

d. The Contractor or base representative will obtain a Burn Permit from the Osan Fire Dept on 1 July 16.

2. PACKAGING AND MARKING: Commercial explosives must be packaged in the original shipping container. The Contractor shall ensure safe delivery of supplies to the destination free from damage in appearance or quality during transit, and preserve the materials in the same condition until the final installation and acceptance.

3. INSPECTION AND ACCEPTANCE:

a. Inspection: The NAFI Custodian or his/her authorized representative(s) will inspect materials delivered at the delivery point before installation. In-process inspection for installation of services work is performed by the NAFI Custodian or his/her authorized representative(s).

b. Acceptance: The final acceptance is made by the NAFI Custodian or his/her authorized representative(s) after assurance of satisfactory contract performance in compliance with the contract terms, conditions, and technical requirements.

c. Deduction: Payment will be deducted from the contract if there are damaged items or not performing fireworks after counting the final inspection when all fireworks are finalized.

4. DELIVERY OR PERFORMANCE:

a. Scope of Services:

(1) The NAFI Custodian or his/her representative(s) will escort the Contractor for the total performance of this contract while on the military installation.

(2) The Contractor shall contact the following point of contact (POC) or alternate designated representative for coordinating the fireworks display in detail:

POC is TSgt Kymdra Toby , (031) 661-7687 (Comm), 784-7687 (Mil), 010-3017-1778 (Cell) and alternate POC is Mr. Anthony Dalton, (031) 661-7664 (Comm), 784-7664 (Mil), 010-4417-6533 (Cell).

(3) Upon contacting POC, the Contractor will be escorted at 0800 on 3 July 2016 to

Osan Air Base, Doolittle Gate, and returned at the completion of the requirement.

(4) The Contractor shall have fireworks displays set up by 2000 on the performance date.

(5) The Contractor shall contact the NAFI Custodian or his designated representative(s) for coordinating the fireworks display.

(6) Rescheduling/cancellation of fireworks display (inclement weather): In the event of base weather’s notification by 1200 on 2 July 2016, a determination by 51 FSS/CC as to cancellation/rescheduling the display will be made. The contractor will receive no payment. In the occasion of severe weather on the day of the event a determination by the 51 FSS/CC will be made to cancel the event and the contractor will receive payment of NTE W4,000,000. If base weather notifies the event coordinator of lightning, the site will be evacuated/cancelled and the contractor will be due a payment of NTE W4,000,000.

(7) The fireworks display shall not be conducted if the wind velocity is more than 20 miles per hour. Explosives shall be stored in a manner and location which is secure from fire, accidental discharge, and theft.

(8) No open flames, matches, or smoking shall be permitted within the area.

(9) Explosive items shall be covered with non-flammable materials during the fireworks display.

(10) The fireworks displayed shall be designed to be fifteen (15) minutes in duration, to be displayed and approved by the Community Center.

(11) The Contractor shall pick up as much of the fireworks debris from the area as possible. A piece of the contractor’s equipment is a special water container to place any found duds in. The water acts to separate the wick form the fireworks. Should any duds be found the following morning the contractor will return to the base upon request to diffuse any duds not located the previous evening. The contractor will remove disabled fireworks from the base.

b. Performance Location, Date, and Time:

(1) The location, date, and time for the fireworks display are specified as follows:

Date/Time Location (Setup Site) 2100 on 3 July 2016 Between new and old Flight Lines

(2) The Contractor shall contact the POC for the time not specified in detail.

c. Required Supplies and Services:

(1) The Contractor shall provide materials, tools, labor, equipment and supervision except as otherwise specified herein and conduct the fireworks display at the time and place as specified herein.

(2) The Community Programming and Partnership Office will provide assistance and support to the Contractor to facilitate the fireworks display and to ensure safety.

d. Receiving Officer: The NAFI Custodian or his/her authorized representative(s) is the receiving officer for receipt of supplies and services delivered herein.

e. Contractor Notice Regarding Late Performance: In the event the Contractor encounters difficulty in meeting performance requirements or when it anticipates difficulty in complying with the contract performance schedule or date, the Contractor shall immediately notify the Contracting Officer, giving pertinent details. However, this shall be considered informational only and this provision shall not be construed as a waiver by the Fund of delivery schedules or dates or of rights or remedies provided by law or under this contract.

f. Cancellation: In case of cancellation of the contract due to reasons beyond the Fund's control, e.g., acts of God or war, the following rules shall apply.

5. CONTRACT ADMINISTRATION DATA:

a. Consideration and Payment: In consideration for the performance accepted hereunder the NAF Accounting Office will make payment to the Contractor via Electronic Funds Transfer (EFT). The NAF Accounting Office will make payment thirty (30) days after receipt of invoice(s) and receiving report(s) and a copy of the payment certificate.

b. Submission of Invoices: Invoices for payment in three (3) copies (one copy shall be marked "Original") shall be submitted to the following address:

AFPC/SVTEA (Accounts Payable) 2261 Hughes Ave, Suite #156 Lackland AFB, TX 78236-9852

Fax: (210) 395-7720/ ap.invoices@afsv.net

6. SPECIAL CONTRACT REQUIREMENTS:

a. Motor vehicles shall be operated and maintained IAW applicable paragraphs of USFK Regulation 190-1 (Copies of which may be seen at the Security Forces Squadron) when such motor vehicles are operated on a United States (US) Government Installation.

b. The Contractor shall ensure that personnel show legal identification documents recognized by the ROK and US Governments to POC concerned. The Contractor shall provide information on the vehicles(s) and personnel identification to allow for proper clearances to perform services on the installation. This shall be accomplished by 1 June 2016.

c. The Contractor's firing crew shall be professional workers in the field and possess appropriate licenses required under local government laws and regulations. The crew supervisor shall be required to speak and understand English.

d. The Community Center will provide for overall safety supervision to ensure that adequate safety measures are taken and the display shall not cause hazards to personal safety during the fireworks display.

e. The Security Forces Squadron will provide sufficient personnel for traffic and crowd control and security of the area during the fireworks display.

f. FSS personnel will escort the Contractor vehicles transporting fireworks and personnel from and to the gates with the POC.

g. The Fire Marshall is responsible for the fire prevention effort and fire crew placement at strategic positions (Fireworks storage, POL, etc). Fire trucks and necessary equipment will be made available during the course of the fireworks display in close coordination with the local District Fire Department.

h. Liability insurance coverage, both bodily injury and property damage, shall be required by the Contractor.

i. The Medical Group Commander will provide an ambulance with medical personnel at the fireworks display location at the specified time.

j. The Contractor shall mark vehicles to indicate that explosive items are being transported.

7. Material and Itemized list:

See attached itemized list.

LIST OF EXPLOSIVES LIBERTY FEST 2016

DESCRIPTION: FIREWORKS DISPLAY FOR 3 JULY 15, 15 MINUTES PERFORMANCE

SIZE ITEM QTY UM NEW TOTAL WEIGHT

10’ Cake 9 ST 0.22 kg 1.98 kg

19’ Cake 10 ST 0.42 kg 4.20 kg

25’ Cake 5 ST 0.55 kg 2.75 kg

40’ Cake 4 ST 0.88 kg 3.52 kg

50’ Cake 20 ST 1.10 kg 22.00 kg

75’ Cake 3 ST 1.65 kg 4.95 kg

80’ Color tail 2 EA 0.32 kg 0.64 kg

98’ Cake 1 ST 1.98 kg 1.98 kg

100’ Cake 2 ST 2.20 kg 4.40 kg

150’ Cake 1 ST 3.30 kg 3.30 kg

240’ Cake 1 ST 3.00 kg 3.00 kg

340’ Cake 1 ST 3.00 kg 3.00 kg

400’ C-c flower 1 EA 3.00 kg 3.00 kg

600’ Peacock 1 EA 3.00 kg 3.00 kg

1” Strobe 10 EA 0.05 kg 0.50 kg

1.5” Gold whirl tail 44 EA 0.022 kg 0.97 kg

2” Mine, Comet 100 EA 0.20 kg 20.00 kg

2” Roman Candle 20 ST 0.63 kg 12.60 kg

3” Display Shells 300 EA 0.20 kg 60.00 kg

4” Display Shells 350 EA 0.35 kg 122.50 kg

5” Display Shells 300 EA 0.70 kg 210.00 kg

6” Display Shells 200 EA 1.10 kg 220.00 kg

8” Display Shells 30 EA 2.50 kg 75.00 kg

10” Display Shells 30 EA 5.20 kg 156.00 kg

12” Display Shells 25 EA 7.1 kg 177.50 kg

TOTAL: 91 ST

1737 EA 1,116.79 kg

NAFIB3-16-Q-0062

NOTICE TO BE INSERTED IN LOCAL SOURCE REQUIREMENTS

REQUIREMENTS BEING SOLICITED FROM LOCAL SOURCES:

All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United States (U.S.) Status of Forces Agreement (SOFA), precludes the U.S. Government from granting Invited Contractor or Technical Representative status to any offeror, for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea as a local source, must submit adequate verification in its initial proposal or quote, that it has the requisite authorization and capacity to compete for the requirement as a local source, and to perform the contract as a local source. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror qualifies as a local source shall be determined by the Contracting Officer.

Buyer Information Park, Cindy Tel: 05033-38-5873 Fax: 02-7918-5446 Email: cindy.l.park.naf@mail.mil

SCHEDULE

1. SUPPLIES OR SERVICES AND PRICES/COSTS:

CLIN Description of Items Qty Unit U/Price 0001 2016 Fireworks Display 1 Job (See attached list/SOW for Detailed information)

TOTAL AMOUNT: KRW .

2. DESCRIPTION/SPECS/WORK STATEMENT:

Items shall be the same or equal to the item description as shown in the schedule paragraph 1.

Site visit has been scheduled for 3 June 2016 at 1000. POC is TSgt Kymdra Toby, (031) 661-7687 (Comm), 784-7687 (Mil), 010-3017-1778 (Cell) and alternate POC is Mr. Anthony Dalton, (031) 661-7664 (Comm), 784-7664 (Mil), 010-4417-6533 (Cell).

Contractor shall provide following information with specification and picture:

Manufacture _____________________________________

Address _________________________________________

Nomenclature ___________________________________

Color __________________________________________

Delivery Time ____________________________________

Warranty __________________________________________ mailto:cindy.l.park.naf@mail.mil

3. INSPECTION AND ACCPETANCE:

The final inspection and acceptance will be performed by the receiving officer or her representative at the receiving point.

4. DELIVERY OR PERFORMANCE:

a. Time of Delivery: Delivery of quantity specified under the schedule is requested no later than (to be determine) days after receipt of order.

b. Delivery Point: The item to be supplied hereunder shall be delivered to as follows:

TO:

OSAN AFB

51 FSS/FSCP

UNIT 2065

APO AP 96278

5. RECEIVING OFFICER:

a. NAFI Manager at receiving point or his/her designee is the receiving officer for the receipt of item.

b. The Receiving Officer is responsible for inspection and acceptance of supplies, and preparation of receiving report (DD Form 250). The Receiving Officer is required to make distribution of the receiving reports to the following address:

Paying Office (See Paragraph 8. b.)

1 Copy to the Contracting Office (See Block # 6 of DA Form 4067-1)

6. CONTRACTOR NOTICE REGARDING LATE DELIVERY: In the event the contractor encounters difficulty in meeting performance requirements or anticipates difficulty in complying with the order delivery schedule or date, he shall immediately notify the Contracting Officer, giving pertinent details; provided however, that this data will be considered informational only and that this provision shall not be construed as a waiver by the Fund of delivery schedules, dates of rights or remedies provided by law or under this order.

7. PRIOR ARRANGEMENT OF DELIVERY: Delivery and acceptance will normally be between 0800 and 1600 on weekdays, except Saturday, Sunday or KN/US Holidays. However, if the contractor encounters difficulty in meeting the required delivery date, delivery and acceptance may be made on Saturdays, Sundays or KN/US Holidays provided the requiring activity is notified no later than 1200 on the last normal working day prior to delivery. If delivery and acceptance is to be a normal working day (Monday thru Friday), the requiring activity shall be notified at least 24 hours in advance of delivery to permit preplanned receiving action.

a. US Government legal holidays are as follows:

(1) 1 January (New Year’s Day)

(2) 3rd Monday, January (Dr. King’s Birthday)

(3) 3rd Monday, February (President Day)

(4) Last Monday, May (Memorial Day)

(5) 4 July (Independence Day)

(6) 1st Monday, September (Labor Day)

(7) 2nd Monday, October (Columbus Day)

(8) 11 November (Veterans’ Day)

(9) 4th Thursday, November (Thanksgiving Day)

(10) 25 December (Christmas Day)

b. ROK legal holidays are as follows:

(1) 1 and 2 January (New Year)

(2) Lunar New Year (31 December, 1 & 2 January on the Lunar Calendar)

(3) 1 March (Independence Movement Day)

(4) 1 May (Labor Day)

(5) 5 May (Children’s Day)

(6) Buddha’s Birthday (8 April on the Lunar Calendar)

(7) 6 June (Memorial Day)

(8) 17 July (Constitution Day)

(9) 15 August (Liberation Day)

(10) Chu-suk (15 and 16 August on the Lunar Calendar)

(11) 3 October (National Foundation Day)

(12) 25 December (Christmas Day)

c. FOR ARMY AND OTHER PROJECTS work hours shall be from 0800 hours through 1600 hours, Monday through Friday.

8. ORDER ADMINISTRATION DATA:

a. Consideration and payment: In consideration for the performance accepted hereunder the Paying Office will make payment to the contractor via Electronic Funds Transfer (EFT) no later than 30 days from date of receipt of invoice in paying office or acceptance of material, whichever is later.

b. Invoices for payment shall be submitted to the following address with bank information (Email submission will be accepted):

AFPC/SVTEA (Accounts Payable) 2261 Hughes Ave, Suite #156 Lackland AFB, TX 78236-9852

Fax: (210) 395-7720/ ap.invoices@afsv.net

9. TAX EXEMPTION, VALUE ADDED TAX, REPUBLIC OF KOREA

This clause implements Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, which exempts contractors from paying the Republic of Korea Value-Added Taxes. When the contractor submits an offer, it shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any Value-Added Tax; and further, that the proposed contract price includes no Value-Added Tax. The contractor shall also indicate the amount and type of Value-Added Taxes excluded from the contract price. If supplies and/or services which the contractor purchases for this contract include Value-Added Taxes, it can obtain a full refund for the amount of the Value-Added Tax by submitting to the ROK District Tax Office tax invoices which the contractor receives when it purchases materials and/or services for this contract. The contractor must submit a copy of the USFK contract with its first tax invoice submission. Subsequent tax invoice submissions must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

Contract Clauses Nonappropriated Fund Supply and Service Contracts is attached hereto and made a part hereof.

SECTION I. CONTRACT CLAUSES:

BI.001 DEFINITIONS (NOV 2004)

(a) "Head of the agency" (also called "agency head"), including any deputy or assistant chief official of the agency; and the term "authorized representative" means any person, persons, or board (other than the Contracting Officer) authorized to act for the head of the agency or Secretary.

(b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(c) "Commercial Item" means a product or a service (e.g., items, supplies, materials, components) sold or traded to the general public in the course of conducting normal business operations at established catalog or market prices.

(d) Except as otherwise provided in this contract, the term "subcontracts" includes, but is not limited to, purchase orders and changes and modifications to purchase orders under this contract.

(End of clause)

BI.002 NONAPPROPRIATED FUND INSTRUMENTALITY (NOV 2004)

The Nonappropriated Fund Instrumentality (NAFI), which is party to this contract, is a nonappropriated fund instrumentality of the Department of the Army. NO APPROPRIATED

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

BY REASON OF THIS CONTRACT. This contract is NOT subject to The Contract Disputes Act of 1978.

(End of clause)

BI.004 PROTECTING THE NAFI'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED OR PROPOSED FOR DEBARMENT (DEC 2010)

(a) The Government suspends or debars Contractors to protect the Government's/NAFI's interests. The Contractor shall not enter into any subcontract in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so.

(b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $30,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(c) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the Excluded Parties List System). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being in the Excluded Parties List System.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in the Excluded Parties List System.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the NAFI's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

BI.005 MATERIAL REQUIREMENTS (NOV 2005)

(a) Definitions. As used in this clause-

"New" means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet contract requirements, including but not limited to, performance, reliability, and life expectancy.

"Reconditioned" means restored to the original normal operating condition by readjustments and material replacement.

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

"Remanufactured" means factory rebuilt to original specifications.

"Virgin material" means-

(1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or

(2) Any undeveloped resource that is, or with new technology will become, a source of raw materials.

(b) Unless this contract otherwise requires virgin material or supplies composed of or manufactured from virgin material, the Contractor shall provide supplies that are new, reconditioned, or remanufactured, as defined in this clause.

(c) A proposal to provide unused former Government surplus property shall include a complete description of the material, the quantity, the name of the Government agency from which acquired, and the date of acquisition.

(d) A proposal to provide used, reconditioned, or remanufactured supplies shall include a detailed description of such supplies and shall be submitted to the Contracting Officer for approval.

(e) Used, reconditioned, or remanufactured supplies, or unused former Government surplus property, may be used in contract performance if the Contractor has proposed the use of such supplies, and the Contracting Officer has authorized their use.

BI.010 INVOICES (APR 2011)

(a) An invoice is a written request for payment under the contract for supplies delivered or for services rendered. In order to be proper, an invoice must include as applicable the following:

(1) Name and address of the contractor.

(2) Invoice date.

(3) Contract number or other authorization for supplies delivered, services performed (including order number and contract line item number).

(4) Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed.

(5) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government/NAFI bills of lading.

(6) Name and address of contractor official to whom payment is to be sent (must be the same as that on the contract or on a proper notice of assignment).

(7) Name (where applicable), title, phone number, mailing address of person to be notified in event of defective invoice.

(8) Any other information or documentation required by the contract (such as evidence of shipment). Invoices shall be prepared and submitted in duplicate (one copy shall be marked "original") unless otherwise specified.

(b) For purposes of determining if interest begins to accrue under the Prompt Payment Act (Public Law 97-177, as amended).

(1) A proper invoice will be deemed to have been received when it is received by the office designated in the contract for receipt of invoices and acceptance of the supplies delivered or services rendered has occurred;

(2) Payment shall be considered made on the date on which check for such payment is dated;

(3) Payment terms (e.g., "net 20") offered by the contractor will not be deemed a "required payment date"; and

(4) The following periods of time will not be included:

(i) after receipt of an improper invoice and prior to notice of any defect or impropriety, but not to exceed 7 days (3 days on contracts for meat food products, and 5 days on contacts for perishable agricultural commodities, dairy products, edible fats or oils and food products prepared from edible fats or oils);

and

(ii) between the date of a notice of any defect or impropriety and the date a proper invoice is received. When the notice is in writing, it shall be considered made on the date shown on the notice.

(5) If the NAFI makes payment by Electronic Funds Transfer (EFT) (see applicable contract clause). In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purposes of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

BI.011 EXAMINATION OF RECORDS (NOV 2005)

(a) The Contractor agrees that the Contracting Officer or the Contracting Officer's 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 until the expiration of three years after the final payment under the contract.

(b) The Contractor agrees to include the clause in (a) above, in all subcontracts.

BI.049 PRIVACY ACT NOTIFICATION (NOV 2004)

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. Violations of the Act may involve the imposition of criminal penalties.

BI.050 PRIVACY ACT (NOV 2004)

(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.

BI.055 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (DEC 2010)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR Chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn/. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR Chapter V and/or on OFAC's website at http://www.treas.gov/offices/enforcement/ofac.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

(End of clause)

BI.068 PAYMENTS (NOV 2004)

The NAFI will pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payments will be made on partial deliveries accepted by the NAFI if-

(a) The amount due on the deliveries warrants it, or

(b) The Contractor requests it and the amount due to the deliveries is at least $1,000 or 50 percent of the total contract price.

BI.070 DISCOUNTS FOR PROMPT PAYMENT (NOV 2004)

(a) Discounts for prompt payment will not be considered in the evaluation of offers.

However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, offerors awarded contracts may include prompt payment discounts on individual invoices.

(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and NAFI financial management activities are not expected to be conducted, payment may be made on the following business day.

BI.073 EXTRAS (NOV 2004)

Except as otherwise provided in this contract, no payment for extras shall be made unless the Contracting Officer has authorized such extras and the price in writing.

(End of clause)

BI.074 PROMPT PAYMENT (APR 2011)

Notwithstanding any other payment clause in this contract, the NAFI will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. All days referred to in this clause are calendar days, unless otherwise specified.

(However, see subparagraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments-

(1) Due date.

(i) Except as indicated in subparagraph (a)(2) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

(A) The 30th day after the designated billing office has received a proper invoice from the Contractor (except as provided in subdivision (a)(1)(ii) of this clause).

(B) The 30th day after Government/NAFI acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice; provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Certain food products and other payments.

(i) Due dates on Contractor invoices for meat, meat food products, or fish;

perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are-

(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C.182(3)), and as further defined in Pub.L.98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.

(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C.4003(3)), as close as possible to, but not later than, the 7th day after product delivery.

(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C.499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.

(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification.

Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.

(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in subdivisions (a)(3)(i) through (a)(3)(viii) of this clause. If the invoice does not comply with these requirements, it shall be returned within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared from edible fats or oils), with a statement of the reasons why it is not a proper invoice. Untimely notification will be taken into account in computing any interest penalty owed the Contractor in the manner described in subparagraph (a)(5) of this clause.

(i) Name and address of the Contractor.

(ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

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

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

(ix) While not required, the Contractor is strongly encouraged to assign an identification number to each invoice.

(4) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in subdivisions (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government/NAFI business is not expected to be conducted, payment may be made on the following business day without incurring a late payment interest penalty.

(i) The designated billing office received a proper invoice.

(ii) A receiving report or other Government/NAFI documentation authorizing payment was processed, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the NAFI and the Contractor.

(5) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611, however other provisions of the Act are not applicable to NAFIs see Disputes Clause) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority (e.g., tariffs). This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the NAFI until the payment date of such approved principal amount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice principal payment amount and will be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor of a defective invoice within the periods prescribed in subparagraph (a)(3) of this clause, the due date on the corrected invoice will be adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be made by the designated payment office for errors in calculating interest penalties.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government/NAFI acceptance shall be deemed to have occurred constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government/NAFI officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The following periods of time will not be included in the determination of an interest penalty:

(A) The period taken to notify the Contractor of defects in invoices submitted to the NAFI, but this may not exceed 7 days (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils).

(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.

(C) For incorrect electronic funds transfer (EFT) information, in accordance with the EFT clause of this contract.

(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause Disputes, or for more than 1 year. Interest penalties of less than $1 need not be paid.

(iv) Interest penalties are not required on payment delays due to disagreement between the NAFI and the Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause entitled Disputes.

(6) Prompt payment discounts. The designated payment office also shall pay an interest penalty automatically without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in subparagraph (a)(5) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid.

(7) Additional interest penalty.

(i) A penalty amount, calculated in accordance with subdivision (a)(7)(iii) of this clause, shall be paid in addition to the interest penalty amount if the Contractor-

(A) Is owed an interest penalty of $1 or more;

(B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and

(C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with subdivision (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.

(ii)(A) Contractors shall support written demands for additional penalty payments with the following data. No additional data shall be required. Contractors shall-

(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;

(2) Attach a copy of the invoice on which the unpaid late payment interest was due; and

(3) State that payment of the principal has been received, including the date of receipt.

(B) Demands must be postmarked on or before the 40th day after payment was made, except that-

(1) If the postmark is illegible or nonexistent, the demand must have been received and annotated with the date of receipt by the designated payment office on or before the 40th day after payment was made; or

(2) If the postmark is illegible or nonexistent and the designated payment office fails to make the required annotation, the demand's validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made.

(iii)(A) The additional penalty shall be equal to 100 percent of any original late payment interest penalty except

(1) The additional penalty shall not exceed $5,000;

(2) The additional penalty shall never be less than $25; and

(3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.

(B) If the interest penalty ceases to accrue in accordance with the limits stated in subdivision (a)(5)(iii) of this clause, the amount of the additional penalty shall be calculated on the amount of interest penalty that would have accrued in the absence of these limits, subject to the overall limits on the additional penalty specified in subdivision (a)(7)(iii)(A) of this clause.

(C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each separate payment made for each separate contract. The maximum and minimum additional penalty shall not be based upon individual invoices unless the invoices are paid separately. Where payments are consolidated for disbursing purposes, the maximum and minimum additional penalty determination shall be made separately for each contract therein.

(D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation).

(b) Contract financing payments-

(1) Due dates for recurring financing payments. If this contract provides for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the 30TH day after receipt of a proper contract-financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified.

(2) Due dates for other contract financing. For advance payments, loans, or other arrangements that do not involve recurring submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.

(3) Interest penalty not applicable. Contract financing payments shall not be assessed an interest penalty for payment delays.

(c) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government/NAFI has otherwise overpaid on a contract financing or invoice payment, the Contractor shall

(1) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the -

(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(ii) Affected contract number and delivery order number if applicable;

(iii) Affected contract line item or subline item, if applicable; and

(iv) Contractor point of contact.

(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

BI.077 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER (NOV 2004)

(a) Method of payment. All payments by the NAFI under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (b) of this clause.

(b) Exceptions to the EFT are as follows:

(1) Contracts awarded to companies located in OCONUS

(2) Contracts denominated or paid in other than US currency

(3) Classified contracts when such payments would compromise national security

(4) Contracts executed by deployed Contracting Officers in the course of military operations

(5) Contracts executed by any Contracting Officer in the course of emergency operations, e.g., responses to natural disaster or national or civil emergencies

(c) Waiver. The servicing accounting office may waive payment by EFT under the following…