NAFIB3-17-R-0015.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 45

On Behalf Of Region Single MWR Funds-Pacific

USAGY INSTALLATION REC EVENTS

a. NAME OF CONSIGNEE

9. DESTINATION

(See Schedule)

OTHER

FOB DESTINATIONX

7. DELIVERY

Multiple

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

3. REQUISITION/PURCHASE REQUEST NO.2. DATE ISSUED

NAFIB3-17-R-0015

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. 05/30/2017 1300 LKT

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:

APO 96205-5333

UNIT #15333

IMCOM KOREA, MWR DIVISION

{CONTACT NAME}

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)

Site visit has been scheduled for 22 May 2017 at 11:00 A.M at Lombardo Field The POC is Mr. Timothy Higgs Email: timothy.p.higgs2.naf@mail.mil Phone: 02-7913-3346

Please contact Mr. Higgs at the above if you need to be escorted on the installation.

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

NAFIB3-17-R-0015

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 GENERAL. This is a Contract to procure fireworks displays at USAG-Yongsan, Directorate of Family Morale, Welfare and Recreation (DFMWR), (hereafter referred to as the NAFI). OFFEROR shall provide a firm-fixed fee for all Contract Line Item Numbers (CLINs) in the Section B below. USAG- Yongsan, Directorate of Family Morale, Welfare and Recreation is a Nonappropriated Fund Instrumentality (NAFI).

B-2 SERVICES. The OFFEROR shall provide all labor, tools, materials, equipment, licenses, permits, insurance, taxes, transportation, disposal, quality control, supervision and management to professionally provide a firework displays for the 4th of July and 2nd of September community events as stipulated in B-4 and C-5 below.

B-3 CONTRACT TYPE. The contract type is a firm-fixed price. Prices shall be itemized in Section B-4 Price Schedule and shall be fully burdened to include overhead, general and administrative expenses, profit, and general excise tax (if applicable to government contracts).

B-4 PRICE SCHEDULE. The services rendered shall comply with the terms and conditions of the contract and shall remain fixed during the specified contract period.

DESCRIPTION OF SERVICES

OFFEROR shall provide all labor, tools, materials, equipment, licenses, permits, insurance, taxes, transportation, disposal, quality control, supervision, and management to provide a fireworks display in accordance with the Scope of Work set out in Section C-5.

CLIN DESCRIPTION QTY UNIT AMOUNT

0001 4th of July Celebration 1 LS $

0002 2 of September Fall Festival 1 LS $

B-5 PREPROPOSAL CONFERENCE & SITE VISIT:

(a) CONTRACTOR is required to inspect the site where the services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of the contract performance to the extent that the information is reasonably obtainable. In no event shall the failure to inspect the site constitute grounds for a claim after contract award. A formal site visit will be conducted on Monday, 22 May 2017, @ 11:00 AM at Lombardo Field located at USAG-Yongsan. Please contact the Director of Special Events, Mr. Tim Higgs at 02-7913-3346 or via email at timothy.p.higgs2.naf@mail.mil regarding questions about the site visit.

(b) Independent consultation concerning the project requirements is prohibited. Verification of data must be obtained by contacting the Contracting Officer; questions regarding design, coordination, or interpretation of solicitation requirements shall be directed to the Contract Specialist or the Contracting Officer. Requests for information (RFI) must be submitted to the Contract Specialist Cindy Park, via email Cindy.l.park.naf@mail.mil no later than Wednesday, 24 May 2017 at 10:00 AM (LT). Requests for Information must be submitted via e-mail and include in the email title the following: “NAFIB3-17-R-0017

RFI.”

mailto:timothy.p.higgs2.naf@mail.mil mailto:Cindy.l.park.naf@mail.mil

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 PROJECT COORDINATION: This project shall be coordinated by the POC with the CONTRACTOR. This project requires a complex level of effort of coordination and as such the successful CONTRACTOR shall provide and strictly adhere to the plans and specifications once accepted by Contracting Officer.

C-2 TECHNICAL REQUIREMENTS

Copies of all correspondence regarding questions and/or clarifications shall be immediately forwarded to:

CINDY PARK

CONTRACT SPECIALIST

PH: 02-7918-5873

EMAIL: Cindy.l.park.naf@mail.mil

C-3 INFORMATION VERIFICATION

OFFERORS shall have the responsibility to examine and determine for themselves, the existing conditions and general character of the site. Verbal descriptions of conditions shall not be used as a substitute for physical inspection of the site. Claims for additional cost due to the conditions that should and could have been verified by a site visit will NOT be permitted.

C-4 DEFINITIONS

a. NAFI. Refers to the Nonappropriated Fund Instrumentality, reference Section I, I-2.

b. Contracting Officer (KO). The Contracting Officer is the agent responsible for the execution of the contract requirements on behalf of the NAFI. The KO has the authority to enter into, administer, terminate contracts, and make related determinations and findings. Contracting Officers may bind the NAFI only to extent of the authority delegated to them.

c. Point of Contact (POC). The POC ensures the CONTRACTOR is performing in accordance with the terms and conditions of the contract. The POC does not have the authority to award a contract, agree to, or issue a change to the contract.

d. OFFEROR. The person or entity submitting a proposal in response to a Request for Proposal.

e. CONTRACTOR. The person or entity awarded a contract in response to a Request for

Proposal.

f. Federal Holidays. Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, New

Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, and Labor Day.

g. Quality Assurance. Those actions taken by the TPOC and the Contracting Officer to ensure services meet the requirements of the contract.

h. Quality Control. Those actions taken by the CONTRACTOR to control the performance of services so they meet the requirements of the contract and they are commensurate with standard commercial practices. It is the responsibility of the CONTRACTOR to maintain an effective Quality Control Plan throughout the term of the contract.

mailto:Cindy.l.park.naf@mail.mil

C-5 STATEMENT OF WORK

C-5.1 FIREWORK DISPLAY

a. The Contractor shall provide all necessary labor, materials, supplies, permits, authorizations required in accordance with rules, regulations, laws, and equipment to provide an electronically fired firework display for the 4th of July and 2nd of September, 2017.

b. The Contractor shall provide an aerial fireworks display with different effects, brightness, and duration of color, unique patterns and styles, variety, show timing and choreography. The design emphasis shall be on beauty and impact, with use of brilliant shell patterns, vivid colors and thundering reverberation. See J.1- List of Patterns.

c. Duration of Display: The entire duration of production shall be flowing with no lulls or “dead air” (over 30 seconds). Display shall begin at approximately 8:30 PM and be a minimum of 15-20 minutes in length.

d. Visual Shots: The show shall have a minimum of 5000 shots from 1.5-5 inch in size. High aerials shall be proportionally higher in count.

e. Display Design:

1. Opening Salute: Display performance begins with the simultaneous ignition of multiple aerial shells.

2. Display/Main Body: Display of distinctive and exciting pyrotechnic effects with varying configurations and luminescent colors.

3. Grand Finale: Virtual assault with numerous pyrotechnic devices launched skyward.

f. Clearance: All shots shall rise and explode above the tree line as viewed from the spectator area. The audience is in close proximity of the firing point.

g. The Contractor shall synchronize with the NAFI Event Coordinator via cellular telephone or radio, confirmed firing time and firing cue transmission. The display operator will maintain contract with assigned coordinator throughout display preparation and procedures to address any production concerns or potential program changes.

h. Contractor shall be responsible for the storage and safeguard of equipment. This shall include security of pyrotechnic devices from point of arrival on the Garrison throughout the display of the production and completion of post-display procedures.

i. Contractor shall be responsible for preparation of pyrotechnics for transportation and shipment from the Contractor’s facility to the event site. Transportation of pyrotechnics to Lombardo Field access gate (Gate #13) and designated firing site shall be in accordance with Federal DOT regulations.

Drivers shall be required to have a Commercial Drivers License (CDL). No fireworks or flammable materials shall be stored or unloaded from the Contractor’s truck onto NAFI property prior to 0800 July 4, 2017 and September 2, 2017.

j. Contractor shall, at all times, maintain the fireworks “set-off site” in a safe, clean, and orderly condition.

k. Contractor shall supervise the policing of the fall-out area and disposal of any unexploded, partially burned pyrotechnic or hazardous materials found. The Contractor display operator will maintain a “cool down” period of at least thirty (30) minutes before approaching the display discharge area and mortars. After waiting the required length of time, the operator will approach mortars carefully and conduct an inspection in the safest manner possible. Crew members will be assigned to inspect the display fallout area for any unexploded ordinance. In the event unexploded pyrotechnic devices are received, they shall be returned to the Contractor facility for destruction and/or shipment back to the manufacturer in accordance with the manufacturer’s instructions. The policing will be accomplished by 0000, July 5, 2017 and September 3, 2017.

Once the zone has been determined to be clear of hazards, the security personnel may then depart from their assigned stations. At this time, the NAFI personnel assigned to the cleanup of the display fallout zone may begin clearing of all nonhazardous display debris and rubbish.

Contractor display coordinator will supervise all post display equipment breakdown, as well as, the clearing, recovery, and removal of any unexploded ordinance. Large display debris will be picked up and loaded along with display equipment and mortars into the Contractor’s truck(s) in preparation for departure from the Garrison. Operator and crew will depart from the display site via the most direct route.

SECTION D – PACKAGING AND MARKING

NOT APPLICABLE.

[INTENTIONALLY LEFT BLANK]

SECTION E – INSPECTION AND ACCEPTANCE

E-1 INSPECTION OF SUPPLIES (NOV 2004) BE.001

(a) The Contractor shall provide and maintain an inspection system acceptable to the NAFI covering supplies under this contract and shall tender to the NAFI for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirement. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the NAFI during contract performance and for as long afterwards as the contract requires. The NAFI may perform reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(b) The NAFI has the right to inspect and test all supplies called for by the contract, to the extent practicable at all places and times, including the period of manufacture, and in any event before acceptance. The NAFI shall perform inspections and tests in manner that will not unduly delay the work.

The NAFI assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(c) If the NAFI performs inspection or tests on the premises of the Contractor or a subcontractor, the

Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the NAFI shall bear the expense of NAFI inspections or tests made at other than the Contractor’s or subcontractors premises; provided, that in case of rejection, the NAFI shall not be liable for any reduction in the value of inspection or test samples.

(d) When supplies are not ready at the time specified by the Contractor for inspection or test, the

Contracting Officer may charge to the Contractor the additional cost of inspection or test. The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes re-inspection or retest necessary.

(e) The NAFI has the right either to reject or to require correction of nonconforming supplies.

Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The NAFI may reject nonconforming supplies with or without disposition instructions.

(f) The Contractor shall remove supplies rejected or required to be corrected. However, the

Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(g) If the Contractor fails to promptly remove, or correct rejected supplies that are required to be removed or be replaced or corrected, the NAFI may either

(1) By contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(h) The NAFI shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. NAFI failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the NAFI, for nonconforming supplies.

(i) Inspections and tests by the NAFI do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(j) If acceptance is not conclusive for any of the reasons in paragraph (j) hereof, the NAFI, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor-

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contactor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the NAFI shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the NAFI thereby.

E-2 INSPECTION OF SERVICES (NOV 2004) BE.002

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

(b) The NAFI has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The NAFI shall perform inspections and tests in a manner that will not unduly delay the work.

(c) If the NAFI performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in the contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

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

Contractor to perform the services again in conformity with contract requirements, at no increase in the contract amount. When the defect in services cannot be corrected by re-performance, the NAFI may-amount. When the defects in services cannot be corrected by re-performance, the NAFI may-

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

2. Reduce the contract price to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the NAFI may-

1. By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the NAFI that is directly related to the performance of such service; or

2. Terminate the contract for default.

SECTION F – DELIVERIES OF PERFORMANCE

F-1 PERIOD OF PERFORMANCE:

July 4th 2017

September 2, 2017

F-2 LIQUIDATED DAMAGES-CONSTRUCTION (NOV 2004) (BF.002)

(a) If the CONTRACTOR fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall in place of actual damages, pay to the NAFI liquidated damages of $2,000.00 per calendar day of delay.

(b) If the NAFI terminates this contract in whole or in part under the clause Default Fixed-Price Supply and Service, the Contractor is liable for liquidated damages accruing until the NAFI reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the contractor and without the fault or negligence of the Contractor as defined in the clauses Default-Fixed-Price Supply and Service in this contract.

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 CONTRACT ADMINISTRATION

a. All contract administration will be provided by Cindy Park, Contract Specialist unless otherwise changed via a written contract administration:

ATTN: Cindy Park

Army NAF Contracting Korea Bldg, 4099

Unit 15742

APO AP 96205

b. Questions, concerns, problems will be handled directly between the POC and CONTRACTORs point of contact. If the problem or concern cannot be resolved at this level, then the issue will be elevated to the Contracting Officer.

G-4 MODIFICATIONS AND TERMINATIONS. Any modifications by the Contracting Officer to this contract shall be accomplished in writing. The terms of this Agreement will reflect all policy changes set forth in any subsequent updates to the AR-215-4, entitled “Nonappropriated Fund Contracting,” or any successor regulation.

G-5 CONSIDERSATION, INVOICES AND PAYMENT

a. The Fund shall pay the CONTRACTOR upon satisfactory performance of the work and services ordered and approved by the TPOC and upon submission by the CONTRACTOR’s invoices.

Invoices shall be prepared in original and electronically sent to the TPOCC indicated on the delivery order.

b. The CONTRACTOR shall forward proper invoices which shall contain the following minimum information: contract number, description of project, percentage of work complete with corresponding payment request (including dates) and accumulative totals.

c. Payment office:

Central Accounting Office Army Finance and Accounting Service-Korea Attn: EARM-FMC-CA Unit #15236

APO AP 96205-5236

Usarmy.yongsan.8-army.mbx.175-fmsc-cao-documents@mail.mil

G-6 INSTRUCTIONS BY UNAUTHORIZED THIRD PERSONS

Instructions given to the CONTRACTOR by an unauthorized agent, or employee of USAG- Yongsan, or member of the NAFI, nor the TPOC (unless approved by the Contracting Officer) before or after the CONTRACTOR has been served with the contract will not affect any of the requirements of the work contained herein. Any actions taken by the CONTRACTOR taken without the Contracting Officer’s authorization will not be grounds for subsequent claims or payment of any unauthorized work performed by the CONTRACTOR.

mailto:Usarmy.yongsan.8-army.mbx.175-fmsc-cao-documents@mail.mil

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1 PROTECTION OF PROPERTY, EQUIPMENT, AND VEGETATION

The CONTRACTOR shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the USAG-Yongsan property. If the CONTRACTOR’s failure to use reasonable care causes damage to any of this property, the CONTRACTOR shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the CONTRACTOR fails or refuses to make such repair or replacement, the CONTRACTOR shall be liable for the cost.

H-2 INSURANCE. During the contract term, the CONTRACTOR and its SUBCONTRACTORs (if applicable) shall maintain at least the minimums specified hereunder and not less than those required by Federal and State law:

TYPE OF INSURANCE MINIMUM AMOUNTS

(i) Workman’s Compensation and all occupational disease.

(As prescribed or required by state law, accidental bodily injury or death, or for occupational disease.)

(ii) Employer’s liability including all occupational disease when not so covered in Workmen’s Compensation above.

$1,000,000 per accident

(iii) General Liability (Comprehensive) Bodily Injury and Property Damage per occurrence***

$2,000,000

(iv) Automobile Liability (Comprehensive) Bodily Injury per person Bodily Injury per occurrence Property Damage per accident

$1,000,000 $1,000,000 $ 100,000

***Note: The NAFI shall be named as an additionally insured party.

a. The CONTRACTOR shall be fully responsible to the NAFI for all of its subcontractors and professional consultants.

b. Prior to the commencement of work hereunder, the CONTRACTOR shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interest of the NAFI in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The CONTRACTOR agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

H-3 SAFETY. The CONTRACTOR shall take proper safety and health precautions to protect the work, the workers, the Public and the property of others. The CONTRACTOR shall take adequate safety measures and indemnify the NAFI in the events of injuries.

H-4. CONTRACTOR AND CONTRACTOR--PERSONNEL ACCESS DURING HEIGHTEND FORCE

PROTECTION CONDITIONS. The CONTRACTOR is responsible for ensuring that each of its personnel fully complies with the following provisions, and shall flow down to its Sub-CONTRACTORs to satisfy this contractual obligation. The CONTRACTOR is responsible for providing information required to obtain passes, permits, or clearances required for CONTRACTOR personnel or equipment access. This responsibility includes, but is not limited to, the specific requirements delineated below.

H-4.1 ACCESS PROCEDURES ARE MANDATORY

(a) The NAFI will provide passes for entry into the facility. IAP Passes-Pre-display coordination, IAP to facilitate the issuance of required passes at least one week in advance of the July 4th and September 2nd 2017 event date to ensure the Contractor is available to produce required documentation and to sign for, and pick up appropriate passes from the IAP office in accordance with any USAG-Yongsan security measures.

(b) The NAFI will provide authorization to park one (1) large truck containing display racks and mortar (no explosives) as close as possible to the display-firing site.

(c) The NAFI will provide a map indicating the most direct route available for use by the arriving Contractor crew and drivers.

H-5 DENIAL OF ACCESS. USAG-Yongsan has broad authority to remove or exclude any person in fulfilling his/her responsibility to protect personnel and property, to maintain good order and discipline. In the exercise of this authority, USAG-Yongsan may refuse to grant access or may bar CONTRACTOR personnel, including personnel who have previously been granted access. Refusal to grant personnel access or debarment of personnel does not relieve the CONTRACTOR of the responsibility to continue performance under this contract. Among other reasons, access may be denied if it is determined that the CONTRACTOR personnel:

(a) Is on the National Terrorist watch List

(b) Is illegally present in the United States

(c) Is subject to an outstanding warrant

(d) Has been issued a debarment order.

H-5.1 CONTRACTOR PERSONNEL IDENTIFICATION. CONTRACTOR personnel performing work under this contract shall be readily identifiable as CONTRACTOR personnel through the use of uniforms or nametags, or via an alternate method approved by the Contracting Officer.

H-5.2 CONTRACTOR PERSONNEL COMPLIANCE. CONTRACTOR personnel shall observe and comply with all USAG-Yongsan rules and regulations applicable to CONTRACTOR personnel, including those applicable to the safe operation of vehicles, and shall not be present in locations not required for the proper performance of this contract. CONTRACTOR personnel and equipment entering USAG- Yongsan property are subject to security checks. CONTRACTOR personnel shall follow any direction given by Military Police or other security or safety personnel.

H-6 NAFI'S RESPONSIBILITY

(a) Firing Site Closure: The NAFI will establish and maintain the safety-zone and support the area with stand-by fire trucks and ambulances. The NAFI will provide approval from authorized parties and Federal Fire Department to close parking lots and three buildings within estimated fallout zone (adjacent to and/or fronting designated firing site). The indicated parking area and buildings must remain closed from 0800 through 2345 (throughout display set up, display firing and the conduct of all pre and post display safety procedures).

(b) Road Closure: The NAFI will provide approval from authorized parties to close roads throughout display firing; beginning fifteen (15) minutes prior to firing time, during firing, and until completion of post display “sweep “for hazardous materials. Total estimated time of closure is a minimum of fifty (50) minutes.

(c) Fire Prevention: The NAFI will provide access to the nearest water source(s) at specific points around discharge site and supply the proper fittings and/or hoses to utilize that source for fire prevention methods. During a dry season, the NAFI shall insure the area is watered down to prevent hot spots or burning of debris in the area.

The NAFI will coordinate the provision of fire trucks with personnel dedicated to standby throughout the display firing to monitor hot debris and any potentially hazardous conditions, and ambulances with emergency personnel for prompt medical response should the need arise. All fire emergency personnel should stand ready and maintain their position beginning at least fifteen (15) minutes prior to display firing, during the display; after the display, until post-display safety procedures have been completed and the “all clear” signal has been received from the display operator (typically thirty (30) minutes after conclusion of display firing).

(d) Security-Military Police: The NAFI will provide sufficient military police/security guards as required for the clearance, closure, barricade, security, and monitoring of the safety perimeter, display firing site and entire safety/fallout zone. The indicated areas are to be considered as off-limits beginning at 0800 through 2345. Officers must enforce “no access” requirements and ensure all areas remain secure and unoccupied. Actual area and/or safety distance required will be based on prevailing conditions on the day of the event ad at display firing time(s). The NAFI will also provide additional security assistance as deemed necessary for the closure of the road(s), and monitoring the fallout zone perimeter immediately prior to display, during firing, and until “all clear” signal has been received from the display operator following completion of post display safety procedures. The security timeframe, number of personnel and locations will be established at the Pre-planning Meeting.

(e) No NAFI personnel or equipment will be used in the preparation and delivery of the fireworks display, the clean-up of spent shell fragments, or the search for unexploded shells.

H-7 NAFI SECURITY PROCEDURES

(a) The NAFI will erect physical barricades from 0800 through 2345. Physical barricades must be erected in specific locations to help prevent all entry into off-limits areas throughout the display operation.

(b) Between 0900 and 0100 (beginning time dependent upon Contractor arrival on site) through

2150, Military Police Officers and/or designated Security Officers are to secure and patrol the barricaded areas display firing site and safety/fallout zones, all display preparations and set up procedures. The officers must prevent all entry into potentially hazardous areas as the Contractor display equipment is setup, pyrotechnic devices are unloaded from the Contractors truck(s), positioned and secured, and loading and wiring procedures have commenced. The entire area will be deemed “off limits” to all people, including but not limited to; the general public, military personnel, families and guests, pedestrians, spectators and all unauthorized personnel. Only authorized Contractor personnel staff will be allowed in this area not withstanding any provision contained elsewhere in this contract, said authority remains solely with the Contracting Officer.

H-8 PRELINARY PRE-PLANNING MEETING

Preliminary Safety Meeting and Planning: Upon contract award, the Contractor shall attend a meeting with the COR and Safety Officer, USAG-Yongsan, and the Military Police, Fire and Security Personnel to discuss the initial plan of action for the fireworks display. Topics to be discussed will include the shipment and transport of pyrotechnics and equipment onto the base, display preparation and setup procedures and specific requirements for securing of the display discharge site and off limit areas prior to, during, and after display firing has been completed.

H-9 IDENTIFICATION OF CONTRACTOR'S EMPLOYEES

a. All persons hired by the CONTRACTOR for performance under this contract requiring entry to a U.S. Government installation shall be processed through the Contracting Officer, or his/her representative, and approved for entry as required by for CONTRACTORs requiring entry onto a U.S.

Army installation, AR 604-5, AR 606-15. Additional requirements may be necessitated by local supplements to the above-mentioned regulations. The CONTRACTOR shall be responsible for furnishing to each employee, and for requiring each employee engaged on the work to display, identification as approved and directed by the Contracting Officer. Prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon release of any employee. CONTRACTOR and Sub- CONTRACTOR personnel shall wear identifying markings on hard hats clearly identifying the company for whom the employee works.

b. In addition, the CONTRACTOR shall ensure that each of its employees requiring entry possesses an identification badge or pass as may be required by the Provost Marshall for the area in which the contract work is to be performed, for entry onto U.S. Army installations. Each employee shall be required to wear his badge upon his person at all times while on duty within a U.S. Government installation or at such times and places where identification is required. In the event that the CONTRACTOR’s employment of anyone for performance of this contract terminates or is suspended, or that any CONTRACTOR employee otherwise is removed from performance of this contract, the CONTRACTOR shall recover from each such employee all identification items, including passes, that tend to associate the employee with this contract, and shall return to the Contracting Officer any such identification items and passes that the Government previously issued.

c. Control of security passes: The CONTRACTOR shall return passes, issued for contract performance, to the TPOC, upon the incidence of the following circumstances:

(1) Completion or termination of the contract

(2) Termination, suspension, or removal of an employee who has been issued such a pass

(3) Specific request of the TPOC when the fact of abuse of the use of passes has been established

(4) Specific request of the TPOC due to reasons of faulty workmanship by CONTRACTOR employees

d. In the event that services to be performed entail access to restricted areas, all CONTRACTOR personnel requiring such access shall be required to have a background investigation, DD Form 441.

The CONTRACTOR shall submit to the TPOC within 5 calendar days after date of contract award, a list of its employees who will require a background investigation in accordance with this provision.

H-10 LIABILITY AND SECURITY

a. Liability:

(1) The CONTRACTOR shall be:

(i) Liable to the NAFI for loss of or damage to property, real and personal, owned by the NAFI or for which the NAFI is liable;

(ii) Responsible for, and hold the NAFI harmless from, loss of or damage to property not included in

(i) above; and

(iii) Responsible for, and hold NAFI harmless from bodily injury and death of persons occasioned either in whole or in part by the negligence or fault of the CONTRACTOR, his officers, agents, or employees in the performance of work under this contract.

(2) This subparagraph will not apply to those classes of property (e.g., NAFI furnished property, NAFI property furnished for repair or other services) for which standards of CONTRACTOR liability are established by a clause also included in this contract.

(3) Decisions of the Contracting Officer with respect to liability will be subject to the "Disputes" clause of the contract.

b. Prevention of Pilferage:

(1) The CONTRACTOR shall institute and maintain adequate controls and security measures to prevent pilferage throughout the period of the contract including the time that property as described in a(1) (i) and (ii) above is under the CONTRACTOR's control. The CONTRACTOR shall submit immediately to the Contracting Officer information or knowledge he may have concerning such pilferage.

(2) In the event that the CONTRACTOR's employees by direct act or otherwise commit, condone, fail to report, or otherwise are illegally involved in the pilferage of NAFI Property, the CONTRACTOR shall remove such individuals from work under this contract, if so directed by the Contracting Officer.

c. The rights of the NAFI arising from this article are in addition to other rights set forth in the contract or other rights to which the NAFI is otherwise entitled. Nothing in this article shall be construed to limit these rights nor shall any other provision of this contract be construed to limit the rights of the NAFI under this provision.

d. Report of damage, destruction, injury or death:

In cases where US Government equipment or cargo, or other property of any type, nature of description, whether owned by the NAFI or not, is damaged or destroyed through acts of the CONTRACTOR, its agents, servants or employees, or through other causes whatsoever arising out of and during the performance of this contract, or in the event of personal injury to, or death of, persons engaged directly or indirectly in the performance of this contract, a full and complete written report of such damage, destruction, personal injury, or death shall be submitted by the CONTRACTOR to the Contracting Officer of this contract at within seventy-two (72) hours following such damage, destruction, injury, or death. In the event the CONTRACTOR fails to submit such report within seventy-two (72) hours, the NAFI will be relieved immediately from liability which might otherwise arise out of such damage, destruction, personal injury, or death under other provisions of this contract.

H-11 THEFT OF PROPERTY

The CONTRACTOR shall be fully responsible in the event of theft by his personnel of Government or personal property. All lost or misplaced articles found by his employees shall be turned over to the TPOC as soon as practical and no later than the next break or end of shift, whichever comes first.

H-12 CANCELLATION AND INCLEMENT WEATHER

In the event of cancellation due to inclement weather, the Contracting Officer or his/her designated representative will inform the Contractor no later than two (2) hours prior to scheduled arrival time at the display site. The Contractor will not be paid for cancellation if the cancellation is made two (2) hours to the scheduled arrival. If Contractor is notified anytime after the two (2) hour cancellation time, the Contractor will be paid in full.

H-13 REMOVAL OF CONTRACTOR'S EMPLOYEE

The CONTRACTOR agrees to utilize only experienced, responsible and capable people in the performance of the work. The Contracting Officer may require that the CONTRACTOR remove employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interests of military security.

H-14 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.

SECTION I – CONTRACT CLAUSES

I.1 NONAPPROPRIATED FUND INSTRUMENTALITY (NOV 2004) BI.002

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)

I.2 PROTECTING THE NAFI’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED OR PROPOSED FOR DEBARMENT (DEC 2010) BI.004

(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

I.3 INVOICES (APR 2011) BI.010

(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.

(End of clause)

I.3 EXAMINATION OF RECORDS (NOV 2005) BI.011

(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.

(End of clause)

I.4 ORDER OF PRECEDENCE (NOV 2004) BI.013

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications);

(b) Representations and other instructions;

(c) Contract clauses;

(d) Other documents, exhibits, and attachments; and

(e) The specifications.

I.5 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (DEC 2010) BI.055

(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)

I.6 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (NOV

2004) BI.056

In the event of inconsistency between any terms of this contract and any translation thereof into another language, the English language meaning shall control.

(End of clause)

I.7 PAYMENTS (NOV 2004) BI.068

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.

(End of clause)

I.8 DISCOUNTS FOR PROMPT PAYMENT (NOV 2004) BI.070

(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…