Final_NAFIB3-17-R-0019_Indoor_Shooting_Game_Supply_Concession.pdf

NAFIB3-17-R-0019

SOLICITATION, OFFER AND AWARD

(Nonappropriated Funds)

4. SOLICITATION TYPE2. CONTRACT NO. 3. SOLICITATION NUMBER

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

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"

NEGOTIATED BID (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. No appropriated funds of the United States shall become due or paid the contractor by reason of this solicitation / award

PAGE OF PAGES

1 42

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL

CAUTION: LATE Submissions, Modifications and Withdrawals: See Section L. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

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E

D

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B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Prompt Payment Provisions)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at Section L., Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on DA Form 4071, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. Nonappropriated Fund Instrumentality

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE

24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

21. ACCOUNTING DATA20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by NAFI)

CODE

PRKM1-HC-T8-17-0012

IB3

Department of the Army IMCOM G9 NAF Contracting Korea Office supporting IMCOM-Pacific On Behalf Of Enterprise Fund Unit # 15742

APO AP 96205-5742

Miok Yi 82 -2 miok.yi.ln@mail.mil

7918-5445

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PAGE(S)

Raegan A. Komperud

DA FORM 4069, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

11 Oct 17 x

25 Oct 2017

Draft NAFIB3-17-R-0019 Indoor Shooting Game Supply Concession

SECTION B

SUPPLIES OR SERVICES AND PRICES

B-1. GENERAL. The intent of this Request for Proposal (RFP) is to solicit, evaluate, and award a competitive procurement for a concession operation to provide Indoor Shooting Ranges (Video Game) services to authorized persons for use at the K-16, Community Activity Center, Video Game room #B103H, USAG Yongsan a Nonappropriated Fund Instrumentality (NAFI) of the U.S. Government.

B-2. SERVICES. The Contractor shall furnish all necessary qualified personnel, equipment, tools necessary to provide a fully service Indoor Shooting Ranges Video Game Concession.

B-3. CONTRACT TYPE. The contract type is a concession contract and concession fees shall be itemized in Section B-4.

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

B-4-1. Hours of Operations shall be from Sunday-Saturday, 0800-2200 including U.S Holidays

B-4-2. PRICE SCHEDULE. Fee will be collected monthly on the 5th day of the month for the preceding month.

BASE YEAR PROPOSED FEE

CLIN

Period of Performance:

11/01/2017 – 10/31/2018

1001 Percentage Fee on Monthly % (Minimum 25% per month)

Gross Revenues to NAFI

OPTION YEAR 1 PROPOSED FEE

CLIN

Period of Performance:

11/01/2018 – 10/31/2019

2001 Percentage Fee on Monthly % (Minimum 25% per month)

Gross Revenues to NAFI

OPTION YEAR 2 PROPOSED FEE

CLIN

Period of Performance:

11/01/2019 – 10/31/2020

3001 Percentage Fee on Monthly % (Minimum 25% per month)

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1. SUMMARY STATEMENT.

a. The Concessionaire shall provide all equipment necessary for the operation of Indoor Shooting Ranges (Video Game) at K-16, community Activity Center, Video Game Room #B103H. This will include all hardware and software.

C-2. DEFINITIONS.

a. NAFI. Refers to the Nonappropriated Fund Instrumentality, reference Section I, I-1.

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. Contracting Officers’ Representative (COR). The COR is responsible to the Contracting

Officer. The COR ensures the CONCESSIONAIRE is performing in accordance with the terms and conditions of the contract. The COR is the on-site representative for the Contracting Officer with authority to act only on behalf of the Contracting Officer as specified in the letter of designation. The COR 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. CONCESSIONAIRE. 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. MWR Authorized Patrons. In accordance with AR 215-1 Eligibility, patron eligibility criteria and priority of use are contained in Table 7-1 (Reference Section J-5 – MWR Authorized Patrons).

C-3. DESCRIPTION OF SERVICES

C-3-1. The Concessionaire shall provide all personnel, labor, supervision, for the operation of Indoor Shooting Ranges (Video Game) at K-16, Community Activity Center, Video Game Room #B103H.

C-3-2. The Concessionaire is responsible for developing, organizing, and implementing in accordance with the below specifications.

C-3-2-1. The computer for Haptic type 4D hologram image shooting system C-3-2-2. Projector (can be changed to 60~70 inch monitor); TEXAS instruments Inc.

chip & Equipped with 4 times taster color wheel.2800ANSI lumens High intensity & contrast ratio 2000:1, stereo sound realistic 3D sound experience, Optoma RF wireless 3D Glasses with 3D VESA standard port support.

C-3-2-3. Image capture camera; DMK 23G 618, H3Z3512cs-IR, LP830 C-3-2-4. AMP/Speaker; 500W Subwoofer (165W), satellite speaker (5x67W), THX@certifications. Dolby@Digital 5.1 decoding. DTS@decoding. Digital coaxial input terminals, 6 channel direct input terminals

C-3-2-5. Relay device; 3V-MK150204 C-3-2-6. Sensible laser gun (Feeling Type Laser Gun); 3V-MKK160305 (Laser Output 1m W, Vibration Function & recoil function, magnetic field detection 50g C-3-2-7. Paper money recognizer; 3V-MK161020 (Dollars only) C-3-2-8. Program; 3V-Zombie (1 play) Hunter (Ordinary fire, Zombie fire, Zeroing fire) C-3-2-9. Vibration Jacket; 3V-MK161101 (Dollars only) C-3-2-10. Air release system; 3V-MK161104 (Dollars only) C-3-2-11 Remodeling or structure changes are not authorized. Permitted room decoration I accordance with USAG YONGSAN safety/Fire Department regulation.

C-4. EQUIPMENT AND SUPPLIES. The Concessionaire shall provide all equipment needed to operate the Concession, including, but not limited to, all furniture, fixtures, game electric transformers and all other equipment necessary to provide quality, effective and efficient services. Equipment and supplies must be maintained in a safe and operational condition at all times. All equipment owned by the Concessionaire is subject to inspection by the Contracting Officer, COR, or any authorized representative of the K-16 Family

& MWR.

C-5. MAINTENANCE. The Concessionaire shall keep the concession area, equipment, and supplies in clean, orderly, attractive, secure, and safe condition. The area is subject to the inspection of the Contracting Officer, COR, or any authorized representative by Family & MWR.

C-6. REPAIRS AND REPLACEMENTS OF CONTRACTOR-FURNISHED EQUIPMENT. All repairs shall be completed within twenty-four (24) business hours after notification by the NAFI, or discovered during routine inspections by the Concessionaire. Equipment that cannot be repaired on-site shall be removed by the Concessionaire and be replaced with new equipment within seventy-two (72) business hours after removal of malfunctioning equipment.

C-7. POINT OF CONTRACT. At contract award, the Concessionaire shall provide the Contracting Officer with telephone numbers and/or cell numbers whereby the Contracting Officer or COR can contact the Concessionaire during normal business hours.

C-8. REFUNDS. The NAFI will reimburse the patrons when the equipment is not working properly. All reimbursements will be logged and shall be provided to the Concessionaire on a monthly basis for reimbursement back to the NAFI. Concessionaire shall reimburse the NAFI no later than five (5) business days from receipt of the reimbursement log.

C-9. PRICES FOR video game (INDOOR RIFLE SHOORING RANGE) $2.00 per game. (BILL ACCEPT BY MACHINE) concessionaire is responsible for collecting the money from the machines once a month (every 4th week of Monday)

SECTION D

PACKAGING AND MARKING

NOT APPLICABLE.

(INTENTIONALLY DELETED)

SECTION E

INSPECTION AND ACCEPTANCE

E-1. ACCEPTANCE. Acceptance of services and deliverables will be made monthly, in writing, by the COR in a composite letter. The following areas will be considered by the NAFI in determining the acceptability of services and deliverables.

a. Compliance with requirements in of the contract.

b. Prompt response by Contractor to correct problem areas.

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 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 contract amount.

When the defects in services cannot be corrected by reperformance, 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.

(End of clause)

SECTION F

DELIVERY AND PERFORMANCE

F-1. PERIOD OF PERFORMANCE. Performance shall commence upon receipt of a formal written notice to proceed (NTP) and continue for a base period of one (1) year with two (2) one-year option periods.

F-2. PLACE OF PERFORMANCE. K-16, Community Activity Center, Video Game room #B103H, USAG Yongsan.

F-3. OPERATING HOURS AND FEE SCHEDULES.

a. Shooting Video Game Fee Structure

Game Fee: $2.00 per game. (BILL ACCEPT BY MACHINE)

b. Opening hours: Sunday – Saturday, 0800 – 2200 including U.S Holidays

SECTION G

CONTRACT ADMINISTRATION DATA

G-1. CONTRACT ADMINISTRATION. The Contracting Officer has the overall responsibility for this contract, including the contract administration functions. The Contracting Officer is the only person authorized to modify this contract. No changes to this contract can be effected without a signed modification executed by the Contracting Officer.

Army NAF Contracting-Korea Attention: Ms. Raegan Komperud Bldg, 4099 Unit 15742

APO AP 96205

raegan.a.komperud.naf@mail.mil

G-2. APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE.

a. The contracting officer shall appoint, in writing, a Contracting Officer’s Representative (COR). The COR will have no authority regarding the terms and conditions of the contract. The Contractor shall be provided a copy of the appointment letter identifying the tasks for which the COR will be responsible. The COR may not re-delegate his or her authority.

b. The COR will act as the liaison to coordinate activities between the Contractor and NAFI, as required, in the performance of the work under this contract.

c. Only the contracting officer has the authority to change the terms and conditions of this contract. In the event the Contractor effects changes to the contract at the direction of any person other than the contracting officer, the changes will be considered to have been made without any authority and no adjustments will be made to the contract.

G-3. PAYMENT FOR CONTRACTOR SERVICES.

a. The NAFI will prepare a monthly Memorandum which will include the gross sales for the month and the percentage due the Contractor.

b. The Memorandum will be addressed “For” the 175th Finance Command, CAO, Thru the Korea Region FMD for approval.

c. Invoices shall be submitted by the contractor to the following address with bank information (a copy of bank book). E-mail submission of invoice will be acceptable.

Central Accounting Office Army Finance and Accounting Service-Korea

ATTN: EA-AFAS-K-CAO

Unit # 15236, APO AP 96205-5236 P.O. Box 202, Yongsan Post Office Seoul, 140-600 Group Email: usarmy.yongsan.8-army.mbx.175-fmsc-cao-documents@mail.mil POC: Yi, Kyu Chol, Email: kyuchol.yi1.ln@mail.mil or Cho, Sang Un, Email:

sangun.cho2.ln@mail.mil Tel: 0503-323-7440 Fax: 0503-323-8528

d. In consideration for the performance accepted hereunder the Paying Office will make payment to the contractor via Electronic Funds Transfer (EFT) no later than five (5) days from date of receipt of invoice in paying office or acceptance of material, whichever is later.

mailto:raegan.a.komperud.naf@mail.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H-1. INSURANCE CERTIFICATE. During the contract term, the Concessionaire and its subcontractors shall maintain at least the minimums specified hereunder and not less than those required by Federal and Korean National law:

TYPE OF INSURANCE MINIMUM AMOUNTS

Workman’s Compensation and all occupational disease.

In accordance with statutory requirements as defined in the State of Hawaii Revised Statute Code 386 with minimum employer liability limit of $100,000 for (As prescribed or required by state law, accidental bodily injury or death, or for occupational disease.)

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

$1,000,000 per accident

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

$2,000,000

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 Army Morale Welfare Recreation Fund (AMWRF) NAFI shall be named as an additionally insured party and certificate holder.

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

b. Prior to the commencement of work, the CONCESSIONAIRE 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.

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

H-2. LICENSE AND QUALIFICATIONS. The contractor is responsible for obtaining all locally required business licenses and provides a copy to the Contracting Officer.

H-3. SAFEGUARDING. The concessionaire will ensure that government furnished property will not be abused or misused. Concessionaire shall be liable for all damages.

H-4. FACILITES/MAINTENANCE.

a. CONCESSIONAIRE shall keep the premises clean, orderly, secure, and sanitary. CONCESSIONAIRE shall comply with the installation fire, safety and security regulations and applicable health and sanitation and environmental protection regulations.

H-5. UTILITES.

a. The K-16 bowling center will provide water & electricity at no cost to the CONCESSIONAIRE.

H-6. CONSERVATION UTILITIES The Contractor shall instruct employees in utilities conservation practices.

The Contractor shall perform services under conditions that preclude the waste of utilities:

a. Lights shall be used only in areas where and at the time when work is actually being performed, unless continuous use is required for safety.

b. WATER. Water will be furnished to the Contractor by the Government from existing water system outlets and supplies, without cost to the Contractor for the water he consumes. All water shall be carefully conserved. If the Contracting Officer decides that the Contractor's practice of using water is wasteful, he may order the Contractor to install metering devices at no additional cost to the Government. The Contractor will then compensate the Government for all amounts of water usage beyond the amounts determined by the Contracting Officer as reasonable for the completion of work required under the Contract. Before final acceptance, temporary connections and piping installed by the Contractor shall be removed in a manner satisfactory to the Contracting Officer. If, for any reason, the Government is unable to furnish all reasonable amounts of water required by the Contractor in the performance of this contract, it shall be the responsibility of the Contractor to provide an adequate supply of water at his own expense.

c. ELECTRICITY. All reasonable required amounts of electric power will be furnished to the Contractor by the Government from Government-owned or operated electrical systems and supplies without cost to the Contractor. The Contractor shall install and maintain at his own expense any necessary supply connections and facilities but only at such locations and in such workmanlike manner as may be authorized by the Contractor Officer. All electricity shall be carefully conserved. If the Contracting Officer decides that the Contractor's practice of using electricity is wasteful, he may order the Contractor to install metering devices at no additional cost to the Government. The Contractor will then compensate the Government for all amounts of electricity usage beyond the amounts determined by the Contracting Officer as reasonable for the completion of work required under the contract. Before final acceptance, temporary connections and facilities installed by the Contractor shall be removed in workmanlike manner to the satisfaction of the Contracting Officer. If, for any reason, the Government is unable to furnish all reasonable amounts of electric power required by the Contractor in the performance of this contract it shall be the responsibility of the Contractor to provide an adequate supply of electric power at his own expense.

H-7. CUSTOMER SERVICE

a. The contractor and their employees shall provide courteous, professional and prompt service to patrons. Superior customer service is an essential element to the success of the Garrison, MWR and the contractor.

b. Patron complaints shall be disposed of by agreement between the patron and the contractor. Unresolved complaints shall be adjudicated by the Contracting Officer and the decision shall be binding upon the contractor.

H-8. RELEASE OF NEWS INFORMATION The contractor or his agents without the prior written Approval of the Contracting Officer shall make no news releases (including photographs and films, public announcements or statements concerning any aspect of a resultant contract without the prior approval of the Contracting Officer.

H-9. PERSONNEL

a. The concessionaire shall provide a sufficient number of qualified and trained employees to meet the operational requirements of the contract.

b. The concessionaire and employees are subject to security clearance procedures and shall obtain installation access and permits as provided for in installation regulations. The COR will accomplish initial processing forms required to obtain installation access.

c. The concessionaire is responsible for the supervision over his employees to ensure their actions are in accordance with the terms of this contract and for handling problems that may arise in this operation. If a customer problem is not initially resolved, the Concessionaire should contact the COR immediately.

d. The concessionaire’s employees shall have a working knowledge of the English language.

H-10. PHYSICAL SECURITY The contractor shall be responsible for the physical security of all facilities.

The Garrison will provide police and fire protection at no cost to the contractor. The contractor shall adhere to the installation requirements concerning physical security of facilities. The contractor shall also adhere to all fire prevention policies established by the installation, and when applicable federal and local government policies. The contractor shall ensure that all facilities under its control comply with physical security and fire prevention standards and requirements.

H-11. 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. 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.

(i) 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.

(ii) 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-12. KEY CONTROL

a. The Contractor shall establish and implement methods of ensuring that any and all keys issued to the Contractor by the Government are not lost, or misplaced, and are not used by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that will be included in the contractor’s quality control plan.

b. The Contractor shall reimburse the Government for replacement of locks as a result of Contractor losing keys. In the event a master key is lost or duplicated all locks and keys for that system shall be replaced by the Government and the total cost deducted from the contract.

c. The Contractor shall immediately report the occurrence of a lost key to the COR.

d. The Contractor shall prohibit the use of keys issued by the Government by any other persons other than the Contractor’s employees. It is also the responsibility of the Contractor to prohibit the opening of locked areas by the Contractor’s employees to permit entrance of persons other than Contractor’s employees engaged in the performance of assigned work in those areas. Relatives or friends of contractor’s employees are not allowed at the work site.

H-13. REMOVAL OF CONTRACTOR’S EMPLOYEES

The contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. The Contracting Office 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. SAVE HARMLESS

The contractor shall save harmless the NAFI and the United States Government from any claims of third parties arising out of or from accidents or incidents involving acts or omissions of the contractor, its officers, agents, or employees, occurring as a result of performance of the terms and conditions of this contract or as a result of operation of NAFI furnished equipment or materials, if any, or of the performance of the services under this contract.

H-15. IDENTIFICATION FOR CONTRACTOR’S EMPLOYEES

a. The contractor without expense to the NAFI shall provide for each employee, working on this contract, an identification badge as may be approved and directed by the Contracting Officer. Each such employee shall be required to wear his/her badge upon his/her person at all times while on duty at the site of work or at other times and places where identification is required, and in such manner that it will be plainly visible as a means of identification. If required by the Contracting Officer, the contractor shall obtain fingerprints and other means of identification for all such employees. 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 an U.S. Army installation, AR 604-5, AR 606-15. USFK Reg 190-7 is applicable to Army installations. 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 subcontractor 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 COR, 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 COR when the fact of abuse of the use of passes has been established.

(4) Specific request of the COR 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 will submit to the COR 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-16. VEHICLE REGISTRATION/TRAFFIC REGULATIONS

a. Contractor motor vehicles shall be operated and maintained IAW USFK Reg 190-1 and clearly marked with the firm name and business telephone number when such motor vehicles are operated on US Government installations. (Information copy of subject regulation is available upon request from the Requiring Activity through the COR).

b. Unless specifically stated elsewhere in the contract the contractor shall provide motor vehicles and other transportation equipment required in the performance of this contract.

c. The motor vehicles shall meet the requirements of this contract and will be subject to inspection and approval by the COR or other individuals authorized by the Contracting Officer.

d. Vehicle decal - The contractor shall provide the COR with a list of those vehicles (by type and quantity) to be required in the performance of this contract on US Government installations. Decals or temporary passes will be issued only for the geographic areas of the contract's performance. For example, a contractor performing in Pusan will not receive a decal for Yongsan.

i. The contractor requiring decals for use of personal vehicles on military installations shall provide the Contracting Officer with a written rationale substantiating the need for a vehicle in connection with satisfactory performance of the contract. The rationale shall exclude trips to USAG-Yongsan for negotiations or for processing payment documents, etc. Requests for decals for personal vehicles shall be processed through the Eighth US Army Protocol Office.

H-17. PARKING FOR CONTRACTOR'S EMPLOYEES AND CONTRACTOR'S VEHICLES

Contractor's employees shall park their personal and Contractor's vehicles in the area designated by the Contracting Officer or the COR.

H-18 ANTITERRORSIM TRAINING Contractor shall complete the following training.

a. IWatch Training.

i. IWATCH within the Army is a nation-wide modern version of a neighborhood watch program focused on the threat of terrorist activity. It is an antiterrorism awareness program that the contractor’s workforce, while on Army installations, must all be familiar with to promote and enhance reporting suspicious activity or behavior. The program has two elements: “passive” and “active.” The passive element is an individual’s situational awareness of his or her surroundings.

The active element of I WATCH involves individuals taking action to report suspicious behavior or activities to law enforcement for more investigation.

ii. Contractor personnel, to include subcontractors, performing on or within an Army controlled facility, area or on an Army installation are required to brief and train their personnel on the iwatch program for that area, facility or installation. Training standards will be provided by the COR with 5 calendar days of contract award. Contractor personnel are train all personnel within 30 days of award or within 30 days of a hiring action. Contractors are to report training to the COR within 45 days of contract award or a hiring action.

b. Level I Antiterrorism (AT) Standards

i. Pursuant to Department of Defense Instruction Number 2000, “DoD Antiterrorism (AT) Standards,” dated October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and receive a certificate of completion. The training is accessible from any computer and is available at https://jkodirect.jten.mil (Course #JS- US007-14). The contractor is responsible for ensuring that all applicable employees have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate (s) to the Contracting Officer and the Contracting Officer’s Representative (if appointed) within five working days after contract award or prior to access to a Federally-controlled installation or information system.

c. In the event that the automated system at https://jkodirect.jten.mil (Course #JS-US007-14) is not available (e.g., server problems), Level I AT Awareness Training can be provided by a qualified instructor.

However, if the training is not completed online, the Level I AT Awareness Instructor qualification must be coordinated with the Installation Antiterrorism Officer (or Installation Security equivalent) and the resultant name(s) of approved instructors shall be provided the contracting officer or designee along with all associated cost or schedule impacts to the contract. Antiterrorism performance (Level 1 AT Awareness Training attendance and compliance) may be documented as a performance metric under the resultant contract, and be part of past performance information in support of future source selections.

H-19. 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. DEFINITIONS (NOV 2004) (BI-001)

(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.

I-2. 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.

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-4. 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-5. INSURANCE-WORK ON A GOVERNMENT INSTALLATION (NOV 2005) (BI-012)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract, in no event shall the amount be lesser than the minimum requirements established by applicable state and local regulations and laws.

(b) Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the NAFI's interest shall not be effective (1) for such period as the laws of the States in which the contract is to be performed prescribed at (2) until 30 days after the insurer of the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of the clause, including this paragraph (c), in subcontracts under the contract that requires a work on a Government installation and/or other NAFI location and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. At least five days before entry of each such subcontractor's personnel on the Government installation, the Contractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current certificate of insurance meeting the requirements of paragraph (b) above, for each subcontractor.

(End of clause)

I-6. 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.

(End of clause)

I-7. OPTION TO EXTEND SERVICES (NOV 2004) (BI-021)

The NAFI may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.

(End of clause)

I-8. OPTION TO EXTEND THE TERM OF THE CONTRACT (NOV 2004) (BI-022)

(a) The NAFI may extend the term of this contract by written notice to the Contractor within the period of the Contract; provided, that the NAFI shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the NAFI to an extension.

(b) If the NAFI exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

I-9. NOTICE TO THE NAFI OF LABOR DISPUTES (NOV 2004) (BI-023)

(a) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

(b) The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract to which a labor dispute may delay the timely performance of this contract; except that each such subcontract shall provide that in the event its timely performance is delayed or threatened by delay by an actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or the prime Contractor, as the case may be, of all relevant information with respect to such dispute.

I-10. WASTE REDUCTION (NOV 2004) (BI-047)

(a) Definitions. As used in this clause-

"Recycling" means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion.

"Waste prevention means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.

"Waste reduction" means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

(b) Consistent with the requirements of Section 701 of Executive Order 13101, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part 247).

I-11. RESTRICTION 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.

I-12. 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-13. 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.