SOL[NAFIB3-19-Q-0014].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 23

On Behalf Of Region Single MWR Funds-Pacific

a. NAME OF CONSIGNEE

9. DESTINATION

(See Schedule)

OTHER

FOB DESTINATIONX

7. DELIVERY

6. DELIVERY BY (Date)

See Schedule

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.

PRKL1-RU-EK-18-000203/08/2019

2. DATE ISSUED1. REQUEST NO.

NAFIB3-19-Q-0014

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.03/18/2019 1300 LT

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

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

c. CITYc. STREET ADDRESS

b. COMPANYa. NAME

8. TO:

b. STREET ADDRESS

NUMBER

355-26710503

AREA CODE

TELEPHONE NUMBER

Yun-Hui Kim (yunhui.kim2.ln@mail.mil)

NAME

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Publication of monthly magazine and printing of placemats

(See schedule for more details)

12. DISCOUNT FOR PROMPT PAYMENT

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

DA FORM 4067, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

NAFIB3-19-Q-0014

Publication of Family & MWR Magazine, USAG-Daegu

NOTICE TO BE INSERTED IN LOCAL SOURCE REQUIREMENTS

REQUIREMENTS BEING SOLICITED FROM LOCAL SOURCES:

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

Buyer Information

Kim, Yun Hui Tel: 0503-355-2671 Email: yunhui.kim2.LN@mail.mil

NOTE:

1. Samples will be available for inspection at the Marketing Office USAG-Daegu, POC: Joel Miller / Tel: 0503-363-4555.

2. Successful offerors will be individually required to provide sample printings to Requiring Activity for what they submitted on proposal and shall be approved by NAFI Manager upon completion of proposal review.

3. All costs for materials, labor, and transportation shall be included in total cost.

THE SCHEDULE

SECTION B. SCHEDULE OF SERVICES AND PRICES/COSTS

CLIN Description of Items Qty Unit U/rice Amount

0001 Publication of Monthly Magazine “Family and MWR Features” For USAG-Daegu For 24 months from the date of issuance of order

2,000 copies per issue

0001A 24 pages with full color booklet 2000 Books W

0001B 26 pages with full color booklet 2000 Books W

0001C 28 pages with full color booklet 2000 Books W c

0001D 30 pages with full color booklet 2000 Books W

0001E 32 pages with full color booklet 2000 Book W

0001F 34 pages with full color booklet 2000 Book W

0001G 36 pages with full color booklet 2000 Books W

0001H 38 pages with full color booklet 2000 Books W

0001I 40 pages with full color booklet 2000 Books W

0002 Printing of Placemats

0002A Large Size (10.25” x 14.75”) 1 SH W

0002B Small Size (9.125” x 12.25”) 1 SH W

*Note: Other printings such as handouts, coupons, leaflets up to 25,000 sheets, up to 5 times a year might be requested through modifications to the contract as required.

/x/x/x/x/x/x/x/x/x/x/x/x/x/x/x/x/x/ Last Item /x/x/x/x/x/x/x/x/x/x/x/x/x/x/x/x/x/x/

SECTION C. DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 The contractor shall provide publication of Family and MWR magazine, “Family and MWR Features” for USAG-Daegu, DFMWR on a monthly basis of 2,000 copies of 24 - 40 pages with 8.5” x 11” size, full color print booklets. Magazine will need to be printed on 130 - 180 grams/m2 recycled matte paper or comparable product and quality print booklets.

C-2 The contractor shall print placemats with full color on thin matte paper, 5,500 copies per month. The placemats will be 2 sizes: Large size is 10.25” x 14.75” and small size is 9.125” x 12.25”. The number of quantities of placemats will be 5,000 for large size placemats and 500 for small size placemats. The contractor shall provide quote for placemats on a per-piece basis, in case of the need for a change to quantities of placemats printed.

C-3 Samples must be provided to ensure quality of paper for the magazine and printing for the placemats.

C-4 Other printings up to 25,000 sheets and up to 5 times a year might be requested through modifications to the contract as required. Prices for other printings shall not be included into the proposal.

C-5 The Contractor shall furnish all necessary labor, supervision, equipment, facilities, tools, materials, transportation, and supplies including consumable supplies. The contractor shall perform all work required to make booklets, calendars and coupon books in accordance with all terms and conditions specified herein.

C-6 Camera-ready layouts on CD or through electronic transfer shall be prepared by the Marketing Office not later than five (5) days prior to the delivery date and delivery shall not be made later than one (1) week after receiving camera ready layouts or in the morning of the last day of the month, whichever comes first.

C-7 The contractor shall pick up the above CD with all of the required information to publish the magazine as required or provided a web site and password to electronically transfer the data.

C-8 The contractor shall have the communication ability to receive files with required information in English digitally. The contractor shall be located in Daegu area.

C-9 Printer shall be capable of accessing and making minor changes to the layout files upon request.

C-10 All artwork shall be produced as requested by the Requiring Activity (RA), i.e., disclaimers, page numbers, etc.. Camera-ready artwork and articles provided by the Marketing Office to the contractor in a format of digitally processed data must be reworked by the contractor to format for printing to include scanning photos and submission back to the Marketing Office for initial/final proofing within 72 hours prior to the delivery date.

C-11 The contractor shall agree to meet infrequent requests to meet short notice for delivery when urgently required and make every effort to provide exceptional customer service. Minimum expedited delivery shall be within 72 hours after receiving completed formatted layouts from the required activity, based upon approval of the final format.

C-12 The contractor shall be located in Daegu area or in commutable distance.

SECTION D. PACKAGING AND MARKING

N/A

SECTION E. INSPECTION AND ACCEPTANCE

E-1 The final inspection and acceptance will be performed by the Receiving Officer or his/her representative at the performance site upon the completion of work.

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. DELIVERIES AND PERFORMANCE

F-1 Period of Contract: 2 years from the date of issuance

F-2 Point of Contact: Mr. Joel Miller at Phone: (0503) 363-4555/Email: joel.a.miller36.naf@mail.mil

F-3 Contractor Notice regarding Late Performance: In the event contractor encounters difficulty in meeting performance requirements or when he anticipates difficulty in complying with the contract delivery schedule or date, he will immediately notify the contracting officer, giving pertinent details; provided however, that this data will not be construed as a waiver by the Fund of delivery schedules or dates, or of right or remedies provided by law or under this contract.

F-4 STOP-WORK ORDER (NOV 2004) (BF-006)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or mailto:joel.a.miller36.naf@mail.mil

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the NAFI, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

SECTION G. CONTRACT ADMINISTRATION DATA

G-1 RECEIVING OFFICER

(1) NAFI Manager, Marketing Office, USAG-Daegu or his/her designee is the receiving officer for the receipt of item.

(2) The Receiving Officer is responsible for inspection and acceptance of item and services, and preparation of receiving report (DD Form 250). The Receiving Officer is required to make distribution of the receiving reports with the completion of performance to the Paying Office and Contracting Office.

G-2 Consideration and payment: In consideration for the performance accepted hereunder the Paying Office will make payment to the contractor via Electronic Funds Transfer (EFT) no later than 30 days from date of receipt of invoice in paying office or acceptance of material, whichever is later.

G-3 Invoice for payment shall be submitted to the following address: (E-mail submission will be acceptable)

DFAS Texarkana Accounts Payable (IMCOM G9) P. O. Box 6111 Texarkana TX 75505-6111 USA Email: DFAS.RRAD.JNB.MBX.DTX-VP1@MAIL.MIL

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H-1 Settlement of Accounts upon Termination or Expiration:

Upon termination of this contract under other contract clauses contained herein, or expiration of the contract period, the contractor shall promptly settle the contractor’s account with the NAFI, yield the premises, and any other NAFI-owned property used by the contractor, in good order and condition mailto:DFAS.RRAD.JNB.MBX.DTX-VP1@MAIL.MIL

(ordinary wear and tear excepted), and surrender installation passes for the contractor and the contractor’s employees.

H-2 Pass or Passes:

The contractor shall provide to Marketing Office, USAG-Daegu, DFMWR, Unit # 15746, APO AP 96218- 5746, Tel: (0503) 363-4555, a request for any necessary base and/or vehicle passes.

SECTION I. CONTRACT CLAUSES

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

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.

(End of clause)

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.

(End of clause)

I-3 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.

(End of clause)

I-4 MATERIAL REQUIREMENTS (NOV 2005) (BI-005)

(a) Definitions. As used in this clause-

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

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

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

"Remanufactured" means factory rebuilt to original specifications.

"Virgin material" means-

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

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

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

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

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

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

I-5 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.

I-6 EXAMINATION OF RECORDS (NOV 2004) (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-7 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (NOV 2005) (BI-012)

I-8 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-9 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.

I-10 PRIVACY ACT NOTIFICATION (NOV 2004) (BI-049)

I-11 PRIVACY ACT (NOV 2004) (BI-050)

I-12 RESTRICTION ON CERTAIN FOREIGN PURCHASES (DEC 2010) (BI-055)

I-13 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.

I-14 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-15 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 computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and NAFI financial management activities are not expected to be conducted, payment may be made on the following business day.

I-16 EXTRAS (NOV 2004) (BI-073)

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

(End of clause)

I-17 PROMPT PAYMENT (NOV 2004) (BI-074)

I-18 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER (NOV 2004) (BI-077)

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

(b) Exceptions to the EFT are as follows:

(1) Contracts awarded to companies located in OCONUS

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

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

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

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

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

(1) Sole Proprietorship Contractors. Sole Proprietorship Contractors may elect, in writing, to be designated as individuals and paid by check. Waiver will be granted to all such Contractors.

(2) Infrequently used Contractors. The servicing accounting office will make a determination, at its own discretion, whether or not to use EFT to pay infrequently used Contractors. Generally, this will apply only to those Contractors paid no more than once a year.

(3) Advance checks for Entertainers. Entertainers may be paid by check when the servicing accounting office determines this to be the most appropriate method of payment.

(d) Mandatory submission of Contractor's EFT information.

(1) The Contractor is required to provide the payment office with the following information required to make payment by EFT.

(i) Name and address of the Contractor

(ii) Nine-digit Routing Transit Number of the Contractor's financial agent

(iii) Contractor's account number, title of account, and the type of account (checking or savings)

(2) Any changes to the Contractor's original information, to include the closure of account, must be provided to the payment office at least 30 days prior to the effective date of payment.

(e) Mechanisms for EFT payment. The NAFI may make payment by EFT through the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association.

(f) Suspension of payment.

(1) The NAFI is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(2) If the EFT information changes, the NAFI shall begin using the new information no later than 30 days after receipt by the designated office. However, the Contractor may request that no further payments be made until the payment office implements the updated EFT information. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

(g) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the NAFI used the Contractor's EFT information incorrectly, the NAFI remains responsible for-

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, and-

(i) If the funds are no longer under the control of the payment office, the NAFI is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the NAFI shall not make payment and the provisions of paragraph (f) shall apply.

(h) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if the date specified for settlement of the payment is on or before the prompt payment due date.

(i) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (d) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor.

(j) Liability for change of EFT information by financial agent. The NAFI is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.

I-17 DISPUTES (NOV 2004) (BI-079)

(a) This contract is subject to the rules and regulations promulgated by the Secretary of Defense and Secretary of the Army for NAF contracting.

(b) The contract is not subject to the Contract Disputes Act of 1978 (41 U.S.C. 60I-613).

(c) All disputes arising under or relating to this contract shall be resolved under this clause.

(d) "Claims," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract forms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under this clause. The submission may be converted to a claim under this clause, by complying with the submission requirements of this clause. if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(e)(1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the NAFI against the Contractor shall be subject to a written decision by the Contracting Officer.

(2) For Contractor claims exceeding $100,000, the Contractor shall submit with the claim a certification that-

(i) The claim is made in good faith;

(ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and

(iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the NAFI is liable.

(3)(i) If the Contractor is an individual, the certification shall be executed by that individual.

(ii) If the Contractor is not an individual, the certification shall be executed by-

(A) A senior company official in charge at the Contractor's plant or location involved, or

(B) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs.

(f) For contract claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(g) The Contracting Officer's decision shall be final unless the contractor appeals as provided in paragraph

(h) of this clause.

(h) The Contracting Officer's decision on claims may be appealed by submitting a written appeal to the Armed Services Board of Contract Appeals within 90 days of receipt of the Contracting Officer's final decision. Decisions of the Armed Services Board of Contract Appeals are final and are not subject to further appeal.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

(End of clause)

I-19 DISPUTES (NOV 2004) (BI-079)

(a) This contract is subject to the rules and regulations promulgated by the Secretary of Defense and Secretary of the Army for NAF contracting.

(b) The contract is not subject to the Contract Disputes Act of 1978 (41 U.S.C. 60I-613).

(c) All disputes arising under or relating to this contract shall be resolved under this clause.

(d) "Claims," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract forms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under this clause. The submission may be converted to a claim under this clause, by complying with the submission requirements of this clause. if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(e) (1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the NAFI against the Contractor shall be subject to a written decision by the Contracting Officer.

(2) For Contractor claims exceeding $100,000, the Contractor shall submit with the claim a certification that-

(i) The claim is made in good faith;

(ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and

(iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the NAFI is liable.

(3) (i) If the Contractor is an individual, the certification shall be executed by that individual.

(ii) If the Contractor is not an individual, the certification shall be executed by-

(A) A senior company official in charge at the Contractor's plant or location involved, or

(B) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs.

(f) For contract claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(g) The Contracting Officer's decision shall be final unless the contractor appeals as provided in paragraph

(h) of this clause.

(h) The Contracting Officer's decision on claims may be appealed by submitting a written appeal to the Armed Services Board of Contract Appeals within 90 days of receipt of the Contracting Officer's final decision. Decisions of the Armed Services Board of Contract Appeals are final and are not subject to further appeal.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

(End of clause)

I-20 CONTINUITY OF SERVICES (NOV 2004) (BI-101)

(a) The Contractor recognizes that the services under this contract are vital to the NAFI and must be continued without interruption and that, upon contract expiration, a successor, either the NAFI or another contractor, may continue them. The Contractor agrees to-

(1) Furnish phase-in training; and

(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice-

(1) Furnish phase-in, phase-out services for up to [include a period not to exceed 90 days] after this contract expires, and

(2) Negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and (profit) not to exceed a pro rata portion of the (profit) under this contract.

I-21 CHANGES (NOV 2004) (BI-104) ALTERNATE I

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Description of services to be performed.

(2) Time of performance (i.e., hours of the day, days of the week, etc.).

(3) Place of performance of the services.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(End of clause)

I-22 COMMERCIAL WARRANTY (NOV 2004) (BI-111)

The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and to not limit any rights afforded to the NAFI by any other clause of this contract.

I-23 LIMITATION OF LIABILITY-SERVICES (NOV 2004) (BI-114)

(a) Except as provided in paragraphs (b) and (c) below, and except to the extent that the Contractor is expressly responsible under this contract for deficiencies in the services required to be performed under it (including any materials furnished in conjunction with those services), the Contractor shall not be liable for loss of or damage to property of the NAFI that-

(1) Occurs after NAFI acceptance of services performed under this contract; and

(2) Results from any defects or deficiencies in the services performed or materials furnished.

(b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the NAFI's acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor's managerial personnel. The term Contractor's managerial personnel, as used in this clause, means the Contractor's directors, officers, and any of the Contractor's managers, superintendents, or equivalent representatives who have supervision or direction of-

(1) All or substantially all of the Contractor's business;

(2) All or substantially all of the Contractor's operations at any one plant, laboratory, or separate location at which the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

(c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the NAFI through the Contractor's performance of services or furnishing of materials under this contract, the Contractor shall be liable to the NAFI, to the 6xtent of such insurance or reserve, for loss of or damage to property of the NAFI occurring after NAFI acceptance of, and resulting from any defects and deficiencies in, services performed or materials furnished under this contract.

I-24 TERMINATION FOR CONVENIENCE (NOV 2004) (BI-118)

The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI, in accordance with AR 215-4. In the event of such termination, the Contractor shall immediately stop all terminated work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work on the terminated portion(s) of the contract. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the NAFI, using its standard record keeping system, have resulted from the termination. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(End of clause)

I-25 NO-FAULT TERMINATION (NOV 2004) (BI-119)

This contract may be terminated in whole or in part by either party upon [insert number] days written notice to the other party.

(End of clause)

I-26 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE (NOV 2004) (BI-120)

(a)(1) The NAFI may, subject to paragraphs (c) and (d) below, through written notice of default to the Contractor, terminate this contract for default in whole or in part if the Contractor fails to--

(i) Deliver the supplies or to perform the services within the time specified in this contract or any extension;

(ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below), or

(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below).

(2) The NAFI's right to terminate this contract for default under subdivisions (i)(ii) and (i)(iii) above may be exercised if the Contractor does not cure such failure within 10 days (or as authorized in writing by Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.

(b) If the NAFI terminates this contract for default in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate supplies or services similar to those terminated, and the Contractor will be liable to the NAFI for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.

(c) Except for defaults of subcontractors at any time, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or the public enemy, (2) acts of the Government/NAFI in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather.

In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtained from other sources in sufficient time for the Contractor to meet the required delivery schedule.

(e) If this contract is terminated for default, the NAFI may require the Contractor to transfer title and deliver to the NAFI, as directed by the Contracting Officer, any

(1) Completed supplies, and

(2) Partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the NAFI has an interest.

(f) The NAFI shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause. The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of outstanding liens or claims of former lien holders.

(g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligation of the parties shall be the same as if the termination had been issued for the convenience of the NAFI.

(h) The rights and remedies of the NAFI in this clause are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

I-27 CLAUSES INCORPORATED BY REFERENCE (DEC 2014) (BI-121)

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Full text is available online at www.imcom.army.mil (Organization=> G-9, Family & MWR => NAF Contracting) (http://www.imcom.army.mil/Organization/G9FamilyMWRPrograms/NAFContracting.aspx)

(End of clause)

I-28 ASSIGNMENT OF CLAIMS (NOV 2004) (BI-124)

The contractor…