NAFIB3-19-Q-0044_FBO_21_AUG_2019.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 24

APO AP 96271-5742

Korea Office supporting IMCOM-Pacific

Multiple Destinations

a. NAME OF CONSIGNEE

9. DESTINATION

(See Schedule)

OTHER

XFOB DESTINATION

7. DELIVERY

30 Days After Award

6. DELIVERY BY (Date)

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

Unit 15742 On Behalf Of Enterprise Fund

IMCOM NAF Contracting Department of the Army5a. ISSUED BY

PRKD1-RU-T4-19-0007

3. REQUISITION/PURCHASE REQUEST NO.

08/21/2019

2. DATE ISSUED

NAFIB3-19-Q-0044

1. REQUEST NO.

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

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the NAFI to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.08/29/2019 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

0503-355-2676

AREA CODE

TELEPHONE NUMBER

Miok Yi

NAME

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

0001 KTSF Project - Outdoor LED facility signage for the Arts and Crafts Center

Delivery: 30 Days After Award Delivery Location Code: KD1JBC7 Arts & Crafts Shop Service Branch USAG-Humphreys, DF&MWR Unit # 15228

0002 KTSF Project - Outdoor LED facility signage for the Downtown Recreation Center

Continued ...

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 24

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

NAFIB3-19-Q-0044

(A) (B) (C) (D) (E) (F)

CONTINUATION SHEET

(Nonappropriated Funds)

Delivery: 30 Days After Award

Delivery Location Code: KD1HCF6

Downtown Rec Center

Service Branch

USAG Humphreys, DF&MWR

Unit # 15228

FOB: Destination

KTSF Project - Outdoor LED facility signage 2 for the Downtown Lanes.

Delivery: 30 Days After Award

Delivery Location Code: KD1LEK7

Downtown Lanes

USAG Humphreys, DF&MWR

Unit# 15228

FOB: Destination

KTSF Project - Outdoor LED facility signage 3 for Downtown Lanes.

Delivery: 30 Days After Award

Delivery Location Code: KD1LEK7

Downtown Lanes

USAG Humphreys, DF&MWR

Unit# 15228

NOTE: Site visit shall be conducted on 23 AUG 2019, 1100 hours. Contractor shall coordinate with Mr. Richard Kim richard.c.kim2.naf@mail.mil / 0503-353-6706 / 010-7432-7424 at least twenty four (24) hours prior to site visit and provide company name, type of vehicle, and license number, name of individual, and Korean Identification number of personnel to attend meeting. This is required due to security restrictions at USAG-Humphreys.

DA FORM 4068, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

NAFIB3-19-Q-0044

1. Project Background/Description: LED Signage Installation for the Arts & Crafts Center, Downtown Lanes, and Downtown Recreation Center are required to identify and to distinctively brand each of these facilities for easy recognition by the general public both during the day and after hours of darkness. Installation of the signage will be in compliance with the USAG Humphreys Installation Standard and command. The facility’s original designs did not include installation of the signs or the infrastructure to power the signs. These upgrades are needed to meet safe operational standards.

2. Statement of Work: The contractor shall provide and perform all work required to meet all requirements identified in the scope of work. The contractor is to manufacture, install and make operational three each LED signs. The contractor is to manufacture the signs to the design and detail provide by NAFI. The contractor is to deliver each sign to the applicable facility. The contractor is to perform all electrical upgrades and connections that meet applicable codes. All required materials should be UL approved to include power cables, power outlets and all supporting equipment etc. The requirement is to meet the current voltages of each facility and not to exceed the electrical load for the facility. All signs are to be securely mounted the building concrete structure. Mounting only to the EEFIS Insulation IS NOT Acceptable. All work shall meet or exceed all necessary codes and regulations for safe operational use of the three different facilities at USAG-Humphreys, Korea.

The Contractor’s Responsibilities:

a. The contractor shall provide all necessary all necessary labor, materials and equipment for the installation of LED building signage for the Arts & Crafts Center, Downtown Lanes, and Downtown Recreation Center.

b. The Contractor shall prepare all necessary licenses and permits for submission to the Department of Public Works (DPW) prior to beginning work.

c. Removal, installation, workmanship, transportation, clean-up, and disposal and labor costs of the requirements for completion of the requirement shall be coordinated with the Receiving Officer and /or DPW representative. All work shall be inspected and tested for correct operation and then approved by the Receiving Officer and/or DPW representative upon completion or installation of required item.

Dispose of waste items shall be in accordance with applicable Korean Laws and at the expense of the contractor.

d. A schematics of the LED signage requirement has been attached in Supporting Documents.

e. Submitting a safety plan and ensuring adherence to that safety plan, as well as U.S. Army, USFK and Garrison safety standards are the responsibility of the Contractor.

3. Place of Performance: The work is to be performed at the USAG-Humphreys Arts and Crafts Center, Building #5711, Downtown Lanes, Building #5724, and Downtown Recreation Center, Building #5722, Pyeongtaek, Korea.

4. Scheduled Completion Date: The contractor shall commence work from the date of contract award.

The contractor shall complete all work and services required under this contract within thirty (30) calendar days.

5. Work Hours: Authorized work days, hours and times available to the contractor to perform the work called for in this contract.

Monday through Friday 0800-1700

Weekends, US Federal and Korean Holidays No work required unless coordinated with the COR.

NOTE: The contractor will be required to coordinate with the COR if it plans to work on any US Federal or Korean holidays. As access to the Garrison and/or job site may be restricted during a holiday, the COR may accept or reject the Contractor's request. Any request to work during a holiday, which will be at no additional cost to the NAFI, will include a detailed listing of the work to be performed.

6. Inspection and Acceptance: After all work is completed in accordance with the scope as described herein, the contractor must pass inspection by Marc Berube, and COR before a lump sum payment for the work provided by the contractor could be made within 14 days following receipt of a proper invoice from the contractor. The contractor shall be responsible for coordination with the Marc Berube and COR to ensure meeting all requirements and standards to pass inspection.

7. Site Visit:

a. Offerors are required to inspect the site where the work is to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of the contract performance to the extent that the information is reasonably obtainable. In no event shall the failure to inspect the site constitute grounds for a claim after contract award. Site visit shall be conducted on 23 AUG 2019, 1100 hours. Contractor shall coordinate with Mr. Richard Kim richard.c.kim2.naf@mail.mil / 0503-353-6706 / 010-7432-7424 at least twenty four (24) hours prior to site visit and provide company name, type of vehicle, and license number, name of individual, and Korean Identification number of personnel to attend meeting. This is required due to security restrictions at USAG-Humphreys.

Requiring Activity POC shall be required to maintain a listing of contractors who attend the site survey by Name, Company, Telephone Number, and E-mail address. Additionally the POC shall collect business cards from attendees if available. Listing of individuals attending the site visit shall be provided the contracting officer.

b. On the day of the coordinated site visit, the Contractor shall provide one (1) mock-up sample of a sign that will demonstrate the quality a makeup of the product.

8. Supervision of Contractor Personnel:

a. The contractor shall directly supervise its personnel assigned to work on this contract.

Matters pertaining to specific work assignments and the quality of performance of its personnel are the direct responsibility of the Contractor.

b. NAFI or other NAFI personnel may on a frequent basis work in close proximity and communicate with the Contractor’s employees. However, communication of work requirements and quality standards will come through the COR to the Contractor’s management chain of supervision and management to contractor employees. While NAFI and other NAFI personnel, other than the COR may provide information to the Contractor’s employees, they are prohibited from providing mailto:richard.c.kim2.naf@mail.mil work assignments, work guidance or other supervisory type communications to the employees.

c. Contractor specific work tasks shall be performed in accordance with this Scope of Work only, as supplemented and clarified by written instructions from only the Contracting Officer. The NAFI shall not be liable for any Contractor costs incurred due to performance of work directed by NAFI or other NAFI personnel who are not authorized to do so.

9. Contracting Officer’s Representative (COR): The COR will be identified by an appointment letter signed by a Contracting Officer. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, specifications; monitor contractor's performance and notifies both the Contracting Officer and contractor of any deficiencies; coordinate availability of NAFI furnished property; and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract.

10. Data Rights (If Applicable): The NAFI has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be NAFI owned and are the property of the NAFI with all rights and privileges of ownership/copyright belonging exclusively to the NAFI. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the NAFI shall be the sole property of the NAFI and may not be used for any other purpose. This right does not abrogate any other NAFI rights.

11. Codes and Standards:

a. The project shall be constructed in accordance with the applicable codes, standards, design parameters, or regulations noted in this section or other sections of the contract. In case of conflict between codes, standards, or regulations, the most stringent requirement shall apply.

b. Reference to standard specifications of any technical society, organization, or association, or to codes, manuals, or regulations of Federal, State, or local authorities shall mean the latest standard, code, manual, regulation, specification, or tentative specification adopted and published at least 30 days prior to submittal of proposals, unless specifically stated otherwise.

c. In any code or standard listed below, a reference to the authority having “jurisdiction” or “governmental authority” shall be interpreted to refer to the Contracting Officer as being the authority for code interpretation.

12. Basic Code Requirements:

Construction shall be in accordance with the following applicable codes, standards, and regulations.

The most stringent shall govern when differences occur.

Electrical Codes: National Electrical Code, current Edition. National Electrical Safety Code, current Edition, National Energy Act of 1992 and 2005.

National Fire Protection Association Fire Codes, NFPA latest edition.

Energy Conservation: Comply with ASHRAE 189 & 90.1 (current ed.) and the Energy Policy Act of 2010.

OSHA safety standards.

UFC 3-520-01: Interior Electrical Systems.

UFC 3-600-01: Design; Fire Protection Engineering for Facilities.

UFC 4-010-01: Force Protection UFC 4-451-10N: Hazardous Waste Storage UFC 1-900-01: Selection of Methods for the Reduction, Reuse, and Recycling of Demolition

Waste

MIL-STD-3007.

NFPA5000: Building Construction and Safety Code.

American National Standards Institute (ANSI).

ASTM International.

Safety: EM 385-1-1 (most current edition).

International Building Code (IBC), Current Edition

13. Materials, Supplies and Equipment:

The Contractor shall provide all transportation, materials, tools, and equipment required to accomplish the work. The Contractor shall furnish the necessary items with promptness and shall ensure that any delays are identified in advance.

a. The Contractor shall furnish the COR with a list of all items which are deemed to require offshore procurement (items that are not available in Republic of Korea that must be ordered and require overseas shipment to the contractor). Proposals shall show unit prices of all materials and quantities required for each item of work. Certain of these supplies may then be furnished by NAFI at the sole option of the Contracting Officer. In such a case the contract price may be negotiated for any credits due the NAFI.

b. Utilities. Water and electric power required for the work will be furnished free of charge by Government to the extent reasonably available. The contractor shall remain primarily responsible for providing necessary utilities in the event that the NAFI is unable to provide them and/or that the COR determines that the contractor has wasted and not used Government utilities provided efficiently.

14. Site Maintenance and Clean-up: The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. On a daily basis (days when work is being performed) the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the NAFI or the Government. The Contractor shall remove all the construction debris and wastes from the project work area and dispose of it off the installation at its expense and in accordance with the Republic of Korea and local regulations.

15. Contractor Safety Plan: The contractor must develop and implement a comprehensive health and safety plan for his or her employees, which cover all aspects of onsite construction operations and activities associated with the contract. This plan must comply with all applicable health and safety regulations and any project-specific requirements that our company has specified. The contractor must provide the Contracting Officer with a copy of this plan with its proposal package.

Acceptance of the contractor's health and safety plan only signifies that the plan generally conforms to the requirements of the contract. It does not relieve the contractor of the responsibility for providing employees with a safe and healthful work environment.

16. Anti-Terrorism/Operations Security Review requirements:

a. AT Level I training. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil. OPSEC level 1Training is also required prior to execution of work.

b. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

For contractors that do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

c. iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

d. For Contract Requiring Performance or Delivery in a Foreign Country. DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non- contingency support. The key AT requirements is for http://jko.jten.mil/ non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives.

17. ORDER ADMINISTRATION DATA:

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

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

DFAS Texarkana ACCOUNTS PAYABLE (Humphreys)

PO BOX 6111

TEXARKANA TX 75505-6111 USA

----- OR -----

DFAS.RRAD.JNB.MBX.DTX-VP1@MAIL.MIL

18. 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.

19. Attachment: Signage and Schematics

Signage and Schematics.pdf mailto:DFAS.RRAD.JNB.MBX.DTX-VP1@mail.mil

Section I - Contract Clauses

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

I.2 MATERIAL REQUIREMENTS (NOV 2005) BI.005

I.3 INVOICES (APR 2011) BI.010

I.4 EXAMINATION OF RECORDS (NOV 2005) BI.011

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

I.6 PAYMENTS (NOV 2004) BI.068

I.7 DISCOUNTS FOR PROMPT PAYMENT (NOV 2004) BI.070

I.8 EXTRAS (NOV 2004) BI.073

I.9 PROMPT PAYMENT (APR 2011) BI.074

I.10 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER (NOV 2004) BI.077

I.11 DISPUTES (NOV 2004) BI.079

I.12 CHANGES (NOV 2004) BI.104

I.13 COMMERCIAL WARRANTY (NOV 2004) BI.111

I.14 LIMITATION OF LIABILITY-SUPPLIES (NOV 2004) BI.113

I.15 TERMINATION FOR CONVENIENCE (NOV 2004) BI.118

I.16 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) (NOV 2004) BI.120

I.17 ASSIGNMENT OF CLAIMS (NOV 2004) BI.124

I.18 NONWAIVER OF DEFAULTS (NOV 2004) BI.125

Section I - Contract Clauses

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

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

STATES SHALL BECOME DUE OR BE PAID THE CONTRACTOR BY REASON OF THIS CONTRACT.

This contract is NOT subject to The Contract Disputes Act of 1978.

(End of clause)

I.2 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.

(End of clause)

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

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

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

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

(End of clause)

I.6 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.7 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.

(End of clause)

I.8 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.9 PROMPT PAYMENT (APR 2011) BI.074

Notwithstanding any other payment clause in this contract, the NAFI will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments-

(1) Due date.

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

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

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

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice;

provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Certain food products and other payments.

(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are-

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

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

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

(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received.

Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date.

The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.

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

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

(i) Name and address of the Contractor.

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

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

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

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

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

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

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

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

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

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

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

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

(5) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611, however other provisions of the Act are not applicable to NAFIs see Disputes Clause) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority (e.g., tariffs).

This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the NAFI until the payment date of such approved principal amount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice principal payment amount and will be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor of a defective invoice within the periods prescribed in subparagraph (a)(3) of this clause, the due date on the corrected invoice will be adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be made by the designated payment office for errors in calculating interest penalties.

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

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

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

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

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

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

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

(6) Prompt payment discounts. The designated payment office also shall pay an interest penalty automatically without request from the Contractor, if a discount for prompt payment is taken improperly.

The interest penalty will be calculated as described in subparagraph (a)(5) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid.

(7) Additional interest penalty.

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

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

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

(C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with subdivision (a)(7)(ii) of this clause, postmarked no later than 40 days after the invoice amount is paid.

(ii)(A) Contractors shall support written demands for additional penalty payments with the following data.

No additional data shall be required. Contractors shall-

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

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

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

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

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

or

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

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

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

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

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

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

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

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

(b) Contract financing payments-

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

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

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

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

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

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

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

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

(iv) Contractor point of contact.

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

(End of clause)

I.10 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…