FINAL_NAFIB3-19-R-0007.pdf

SOLICITATION, OFFER AND AWARD

(Nonappropriated Funds)

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

NAFIB3-19-R-0007

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

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED BID (RFP)

SEALED BID (IFB)

5. DATE ISSUED

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

PAGE OF PAGES

1 48

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Prompt Payment Provisions)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. Nonappropriated Fund Instrumentality

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE

24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

AWARD (To be completed by NAFI)

CODE

PRKD1-JB-C7-18-001102/19/2019

X

IB3

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

APO AP 96205-5742

1300 KST 03/11/2019

Cindy L. Park 05033

CINDY.L.PARK.NAF@MAIL.MIL

55-2670

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Raegan A. Komperud

DA FORM 4069, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

NAFIB3-19-R-0007

USAG-Humphreys Arts & Crafts Center Engraving Shop Concession

Page | 2

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 GENERAL The intent of this Request for Proposal (RFP) is to solicit, evaluate, and award a competitive procurement for a concession operation for engraving services and classes in plaque engraving and sublimation heating at the Arts and Crafts Center at USAG-Humphreys, Directorate of Family Morale, Welfare and Recreation (DFMWR), (hereafter referred to as the

NAFI).

B-2 SERVICES The concessionaire shall furnish all necessary qualified personnel, equipment, tools, materials, supervision, and services necessary to provide an engraving shop concession at the Arts and Crafts Center located on USAG-Humphreys. All equipment shall be provided by the CONTRACTOR.

B-3 CONTRACT TYPE This will be a concession contract and concession fees shall be itemized in Section B-4.

B-4 CONCESSION FEE SCHEDULE The services rendered shall comply with the terms and conditions of the contract and the concession fee shall remain fixed during the specific contract period. The NAFI shall provide DFAS and the concessionaire with a monthly reconciled report generated from the POS system, receipts, and receiving report. DFAS will make payment to the concessionaire in accordance to the concession fee schedule.

CLIN 0001 Base Year: 1 Apr 2019 – 31 Mar 2020

Monthly Concession Fee due to NAFI _________% of gross revenue

CLIN 0002 1st Option Year: 1 Apr 2020 – 31 Mar 2021

CLIN 0003 2nd Option Year: 1 Apr 2021 – 31 Mar 2022

CLIN 0004 3rd Option Year: 1 Apr 2022 – 31 Mar 2023

CLIN 0005 4th Option Year: 1 Apr 2023 – 31 Mar 2024

Page | 3

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 SCOPE OF WORK

a. The concessionaire shall operate an engraving service concession and conduct classes in plaque engraving and sublimation heating at the Arts and Crafts Center.

concessionaire shall provide laser engraving services such as engraving on wood, glass, metal, creating military coins, coin case, medal, pin and badge, plaque, name plate, coaster, trophy, crystal picture, military souvenir, embroidery patch, flag and guidon, sublimation heating, custom made plastic frame, key chain, and money clip. The concessionaire shall be self-sufficient in all the necessary resale items used for services.

Plaque engraving and sublimation heating classes shall consist of a minimum of 2 people to a maximum of 10 people per class. Classes will be held every Wednesday and Friday for one (1) hour per class. At a minimum, the class will consist of the following subjects:

• How to operate and work an engraving and sublimation machine

• How to prepare a metal and plastic plaque for engraving

• How to insert a plaque into an engraving machine

• How to set up a sublimation printer

• How to insert a mug cup into a sublimation heating machine

c. Concessionaire must ensure that the final product for all items ordered will be available for pick-up to the customer within seven (7) working days of date ordered.

d. Concessionaire shall seek approval from the Contracting Officer prior to adding any new resale items. All requests to add additional related services and retail items shall be made in writing to the Contacting Officer. No items or services shall be added unless the concessionaire receives written approval from the Contracting Officer.

e. Concessionaire shall provide a variety of seasonal services for special occasions. i.e, Valentine’s Day, Mother’s Day, Father’s Day, Memorial Day, Veterans Day, Halloween, Thanksgiving, Christmas, Anniversaries and Veterans Day.

f. Concessionaire shall provide special framework for promotions, retirement, PCS, and farewells.

C-2 LOCATION OF CONCESSION The Concession will be located at the Camp Humphreys Arts and Crafts Center, room# 1307. The size of the area is approximately 440 ft².

C-3 HOURS OF OPERATION Facility will be open for business Wednesday – Sunday, 11:00 AM to 7:00 PM. Facility will be closed for business Monday’s, Tuesday’s, and Holiday’s identified under C-4. Any requested for changes to the operational hours shall be submitted to the Contracting Officer in writing at least ten (10) calendar days prior to the desired change. If approved (or disapproved) the Contracting Officer will advise the Contractor in writing. If approved, the Contractor shall be responsible for changing the posted hours of the operations immediately.

Page | 4

C-4 HOLIDAYS Concessionaire shall close on the following Holidays:

• New Year’s Day (1 January)

• Lunar New Year (Actual Day of Holiday based on Lunar Calendar)

• Chusok (Actual Day of Holiday based on Lunar Calendar)

• Christmas Day (25 December)

C-5 PERSONNEL Concessionaire shall provide a list of all employees who will be working under this contract to the COR no later than ten (10) days after the contract is awarded for security background checks. Concessionaire shall provide the COR with an updated list of employees if an employee no longer works for the concessionaire, or if a new employee has been hired. All new employees are not allowed to work until their background checks have been completed and approved.

C-6 QUALITY CONTROL AND ASSURANCE It is the responsibility of the concessionaire to create an effective quality control plan to ensure authorized patrons and guests of authorized patrons are receiving consistent high quality services. The quality of services shall be commensurate with standard commercial business practices. The quality control plan will need to be approved by the COR.

C-7 INSPECTION OF CONCESSIONAIRE’S BUSINESS The Contracting Officer reserves the right to conduct inspections of the Concession premises, inventory and equipment.

C-8 PRICES The concessionaire shall have current prices prominently displayed in English for customers to see. Price changes or additions to the price list must be requested in writing and shall not be implemented without the Contracting Officer’s approval and formal written modification of the contract. The concessionaire shall submit their request for price change to the Contracting Officer at least thirty (30) business days before the contemplated date for change. The Contracting Officer will review the requested price change within ten (10) business days after receiving the request.

C-9 SIGNAGE

a. The concessionaire shall only post signage approved in advance by the Contracting Officer or COR. All signs shall be professionally prepared and legible. At a minimum, the concessionaire’s signage shall include the following information:

• Hours of Operation

• Facility Sign / Company Name – Logo

• Prices

b. The concessionaire shall not use or post handwritten signs of any kind.

C-10 CONCESSIONAIRE-FURNISHED EQUIPMENT

The concessionaire shall provide and install all concessionaire owned equipment, furniture and moveable fixtures. Concessionaire furnished property is subjected to approval by the COR and the DPW. All electrical equipment will carry the Underwriters Laboratories (UL) Seal of Approval and will be inspected by the USAG-Humphreys DPW prior to installation. The concessionaire shall maintain, repair and replace all concessionaire furnished furniture, fixtures, and equipment. The concessionaire’s investment in furniture, fixtures, and equipment is a business risk which the concessionaire assumes. It is expressly understood and agreed that

Page | 5 neither the USAG-Humphreys DFMWR nor any other agency or instrumentality of the United States Government is, or shall be liable to the concessionaire for costs of the concessionaire’s investment in furniture, fixtures, and equipment in the event of termination of this contract.

C-11 GOVERNMENT FURNISHED POINT OF SALE (POS) OPERATION PROCEDURES

a. All concessionaire sales shall be received by the NAFI Arts and Crafts Center staff and entered into the RecTrac POS system under dedicated key(s); duplicate receipts will be provided to the concessionaire and customer.

b. The NAFI shall provide DFAS and the concessionaire with a monthly reconciled report generated from the POS system, receipts, and receiving report. DFAS will make payment to the concessionaire in accordance to section B-4.

C-12 SANITATION

Concessionaire shall ensure that the entire engraving shop is kept clean and orderly at all times, and that sanitary procedures include cleaning floors, walls, and ceilings. All equipment and materials required for cleaning the engraving shop shall be the responsibility of the concessionaire at no additional cost to the NAFI.

C-13 ANTITERRORSIM TRAINING Contractor shall complete the following training.

a. IWatch Training.

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

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

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

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

https://jkodirect.jten.mil/

Page | 6

c. In the event that the automated system at https://jkodirect.jten.mil (Course #JS-US007-14) is not available (e.g., server problems), Level I AT Awareness Training can be provided by a qualified instructor. However, if the training is not completed online, the Level I AT Awareness Instructor qualification must be coordinated with the Installation Antiterrorism Officer (or Installation Security equivalent) and the resultant name(s) of approved instructors shall be provided the contracting officer or designee along with all associated cost or schedule impacts to the contract. Antiterrorism performance (Level 1 AT Awareness Training attendance and compliance) may be documented as a performance metric under the resultant contract, and be part of past performance information in support of future source selections.

C-14 DEFINITIONS

a. NAFI. Refers to the Nonappropriated Fund Instrumentality. An integral DoD organizational entity that performs an essential Government function. It acts in its own name to provide or assist other DoD organizations in providing morale, welfare, and recreational programs for military personnel and civilians. It is established and maintained individually or jointly by the heads of the DoD components. As a fiscal entity, it maintains custody of and control over its Nonappropriated Funds. It is responsible for the prudent administration, safeguarding, preservation, and maintenance of those appropriated fund resources made available to carry out its function. With its nonappropriated funds, it contributes to the morale, welfare and recreational programs of other authorized organizational entities when so authorized. It is not incorporated under the laws of any State or the District of Columbia and enjoys the legal status of an instrumentality of the United States. The Nonappropriated Fund Instrumentality (NAFI) which is a party to this contract is a nonappropriated fund instrumentality of the Department of the Army. The term “NAFI” is also synonymous and may be used interchangeably with the term “Fund”.

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

Contracting Officers may bind the NAFI only to extent of the authority delegated to them.

c. Contracting Officers’ Representative (COR). The COR is responsible to the Contracting Officer. The COR ensures the CONCESSIONAIRE is performing in accordance with the terms and conditions of the contract. The COR is the on-site representative for the Contracting Officer with authority to act only on behalf of the Contracting Officer as specified in the letter of designation. The COR does not have the authority to award a contract, agree to, or issue a change to the contract.

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

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

f. Federal Holidays. Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, and Labor Day.

g. MWR Authorized Patrons. In accordance with AR 215-1, Chapter 7, Table 7-1.

https://jkodirect.jten.mil/

Page | 7

h. Gross Revenue. Money generated by all sales before deductions for expenses are taken.

SECTION D

PACKAGING AND MARKING

NOT APPLICABLE.

(INTENTIONALLY LEFT BLANK)

Page | 8

SECTION E

INSPECTION AND ACCEPTANCE

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

a. Compliance with requirements of the contract.

b. Prompt response by Contractor to correct problem areas.

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

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

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

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

(d) If any of the services do not conform to contract requirements, the NAFI may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the NAFI may- (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the NAFI may- (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the NAFI that is directly related to the performance of such service; or (2) Terminate the contract for default.

(End of clause)

SECTION F

DELIVERY AND PERFORMANCE

F-1. PERIOD OF PERFORMANCE Performance shall commence upon receipt of a formal written notice to proceed (NTP) and continue for a base period of one (1) year with four (4) one-year option periods.

F-2. PLACE OF PERFORMANCE USAG-Humphreys Arts and Crafts Center room# 1307.

Page | 9

SECTION G

CONTRACT ADMINISTRATION

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

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

APO AP 96271

raegan.a.komperud.naf@mail.mil

G-2. APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE

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

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

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

G-3. PAYMENT TO CONTRACTOR FOR SERVICES

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

b. The Memorandum will be addressed “For” DFAS Texarkana, thru the Korea Region FMD for approval.

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

DFAS Texarkana

ACCOUNTS PAYABLE

PO BOX 6111

TEXARKANA TX 75505-6111 USA

----- OR -----

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

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

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

Page | 10

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H-1. LICENSE AND QUALIFICATIONS The concessionaire is responsible for obtaining all locally required business licenses and provides a copy to the Contracting Officer in their proposal.

H-2. FACILITIES/MAINTENANCE Concessionaire shall comply with the installation fire, safety and security regulations and applicable health and sanitation and environmental protection regulations.

H-3. UTILITIES The NAFI will furnish the concessionaire with electricity to satisfy the normal needs of operation at NO COST to the concessionaire.

H-4. CONSERVATION UTILITIES The concessionaire shall instruct employees in utilities conservation practices. The concessionaire shall perform services under conditions that preclude the waste of utilities.

H-5. CUSTOMER SERVICE

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

b. Patron complaints shall be disposed of by agreement between the patron and the contractor.

Unresolved complaints shall be adjudicated by the Contracting Officer and the decision shall be binding upon the contractor.

H-6. CONTRACTOR PERSONNEL

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

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

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

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

H-7. RESTRICTIONS

a. Concessionaire shall not sublet the premises, assign to another the concession or the conducting thereof, subcontract with another to perform portions or all of this contract, loan to or borrow money from customers, concessionaire employees or USFK personnel, and sell merchandise for other than US currency.

b. The concessionaire is prohibited from using the NAFI provided facility to perform work on

Page | 11 outside business interests.

H-8. LIABILITY AND SECURITY

a. Liability:

(1) The concessionaire shall be:

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

NAFI or for which the NAFI is liable;

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

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

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

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

b. Prevention of Pilferage:

(1) The contractor shall institute and maintain adequate controls and security measures to prevent pilferage throughout the period of the contract including the time that property as described in a(1) (i) and (ii) above is under the contractor's control. The contractor shall submit, immediately to the Contracting Officer information or knowledge he may have concerning such pilferage. In the event that the contractor's employees by direct act or otherwise commit, condone, fail to report, or otherwise are illegally involved in the pilferage of NAFI Property, the contractor shall remove such individuals from work under this contract, if so directed by the Contracting Officer.

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

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

Page | 12

H-9. KEY CONTROL

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

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

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

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

H-10. REMOVAL OF CONTRACTOR’S EMPLOYEES

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

H-11. SAVE HARMLESS

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

H-12. IDENTIFICATION FOR CONTRACTOR’S EMPLOYEES

a. The concessionaire without expense to the NAFI shall provide for each employee, working on this contract, an identification badge as may be approved and directed by the Contracting Officer. Each such employee shall be required to wear his/her badge upon his/her person at all times while on duty at the site of work or at other times and places where identification is required, and in such manner that it will be plainly visible as a means of identification. If required by the Contracting Officer, the concessionaire shall obtain fingerprints and other means of identification for all such employees. All persons hired by the concessionaire for performance under this contract requiring entry to a U.S. Government installation shall be processed through the Contracting Officer, or his/her representative, and approved for entry as required by for contractors requiring entry onto an U.S. Army installation, AR 604-5, AR 606-15. USFK Reg 190-7 is applicable to Army installations. Additional requirements may be necessitated by local supplements to the above- mentioned regulations. The concessionaire shall be responsible for furnishing to each employee, and for requiring each employee engaged on the work to display, Page | 13 identification as approved and directed by the Contracting Officer. Prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon release of any employee.

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

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

(1) Completion or termination of the contract.

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

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

(4) Specific request of the COR due to reasons of faulty workmanship by concessionaire employees.

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

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

H-13. VEHICLE REGISTRATION/TRAFFIC REGULATIONS

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

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

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

d. Vehicle decal - The contractor shall provide the COR with a list of those vehicles (by type and quantity) to be required in the performance of this contract on US Government installations. Decals or temporary passes will be issued only for the geographic areas of the contract's performance.

For example, a contractor performing in Humphreys will not receive a decal for Yongsan.

i. The contractor requiring decals for use of personal vehicles on military installations shall

Page | 14 provide the Contracting Officer with a written rationale substantiating the need for a vehicle in connection with satisfactory performance of the contract. Requests for decals for personal vehicles shall be processed through the Eighth US Army Protocol Office.

H-14. PARKING FOR CONTRACTOR'S EMPLOYEES AND CONTRACTOR'S VEHICLES

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

H-15 INSURANCE CERTIFICATE During the contract term, the concessionaire and its subcontractors shall maintain at least the minimums specified hereunder and not less than those required by Federal and Korean National law. The CONCESSIONAIRE shall be fully responsible to the NAFI for all of its subcontractors and professional consultants.

TYPE OF INSURANCE MINIMUM AMOUNTS

Workman’s Compensation and all occupational disease.

As required by Local Law

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

As required by Local Law

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

$ 500,000

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

$ 25,000 $ 50,000 $ 10,000

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

H-16. 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

Page | 15 its first tax invoice submission. Subsequent tax invoice submissions must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

SECTION I

CONTRACT CLAUSES

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

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

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

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

(End of clause)

I.2 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;

Page | 16

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

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

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

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

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

(End of clause)

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

(a) The Contractor agrees that the Contracting Officer or the Contracting Officer's duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment under the contract.

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

(End of clause)

I.4 INSURANCE-WORK ON A GOVERNMENT INSTALLATION AND/OR OTHER NAFI

LOCATIONS (NOV 2005) BI.012

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

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

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

Page | 17

I.5 ORDER OF PREDEDENCE (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.6 OPTION TO EXTEND SERVICES (NOV 2004) BI.021

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

(End of clause)

I.7 OPTION TO EXTEND THE TERM OF THE CONTRACT (NOV 2004) BI.022

(a) The NAFI may extend the term of this contract by written notice to the Contractor within prior to the expiration of the contract; provided, that the NAFI shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the NAFI to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

I.8 WASTE REDUCTION (NOV 2004) BI.047

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

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

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

(b) Consistent with the requirements of Section 701 of Executive Order 13101, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery

Page | 18

Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part 247).

I.9 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.10 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

(NOV 2004) BI.056

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

(End of clause)

I.11 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.12 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 http://www.treas.gov/offices/enforcement/ofac/sdn/ http://www.treas.gov/offices/enforcement/ofac

Page | 19 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.13 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.14 PROMPT PAYMENT (APR 2011) BI.