NAFUA1-25-Q-0017 Yoga Instruction for Fitness Classes.pdf

July 23, 2025

Defense Logistics Agency

NAF Contracting Office

8725 John J Kingman Rd Suite 1134

Fort Belvoir, VA 22060

Subject: REQUEST FOR QUOTATION (RFQ) NAFUA1-25-Q-0017

Dear Prospective Offeror:

1. This request for quote is for yoga instruction for fitness classes located onboard Defense Supply

Center Columbus, Ohio.

2. Please provide a quotation based upon your best pricing, with any discounts offered to your best customers.

3. If any items or services quoted are “Open Market” items, they must be identified as such on the quote. Please let the undersigned know as soon as possible if additional time is needed to extend the due date for the RFQ.

4. Please respond to this RFQ by emailing response to: Michael Thompson at e-mail:

michael.3.thompson@dla.mil no later than 2:00 p.m. (EST) August 26, 2025 (or sooner if possible) in order to be considered timely. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified above shall be determined as late and will not be considered unless received before award is made, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received. All questions will be due no later than 01:00 p.m. (EST), August 19, 2025 (or sooner if possible) in order to be considered timely. Please contact Amanda S Brown with additional questions at the above noted email address.

5. Please provide a quote for the line item(s) (CLINs) listed below. List Shipping as F.O.B Destination or

F.O.B Origin. For F.O.B Destination: all Shipping Costs/other fees shall be included in the Line Item pricing. Failure to quote on all CLINs or failure to submit all 32 pages of this RFQ with all applicable clauses/provisions filled in will render the quote unacceptable and ineligible for award consideration in the absence of discussions.

6. The NAFI requests the quote to be effective for 30 days after submission.

Special Notes and Instructions:

1. Basis for Award. The NAFI will award a purchase order from this Request For Quotation (RFQ) to the responsible Offeror whose quote conforming to the RFQ will be the best value to the NAFI. Failure to acknowledge any Amendments may result in your quote not being considered for award. Contract type shall be Firm-Fixed-Price (FFP). For the Technical Response - The quote shall consist of narrative and supporting data that address all technical requirements contained in the RFQ. The quote shall be clear, concise, and shall include sufficient detail for effective evaluation. The Offeror’s technical quote must address the following elements:

Factor 1: Technical Capability

Factor 2: Delivery mailto:michael.3.thompson@dla.mil

2. Evaluation and Award Factors.

The Offeror who is deemed responsible and responsive with the Lowest Priced, Technically Acceptable

(LPTA) quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that is contained in the solicited item description or its equal. Quotes initially will be ranked from lowest to highest based on total price. The NAFI will then evaluate the three lowest priced quotes for Technical Acceptability.

However, the NAFI reserves the right to evaluate additional quotes for technical acceptability if deemed to be in the best interest of the NAFI. If additional quotes are evaluated for technical acceptability, they will be evaluated in the order of total price. Award will be made to the responsible Offeror whose quote is the lowest evaluated price among technically acceptable quotes. The NAFI may use various price analysis techniques and procedures to ensure a fair and reasonable price. Examples of such techniques include, but are not limited to the following: comparison of proposed prices received in response to the

RFQ, comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items.

Factor 1 - Technical Capability

Factor 2 – Past Performance

A written notice of award or acceptance of an offer e-mailed or otherwise furnished to the successful

Offeror shall result in a binding contract without further action by either party. Before the Offeror’s specified expiration time, the NAFI may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

3. SUBMISSION REQUIREMENTS

Offerors shall provide detailed responses addressing each evaluation factor, including:

• Resumes and certifications for proposed instructor(s)

• Detailed technical approach and service delivery plan

• Three past performance references with contact information (company, name, email, and phone number).

4. Registrations. To be eligible for award, Offerors must be determined responsible. Offerors are encouraged to register through the System for Award Management (SAM) or if already registered, Offerors must be current. To register or update Reps & Certs that are not current go to https://sam.gov/portal/public/SAM/ and provide information.

5. Site Maintenance. Work areas shall be maintained in a neat, clean, safe condition and all trash, debris, and garbage, which the Contractor generates shall be removed from the premises upon completion and delivery, or daily if the completion/delivery will be completed in more than one day.

6. Completion of Work. The Contractor shall ensure that work for this project is performed in accordance with the criteria herein, and that all items/products in the description shall be fully operational at the completion of work for this project. All surfaces shall be cleaned, and floors shall be swept and/or mopped as needed.

7. Department of Labor Wage Determination:

Department of Labor Wage Determination WD 2015-4729 dated July 8, 2025 applies to the service requirement within this solicitation and is available at https://sam.gov/content/wage-determinations; enter the WD number in the search box and the appropriate wage determination will be displayed with the https://sam.gov/portal/public/SAM/ https://sam.gov/content/wage-determinations applicable wage rates that are required to be paid to employees working on the services provided under the contract.

Section B

Please indicate FOB Destination or Origin and provide the information below:

FOB

DESTINATION/ORIGIN

Shipping Cost

Included?

Yes

No

Payment Terms ______________________________

Delivery Date _________________________________

Company Name:

Unique Entity

Identifier (UEI)

Number:

Cage Code Number:

POC:

Telephone #

E-Mail Address:

Tax ID#:

Existing Contract

Number (i.e GSA, AFNAFPO, Etc):

Warranty Information:

CLIN

Item

No.

Description Qty Unit

Unit

Price

Extended

Price

Yoga Instruction for Fitness Classes

October 1, 2025 – September 30, 2026

104 EA $ $

Yoga Instruction for Fitness Classes

October 1, 2026 – September 30, 2027

104 EA $ $

Yoga Instruction for Fitness Classes

October 1, 2027 – September 30, 2028

104 EA $ $

Yoga Instruction for Fitness Classes

October 1, 2028 – September 30, 2029

104 EA $ $

Yoga Instruction for Fitness Classes

October 1, 2029 – September 30, 2030

104 EA $ $

TOTAL $

Section C – Work Statement

Description/Specifications

1. SCOPE OF WORK: Yoga Classes

(a) Contractor shall provide Yoga Class Instruction at the FMWR Fitness Center, 3390

East Broad Street, Bldg. 27, Columbus Ohio, 43213.

(b) PERIOD OF PERFORMANCE: March 3, 2025, thru March 2, 2026

(c) FEDERAL HOLIDAYS:

(1) The following legal Federal public holidays are observed, and classes will not be held on these days.

New Year’s Day, January 1st.

Martin Luther King’s Birthday, 3rd. Monday in January

Washington’s Birthday, 3rd. Monday in February

Memorial Day, Last Monday in May

Juneteenth, National Independence Day, June 19

Independence Day, July 4th.

Labor Day, 1st. Monday in September

Columbus Day, 2nd. Monday in October

Veteran’s Day, 11 November

Thanksgiving Day, 4th. Thursday in November

Christmas Day, December 25th.

(2) When any of the above listed days falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed.

Additionally, the installation will be closed, and classes will not be held due to the following:

Any day designated by Federal Statue Any day designated by Executive Order Any day designated by President’s Proclamation Any day designated by the DLA Columbus Commander and/or Director

(d) Classes will be conducted as follows:

(1) Contractor shall provide Yoga instructional services 1- 3 days a week for 1 hour, Monday – Saturday, schedule to be coordinated with the Point of Contact

(POC) every three months.

(2) Special Events: The Contractor may participate in special events (i.e. Fitness

Day in May, Aerobathon in December, etc.) conducted at DLA Columbus for one hour, must coordinated with POC.

(3) Maximum participation is up to 20 individuals per class.

*Participants must be at least 18 years of age to participate in this program.

(4) Eligible Participants include Active-Duty Military, Reservists, National Guards, DoD

Civilians, Military & DoD DLA – Columbus Retirees, and Military Family Members.

(i) All eligibility requirements for participation will be validated directly through the MWR

Fitness Center

Staff.

(ii) All registrations and collection of monies for classes will be done by DLA-

Columbus MWR Fitness Center Staff. Contractor shall not accept any monies for classes.

2. QUALITY ASSURANCE

(a) Unless otherwise specified, the contractor is responsible for the performance of quality assurance functions to ensure that the program meets contract requirements. The POC reserves the right to observe and/or monitor the contractor’s work performance to assure those services conform to prescribed requirements.

(b) The NAFI reserves the right to prohibit the contractor from beginning to operate or continuing to operate any session, which is deemed by the POC to be objectionable, unethical, or contrary to Federal laws, Army regulations, and/or the laws of the State of

Columbus.

3. CONTRACTOR PERFORMANCE

The Contractor shall:

(a) Arrive no later than fifteen (15) minutes prior to each scheduled session and prepare the session area so that the session may begin on time.

(b) Provide his/her own music.

(c) Develop instructions for all scheduled sessions for a maximum participation of up to 20 students per class.

(d) Maintain a sign-in log for participants for each class and turn in the sign-in log to the

POC following each class. Maintain attendance forms supplied by the POC; forms are to be signed by the Contractor at the conclusion of each class.

(e) Ensure that services are provided for all scheduled sessions. The Contractor shall follow the cancellation procedures as outlined in No. 4 below. Frequent cancellations of scheduled sessions shall be adequate reason to cancel the contract. Coordinate any scheduling changes with the POC.

(f) Ensure that the instructional area is cleaned up at the end of each session, and that the area provided is left in the same condition as prior to the session.

(g) Not make any changes to the facility or equipment without prior written approval.

Should the contractor desire to make a change; the Contractor shall present the proposed change to the POC in writing. The POC will respond to any such request in a timely manner, after receiving instruction from the Contracting Officer. The Contractor is responsible for setting up and taking down any instructional aides before and after each class.

(h) At no time distribute printed material or change scheduled dates and times without prior approval from POC.

(i) NOT use or dispense any alcoholic beverages, narcotics, dangerous drugs, or other controlled substances to the participants during this contract period.

(j) Keep all information made available because of this contract, to include family information of students, confidential. Failure to comply with this provision is a basis for termination of the contract by the Contracting Officer.

(l) Ensure that a safe atmosphere is always maintained, to include notifying the POC of any physical safety concerns of the facility.

4. CONTRACTOR NON-PERFORMANCE

(a) NON-EMERGENCY. In the event the Contractor is unable to keep scheduled session(s) the POC must be notified not less than seven (7) calendar days prior to the scheduled session. The POC will also notify any student affected by any cancellation(s).

(b) EMERGENCY. Should an emergency occur that prevents the contractor from performing contracted-for services, the Contractor shall notify the POC telephonically of the emergency and identify how the emergency will affect the scheduled session(s) and when the scheduled session(s) will resume. The POC will notify the participant(s) of the emergency and identify when they may anticipate resumption of the scheduled session(s).

5. CONTRACTOR QUALIFICATIONS

The Contractor shall possess the knowledge, skills, and abilities to administer instructions in

Yoga Instructional services. Three or more years of experience teaching this type of classes is required.

NAFUA1-25-Q-0017

6. VALID CERTIFICATION

The Contractor shall be responsible for maintaining valid certifications in CPR. Certification shall be valid at the inception of contract performance by the contractor. It is the

Contractor’s responsibility to ensure certifications remain valid during the life of this contract. Failure to maintain current certifications shall be a basis for contract termination.

Certifications shall be submitted to the Contracting Office by the contractor prior to award of contract:

7. INVOICES

The Contractor shall submit an itemized invoice for payment to the POC within five (5) days succeeding each month. The invoice shall include the contract number, number of classes, sorted by dates and times of instruction, and number of students for each class.

8. POINT OF CONTACT:

TBD

9. PAYMENT

The Contractor shall be paid for services that have been satisfactorily received, as outlined in #3 above, Net 10 calendar days after receipt of invoice(s). Contractor shall receive $50.00 for each class session provided.

10. PROHIBITED ACTIVITIES

The Contractor and its employees shall not:

(a) Insult, use offensive or profane language, or gestures to, or in the presence of, or argue or be discourteous to, any patrons or to other individuals in the presence of patrons.

(b) Use, possess, sell, transfer, or be under the influence of alcohol, narcotics, illegal drugs, or hallucinatory agents at either the contract site or elsewhere on the premises of DLA Columbus.

(c) Engage in, or permit gambling or the use of any device, which promotes gambling to include the sale of lottery tickets on the premises.

(d) Loiter in any place other than area provided by NAFI for performance of this contract as awarded.

(e) Eat, drink, use tobacco products or chew gum in the NAFI provided area.

Smoking is permitted only in designated areas.

(f) The NAFI reserves the right to demand removal of Contractor personnel for “Just

Cause.” “Just Cause” shall include, but not be limited to, rudeness to guests and patrons, abusive language and behavior, in addition to any prohibited activity included in 10 above. The Contractor shall promptly remove any Contractor employee upon a finding by the Contracting Officer or POC that the presence of such employee or agent endangers successful contract performance or is inimical to the best interests of the

NAFI.

11. NAFI-CONTRACTOR RELATIONSHIP

(a) The NAFI and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the NAFI are non-personal services and the parties recognize and agree that no employer- employee or master-servant relationships exist or will exist under the contract between the NAFI and the

Contractor and/or between the NAFI and the Contractor’s employees. It is, therefore, in the best interest of the NAFI to afford the parties a full and complete understanding of their respective obligations.

(b) Contractor personnel under this contract shall not be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal officer, military or civilian.

12. PROHIBITION AGAINST PUBLIC DISCLOSURE OF WORK UNDER THIS

CONTRACT

Public disclosure of information derived from or knowledge gained as a result of work under this Contract whether by press release, word of mouth, written correspondence or any other means is prohibited without the advance written consent of the Contracting Officer. Request for authority to release such information must be made in writing and submitted by the

Contractor to the Contracting Officer. Request must be documented with sufficient evidence to justify requested release as being in the public welfare. Final determination with regard to the necessity of public disclosure of such information remains solely with the Contracting

Officer.

13. NOTICE OF INCIDENTS

The Contractor shall promptly notify the Contracting Officer and POC of any accident or other event at or related to the Contractor that result in damage to the Contractor or the

NAFI, or which results in injury or death to any patron, Contractor employee, or other person. Further, the Contractor shall provide the Contracting Officer and POC such additional information concerning such accident or event as she may reasonably require.

The

Contractor shall cooperate with the NAFI personnel, police, the landlord’s representative, and other public officials in any investigation into such accident or event.

14. DAMAGE/LOSS

The Contractor shall release the NAFI from all liability for damage or loss due to criminal acts or acts of terrorism in the operation of this contract or due to theft, fire, storm, flood, wind, and damage or destruction through any force of nature.

15. SAFETY REQUIREMENTS

(a) The Contractor agrees to keep activities covered by this contract at all times clean, orderly, neat in appearance, and to make no alterations in the premises without prior approval and to comply with all installation fire and safety regulations.

(b) The Contractor shall employ persons who meet the appropriate health standards as prescribed by local, State or Federal public health regulations for the particular type of employment for which engaged. The Contractor shall comply with all Occupational

Safety and Health Administration (OSHA) regulations and publications. The NAFI reserves the right to close the Exercise Instructions to protect the health of the DLA

Columbus employees and visitors.

(c) The Contractor shall conform to all DLA Columbus fire, security and safety regulations and requirements covering such premises in effect at any time during the performance of this contract. The Contractor agrees to take all necessary steps and precautions to prevent accidents and preserve the life and health of Contractor and

Government employees performing or in any way coming in contact with performance of this contract on such premises. The POC upon request will furnish information concerning safety, fire and security regulations to the Contractor. Any violation of such regulations, unless immediately corrected as directed by the POC, shall be grounds for termination of this contract.

(d) The POC or his/her designated representative, or any other person designated by them shall have the right to inspect the premises and operations of the Contractor to assure full compliance with the provisions of this contract The Contractor agrees to yield up said premises in as good order and condition as when the same were entered upon by the

Contractor, damage by fire or inevitable accident or ordinary wear and tear excepted.

16. INSTALLATION ENTRY PASS

The Contractor shall make all arrangements to obtain an Installation Entry Pass, as applicable, for all individuals who will provide services under the terms of this contract.

Additionally, the Contractor shall provide to the POC a list of all individuals who may serve as a sub-contractor of the Contractor. This list shall include the full name of the individual, complete address for their current residence, birth information to include the city, country and date of birth, passport number and issuing country.

17. REPRESENTATION

The Contractor will not represent or permit himself to be represented to the public as an agent or employee of the FUND, non-appropriated Fund, using the name of the non-appropriated FUND on letters, bills, signs, or by any other means. The Contractor, his agents and employees, are in no sense agents of the United States, the non- appropriated FUND, the

Commander of the Installation or any other entity having to do with the operations of the

FUND. The Contractor will not represent in any manner, expressly or by implications, that the services purchased under this contract are approved or endorsed by any element of the

United States Government. Any advertisement, including publicity, will contain a standard statement that the advertisement was neither paid for nor sponsored, in whole or in part by the non-appropriated fund or the FUND.

18. SAVE HARMLESS

The Contractor agrees to identify and hold harmless DLA Columbus, the United States

Government, and their Officer, agents, and employees against liability and against any and all claims for loss, death, injury, or property damage (including cost and expenses incidental thereto), arising out of or in connections with (i) the furnishing by the Contractor of any products, services, or equipment called for hereunder of facilities required in the performance of this contract, (ii) any of the activities or actions of the Contractor’s subcontractors, representatives, agents or employees while performing this contract, or (iii) any of the Contractor’s activities or actions.

19. U.S. INTERNAL REVENUE SERVICE REPORTING REQUIREMENTS

Payments to US CITIZENS, MADE AS A RESULT OF THIS CONTRACT, ARE SUBJECT

TO WITHHOLDING

OF Federal Income and Employment Taxes. Contractor agrees to submit a completed IRS Form

W-9 to the contracting Office prior to providing any services hereunder.

20. INSURANCE REQUIREMENTS

(a) During the contract term, the Contractor shall maintain and pay for the following types of insurance, if applicable:

Type of Insurance Minimum Amount

Workers’ Compensation & Employer’s Liability As required by State Law

Automobile Liability $50,000 per person $50,000 per occurrence

Automobile Liability – Property Damage $25,000 per occurrence

General Liability (Bodily Injury, Property

Damage, and Products Liability) $50,000 per occurrence

(b) Prior to commencing work, the Contractor shall furnish to the Contracting

Officer a copy of the insurance certificates, when applicable.

21. NAFI RESPONSIBLITIES

(a) The NAFI will provide location and space for Specialized Yoga classes.

(b) The NAFI will provide advertisement for the classes.

Section I - Contract Clauses

I.1 DEFINITIONS (DEC 2022) BI.001

I.2 NONAPPROPRIATED FUND INSTRUMENTALITY (NOV 2004) BI.002

I.3 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (APR 2023) BI.003

I.4 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY

DAMAGE (APR 2023) BI.009

I.5 INVOICES (MAR 2020) BI.010

I.6 EXAMINATION OF RECORDS (MAR 2020) BI.011

I.7 INSURANCE-WORK ON A GOVERNMENT INSTALLATION AND/OR OTHER

NAFI LOCATIONS (MAR 2020) BI.012

I.8 ORDER OF PRECEDENCE (NOV 2004) BI.013

I.9 SERVICE CONTRACT LABOR STANDARDS (MAY 2014) BI.041

I.10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (DEC 2010) BI.055 ... 15

I.11 TAXES (NOV 2004) BI.067

I.12 PAYMENTS (MAR 2020) BI.068

I.13 DISCOUNTS FOR PROMPT PAYMENT (NOV 2004) BI.070

I.14 EXTRAS (NOV 2004) BI.073

I.15 PROMPT PAYMENT (MAR 2020) BI.074

I.16 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER (MAR

2020) BI.077

I.17 DISPUTES (NOV 2004) BI.079

I.18 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (APR 2023) BI.080

I.19 CHANGES (NOV 2004) -- ALTERNATE I (NOV 2004) BI.104

I.20 TERMINATION FOR CONVENIENCE (MAR 2020) BI.118

I.21 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) (NOV 2004) BI.120

I.22 CLAUSES INCORPORATED BY REFERENCE (DEC 2021) BI.121

I.23 CONVICT LABOR (NOV 2004) BI.123

I.24 ASSIGNMENT OF CLAIMS (NOV 2004) BI.124

I.25 NONWAIVER OF DEFAULTS (NOV 2004) BI.125

I.26 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS

(APR 2023) BI.128

I.27 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(APR 2023) BI.129

I.28 ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS (DEC

2016) BI.145

I.29 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) BI.151

I.30 COMBATING TRAFFICKING IN PERSONS (MAR 2020) BI.153

I.31 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

BI.155

I.32 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (APR 2023) BI.157

Section I - Contract Clauses

I.1 DEFINITIONS (DEC 2022) BI.001

I.2 NONAPPROPRIATED FUND INSTRUMENTALITY (NOV 2004) BI.002

I.3 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (APR 2023) BI.003

I.4 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY

DAMAGE (APR 2023) BI.009

I.5 INVOICES (MAR 2020) 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) When the due date falls on a Saturday, Sunday, or legal holiday when Government/NAFI facilities and offices are closed, may make payment on the following working day without incurring a late payment interest penalty.

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

(5) 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.

(6) 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.

(7) Discounts. When a discount for prompt payment is taken, the designated payment office will make payment to the contractor as close as possible to, but not later than, the end of the discount period. The discount period is specified by the contractor and is calculated from the date of the contractor's proper invoice. If the contractor has not placed a date on the invoice, the due date is 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. When the discount date falls on a Saturday, Sunday, or legal holiday when NAFI facilities and offices are closed, the designated payment office may make payment on the following working day and take a discount. Payment terms are specified in the clause at BI.070, Discounts for Prompt Payment.

(End of clause)

I.6 EXAMINATION OF RECORDS (MAR 2020) BI.011

(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) The Contractor agrees that the Contracting Officer or the Contracting Officer's duly authorized representative shall have access to and the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.

(c) The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a) and (b) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract.

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

(End of clause)

I.7 INSURANCE-WORK ON A GOVERNMENT INSTALLATION AND/OR OTHER

NAFI LOCATIONS (MAR 2020) BI.012

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

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

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

(End of clause)

I.8 ORDER OF PRECEDENCE (NOV 2004) BI.013

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

(a) The Schedule (excluding the specifications);

(b) Representations and other instructions;

(c) Contract clauses;

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

(e) The specifications.

(End of clause)

I.9 SERVICE CONTRACT LABOR STANDARDS (MAY 2014) BI.041

(a) Definitions. As used in this clause.

"Contractor," when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government Prime Contractor."

"Service employee" means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices, which rank various job classifications by pay grade pursuant to point schemes or other job factors, may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract.

(vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of 41 U.S.C. 6703 and of this contract.

(h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor, which are unsanitary, hazardous, or dangerous to the health or safety of the service employees.

The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(i) Records.

(1) The Contractor and each subcontractor performing work subject to the Service Contract Labor Standards statute shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration, a record of the following:

(i) For each employee subject to the Service Contract Labor Standards statute.

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor's employees, which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.

(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases.

(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Service Contract Labor Standards statute all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this statute may not be of any duration longer than semi-monthly.

(k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the NAFI Prime Contractor under this or any other NAFI contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages or fringe benefits due under the Service Contract Labor Standards statute, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the NAFI may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.

(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Service Contract Labor Standards statute.

(m) Collective bargaining agreements applicable to service employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the NAFI Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the NAFI Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof.

(n) Seniority list. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract.

(o) Rulings and interpretations. Rulings and interpretations of the Service Contract Labor Standards statute are contained in Regulations, 29 CFR Part 4.

(p) Contractor's certification.

(1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it nor any person or firm…