NAFUA1-26-Q-0001 VOLLEYBALL OFFICIALS.pdf

DEFENSE LOGISTICS AGENCY

HEADQUARTERS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6221

DM-Q

31 Oct 2025

Dear Prospective Offeror, The Defense Logistics Agency Family & Morale, Welfare, and Recreation (FMWR) invites qualified offerors to submit proposals in response to the Request for Proposal (NAFUA1-26-

Q-0001) to provide all labor, equipment, materials, and incidentals for volleyball officials at the Defense Supply Center, Columbus, Ohio.

All questions are due to the Contracting Officer in writing no later than 3:00 PM EST on

November 6, 2025. All proposals are due no later than 3:00 PM EST on November 7, 2025.

Should you have any questions regarding the solicitation, please reach out to the Contracting

Officer at stephen.villamil@dla.mil or by phone at 445-737-2448.

Sincerely, S.M. VILLAMIL

Contracting Officer mailto:stephen.villamil@dla.mil

SEE ADDENDUMIS CHECKED.

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

UA1-STEPHEN

stephen.villamil@dla.mil

PHONE: 445-737-2448

Stephen Villamil

LB1 CODE 16. ADMINISTERED BYCODE

SEE SCHEDULE

BLOCK IS MARKED

UA1

RFPIFB

11. DELIVERY FOR FOBCODE

RFQ

14. METHOD OF SOLICITATION

DESTINATION UNLESS

12. DISCOUNT TERMS

11/7/2025 1500 ES445-737-2448Stephen Villamil (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

NAFUA1-26-Q-0001

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(Nonappropriated Funds)

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

1 25PRLB1-HH-00-26-0001

TELEPHONE NO.

17a. CONTRACTOR/

Columbus OH 43213 USA Building 20 3990 East Broad Street DLA Columbus

15. DELIVER TO

Fort Belvoir VA 22060 USA Suite 1134 8725 John J. Kingman Road NAF Contracting Office Defense Logistics Agency

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK BELOW

ISSUE DATE

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 66 EA

Delivery Location Code: LB1

DLA Columbus

3990 East Broad Street

Building 20

Columbus OH 43213 USA

Period of Performance: 11/15/2025 to 04/30/2031

To Provide Volleyball officials for the Volleyball League Matches at DLA FMWR Columbus Fitness Center

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. FOR CONTRACT/PURCHASE ORDER CLAUSES INCORPORATED BY REFERENCE OR ATTACHED, SEE SECTION I. ADDENDA

31a. NONAPPROPRIATED FUND INSTRUMENTALITY (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

27a. FOR SOLICITATIONS, PROVISIONS/CLAUSES INCORPORATED BY REFERENCE OR ATTACHED, SEE SECTION I, L AND M. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

DA FORM 4066, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

ARE NOT ATTACHED.

ARE NOT ATTACHED.

30b. NAME AND TITLE OF SIGNER (Type or Print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED NAFI REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED NAFI REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED NAFI REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

DA FORM 4066, NOV 04 (Back)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 11/12/2025 to 04/30/2031

32f. TELEPHONE NUMBER OF AUTHORIZED NAFI REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED NAFI REPRESENTATIVE

252 of

NAFUA1-26-Q-0001

1. This request for quote is for Volleyball Sports Officials located at 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.

4. Please respond to this RFQ by emailing response to: Stephen Villamil at e-mail:

stephen.villamil@dla.mil no later than 3:00 p.m. (EST) November 7, 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 3:00 p.m. (EST), November 6, 2025 (or sooner if possible) in order to be considered timely.

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 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 intends to 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

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 - Delivery

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. 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.

4. Brand Name or Equal. When using an “Equal product” to substitute the requested brand name product, the Offeror must include the following: (1) MFG name, (2) Part Number, (3) illustrations, and

(4) literature or description (spec sheet) to support equal product substitution in your RFQ submission.

Details of the requesting product to fulfill requirement must be met.

5. Delivery/Assembly. The items must be fully assembled and ready for use upon delivery.

6. 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.

SECTION B – SUPPLIES OR SERVICES AND PRICES

B-1. SCOPE.

This is a procurement of the Defense Logistics Agency (DLA) Morale, Welfare, and Recreation (MWR), a Nonappropriated Funds Instrumentality (NAFI) of the Department of the Army, hereinafter referred to as NAFI. Under the terms of this concession contract, the Contractor shall furnish the services and supplies as detailed in this contract. No appropriated funds of the United States will become due or be paid to the Contractor by reason of this contract.

B-2. TYPE OF CONTRACT. It is anticipated that this solicitation is to be awarded as a Firm- Fixed-Price type contract with a Base Period of One (1) year with Four (4) one-year option periods.

B-3. SUPPLIES AND/OR SERVICES PRICE/COST SCHEDULE. Offeror is to fill in the proposed pricing table below. The amounts below are estimated and the total is a Not To Exceed.

(END OF SECTION B)

CLIN

Item No.

Description Qty Unit Unit Price

Extended Price

TWO (2) VOLLEYBALL OFFICIALS (66 GAMES) – BASE PERIOD

November 15, 2025 – April 30, 2026

66 GAMES

TWO (2) VOLLEYBALL OFFICIALS (66 GAMES) – OPTION PERIOD 1

November 15, 2026 – April 30, 2027

66 GAMES

TWO (2) VOLLEYBALL OFFICIALS (66 GAMES) – OPTION PERIOD 2

November 15, 2027 – April 30, 2028

66 GAMES

TWO (2) VOLLEYBALL OFFICIALS (66 GAMES) – OPTION PERIOD 3

November 15, 2029 – April 30, 2030

66 GAMES

TWO (2) VOLLEYBALL OFFICIALS (66 GAMES) – OPTION PERIOD 4

November 15, 2030 – April 30, 2031

66 GAMES

TOTAL

SECTION C

DESCRIPTION/SPECIFICATION

STATEMENT OF WORK

C.1 Background/Scope of Agreement: The Defense Supply Center Columbus (DSCC), OH is a state-of-the-art fitness facility providing services to Department of Defense military and civilian employees. The Contractor shall provide volleyball officiating (2 officials) for authorized adult patrons at the DSCC Fitness Center.

C.2 Statement of Work: The Contractor shall provide all labor, equipment (non-Governmental furnished equipment), supplies and materials to provide volleyball officiating for the DSCC Fitness Center, a non-appropriated fund instrumentality (NAFI), for its members and their guests for up to a maximum of 66 volleyball matches.

C.3 Contractor Requirements:

C.3.1. The contractor shall provide all labor, supplies and materials to officiate volleyball games at the DSCC Fitness Center in Columbus. Total number of matches Not to Exceed 66.

C.3.2. Games will be held on Wednesday and will begin at 1630-1900 (longer as needed to finish out the match). Games scheduled outside of this time will be coordinated with the Contractor and MWR POC.

C.3.3. The Contractor shall contact DSCC Fitness Center at least four (4) hours prior to the first scheduled match, Wednesday as needed for possible cancellations.

C.3.4. The Contractor shall attend and conduct the overview of volleyball rules and league format at the pre-league meeting to be held at the DSCC Fitness Center.

C.3.5. The Contractor shall maintain nightly league participant sign-in sheets and verifying legal participation throughout the use of team rosters.

C.3.6. Invoices monthly in arrears reflecting actual number of volleyball games officiated for the month being billed.

C.3.7. Must ensure all officials can gain unfettered access to the Fitness Center via the local security office. No foreign Nationals but have a valid ID and pass a security check.

C.3.8. Must maintain proper certifications for officials.

C.3.9. Contractor shall be responsible for making his/her own travel arrangements.

Reimbursements for travel are not authorized under this agreement.

C.3.10. The officials shall report at least ten (10 minutes prior to the start of each scheduled games to meet and provide a brief (up to five (5) minutes) session to DSCC members who have not previously participated in the league/tournament volleyball games.

C.4. Contractor Qualifications: Contractors who have references/qualifications evidencing Contractor has experience performing similar levels of service, shall perform all services under this contract. Contractor shall be qualified to serve independently as a Contractor for all levels of instruction. The Activity may provide input on the level of experience as qualification for a Contractor: however, the Contracting Officer shall make the final determination.

C.5. NAFI RESPONSIBILITIES.

NAFI will:

C.5.1. Provide funding for the volleyball season matches to be played between November and April throughout the duration of the contract. The Contractor is to be paid on a "per match" basis.

C.5.2. Notify the contractor for the date of the league meeting no less than 14 days in advance.

C.5.3. Prepare league announcements and registration materials to prospective players.

C.5.4. Collect all registration rosters and provide to the contractor by a date to be determined at the league meeting.

C.5.5. Create and post league schedules and rules prior to the beginning of the season.

C.5.6. Provide official volleyballs for each match.

C.5.7. Determine whether to cancel or reschedule league matches due to inclement weather or other circumstances.

C.5.8. Provide league cards/sheets to post player names and game scores for the officials during the season.

(END OF SECTION C)

Section F- Deliveries or Performance

F.2 NAFI DELAY OF WORK (DEC 2005) BF.012

Section I - Contract Clauses

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

I.2 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (APR 2023) BI.003

I.3 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY

DAMAGE (APR 2023) BI.009

I.4 INVOICES (MAR 2020) BI.010

I.5 EXAMINATION OF RECORDS (MAR 2020) BI.011

I.6 ORDER OF PRECEDENCE (NOV 2004) BI.013

I.7 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2020) BI.022

I.8 NOTICE TO THE NAFI OF LABOR DISPUTES (NOV 2004) BI.023

I.9 CONTRACT WORK HOURS AND SAFETY STANDARDS-OVERTIME

COMPENSATION (MAR 2020) BI.024

I.10 SERVICE CONTRACT LABOR STANDARDS (MAY 2014) BI.041

I.11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (DEC 2010) BI.055 ... 12

I.12 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (APR 2023) BI.060

I.13 TAXES (NOV 2004) BI.067

I.14 PAYMENTS (MAR 2020) BI.068

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 NO-FAULT TERMINATION (NOV 2004) BI.119

I.22 ASSIGNMENT OF CLAIMS (NOV 2004) BI.124

I.23 NONWAIVER OF DEFAULTS (NOV 2004) BI.125

I.24 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(APR 2023) BI.129

I.25 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (JAN 2022) BI.141

I.26 ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS (DEC

2016) BI.145

I.27 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

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

I.28 COMBATING TRAFFICKING IN PERSONS (MAR 2020) BI.153

I.29 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

BI.155

I.30 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (APR 2023) BI.157

I.31 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG

UYGHUR AUTONOMOUS REGION (APR 2023) BI.159

Section I - Contract Clauses

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

I.2 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (APR 2023) BI.003

I.3 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY

DAMAGE (APR 2023) BI.009

I.4 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.5 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.6 ORDER OF PRECEDENCE (NOV 2004) BI.013

I.7 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2020) BI.022

(a) The NAFI may extend the term of this contract by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option] before contract expiration; provided, that the NAFI shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the NAFI to an extension.

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

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

(End of clause)

I.8 NOTICE TO THE NAFI OF LABOR DISPUTES (NOV 2004) BI.023

I.9 CONTRACT WORK HOURS AND SAFETY STANDARDS-OVERTIME

COMPENSATION (MAR 2020) BI.024

I.10 SERVICE CONTRACT LABOR STANDARDS (MAY 2014) BI.041

I.11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (DEC 2010) BI.055

I.12 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (APR 2023) BI.060

I.13 TAXES (NOV 2004) BI.067

I.14 PAYMENTS (MAR 2020) BI.068

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

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

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

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

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

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

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

(i) The claim is made in good faith;

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

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

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

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

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

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

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

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

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

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

(End of clause)

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

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (APR 2023) BI.080

(a) Definitions. As used in this clause-

"Covered article" means any hardware, software, or service that-

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits NAF/Government use of any covered article. The Contractor is prohibited from-

(1) Providing any covered article that the NAFI/Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the NAFI during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable;

supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

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

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

(1) Description of services to be performed.

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

(3) Place of performance of the services.

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

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

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

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

(End of clause)

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

(a) The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI, in accordance with AR 215-4. In the event of such termination, the Contractor shall immediately stop all terminated work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work on the terminated portion(s) of the contract.

(b) Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the NAFI, using its standard record keeping system, have resulted from the termination. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(c) The Contractor shall, as directed by the Contracting Officer, transfer title and deliver to the NAFI-

(i) The fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated; and

(ii) The completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to the NAFI.

(d) The Contractor shall complete performance of the work not terminated.

(e) The Contractor shall take any action that may be necessary, or that the Contracting Officer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the NAFI has or may acquire an interest.

(f) The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(End of clause)

I.21 NO-FAULT TERMINATION (NOV 2004) BI.119

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

(End of clause)

I.22 ASSIGNMENT OF CLAIMS (NOV 2004) BI.124

The contractor cannot assign any right or delegate any obligations under this contract without the prior written permission of the Contracting Officer.

(End of clause)

I.23 NONWAIVER OF DEFAULTS (NOV 2004) BI.125

Any failure by the NAFI at any time, or from time to time, to enforce or require strict performance of any terms or conditions of this contract will not constitute waiver thereof and will not affect or impair such terms or conditions in any way or the NAFI's right at any time to avail itself or such remedies as it may have for any breach or breaches of such terms and conditions.

(End of clause)

I.24 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(APR 2023) BI.129

I.25 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (JAN 2022) BI.141

(a) Definitions. As used in this clause-

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker -

(1) (i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and-

(A) Whose wages under such contract are governed by the Fair Labor Standards Act ( 29 U.S.C. chapter 8), the Service Contract Labor Standards statute ( 41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute ( 40 U.S.C. chapter 31, subchapter IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2) (i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

(b) Executive Order. This contract is subject to Executive Order (E.O.) 14026 (herein referred to as the Order), the regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Order, and the requirements set forth herein.

(c) Previous Orders. E.O. 13658 established minimum wages for certain workers at $10.10 per hour. The E.O. 13658 rate has increased each year since 2015, rising to $11.25 on January 1, 2022. As of January 30, 2022, E.O. 13658 is superseded by the Order to the extent that it is inconsistent with the Order. In the event that the Order rate is higher than that required under E.O.

13658, this clause requires the Order minimum wage rate to be paid.

(d) Minimum Wage Rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3) (i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (d)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (d)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback.

The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(e) (1) This clause applies to workers as defined in paragraph (a). As provided in that definition-

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered;

and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to-

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C.

214(a) ;

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(f) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O.

minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(g) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker's occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (g)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (g) shall be a violation of 29 CFR 23.260 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(h) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(i) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(j) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(k) Anti-retaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(l) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(m) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (m) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

(End of clause)

I.26 ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS (DEC

2016) BI.145

I.27 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

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

(a) Definitions. As used in this clause-

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A…