DEFENSE LOGISTICS AGENCY

HEADQUARTERS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6221

DM-Q

18 Feb 2026

Dear Prospective Offeror, The Defense Logistics Agency Family & Morale, Welfare, and Recreation (FMWR) invites qualified offerors to submit quotes in response to the Request for Quote (NAFUA1-26-Q- 0006) to provide all labor, equipment, materials, permits, expertise, and clean up for a fireworks display at the Defense Logistics Agency (DLA) at the Defense Distribution Center Susquehanna, New Cumberland, Pennsylvania, on July 2, 2026.

All questions are due to the Contracting Officer in writing no later than 3:00 PM EST on March 3, 2026. All quotes are due no later than 3:00 PM EST on March 12, 2026.

Should you have any questions regarding the solicitation, please reach out to the Contracting Officer at Elizabeth.Sheffield@DLA.mil or by phone at 445-737-9651.

Sincerely, Elizabeth Sheffield Contracting Officer

PAGE OF PAGESNo appropriated funds of the United States shall become due or paid the contractor by reason of this Request for Quotation.

REQUEST FOR QUOTATIONS

(Nonappropriated Funds)

(THIS IS NOT AN ORDER) 1 27

8725 John J. Kingman Road

DLA Installation Mgmt Susquehanna

a. NAME OF CONSIGNEE

9. DESTINATION

(See Schedule)

OTHER

XFOB DESTINATION

7. DELIVERY

30 Days After Award

6. DELIVERY BY (Date)

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

Fort Belvoir VA 22060 USA Suite 1134

NAF Contracting Office Defense Logistics Agency5a. ISSUED BY

PRLL1-JQ-00-26-0001

3. REQUISITION/PURCHASE REQUEST NO.

02/18/2026

2. DATE ISSUED

NAFUA1-26-Q-0006

1. REQUEST NO.

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

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the NAFI to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.03/12/2026 1400 ED

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

17070

e. ZIP CODE

PA

d. STATEf. ZIP CODEe. STATEd. CITY

New Cumberland

c. CITYc. STREET ADDRESS

b. COMPANYa. NAME

8. TO:

5400 G Avenue

b. STREET ADDRESS

NUMBER

737-9651445

AREA CODE

TELEPHONE NUMBER

Elizabeth Sheffield

NAME

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

THIS IS A REQUEST FOR QUOTATION AND DOES NOT

CONSITUTE AN ORDER, YOUR POINT OF CONTACT FOR

THIS RFQ IS ELIZABETH SHEFFIELD, TEL:

445-737-9651, EMAIL: Elizabeth.Sheffield@DLA.mil

Delivery Location Code: LL1 DLA Installation Mgmt Susquehanna 5400 G Avenue Bldg. 400, MWR New Cumberland PA 17070 USA

Period of Performance: 07/02/2026 to 07/03/2026

0001 Provide a spectacular fireworks display at the FMWR Susquehanna Summerfest 2026 Event at the Defense Distribution Center, New Cumberland, PA, Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

DA FORM 4067, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 27

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

NAFUA1-26-Q-0006

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

CONTINUATION SHEET

(Nonappropriated Funds) on July 2, 2026 with rain date of July 3, 2026.

Delivery: 30 Days After Award

UEI NUMBER REQUIRED: CONTRACTOR SHALL PROVIDE A

UNIQUE ENTITY ID (UEI) NUMBER within three (3) calendar days after award. The UEI is generated in SAM.gov. If you are registered in SAM.gov

(active or not) you already have a Unique Entity

ID. It is viewable at SAM.gov

DA FORM 4068, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

NAFUA1-26-Q-0006

Section B - Supplies or Services/Prices Section C - Description/Specifications Section D - Packaging and Marking 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 WALSH-HEALEY PUBLIC CONTRACTS ACT (MAR 2020) BI.036

I.10 RESERVED (MAR 2025) BI.037

I.11 RESERVED (MAR 2025) BI.038

I.12 RESERVED (MAR 2025) BI.039

I.13 SERVICE CONTRACT LABOR STANDARDS (MAY 2014) BI.041

I.14 BUY AMERICAN - SUPPLIES (DEC 2022) BI.051

I.15 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (DEC 2010) BI.055 ...19

I.16 DISCOUNTS FOR PROMPT PAYMENT (NOV 2004) BI.070

I.17 PROMPT PAYMENT (MAR 2020) BI.074

I.18 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER (MAR

2020) BI.077

I.19 PAYMENT BY THIRD PARTY (MAR 2020) BI.078

I.20 DISPUTES (NOV 2004) BI.079

I.21 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (APR 2023) BI.080

I.22 TERMINATION FOR CONVENIENCE (MAR 2020) BI.118

I.23 NO-FAULT TERMINATION (NOV 2004) BI.119

I.24 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) (NOV 2004) BI.120

I.25 CLAUSES INCORPORATED BY REFERENCE (DEC 2021) BI.121

I.26 ASSIGNMENT OF CLAIMS (NOV 2004) BI.124

I.27 NONWAIVER OF DEFAULTS (NOV 2004) BI.125

I.28 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

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

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

BI.155

Section J - List of Attachments………………………………………………………….……23 Section M - Evaluation Factors for Award

Page Intentionally Left Blank

Section B - Supplies or Services/Prices

B-1. OVERVIEW: The Contractor shall provide labor, equipment, materials, permits, expertise and clean up for a fireworks display show for the Defense Logistics Agency (DLA) at the Defense Distribution Center Susquehanna, New Cumberland, Pennsylvania, as defined herein. The Contractor shall furnish the services and supplies as detailed in this Request for Quote (RFQ) for a professional fireworks display for the annual FMWR Susquehanna Summerfest 2026.

Section C - Description/Specifications

C-1. INTRODUCTION.

The Defense Logistics Agency MWR (Morale, Welfare, and Recreation) is seeking to contract a vendor to provide fireworks services as described in this performance work statement for an event on Thursday, July 2, 2026. The rain date is Friday, July 3, 2026.

The location is the Defense Distribution Center Susquehanna, New Cumberland, PA.

C-2. BACKGROUND.

The mission of the Defense Logistics Agency (DLA) Morale, Welfare and Recreation (MWR) is to provide a varied program of wholesome and constructive off-duty recreation activities for military personnel and their family members, which will effectively contribute to the mental, physical, social, and educational enrichment of participants. This fireworks display is a key highlight of the FMWR Susquehanna Summerfest 2026, which will celebrate our country’s Semiquincentennial year.

C-3. MAIN TASK/ORDER OBJECTIVES.

The main objective is to produce a fireworks show lasting approximately 20-30 minutes. The fireworks display will take place on July 2, 2026, beginning at dusk (approximately 9:00 PM). The display shall last approximately 20-30 minutes. The rain date for the event is July 3, 2026. The event will be held at the Defense Distribution Center, Susquehanna, New Cumberland, PA. Approximately 3,000-3,500 veterans, military personnel, retirees, civilian workforce, and their families within the Susquehanna region are expected to attend the event.

C-4. APPLICABLE DOCUMENTS AND REFERENCES.

(a) Army Regulation (AR) 215-1, Military Morale, Welfare, and Recreation

Programs

(b) Army Regulation (AR) 215-4, Nonappropriated Fund Contracting

(c) All applicable federal, state, and local laws, regulations, and standards concerning the transportation, storage, and use of fireworks.

C-5. SCOPE.

(a) Minimum criteria for the fireworks show shall consist of an opening show, a main program, a grand finale, and special effects.

(b) Fireworks Contractor Responsibilities

(1) Obtain all required local, county, and state fireworks permits and approvals, including a Pennsylvania shooter's license (blasting certificate of competency), a certificate of transportation license to transport fireworks, and any other necessary permits. Copies of all permits must be provided to the Contracting Officer at least 15 days in advance of the fireworks.

(2) The fireworks display must be appropriate for a family event and must be approved by the DLA MWR Program Director.

(3) The Contractor will be subject to inspection by the Defense Distribution Center Susquehanna Security Department. MWR will provide a staff member to assist with the processing of necessary security information.

(4) The Contractor must provide an insurance certificate for public liability, property damage, and workers' compensation as required by state law. The minimums are as follows: $500,000 per person, $1,000,000 per occurrence, and $1,000,000 per occurrence for property damage. The Certificate of Insurance shall name the NAFI and installation as additional insured and certificate holder. A copy of the Certificate of Insurance shall be provided to the Contracting Officer within fifteen

(15) days of contract award.

(5) The Contractor is responsible for any off-base storage, staging, and security fees. Fireworks may not be stored on the Defense Distribution Center Susquehanna property.

(6) Pyrotechnicians shall meet licensing standards for the Commonwealth of Pennsylvania.

(7) Provide all necessary mortars, mortar racks, and all equipment to safely fire the display.

(8) Complete cleanup of the firing area.

(9) Inspect all mortars for misfired and live shells.

(10) Fire and/or remove from the site any live mortars at the end of the show.

(11) Perform a thorough safety sweep and inspection after the show with the installation Fire Chief or acting chief and MWR POC present.

(12) The Contractor retains title to the fireworks until the shoot is complete.

(13) The DLA MWR Installation Program Director retains the final authority to postpone/reschedule the show. The DLA MWR Installation Program Director may also cancel the show without penalty 15 days in advance and postpone/reschedule the show up to eight (8) hours prior to the scheduled display. No additional fees will be assessed or paid for weather postponement/rescheduling.

C-6. QUALITY CONTROL.

(a) MWR Responsibilities

(1) Provide clear passage to drive to the firing site.

(2) Provide fire protection and police monitoring at the show site as required by the National Fire Code.

(3) Provide police and crowd control services on the night of the show.

(4) Specific hours services are performed shall be coordinated between the Contractor and the MWR POC.

(b) Contractor Quality Control Responsibilities The Contractor is responsible for developing and implementing a comprehensive quality control plan to ensure the safe and successful execution of the fireworks display. This plan will be made available to the MWR representative upon request and address the following areas:

(1) Personnel:

i. The Contractor shall provide a sufficient number of trained and experienced pyrotechnicians to supervise and execute all aspects of the fireworks display, from set-up to cleanup.

ii. All personnel involved in the display will be qualified and licensed in accordance with all applicable federal, state, and local regulations.

(2) Equipment:

i. All equipment, including mortars, racks, and firing systems, will be inspected for serviceability before each use.

ii. Any damaged or defective equipment will be immediately removed from service and replaced.

iii. All equipment will be of a type and construction that is appropriate for the fireworks being used and will be maintained in good condition.

(3) Safety:

i. The Contractor will conduct a thorough site-specific risk assessment prior to the event to identify and mitigate any potential hazards.

ii. The Contractor will establish and maintain a safe and secure firing site, including the designation of a "Security Zone" that is off-limits to unauthorized personnel.

iii. The Contractor is responsible for the safe handling, storage, and transportation of all pyrotechnic materials.

iv. In the event of changing weather conditions, the Contractor's lead pyrotechnician has the authority to delay or suspend the display to ensure the safety of spectators and property.

v. The Contractor will have a comprehensive emergency response plan in place, including procedures for medical emergencies, fires, and misfires.

(4) Cleanup:

i. At the conclusion of the display, the Contractor will conduct a thorough inspection of the firing site and surrounding areas to locate and safely remove all undischarged pyrotechnic materials and debris.

ii. The Contractor will ensure the firing site is returned to its original condition.

(5) Compliance:

i. The Contractor is responsible for obtaining all necessary permits and licenses required for the fireworks display.

ii. The Contractor will comply with all applicable federal, state, and local laws, ordinances, and regulations, including those set forth by the National Fire Protection Association (NFPA).

C-7. EDUCATION AND EXPERIENCE.

Pyrotechnicians shall meet all licensing standards for the Commonwealth of Pennsylvania.

C-8. SECURITY.

The Contractor shall comply with all applicable Department of Defense (DoD) security regulations and procedures during the performance of this contract. The Contractor shall not disclose and must safeguard sensitive information, computer systems and data, privacy act data, and Government and contracted personnel work products that are obtained or generated in the performance of this contract. The Contractor is responsible for safeguarding information of a sensitive nature. Failure to safeguard any privileged information which may involve the Contractor or the Contractor's personnel or to which they may have access may subject the Contractor and/or the Contractor's employees to criminal liability under Title 18, section 793 and 7908 of the United States Code.

Section D - Packaging and Marking

This page intentionally left blank.

Section I - Contract Clauses

I.1 DEFINITIONS (DEC 2022) BI.001

(a) This part-

(1) Defines words and terms that are frequently used in the Morale Welfare and Recreation Nonappropriated Contracting Regulation

AR 215-4;

(2) Provides cross-references to other definitions in AR 215-4 of the same word or term; and

(3) Provides for the incorporation of these definitions in solicitations and contracts by reference.

(b) Other clauses may define other words or terms and those definitions only apply to the part, subpart, or section where the word or term is defined.

(c) A word or a term, defined in this section, has the same meaning throughout this AR 215-4, unless-

(1) The context in which the word or term is used clearly requires a different meaning; or

(2) Another clause part, subpart, or section provides a different definition for the particular part or portion of the part.

"Architect-engineer services", as defined in 40 U.S.C. 1102, means-

(1) Professional services of an architectural or engineering nature, as defined by State law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide those services;

(2) Professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and

(3) Those other professional services of an architectural or engineering nature, or incidental services, that members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.

"Assignment of claims" means the transfer or making over by the Contractor to a bank, trust company, or other financing institution, as security for a loan to the Contractor, of its right to be paid by the NAFI for contract performance.

"Best value" means the expected outcome of an acquisition that, in the NAFI's estimation, provides the greatest overall benefit in response to the requirement.

"Change-of-name agreement" means a legal instrument executed by the Contractor and the NAFI that recognizes the legal change of name of the Contractor without disturbing the original contractual rights and obligations of the parties.

"Change order" means a written order, signed by the contracting officer, directing the Contractor to make a change that the Changes clause authorizes the contracting officer to order without the Contractor's consent.

"Chief Acquisition Officer" means an executive level acquisition official responsible for agency performance of acquisition activities and acquisition programs.

"Claim" 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 terms, or other relief arising under or relating to the contract.

"Classified information" means any knowledge that can be communicated or any documentary material, regardless of its physical form or characteristics, that-

(1) (i) Is owned by, is produced by or for, or is under the control of the NAFI; or

(ii) Has been classified by the Department of Energy as privately generated restricted data following the procedures in 10 CFR 1045.21; and

(2) Must be protected against unauthorized disclosure according to Executive Order12958, Classified National Security Information, April 7,1995, or classified in accordance with the Atomic Energy Act of 1954.

"Commercial component" means any component that is a commercial product.

"Commercial computer software" means any computer software that is a commercial product or commercial service.

"Commercial Item" means a product or a service (e.g., items, supplies, materials, components) sold or traded to the general public in the course of conducting normal business operations at established catalog or market prices.

"Commercial product" means-

(1) A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and-

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offered for sale, lease, or license to the general public;

(2) A product that evolved from a product described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a solicitation;

(3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for-

(i) Modifications of a type customarily available in the commercial marketplace; or

(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet NAFI requirements. "Minor modifications" means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;

(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) of this definition that are of a type customarily combined and sold in combination to the general public;

(5) A product, or combination of products, referred to in paragraphs (1) through (4) of this definition, even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a Contractor; or

(6)A non-developmental item, if the procuring agency determines the product was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.

"Commercial service" means-

(1) Installation services, maintenance services, repair services, training services, and other services if-

(i)Such services are procured for support of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the same time as the commercial product; and

(ii)The source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the NAFI;

(2) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. For purposes of these services-

(i) Catalog price means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and

(ii) Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the Offerors; or

(3) A service referred to in paragraph (1) or (2) of this definition, even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a Contractor.

"Commercially available off-the-shelf (COTS) item" Is any item or supply (including construction material) that is a commercial item as defined in paragraph (a) in this section and is sold in substantial quantities in the commercial marketplace and is offered to the NAFI under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace. COTS require no unique NAFI modifications or maintenance over the life cycle of the product to meet the requirements of the NAFI.

"Component" means any item supplied to the NAFI as part of an end item or of another component, unless specifically defined otherwise herein.

"Computer database" or "database" means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

"Computer software" -

(1) Means (i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

(2) Does not include computer databases or computer software documentation.

"Computer software documentation" means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

"Construction" means construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. For purposes of this definition, the terms "buildings, structures, or other real property" include, but are not limited to, improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, cemeteries, pumping stations, railways, airport facilities, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, and channels. Construction does not include the manufacture, production, furnishing, construction, alteration, repair, processing, or assembling of vessels, aircraft, or other kinds of personal property.

"Contiguous United States" (CONUS) means the 48 contiguous States and the District of Columbia.

"Continued portion of the contract" means the portion of a contract that the Contractor must continue to perform following a partial termination.

"Contract" means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the NAFI to an expenditure of nonappropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C.6301, et seq.

"Contract clause" or "clause" means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award.

"Contract modification" means any written change in the terms of a contract.

"Contracting" means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements.

"Contracting activity" means an element of an agency designated by the agency head and delegated broad authority regarding acquisition functions.

"Contracting office" means an office that awards or executes a contract for supplies or services and performs postaward functions.

"Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. This authority is granted through the means of a certificate of appointment (warrant). The term includes certain authorized representatives of the contracting office acting within the limits of their warrant authority as delegated by the contracting officer. Administrative contracting officer (ACO) refers to a contracting officer who is administering contracts. Termination contracting officer (TCO) refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation to an ACO or TCO does not (a) require that a duty be performed at a particular office or activity or (b) restrict in any way a contracting officer in the performance of any duty properly assigned.

"Contracting officer's representative" (COR) means an individual, including a contracting officer's technical representative (COTR), designated, and authorized in writing by the contracting officer to perform specific technical or administrative functions.

"Cost realism" means that the costs in an Offeror's proposal-

(1) Are realistic for the work to be performed;

(2) Reflect a clear understanding of the requirements; and

(3) Are consistent with the various elements of the Offeror's technical proposal.

"Day" means, unless otherwise specified, a calendar day.

"Debarment" means action taken by a debarring official under FAR 9.406 to exclude a Contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a Contractor that is excluded is "debarred."

"Delivery order" means an order for supplies placed against an established contract or with Government sources.

"Effective date of termination" means the date on which the notice of termination requires the Contractor to stop performance under the contract. If the Contractor receives the termination notice after the date fixed for termination, then the effective date of termination means the date the Contractor receives the notice.

"Electronic commerce" means electronic techniques for accomplishing business transactions including electronic mail or messaging, World Wide Web technology, electronic bulletin boards, purchase cards, electronic funds transfer, and electronic data interchange.

"Electronic Funds Transfer" (EFT) means any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. The term includes Automated Clearing House transfers, Fedwire transfers, and transfers made at automatic teller machines and point-of-sale terminals. For purposes of compliance with 31 U.S.C.3332 and implementing regulations at 31 CFR part 208, the term "electronic funds transfer" includes a Governmentwide commercial purchase card transaction.

"Emergency" means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States ( 42 U.S.C. 5122).

"End product" means supplies delivered under a line item of a NAFI contract, except for use in clauses BI.051, BI.052, and BI.053.

"Environmentally preferable" means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.

"Executive agency" means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C.9101.

"Federal agency" means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect's direction).

"Federally-controlled information system" means an information system ( 44 U.S.C. 3502(8) used or operated by a Federal agency, or a Contractor or other organization on behalf of the agency ( 44 U.S.C. 3544(a)(1)(A)).

"F.o.b." means free on board. This term is used in conjunction with a physical point to determine-

(1) The responsibility and basis for payment of freight charges; and

(2) Unless otherwise agreed, the point where title for goods passes to the buyer or consignee.

"F.o.b. destination" means free on board at destination; i.e., the seller or consignor delivers the goods on seller's or consignor's conveyance at destination. Unless the contract provides otherwise, the seller or consignor is responsible for the cost of shipping and risk of loss.

"F.o.b. origin" means free on board at origin; i.e., the seller or consignor places the goods on the conveyance. Unless the contract provides otherwise, the buyer or consignee is responsible for the cost of shipping and risk of loss.

"Freight" means supplies, goods, and transportable property.

"Head of the agency" (also called "agency head"), including any deputy or assistant chief official of the agency; and the term "authorized representative" means any person, persons, or board (other than the Contracting Officer) authorized to act for the head of the agency or Secretary.

"Head of the contracting activity" means the official who has overall responsibility for managing the contracting activity.

"In writing", "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

"Information security" means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide-

1) Integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity;

(2) Confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and

(3) Availability, which means ensuring timely and reliable access to, and use of, information.

"Information technology" means any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency.

(1) For purposes of this definition, equipment is used by an agency if the equipment is used by the agency directly or is used by a Contractor under a contract with the agency that requires-

(i) Its use; or

(ii) To a significant extent, its use in the performance of a service or the furnishing of a product.

(2) The term "information technology" includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

(3) The term "information technology" does not include any equipment that-

(i) Is acquired by a Contractor incidental to a contract; or

(ii) Contains imbedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment, such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.

"Inherently governmental/NAFI function" means, as a matter of policy, a function that is so intimately related to the public interest as to mandate performance by Government/NAFI employees. This definition is a policy determination, not a legal determination. An inherently governmental or NAFI function includes activities that require either the exercise of discretion in applying Government/NAFI authority, or the making of value judgments in making decisions for the Government/NAFI. Governmental/NAFI functions normally fall into two categories: the act of governing, i.e., the discretionary exercise of Government/NAFI authority, and monetary transactions and entitlements.

(1) An inherently governmental/NAFI function involves, among other things, the interpretation and execution of the laws of the United States so as to-

(i) Bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise;

(ii) Determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise;

(iii) Significantly affect the life, liberty, or property of private persons;

(iv) Commission, appoint, direct, or control officers or employees of the United States; or

(v) Exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of Federal funds.

(2) Inherently governmental/NAFI functions do not normally include gathering information for or providing advice, opinions, recommendations, or ideas to Government/NAFI officials. They also do not include functions that are primarily ministerial and internal in nature, such as building security, mail operations, operation of cafeterias, housekeeping, facilities operations and maintenance, warehouse operations, motor vehicle fleet management operations, or other routine electrical or mechanical services.

"Inspection" means examining and testing supplies or services (including, when appropriate, raw materials, components, and intermediate assemblies) to determine whether they conform to contract requirements.

"Insurance" means a contract that provides that for a stipulated consideration, one party undertakes to indemnify another against loss, damage, or liability arising from an unknown or contingent event.

"Invoice" means a Contractor's bill or written request for payment under the contract for supplies delivered or services performed (see also "proper invoice").

"Latent defect" means a defect that exists at the time of acceptance but cannot be discovered by a reasonable inspection.

"Line item" means the basic structural element in a procurement instrument that describes and organizes the required product or service for pricing, delivery, inspection, acceptance, invoicing, and payment. The use of the term "line item" includes "subline item," as applicable.

"Line item number" means either a numeric or alphanumeric format to identify a line item.

"Market research" means collecting and analyzing information about capabilities within the market to satisfy agency needs.

"May" denotes the permissive. However, the words "no person may..." mean that no person is required, authorized, or permitted to do the act described.

"Must" (see "shall").

"Nondevelopmental item" means-

(1) Any previously developed item of supply used exclusively for governmental/NAFI purposes by a Federal agency, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement;

(2) Any item described in paragraph (1) of this definition that requires only minor modification or modifications of a type customarily available in the commercial marketplace in order to meet the requirements of the procuring department or agency; or

(3) Any item of supply being produced that does not meet the requirements of paragraphs (1) or (2) solely because the item is not yet in use.

"Offer" means a response to a solicitation that, if accepted, would bind the Offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers, unless defined otherwise herein.

"Offeror" means offeror or bidder.

"Option" means a unilateral right in a contract by which, for a specified time, the NAFI may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract.

"Outlying areas" means-

(1) Commonwealths

(i) Puerto Rico.

(ii) The Northern Mariana Islands;

(2) Territories.

(i) American Samoa.

(ii) Guam.

(iii) U.S. Virgin Islands; and

(3) Minor outlying islands.

(i) Baker Island.

(ii) Howland Island.

(iii) Jarvis Island.

(iv) Johnston Atoll.

(v) Kingman Reef.

(vi) Midway Islands.

(vii) Navassa Island.

(viii) Palmyra Atoll.

(ix) Wake Atoll.

"Overtime" means time worked by a Contractor's employee in excess of the employee's normal workweek.

"Partial termination" means the termination of a part, but not all, of the work that has not been completed and accepted under a contract.

"Past performance" means an Offeror's or Contractor's performance on active and physically completed contracts

"Personal property" means property of any kind or interest in it except real property, records of the Federal Government, and naval vessels of the following categories:

(1) Battleships;

(2) Cruisers;

(3) Aircraft carriers;

(4) Destroyers; and

(5) Submarines.

"Pricing" means the process of establishing a reasonable amount or amounts to be paid for supplies or services.

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

"Procurement" (see "acquisition").

"Procuring activity" means a component of a NAFI having a significant acquisition function and designated as such by the head of the agency. Unless agency regulations specify otherwise, the term "procuring activity" is synonymous with "contracting activity."

"Products" has the same meaning as "supplies."

"Proper invoice" means an invoice that meets the minimum standards specified in clause BI.010.

"Purchase order", when issued by the NAFI, means an offer by the NAFI to buy supplies or services, including construction and research and development, upon specified terms and conditions, using simplified acquisition procedures.

"Receiving report" means written evidence that indicates NAFI acceptance of supplies delivered or services performed

"Registered in the System for Award Management" (SAM) means that-

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the Electronic Funds Transfer indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record Active.

"Shall" denotes the imperative.

"Shipment" means freight transported or to be transported.

"Should" means an expected course of action or policy that is to be followed unless inappropriate for a particular circumstance.

"Signature" or "signed" means the discrete, verifiable symbol of an individual that, when affixed to a writing with the knowledge and consent of the individual, indicates a present intention to authenticate the writing. This includes electronic symbols.

"Solicitation" means any request to submit offers or quotations to the NAFI. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer.

"Solicitation provision" or "provision" means a term or condition used only in solicitations and applying only before contract award.

"Supplies" means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities;

ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing.

"System for Award Management" (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes.

"Task order" means an order for services placed against an established contract or with Government sources.

"Taxpayer Identification Number" (TIN) means the number required by the IRS to be used by the Offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

"Technical data" means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (see 41 U.S.C. 116).

"Terminated portion of the contract" means the portion of a contract that the Contractor is not to perform following a partial termination. For construction contracts that have been completely terminated for convenience, it means the entire contract, notwithstanding the completion of, and payment for, individual items of work before termination.

"Termination for convenience" means the exercise of the NAFI's right to terminate performance of work completely or partially under a contract when it is in the NAFI's interest.

"Termination for default" means the exercise of the NAFI's right to terminate a contract completely or partially because of the Contractor's actual or anticipated failure to perform its contractual obligations.

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity.

See www.sam.gov for the designated entity for establishing unique entity identifiers.

"Warranty" means a promise or affirmation given by a Contractor to the NAFI regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract.

(End of clause)

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

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor's vehicles or other equipment by, or the action of, the Contractor or the Contractor's employees and agents.

(b) The NAFI/Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor's employees and agents in performing under this contract, and the Contractor shall indemnify and save harmless the NAFI/Government from any such claims for damage or injury.

(End of clause)

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…