RFP CYP 2022 CNRSE 9.2.2022.doc

N09697-22-R-0004

THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

2.

CONTRACT NUMBER

3.

SOLICITATION NUMBER

4.

TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

5.

DATE ISSUED

6.

REQUISITION/PURCHASE NUMBER

N09697-22-R-0004

7.

ISSUED BY

CODE

8.

ADDRESS OFFER TO (If other than item 7)

COMMANDER, NAVY REGION SOUTHEAST

NAF ACQUISITIONS BRANCH N945

BUILDING 919 LANGLEY AVE.

JACKSONVILLE, FL 32212

POC: CONTRACTING OFFICER, 904-542-3428

ROLONDO.R.TURNER.NAF@US.NAVY.MIL

NOTE:

In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9.

Sealed offers in original and

hand carried, in the depository located in

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. L-6. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A.

NAME

B.

TELEPHONE (NO COLLECT CALLS)

C.

E-MAIL ADDRESS

11. TABLE OF CONTENTS

STATEMENTS OF OFFERORS

27-30

OFFER (Must be fully completed by offeror)

12.

In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13.

DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 17)

NET 30

14.

ACKNOWLEDGMENT OF AMEND-

MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A.

NAME AND

ADDRESS

OF OFFEROR

CODE

FACILITY

16.

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15C.

CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17.

SIGNATURE

18.

OFFER DATE

AWARD (To be completed by Government)

19.

ACCEPTED AS TO ITEMS NUMBERED

20.

AMOUNT

21.

ACCOUNTING AND APPROPRIATION

NON APPROPRIATED FUNDS

22.

AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

23.

SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM

FORMCHECKBOX

10 U.S.C. 2304(c)

41 U.S.C. 253(c)

See Section G

24.

ADMINISTERED BY (If other than Item 7)

CODE

25.

PAYMENT WILL BE MADE BY

CODE

See Section G

26.

NAME OF CONTRACTING OFFICER (Type or print) 27.

UNITED STATES OF AMERICA

28.

AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

CHILD DEVELOPMENT CENTER SPACES (COMMANDER NAVY REGION SOUTHEAST)

PART I, SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL: This is a procurement of the Commander Navy Region Southeast (CNRSE) Fleet and Family Readiness Program (FFRP) Non-appropriated Funds Instrumentality (NAFI) hereinafter referred to as NAFI.

B.2 INCURRED COSTS: CNRSE FFRP shall not be liable for any costs incurred by the offeror in submitting offers in response to this solicitation.

B.3 TYPE OF CONTRACT: It is anticipated as a result of this solicitation, Multiple Firm-Fixed-Price non-personal service contracts will be awarded.

B.4 PERIOD OF PERFORMANCE: Base year period with four (4) one-year option periods.

The base year is to begin upon contract award.

B.5 AWARD: Upon award of contract, Section K, L and M of the solicitation, and the Contractor’s proposal, including any revisions will be incorporated by reference subject to Clause 16, Order of Precedence.

B.6 RATE:

B.6.1 Base Period (12 months):

Physical address of available spaces by age group demographic.

Location__ ________________________________________________________________

Hours of Operation______________________________________________________________

(10 consecutive hours from Monday through Friday between 0600 and 1800)

M-F closures - Contractor recognized childcare industry closure dates, example: federal/religious holidays, etc.

BASE YEAR

Multiple Family Attendant Policy/Discount (if applicable) ______________________________________________

Late Pick Policy/Fees (if applicable) ________________________________________________________________

B.6.2 Option Year 1 (One):

OPTION YEAR 1 (ONE) (ESTIMATE)

B.6.3 Option Year 2 (Two):

OPTION YEAR 2 (TWO) (ESTIMATE)

B.6.4 Option Year 3 (Three):

OPTION YEAR 3 (THREE) (ESTIMATE)

B.6.5 Option Year 4 (Four):

OPTION YEAR 4 (FOUR) (ESTIMATE)

Base Year & All Option Years Total Estimated Price $ ___________

(END OF SECTION B)

PART I, SECTION C: DESCRIPTION/SPECS/WORK STATEMENT

C.1 BACKGROUND

C.1.2 Navy Child & Youth Program (CYP) supports military and Department of Defense (DOD) families worldwide as they protect and serve our country. We do this by providing high quality, innovative, accessible, and affordable childcare that supports school readiness, and recreational programs for military and children and youth worldwide.

C.1.3 A leader in child care reform, Navy CYP has aggressively responded to the requirements of the 1989 Military Child Care Act (MCCA) by raising the bar for quality expectations, increasing performance and outcomes criteria, and investing in critical resources including personnel, professional development, facilities, and technology. Today, Navy CYP is known and well respected for the tremendous impact it has had on the entire early childhood and youth services landscape—not just for military childcare and the families it serves, but also for children and families who participate in non-military operated programs.

C.1.4 The MCCA was a pivotal moment for military childcare. Congress passed the MCCA in response to great concern over the lack of quality and accessibility of childcare for military families. The MCCA became the catalyst for a complete transformation of military childcare, and focused on improving the quality, affordability, and accessibility of military child care by:

Requiring the development and implementation of comprehensive standards;

Establishing national accreditation requirements;

Enforcing licensing mandates through a rigorous inspection and annual certification process;

Creating an effective and efficient child care subsidy system to reduce the financial burden on military families, and implementing a sliding fee scale based on family income;

Improving wages for staff;

Strengthening training and professional development, including providing designated Training Specialists to support training and curriculum development;

Developing an effective inspection system, including unannounced inspection visits and closure for noncompliance.

C.1.5 Today, Navy CYP operates over 40,000 child care spaces world-wide through 237 Child Development facilities, Navy certified Family Child Care Homes, and through subsidized commercial child care facilities throughout the United States that meet MCCA requirements. We manage our requests for care and waiting list through MilitaryChildCare.com that provides eligible families with all locations that are part of the DOD network of military child care including real-time anticipated wait times for care.

C.1.6 Within the CNRSE Region, there has historically been lack of available, affordable, quality child care spaces to support military families.

C.2 PURPOSE

COMMANDER NAVY REGION SOUTHEAST (CNRSE) requires up to fifty (50) dedicated early childhood development (childcare) spaces and seeks responsive and responsible public and private offerors who can provide the Navy with ten to fifty (10-50) dedicated early childhood development (childcare) spaces year round. Qualified spaces offered must be located within 25 miles of the proximity identified in the Jacksonville Florida, zip code 32212. Qualifying childcare spaces shall be available for children ages 6 weeks to 5 years of age in a childcare facility(s) that meet requirements of the MCCA; are nationally accredited/or able to meet National accreditation standards is highly encouraged within one year of operation; and are state of FL licensed.

C.3 SCOPE OF WORK

C.3.1 The organization provides Navy with dedicated childcare spaces:

a) Provides childcare year round

b) Located within 25 mile radius of Jacksonville Florida zip code 32212

c) Qualifying childcare spaces shall be available for children ages 6 weeks to 5 years of age. CNIC Child Youth Program will determine qualified children and inform the Contractor

d) Program is State Licensed meets requirements of the Military Child Care Act (MCCA) by being nationally accredited or meeting accreditation standards within one year of operation AND maintaining accreditation annually from a national accrediting body is preferred; all staff in direct contact with children must meet state background check requirements

e) Minimum of ten (10) continuous operating hours daily Monday – Friday within 0600 to 1800

f) Comprehensive inclusion program to support children with special needs;

g) Food service program that meets USDA standards

h) Maintain liability insurance per Part II, Section I, Para 11

i) Utilize MilitaryChildCare.com to advertise programs to Navy families C.3.2 Contractor shall provide the Navy with agreed upon quantity of qualified, dedicated full-time child care spaces on an annual basis for Navy’s specified children. Childcare spaces provided shall be dedicated for the sole use of Navy children however; the Navy may allocate these spaces to various Navy children on a daily, weekly, annual part-time or hourly basis, as needed.

C.3.3 Child care spaces shall be available 52 weeks per year recognizing child care industry generally accepted closures for federal/religious holidays.

C.3.4 Navy will provide offeror with enrollment information for all Navy children to enable offeror to properly enroll all Navy children into the respective program.

C.3.5 Contractor is not authorized to utilize or sell any un-used Navy contracted space at any time.

C.3.6 Dedicated spaces shall meet the Navy’s minimum quality standards described in the SOW.

C.3.7 Spaces shall be available for quality inspection by authorized Navy personnel anytime Navy eligible users are in care. A list of Inspectors will be provided by the CNIC CYP Program.

C.3.8 Spaces must be licensed by the state of Florida, accreditation of the following is highly encouraged.

National Association for the Education of Young Children (NAEYC);

National Accreditation Commission for Early Care and Education Programs (NAC);

National Early Childhood Program Accreditation (NECPA) C.3.9 Contractor shall provide Navy with notice as soon as possible of any child that is scheduled to dis-enroll. In the event a child may need to be dis-enrolled for behavioral issues, the Contractor shall notify the Navy as soon as possible.

C 3.10.Federal Holidays - The U.S. Government recognizes the following Legal Holidays established by Federal Statute:

New Year’s Day – January 1 Birthday of Martin Luther King Jr. – Third Monday in January Washington’s Birthday – Third Monday in February Memorial Day – Last Monday in May Juneteenth National Independence Day- June 19

Independence Day – July 4 Labor Day – First Monday in September Columbus Day – Second Monday in October Veterans Day – November 11 Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25 (End of Section C)

PART I, SECTION D: PACKAGING AND MARKING- NOT APPLICABLE

(End of Section D)

PART I, SECTION E: INSPECTION AND ACCEPTANCE

E-1. SURVEILLANCE, INSPECTIONS, AND ACCEPTANCE.

See Clause 10- Entitled: “Inspection”

(End of Section E)

PART I, SECTION F: DELIVERIES OR PERFORMANCE

F-1. PERIOD OF PERFORMANCE. Date of contract award with a base year of one (1) year, and four (4) one-year option periods. Subject to availability of funds.

F-2. PLACE OF PERFORMANCE. TBD

F-3. DELIVERABLES. Offeror shall provide Navy with monthly utilization reports for each space, including daily attendance (arrival and departure times). CNIC CYP Program will provide the report format to be used.

(End of Section F)

PART I SECTION G - CONTRACT ADMINISTRATION DATA:

G.1 INVOICES

In addition to Section I Clause 12 titled “Invoices”.

All invoices presented for payment under the resultant contract for services rendered shall be submitted for payment in thirty day increments. Charges that are not specifically identified and approved in advance by the NAFI will not be paid. Original receipts shall be maintained by the Contractor and made available to NAFI auditors upon request. The invoice shall be submitted on official company letterhead with detailed costs for each of the following categories:

· Invoice date

· Name of Contractor

· Contract number, description of supplies or services, quantity, unit price, and extended total

· Name and address to which payment is to be sent (name must be the same as that in the contract or on a proper notice of assignment)

· Name, title, telephone number and mailing address of person to be notified in the event of a defective invoice

· Travel and per diem charges (if any)

· Total other direct costs (ODCs) (if any)

· Total invoice amount

· Prompt payment discount offered, if applicable

G.2 INVOICE SUBMISSION

Submit Invoices To:

CNRSE MWR ACCOUNTING OFFICE

Bldg. 919 Langley St Box 14D

Jacksonville, FL 32212

Ms. Helen Campbell

PHONE: (904) 542-6011

helen.l.campbell8.naf@us.navy.mil ***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.

G.3 PAYMENT METHODS

Electronic funds transfer payments are available for processing invoices for this contract in accordance with the prompt payment act via the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association or via credit card procedures with Single Use Account (SUA). Single-Use Account (SUA) is an electronic payment tool that eliminates the need for a physical credit card. SUA provides a single electronic card for each payment. A 16-digit virtual account is provided for each payment and the credit limit is set for the specific payment amount. Electronic funds transfer ACH payments will be processed on a Net 30 day basis. Prospective contractors shall include their desired payment method in their proposal.

G.4 PAYMENT

Payment will be made by the Navy for agreed upon quantity of spaces on a monthly basis. Payment for CNRSE contracted spaces will be made regardless of utilization.

G.5 FINAL PAYMENT

Invoices for final payment must be so identified and submitted when at the end of the contract and no further charges are to be incurred along with a “release of claims” memo. These close-out invoices, or a written notification that final invoicing has been completed, must be submitted within 90 working days of contract completion. A copy of the Final Acceptance must be attached to final invoice. If the contractor requires an extension of the 90-day period, a request with supporting rationale must be received by the client representative and the contracting officer prior to the end of the 90-day period.

(END OF SECTION G)

PART I, SECTION H –SPECIAL CONTRACT REQUIREMENTS:

H-1 Contracting Officer’s Representative (COR).

The COR, if appointed, shall be identified upon contract award and duties and responsibilities provided to the awarded contractor in a separate appointment letter.

H-2 OPTION TO EXTEND THE TERM OF THE CONTRACT.

a. The Contracting Officer shall advise the contractor in writing at least 30 calendar days before the contract period expires of NAFI’s desire to extend the period of the contract for the designated time period for each option period. If the NAFI exercises this option, the extended contract shall be considered to include this option provision.

b. The total duration of this contract, including any extension pursuant to the option exercised under this clause, shall not exceed 5 years from the date of the original contract.

H-3 CONTINUITY OF SERVICES:

(a) The Contractor recognizes that the services under this contract are vital to CNRSE Family Readiness Program and must be continued without interruption and that, upon contract expiration, a successor, either CNRSE FRP or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

H-4. Department of Labor Wage Determination:

Department of Labor Wage Determination WD-2015-4539 applies to the service requirement within this solicitation and is available at http://www.wdol.gov/sca.aspx#0 ; select the appropriate state and county where services will be conducted in support of this requirement and follow the instructions. The appropriate wage determination will be displayed with the applicable wage rates that are required to be paid to employees working on the services provided under the contract.

H-5. Establishing a Minimum Wage for Contractors (Dec 2014):

a. This Contract is subject to Executive Order 13658, the regulations issued by the Secretary of Labor in 29 CFR parts 10 pursuant to the Executive Order and specifically to all the provisions set forth in Appendix A to 29 CFR parts 10. The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, the applicable minimum wage per the Executive Order. Accordingly, Appendix A is listed in paragraph b. below. The Contractor shall include this clause, including this paragraph, in all subcontracts, regardless of dollar value, that are subject to Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act), and are to be performed in whole or in part in the United States. The full text of the final rule, to include the regulations and clause “Establishing a Minimum Wage for Contractors” at 29 CFR parts 10, is available at:

http://www.gpo.gov/fdsys/pkg/FR-2014-10-07/pdf/2014-23533.pdf#page=89 >.

b. Appendix A to 29 CFR Part 10—Contract Clause

(a) Executive Order 13658. This contract is subject to Executive Order 13658, the regulations issued by the Secretary of Labor in 29 CFR parts 10 pursuant to the Executive Order, and the following provisions.

(b) Minimum Wages.

(1) Each worker (as defined in 29 CFR 10.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the contractor and worker, shall be paid not less than the applicable minimum wage under Executive Order 13658.

(2) The minimum wage shall be adjusted each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a) (ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a) (ii) of Executive Order 13658 will be effective for all workers subject to the Executive Order beginning January 1 of the following year. If appropriate, the contracting officer, or other agency official overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor Web site). The applicable published minimum wage is incorporated by reference into this contract.

(3) The contractor shall pay unconditionally to each worker all wages due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 10.23), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Executive Order may not be of any duration longer than semimonthly.

(4) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the Executive Order minimum wage requirements. In the event of any violation of the minimum wage obligation of this clause, the contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages.

(5) If the commensurate wage rate paid to a worker on a covered contract whose wages are calculated pursuant to a special certificate issued under 29 U.S.C. 214(c), whether hourly or piece rate, is less than the Executive Order minimum wage, the contractor must pay the Executive Order minimum wage rate to achieve compliance with the Order. If the commensurate wage due under the certificate is greater than the Executive Order minimum wage, the contractor must pay the 14(c) worker the greater commensurate wage.

(c) Withholding. The agency head shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay workers the full amount of wages required by Executive Order 13658.

(d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to pay any worker all or part of the wages due under Executive Order 13658 or 29 CFR part 10, or a failure to comply with any other term or condition of Executive Order 13658 or 29 CFR part 10, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may are grounds for debarment as a contractor and subcontractor as provided in 29 CFR 10.52.

(e) The contractor may not discharge any part of its minimum wage obligation under Executive Order 13658 by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Act, the cash equivalent thereof.

(f) Nothing herein shall relieve the contractor of any other obligation under Federal, State or local law, or under contract, for the payment of a higher wage to any worker, nor shall a lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a contractor to pay less than $15.00 (or the minimum wage as established each January thereafter) to any worker.

(g) Payroll Records.

(1) The contractor shall make and maintain for three years records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each worker and shall make the records available for inspection and transcription by authorized representatives of the Wage and Hour Division of the U.S. Department of Labor:

(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 also make available a copy of the contract, as applicable, for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of 29 CFR part 10 and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of an authorized representative of the Department of Labor, or under its own action, shall take such action as may be necessary to cause suspension of any further payment or advance of funds until such time as the violations are discontinued.

(4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct investigations, including interviewing workers at the worksite during normal working hours.

(5) Nothing in this clause limits or otherwise modifies the contractor’s payroll and recordkeeping obligations, if any, under the Davis-Bacon Act, as amended, and its implementing regulations; the Service Contract Act, as amended, and its implementing regulations; the Fair Labor Standards Act, as amended, and its implementing regulations; or any other applicable law.

(h) The contractor (as defined in 29 CFR 10.2) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with this contract clause.

(i) Certification of Eligibility.

(1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a) (1).

(2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(j) Reserved.

(k) Antiretaliation. It shall be unlawful for any person to 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 Executive Order 13658 or 29 CFR part 10, or has testified or is about to testify in any such proceeding.

(l) Disputes concerning labor standards. Disputes related to the application of Executive Order 13658 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 10. Disputes within the meaning of this contract clause include disputes between the contractor (and any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the workers or their representatives.

(m) Notice. The contractor must notify all workers performing work on or in connection with a covered contract of the applicable minimum wage rate under the Executive Order. With respect to service employees on contracts covered by the Service Contract Act and laborers and mechanics on contracts covered by the Davis-Bacon Act, 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 performing work on or in connection with a covered contract whose wages are governed by the FLSA, the contractor must post a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by workers. Contractors that customarily post notices to workers electronically may post the notice electronically provided such 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.

-End of Clause-

H-4.

PROTECTION OF PERSONAL IDENTIFIABLE INFORMATION.

Any On-Line program offered must adhere to Department of Defense (DOD) mandates and best practices for securing and safeguarding Personally Identifiable Information (PII). PII policies are outlined in OMB-M-06-16 and are available from:

www.whitehouse.gov/omb/memoranda/fy2006/m06-16.pdf; OMB-M-06-19 is available from: www.whitehouse.gov/omb/memoranda/fy2006/m06-19.pdf; and DOD instruction 8500.2., which is available from: www.dtic.mil/whs/directives/corres/pdf850002p.pfd.

These mandates and best practices are included in the SECNAV Instruction 5211.5E or CNIC Instruction 5211.1 and are available from: http://doni.daps.dla.mil/Directives/.../5211.5e, or review in the Department of the Navy Personally Identifiable Information (PII) training module at www.dcnc10.navy.mil/productsaspx.

Any Online system is to include servers that must comply with DoDI 8500.2 which is available from: http://www.dtic.mil/whs/directives/corres/pdf/850002p.pdf.

With these responsibilities contractors should ensure that their employees:

Safeguard DON information to which their employees have access at all times.

Obtain DON management's written approval prior to taking any DON sensitive information away from the office. The DON Manager’s approval must identify the business necessity for removing such information from the DON facility.

(End of provision)

(End of Section H)

PART II, SECTION I, CONTRACT CLAUSES

NONAPPROPIATED FUND CONTRACT CLAUSES

TABLE OF CONTENTS

CLAUSES MADE INAPPLICABLE BY THE TYPE OF ORDER OR CONTRACT ARE SELF-DELETING.

1.

DEFINITIONS

2.

ADVERTISEMENTS

3.

ASSIGNMENT

4.

COMMERCIAL WARRANTY

5.

DISCOUNTS FOR PROMPT PAYMENT

6.

DISPUTES

7.

EXAMINATION OF RECORDS

8.

GRATUITIES

9.

HOLD AND SAVE HARMLESS

10.

INSPECTION

11.

INSURANCE

12.

INVOICES

13.

LAW GOVERNING CONTRACTS

14.

LEGAL STATUS

15.

MODIFICATIONS

16.

ORDER OF PRECEDENCE

17.

PAYMENTS

18.

PROOF OF SHIPMENT

19.

TAXES

20.

TERMINATION FOR CONVENIENCE

21.

TERMINATION FOR DEFAULT

22.

VARIATION IN QUANTITY

23.

PROTESTS

(Incorporated by Reference)

24.

COVENANT AGAINST CONTINGENT FEES

25.

WALSH-HEALEY PUBLIC CONTRACTS ACT

26.

EQUAL OPPORTUNITY

27.

AFFIRMATIVE ACTION – VETERANS

28.

AFFIRMATIVE ACTION – HANDICAPPED WORKERS

29.

EMPLOYMENT REPORTS – VETERAN

30.

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

31.

EXTRAS

32.

CHANGES - FIXED PRICE

33.

CONTRACTOR INSPECTOR REQUIREMENTS

34.

RESPONSIBILITY FOR SUPPLIES

35.

CLEARANCE AND DOCUMENT – SHIPMENTS

36.

CONVICT LABOR

37.

CONTRACT WORK HOURS & SAFETY STANDARDS ACT

38.

SERVICE CONTRACT ACT OF 1965 (AS AMENDED)

39.

INSPECTION OF SERVICES – FIXED PRICE

PART II, SECTION I CONTRACT CLAUSES

NONAPPROPRIATED FUND CONTRACT CLAUSES

1. Definitions. As used throughout this contract, the following terms and abbreviations have the meaning set forth below:

a. The term “Contract” means this agreement or order and any modifications hereto.

b. The abbreviation “NAFI” means Non-appropriated Fund Instrumentality of the United States Government.

c. The term “Contracting Officer” means the person executing or responsible for administering this contract on behalf of the NAFI which is a party hereto, or his successor or successors.

d. The term “Contractor” means the party responsible for providing supplies/equipment and/or services at a certain price or rate to the NAFI under this contract.

e. The term “Contracting Officer’s Representative” (COR) means a person appointed by the contracting officer to monitor performance and act as a liaison between the contractor and the contracting officer.

2. Advertisements. The contractor agrees that none of its, nor its agent’s, advertisements to include publications, merchandise, promotions, coupons, sweepstakes, contests, sales brochures, etc., shall state, infer, or imply that the contractor’s products or services are approved, promoted, or endorsed by the NAFI. Any advertisement, including cents off coupons, which refers to a NAFI, will contain a statement that the advertisement is neither paid for nor sponsored, in whole or in part, by that particular activity.

3. Assignment. A contractor may not assign their rights or delegate their obligations under this contract without prior written consent of the contracting officer.

4. Commercial Warranty. The contractor agrees that the supplies/equipment or services furnished under this contract shall be covered by the most favorable commercial warranties the contractor gives to any customer for such supplies/equipment or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NAFI by any other clause of this contract. The printed terms and conditions of such warranty will be provided to the NAFI with the delivery of any supplies/equipment or services covered.

5. Discounts for Prompt Payment. In connection with any prompt payment discount offered, time will be computed from the date of the contractor’s invoice. Payment is deemed to have been made as of the date on the payment check or date on which electronic funds transfer is made.

6. Disputes. Except as otherwise provided in this contract, any dispute or claim concerning this contract, which is not disposed of by agreement, shall be decided by the contracting officer, who shall state their decision in writing, and mail or otherwise furnish a copy of it to the contractor. Within 90 days from date of receipt of such copy, the contractor may appeal by mailing or otherwise furnishing to the contracting officer a written appeal addressed to the immediate superior in Command (ISIC) of the Command one level above the contracting officer's Command. The decision of this authority shall be final and conclusive. If no such appeal is filed, the decision of the contracting officer shall be final and conclusive. The contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, the contractor shall proceed diligently with the performance of the contract and according to the decision of the contracting officer, unless directed to do otherwise by the contracting officer.

7. Examination of Records

a. The clause is applicable if the amount of this contract exceeds $10,000 and the contract was entered into by means of negotiation. The contractor agrees that the contracting officer or their duly authorized representative shall have the right to examine and audit the books and records of the contractor directly pertaining to the contract during the period of the contract and up to 3 years after contract expiration date and final payment.

b. The contractor agrees to include the clause in paragraph 7a above in all subcontracts there-under which exceeds $10,000.

8. Gratuities

a. The NAFI may, by written notice to the contractor, terminate the right of the contractor to proceed under this contract if it is found, after notice and hearing by the Contracting Officer that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the contractor, or any agent or representative of the contractor, to any officer or employee of the government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract. The Contracting Officer must coordinate with and receive approval from N94 on all matters arising under this section.

b. In the event this contract is terminated as provided in paragraph 8a above, the NAFI shall be entitled (1) to pursue the same remedies against the contractor as it would pursue in the event of a breach of contract by the contractor, and (2) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Contracting Officer, which shall not be less than three nor more than ten times the cost incurred by the contractor in providing any such gratuities to any such officer or employee.

c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

9. Hold and Save Harmless. The contractor shall indemnify, save harmless, and defend the NAFI, its outlets, and customers from any liability, claimed or established, for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products listed in this contract, except for such claims or damages caused by or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, the contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits and expenses which arise out of acts or omissions of the contractor, its agents, representatives, or employees.

10. Inspection. Unless otherwise provided herein, inspection shall be made after receipt of the supplies/equipment by the ordering activity or after completion of services by the contractor. Inspection and acceptance shall not be conclusive, with respect to latent defects or fraud, or with respect to the NAFI’s rights under the proof of shipment provisions contained herein. In case any supplies/equipment or services are defective in material or workmanship, or are otherwise not in conformity with the requirements of this contract, the NAFI shall have the right to reject such supplies or services, or to require replacement or correction. Rejected supplies/equipment shall be removed by and at the expense of the contractor promptly after notice. If required by the NAFI, the contractor, after notice of defect or non-conformance, shall, in a timely manner, correct or replace the defective or non-conforming supplies/equipment or services, or any part thereof. When such correction or replacement requires transportation of the supplies/equipment or part thereof, all shipping costs to and from the contractor’s plant or place of business shall be borne by the contractor.

11. Insurance

a. The contractor shall, at their expense, procure and maintain, during the entire performance period of this contract, insurance of at least the kinds and minimum amount set forth herein.

b. At all times during performance, the contractor shall maintain with the contracting officer a current certificate of insurance showing at least the insurance required herein, and providing 30 days written notice to the contracting officer by the insurance company prior to cancellation or material change in policy coverage.

c. The contractor shall also require all first-tier subcontractors, who will perform work on a government installation, to procure and maintain the insurance required herein during the entire period of their performance. The contractor shall furnish (or assure that it has been furnished) to the contracting officer a current certificate of insurance meeting the requirements of paragraph 11b above, for each such first-tier subcontractor, at least 5 days prior to entry of each such subcontractor’s personnel on the installation.

d. In implementation of the insurance clause above, the contractor shall procure and maintain:

(1) Worker’s compensation as prescribed by the laws of the State in which the work will be performed and employer’s liability insurance.

(2) General liability insurance wherein the NAFI and the United States are included as named insured, stating that such insurance is primary (secondary to or contributory with no other insurance). Policy limits of $1,000,000 per person - $1,000,000 per occurrence for injury or death, and $1,000,000 property damage per occurrence are required.

(3) The contractor is responsible for damage or loss to his/her owned or leased equipment. Claims will be honored only if it can be shown that the NAFI was negligent and caused damage or loss to the contractor’s equipment.

12. Invoices. An invoice is a written request for payment under the contract for supplies/equipment delivered or for services rendered. In order to be proper, an invoice must include (and in order to support the payment of interest penalties) the following:

a. Invoice date;

b. Name of contractor;

c. Contract number (include order number, if any), contract description of supplies or services, quantity, contract unit of measure, unit price, and extended total;

d. Shipment number and date of shipment;

e. Name and address to which payment is to be sent (name must be the same as that in the contract or on a proper notice of assignment);

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

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

Invoices shall be prepared and submitted in duplicate (one copy shall be marked “Original”) unless otherwise specified.

13. Law Governing Contracts. In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined according to the substantive and procedural laws of the United States of America.

14. Legal Status. The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States. NO APPROPRIATED FUNDS OF THE UNITED STATES SHALL BECOME DUE OR BE PAID A CONTRACTOR BY REASON OF THIS CONTRACT.

15. Modifications. No agreement or understanding to modify this contract will be binding upon the NAFI unless it is made in writing and signed by a contracting officer from the office that issued the contract or its successor.

16. Order of Precedence. In the event of an inconsistency between provisions of this solicitation/contract, the inconsistency shall be resolved by giving precedence in the following order: (1) description of the supplies/equipment or services and prices/costs; (2) description/specifications/work statement; (3) special contract requirements; (4) contract clauses; (5) other provisions of the solicitation/award; and (6) any portion of the contractor’s bid or proposal that has been incorporated by reference and made a part of the contract.

17. Payments. Payment of prices stated in this contract will be made according to the Prompt Payment Act, as amended. Unless otherwise specified, payment will be made on partial deliveries accepted by the NAFI when the amount due on such deliveries so warrants. Payment is deemed to have been made as of the date on the payment check or date on which electronic funds transfer is made.

18. Proof of Shipment. (Applicable to shipments outside the United States through the Defense Transportation System (DTS) and parcel post shipments to overseas destinations.) Except as otherwise provided in this contract, payment will be made for items not yet received upon receipt of an invoice accompanied by proof of delivery to a postal system or common carrier if delivery is FOB point of origin. For deliveries FOB destination named port of debarkation, the invoice must be accompanied by a signed receipt by a government representative at the named port.

19. Taxes. The prices herein reflect full reduction for taxes that are non-applicable. In addition to the exemption from federal excise taxes by virtue of exportation, all tangible personal property sold to NAFIs for resale are exempt from sales and use taxes. All sales other than for resale depend on state law or federal constitutional immunity for exemption from state sales and use taxes.

20. Termination for Convenience. 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. If this contract is for supplies/equipment and is so terminated, the contractor shall be compensated according to FAR subparts 49.1 and 49.2 in effect on the date of this contract award. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment according to the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no contractor claims covering non-recurring costs for capital investment. If there are any such contractor claims, they shall be settled according to FAR subparts 49.1 and 49.2.

21. Termination for Default. The contracting officer, by written notice, may terminate this contract in whole or in part for failure of the contractor to perform any of the provisions hereof. In such event, the contractor shall be liable for damages including the excess cost of re-procuring similar supplies/equipment or services; provided that, if (1) it is determined for any reason that the contractor was not in default or (2) the contractor’s failure to perform is without the contractor’s or subcontractor’s control, fault, or negligence, the termination must be deemed to be a termination for convenience. As used in this provision, the term “subcontractor” means subcontractor at any tier.

22. Variation in Quantity. No variation in quantity of any item listed in the order/contract will be accepted unless authorized by the contracting officer.

23. Protests. Offerors are encouraged to resolve any complaints or issues they may have with the contracting officer in an informal manner. However, where an offeror is not satisfied with an award decision of the contracting officer, that offeror may file a written protest with the contracting officer and the contracting officer will issue a final decision on the protest. Any interested party who is dissatisfied by the contracting officer’s final decision on the protest may file a written appeal with CNIC. The procedures for filing protests may be found in chapter 2, paragraph 223. A copy of paragraph 223 will be provided to any offeror by the contracting officer upon request.

CLAUSES INCORPORATED BY REFERENCE

The provisions of the following clauses set forth in the Federal Acquisition Regulation (FAR) are hereby incorporated into this order or contract by reference with the same force and effect as if they were given in full text. As used in the following clause, the term “Government” is deleted and the abbreviation “NAFI” is substituted in lieu thereof. The date of each clause shall be the current date set forth in the FAR at the time of issuance of an order or contract award. Clauses made inapplicable by the reference or by the type or order or contract (e.g., order or contracts for services instead of supplies/equipment) are self-deleting. Upon request, the contracting officer will provide the full text.

CLAUSE NO.

REFERENCE

CLAUSE TITLE

52.203-5 Covenant Against Contingent Fees (Contracts over $150,000)

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