RFP Section H - Special Provisions.pdf

F41999-26-R-0003

COMMERCIAL PURCHASING CARD SERVICES

DATED 20 Aug 2026 H-1

SECTION H

SPECIAL PROVISIONS

H. SECTION H

H.1. CONTRACTING OFFICER'S AUTHORITY

H.1.1. The Contracting Officer is the only person authorized to make commitments with respect to contracts or orders. The Contracting Officer will handle all contacts with the vendor; make all arrangements for meetings, product or service evaluations, demonstrations, or presentations; attend the demonstration or presentation as required; and provide contractual support for follow-on action with the Contractor, unless otherwise delegated by the Contracting Officer. The Contractor must contact the Contracting Officer for contractual support, follow on actions, and meetings.

H.1.2. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and not withstanding any provisions contained elsewhere in this contract, authority remains solely in the Contracting Officer. In the event the Contractor affects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and will not be recognized for payment by the Nonappropriated Fund Instrumentality (NAFI).

H.2. SUPERVISION AND CONTROL

H.2.1. The NAFI must not exercise any supervision or control over the Contractor's employees performing services under this contract. Employees must be accountable solely to the Contractor, who in turn is responsible to the NAFI.

H.3. TERM OF CONTRACT

H.3.1. The basic performance period of the contract will be for three (3) years with seven

(7) single one-year options. All prices/fees must remain firm-fixed for the duration of the contract unless adjustments are approved in accordance with paragraph 4 below. The NAFI will follow the provisions set forth in paragraph 5 below in exercising options under this contract.

H.4. PRICE ADJUSTMENT

H.4.1. The contract incentives in Section B: Supplies or Services and Prices/Costs are fixed for the thirty-six (36) month term of this contract. In the event the NAFI spend rises above the stated rebate grid within Section B. The Contractor and NAFI will negotiate an extended pricing/rebate grid to accommodate the higher spend.

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H.4.2. Increase in the fixed fees may be requested for the remaining seven (7) one-years option period if the Contractor experiences a substantial and unanticipated increase in prices/fees associated with the performance of this contract. The Contractor shall submit a written request to the Contracting Officer within thirty (30) days of realizing the increase. It must contain proposed fixed prices/fees, the proposed effective date (which can be no sooner than thirty (30) days after any approval by the Contracting Officer), and full documentation to justify and substantiate the basis for the requested adjustment. This documentation must also include actual cost incurred. No modification incorporating an increase in prices/fee will be executed until the date approved by the Contracting Officer. The Contracting Officer must take action on such requests within thirty (30) days after receipt or by the date requested by the Contractor, whichever is later.

H.4.3. The Contracting Officer will not approve an increase in the fixed prices/fees during the basic contract performance period. Requests for rate increases will not be considered more frequently than annually after the first approved increase, if any.

H.4.4. Beginning in the last year of the base contract period, the Contractor must inform the NAFI 180 days prior to the end of each option period as to any change in the billing rates. All price changes must be authorized by the Contracting Officer.

Voluntary price reductions will be honored at any time during the contract.

H.5. OPTION TO EXTEND THE TERM OF THE CONTRACT

H.5.1. The NAFI may exercise option periods under this contract via a modification within thirty (30) days of contract expiration; provided that the NAFI gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the NAFI to exercise the option.

H.5.2. The total duration of this contract, including the exercise of any options under this clause, must not exceed ten (10) years.

H.6. TRANSITION PERIOD

H.6.1. At the completion of the contract period and option years, the NAFI will issue a new solicitation for continuation of services. In the event a new Contractor is selected, the Contractor must assist in creating a viable transition plan (minimum of twelve (12) months) with the new Contractor to ensure a smooth transition and to avoid interruption of services/coverage.

H.6.2. In the event a new Contractor is selected at the end of the contract period, the Contractor shall provide extensive support and assistance to ensure a smooth transition from the present Contractor. The level of involvement of the NAFI in the transition process must be minimal. The transition period will be critical to the

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H.6.3. Both the incumbent and successor Contractors shall provide dedicated team leaders to manage the entire aspect of the transition, logistically and technically. These teams shall work closely with one another to marshal all resources to ensure all issues are resolved within five business days.

H.6.4. The Contractor must provide a combined detailed written plan that outlines specific tasks and timelines.

H.6.5. The Successor Contractor shall establish accounts, card production and distribution in advance of the go-live date.

H.6.6. The Successor Contractor shall establish reporting and payment hierarchies in the card management and reporting system.

H.6.7. The Incumbent Contractor shall oversee migration of legacy Commercial Purchase Card Services Data.

H.6.8. The Incumbent Contractor shall provide instruction and manage a one-time transition of all current cardholders currently assigned to the legacy system to the current vendor.

H.6.9. The Successor Contractor shall provide training to NAFI staff on the vendor’s platform to include in-house instruction, written and computer-based training plan.

H.6.10. Upon the NAFI’s request, the Contractor shall furnish a phase-in–phase-out plan up to 365 calendar days prior to the expiration of the contract.

H.6.11. The Incumbent Contractor shall furnish a complete master file, in a format (electronic and/or hard copy) agreeable to NAFI, of all accounts, to any successor no less than 90 days prior to the end of the contract.

H.6.12. The Incumbent Contractor shall settle all account related transaction disputes.

H.6.13. The Incumbent Contractor’s responsibility for settling all transaction disputes survives the expiration of this contract.

H.7. PRIVACY ACT NOTIFICATION

H.7.1. The Contractor will be required to design, develop, and/or operate a system of records on individuals to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93- 579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

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H.8. PRIVACY ACT

H.8.1. The Contractor shall:

1. Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies the systems of records and the design, development, or operation work that the contractor is to perform.

2. Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract, as well as, in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act.

3. Include this clause, including this subparagraph, in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

H.8.2. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

H.8.3. “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

H.8.4. “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint, voiceprint or photograph.

H.8.5. “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

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H.9. PRIVACY OR SECURITY SAFEGUARDS

H.9.1. The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.

H.9.2. To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor must allow the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases. If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer must immediately bring the situation to the attention of the other party.

H.9.3. The Contractor must ensure that all electronic records are safeguarded at all times.

The Contractor must place limitations on access to, use, and disclosure of Government data and Government related data.

H.9.4. The Contractor shall not access, use, or disclose Government data unless specifically authorized by the terms of this contract or a task order issued hereunder.

H.9.5. The Contractor must ensure that its employees are subject to all such access, use, and disclosure prohibitions and obligations.

H.9.6. The Contractor shall use Government-related data only to manage the operational environment that supports the government data and for no other purpose unless otherwise permitted with the prior written approval of the Contracting Officer.

H.9.7. The Contractor shall dispose of Government data and Government-related data in an appropriate manner in which to avoid unauthorized disclosure.

H.9.8. The Contractor shall notify the Government immediately of any requests from a third party for access to Government data or Government-related data, including any warrants, seizures, or subpoenas it receives, including those from another Federal, State, or Local agency, that could result in the disclosure of any Government data to a third party. The Contractor shall cooperate with the Government to take all measures to protect Government data from any loss or unauthorized disclosure that might reasonably result from the execution of any such request, warrant, seizure, subpoena, or similar legal process.

H.9.9. Upon written notification by the Government of a spillage, or the Contractor’s discovery of a spillage, the Contractor shall coordinate immediately with the responsible Government official to correct the spillage in compliance with agency-

DATED 20 Aug 2026 H-6 specific instructions. Spillage is defined as an unauthorized transfer of classified data or controlled unclassified information to an information system that is not accredited for the applicable security level of the data or information.

H.10. PERIODIC PROGRESS MEETINGS

H.10.1. Key Contractor Representatives, Nonappropriated Fund Purchase Card (NAF Commercial Purchase Card Services) Program members, NAF Contracting, and any other pertinent Government personnel, as appropriate, will be required to meet one (1) time annually with the Contractor to review contract progress and performance.

1. This meeting will be scheduled to take place at the end of each fiscal year at the Air Force Nonappropriated Fund Procurement Office (AFNAFPO), 3515 South General McMullen, San Antonio, TX 78226; however, the timeframe can be adjusted to accommodate schedule conflicts or to establish a timeframe that is mutually agreed upon.

2. Additionally, a teleconference will be required monthly, or more if deemed necessary by the NAF Commercial Purchase Card Services Program members.

The progress meetings will allow personnel the opportunity to alert the Government of problems, if any, that are being experienced. Appropriate action shall be taken to resolve outstanding issues.

3. Contractor travel expenses shall be borne by the Contractor and, if any, Government expenses will be borne by the Government.

H.11. RESTRICTION ON DISCLOSURE AND USE OF DATA

H.11.1. Contractors who include data in their proposal that they do not want disclosed to the public for any purpose, or used by the NAFI except for evaluation purposes must:

H.11.2. Mark the title page with the following legend:

1. “This proposal includes data that must not be disclosed outside the NAFI and must not be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate this proposal.

2. However, if a contract is awarded to this Contractor as a result of or in connection with the submission of this data, the NAFI will have the right to duplicate, use or disclose the data to the extent provided in the contract.

a. This restriction does not limit the NAFI’s right to use information contained in the data if it is obtained from another source without restriction.

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b. The data subject to this restriction are contained in pages [insert numbers or other identification of pages]”.

3. Mark each page of data the Contractor wishes to restrict with the following legend: “Use or disclosure of data contained on this page is subject to the restriction on the title page of this proposal.”

H.12. DATA STEWARDSHIP AND GOVERNANCE

H.12.1. The NAFI will have unlimited rights to all technical data unless the Contractor takes specific actions and includes prescribed legends in the proposal, contract, and/or data products to limit or restrict such NAFI rights for particular identified items. “Technical data” refers to recorded information and includes (but is not limited to) research and engineering data and drawings, specifications, standards, process sheets, manuals, technical reports and computer software documentation.

It does not include computer software or financial, cost/pricing or other contract and grant administrative data but does include any developed intellectual property not specific to the data.

H.12.2. Data and information generated during this agreement is owned by the NAFI.

Data must be physically separated from the data of other users, on separate drives or computers, and appropriate firewalls must be established to prevent other users from accessing NAFI data. In the event that the Contractor is sold or bankrupt, the Contractor will pay any fees to convert the data for use on another system.

H.12.3. The Contractor must provide all data, associated data model, and Meta data within thirty (30) calendar days of the end of the contract performance period or termination of the contract.

H.13. POST-AWARD CONFERENCE

H.13.1. A post-award conference will be held no later than ten (10) days after contract award on a date & time agreeable by both parties. The meeting will be held at the Place of Performance at the Air Force Nonappropriated Fund Procurement Office (AFNAFPO), 3515 South General McMullen, San Antonio, TX 78226. The purpose of this conference is to review with the Contractor the requirements of the contract and identify points of contact for the Contractor and AFNAFPO. The Contractor will be notified of the date of the conference at least fourteen (14) days prior to the conference. All applicable key players must be in attendance so that relationships can be established, and expectations can be set for Contractor and Government performance. Contractor travel expenses shall be borne by the Contractor and, if any, Government expenses will be borne by the Government.

H.14. PARTICIPATION

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H.14.1. This agreement under which certain Federal Government Nonappropriated Fund Instrumentalities (Participating Entity) accepted by Contractor may utilize services under this Agreement through a Participation Agreement executed by a Participating Entity and consented to by Contractor. To be eligible to participate in the Program hereunder, Participating Entity must (i) have a projected annual spend of at least $5,000,000 and (ii) and be a branch of the United States Federal Armed Forces. Contractor reserves the right to evaluate the creditworthiness of each Participating Entity and may refuse to provide services to entities, which do not meet Contractor’s criteria for credit approval. Contractor, in its sole discretion with respect to each Participating Entity, shall determine whether or not to issue Cards or establish Accounts for such Participating Entity and shall incur no liability to Agency, for payments hereunder or otherwise, due to any failure to issue any Card or establish any Account. The spend rate for all participating entities will be combined to determine the annualized overall spend and the rebate rate for the entities. Each Participating entity will receive the overall rebate rate for their portion of the spend. The monthly spend report should include the spend for all participating entities with the amounts for each broken out.

(END OF SECTION H)

SECTION H SPECIAL PROVISIONS