RFQ Tide Rips Photography 2024-2028 Portraits and Formal posed.pdf

Request For Quote (RFQ)

TIDE RIPS PORTRAIT/FORMAL POSED PHOTOGRAPHY 2024, 2025, 2026, 2027, 2028

Date RFQ Issued: 17 April 2023

QUOTES ARE DUE no later than 1200 noon local time, Monday, 15 May 2023.

All quotes must submitted electronically to Lara Schrage at Lara.J.Schrage@uscga.edu

General information and instructions for quotes are contained herein.

If interested in participating, please notify Lara Schrage via the email address stated above.

REQUEST FOR PROPOSAL (RFQ):

TIDE RIPS YEARBOOK PORTRAIT/FORMAL POSED PHOTOGRAPHY 2024-2028

TIDE RIPS PORTRAIT/FORMAL POSED PHOTOGRAPHY 2024, 2025, 2026, 2027, 2028

The undersigned offers and agrees, if this quote is accepted within 14 calendar days from the date quotes are due, to furnish any or all of the items at the prices quoted, delivering to the designated point(s) at the times specified.

CONTRACTOR INFORMATION

Type of business: (Check appropriate box)

( ) Individual ( ) Partnership ( ) Corporation

Tax ID Number _____________________________

Incorporated in the State of (complete if corporation) ________________________

Full Name and Address of Contractor (street, city, state, zip code, phone, and e-mail)

Full Name and Business Address of Contractor’s Representative (as defined in this quote) should include street, city, state, zip code, office phone, cell phone, and e-mail address.

Signature and Title of Person Authorized to Sign This RFQ

___________________________________________ Date _______________________ Signature/Title

__________________________________________ Date___________________________ USCGA Business Operations Director

EFFECTIVE DATE OF AWARD ____________________________________

TERMS AND CONDITIONS OF REQUEST FOR QUOTE

1. AWARD. The right is reserved, as the interest of the U.S. Coast Guard Academy Cadet Activities Fund (USCGA CAF) may require, to reject any or all RFQs received. The CAF may accept any RFQ unless qualified by specific limitation of the RFQ. The contract shall be awarded to that responsible party whose quote conforming to the Request For Quote, will be of the greatest value to the CAF, based on evaluation criteria stated below.

2. CALENDAR DAYS. All reference to days shall be calculated as calendar days vice business days.

3. QUOTES.

A. Data. Each contractor shall furnish the information required in the RFQ. The contractor shall initial and date each page of their RFQ document.

B. Clarifications. Any questions pertaining to this solicitation shall be made within five (5) calendar days of receipt of same to allow for discussion and issuance of amendment to solicitation, if warranted. Questions shall be addressed in writing via e-mail to: Lara.J.Schrage@uscga.edu C. Late. No quote or amendment received after the deadline will be considered. The only exception is when it is determined that the untimely delivery was caused solely by USCGA CAF personnel after proper receipt of delivery.

D. Mistake. Contractors are responsible for examining the entire solicitation package.

E. Address. Quotes and amendments shall be submitted electronically to Lara Schrage at Lara.J.Schrage@uscga.edu F. Withdrawal. Quotes may be withdrawn by written notice provided such notice is received prior to the deadline for the receipt of the quotes. Withdraws may be sent to Lara Schrage at Lara.J.Schrage@uscga.edu G. Specifications. Quotes shall be based upon the specifications herein. These specifications shall become part of the contract awarded.

4. CONTENT OF QUOTE PACKAGE. Quote package shall consist of the following:

A. Completed Request For Quote – Contractor Information sheet.

B. Each contractor will be required to submit two samples of college yearbooks for which his/her company has provided portrait services within the past 3 years. These books shall represent a student body of 900 or more, and shall be composed of 300-600 pages. (These samples will be returned after the conclusion of the RFQ process.)

C. Each contractor will be required to supply the names, addresses, contact name and telephone number for at least three (3) colleges with whom the Contractor’s Representative worked to produce student portrait photography within the past 3 years.

D. Each contractor will be required to submit copies of all relevant price lists for the base period and each option period.

E. Each contractor will be required to submit sample(s) of an actual portrait package(s).

F. Each contractor will be required to submit a completed copy of the “Photographer Vendor Profile” (see Attachment #2).

G. Each contractor shall provide a resume of Contractor’s Representative, as defined within this solicitation, for this account.

5. EVALUATION CRITERIA. Basis of award will be technical excellence, past performance, and price.

GENERAL INFORMATION

1. The Cadet Activities Fund (CAF) is a non appropriated funds instrumentality (NAFI) established for the purpose of defraying the expenses incurred by the Corps of Cadets. The CAF is the legal entity contracting with the Contractor for provision of support services as outlined in this document. One of the missions of the U. S. Coast Guard Academy (CGA) in New London, CT, is to provide military training to Coast Guard Cadets. Every year the Tide Rips Yearbook is published to highlight the cadet activities during the year.

2. The purpose of the Tide Rips Yearbook Portrait/Formal Posed Photography contract is: to provide at no charge, Formal Portraits for the annual Tide Rips Yearbook; and to determine the price of portraits and photographs to be sold to the cadets and their families by the contractor. Details of this work are reflected in this RFQ.

3. The period of performance for this contract is as follows:

BASE PERIOD – 2024 TIDE RIPS Yearbook Photography: 1 August 2023 – 30 June 2024 FIRST OPTION PERIOD – 2025 TIDE RIPS Yearbook Photography: 1 July 2024 – 30 June 2025 SECOND OPTION PERIOD – 2026 TIDE RIPS Yearbook Photography: 1 July 2025 – 30 June 2026 THIRD OPTION PERIOD – 2027 TIDE RIPS Yearbook Photography: 1 July 2026 – 30 June 2027 FOURTH OPTION PERIOD – 2028 TIDE RIPS Yearbook Photography: 1 July 2027 – 30 June 2028

4. Option Periods. This contract consists of a base period and four (4) option periods for the TIDE RIPS Yearbook Photography. The four (4) succeeding option periods are to be exercised at the sole discretion of the USCGA BOD (defined below). If the USCGA BOD elects not to exercise an option period, the Contractor will be notified of this decision in writing sixty calendar days prior to the end of the contract year.

5. The right is reserved, as the interest of the Cadet Activities Fund (CAF) may require, to reject any or all RFQs received. The CAF may accept any RFQ unless qualified by specific limitation of the contractor. The contract shall be awarded to that responsible contractor whose RFQ, conforming to the Request for Quote, will be of the greatest value to the CAF, price and other factors considered. The CAF reserves the right to make this award without discussion.

6. Prices. The unit price for each item or combination package shall include all packaging and shipping charges (FOB destination). The price schedule shall not increase more than 2% per year. Price schedules at a minimum shall include pricing for single items of the following size portraits/photographs: 2” x 3” wallet;

5” x 7”; 8” x 10”; 11” x 14”; 16” x 20” and for a minimum of six (6) choices of combination packages that offer a variety of portraits/photograph options.

7. The USCGA Business Operations Director (USCGA BOD) is the only individual authorized to execute the award of this contract and subsequent modifications.

8. The Cadet Activities Fund Business Manager is designated as the Contracting Officer’s Representative (COR) for the purpose of technical surveillance of workmanship and inspection of materials only, for work being performed under this contract. In this respect decisions of the COR or his/her authorized representative, on details of performance, quality of materials and work (except in the case of disputes on question of fact or law), shall be accepted by the Contracting Officer, when they are within the terms of the contract. This clause in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract.

Schrage, Lara J. CIV (EDU) What is this?

9. The following information is to be provided to the contractor at time of award: Cadet Activities Fund Business Manager’s full name, email address, and telephone; and the USCGA TIDE RIPS Yearbook Advisor’s full name, email address, and telephone and.

10. All changes to this contract are to be considered to be modifications hereto and must be prepared in writing and must be signed by both parties in the same manner as this contract to be effective. The only individual authorized to sign for the USCGA Tide Rips is the USCGA BOD.

11. Termination for Cause. The USCGA BOD may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the USCGA BOD upon request, with adequate assurances of future performance. In the event of termination for cause, the USCGA BOD shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the USCGA BOD for any and all rights and remedies provided by law. If it is determined that the USCGA BOD improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

SUPPLIES OR SERVICES TO BE PROVIDED

1. Contractor services to be provided for which the contractor receives remuneration.

The contractor will be provided exclusive rights to the below listed photographic services. Such photographs will be provided for sale directly to cadets and their families at no charge to the CAF.

2. The contractor will pay the CAF a percentage of the total gross sales generated by the portraits/photographs listed below. The approximate number of cadets/participants attending each event is stated in parentheses. (Price lists for sales to the cadets and their families are attached to this contract.)

A. Uniformed portraits of members of the current First Class (Seniors). (200-300) B. Uniformed portraits of members of the current Fourth Class (Freshman). (200-300) C. Posed photographs of cadets receiving diplomas during graduation (200-300).

D. Posed photographs of cadets receiving commissions during graduation (200-300).

E. Portraits of couples and family groups at Commencement Ball (200 families attend-1,000 pp) G. Other photographic opportunities identified by the USCGA Yearbook Advisor (USCGAYBA).

3. The contractor agrees to provide digital copies of the above-listed images on photo CD-ROMs, flash drives, or higher technology agreed upon by both parties to the USCGA yearbook staff for use in the yearbook at no charge. The portrait images will be provided within 2 weeks after the last sitting for each session. All images of the uniformed portraits in items A&B must be provided alphabetically by cadet’s last name in the following format: LastName_FirstName_CadetCode.jpg (ex: Brown_Andrew_18075).

All images provided must be high-resolution color digital copies (400dpi, 300dpi minimum, .jpg format).

The specs shall be revisited annually to ensure that the publisher requirements are met.

4. Prices for the cadet purchases of portraits from proofs shall be as shown in the contractor’s price list(s) included in this quote. The price schedule will not increase more than 2% per year. It is understood that at least one-half of the price for portraits purchased will be paid at the time orders are placed and the balance will be paid upon completion. All finished orders will be delivered through the U. S. Postal Service or a courier company.

5. The initial sitting for the 1/c and 4/c portraits (approximately 550-600 cadets) will occur in late September/early October for eight to ten full contiguous calendar days at no charge and for one “clean-up” day (for absentees, retakes, etc.) no later than November 15, at no charge.

6. The contractor will provide an online link to schedule the portrait sittings. A login will create an account for each individual that will also be used to view the proofs online. The USCGAYBA will also be provided access to view the scheduling link.

7. Using the link to view proofs, all 1/c cadets must choose their final portrait for use in the yearbook by January 1st of that year. A CD-ROM or digital version of all 1/c final portrait selections will be given to the

CAF.

8. The contractor will set up the portrait sittings in a space designated by the CAF. The contractor will not be asked to set up at more than one on-campus studio location at any one time. No setups will be scheduled in cadet quarters.

9. The contractor will photograph the cadets in the appropriate uniforms as designated by the CAF.

10. Contact information will be provided by the cadets, not by the CAF. The contractor agrees that any mailing and/or contact information collected from the cadets is to be used solely for the purpose of notifying them of portrait sittings, the fulfillment of orders, and other similar necessary contact. The contractor will collect only the following data from the individuals photographed: first name, last name, class, college, cadet’s email address, cadet’s mailing address, and cadet’s parent/guardian(s) email and mailing address(es) (at the cadet’s discretion).

11. Cadets will not be charged extra for ordering a pose different from the one chosen for the yearbook. No cadet will be required to place an order if he/she does not wish to. Personal orders placed by cadets shall be ready from 40 to 60 calendar days after the return of their proofs to the contractor. If the CAF feels it is necessary for the yearbook deadline, USCGAYBA may request that the contractor select a pose for the yearbook for any cadet who has not returned his/her proofs on time.

12. If photo quality does not meet the expectations of the person/group photographed, the prints may be returned free of charge and all money refunded. In such an event, the person/group is entitled to schedule a retake at the earliest convenience of person/group being photographed.

13. Cadet proofs will be mailed within 10 business days after the last scheduled cadet has been photographed to the address cadets specified to the contractor at the time of the photographic session. It is understood that the contractor may request that the cadets return their proofs within three weeks of their receipt.

14. In addition to mailing proofs and order forms, the contractor will provide an online option that allows the cadets and their families to view their poses and to process their orders online.

15. If cadet satisfaction cannot be achieved, the contractor will refund any monies already proffered. It is understood that the CAF is not responsible for any personal orders placed by clients or any other expenses incurred in connection with such orders.

16. The contractor will retain all picture files at the processing lab until after the publication of the yearbook at no charge.

17. At such time as delivery by ground service is deemed not practical, the contractor will provide next day air service when so requested by the CAF in order to facilitate the meeting of yearbook deadlines.

18. Portraits to be provided at no charge. Chain of command portraits of Officers and Chiefs that will be used in the yearbook will be provided at no charge.

19. Contractor’s Representative.

A. One Contractor’s Representative shall be assigned throughout the production of each yearbook.

The Contractor’s Representative shall have the full authority to act on behalf of the contractor.

B. The contractor’s representative shall be required to meet with the USCGAYBA and yearbook staff members whenever deemed necessary by the USCGAYBA.

C. The Contractor’s Representative shall ensure that appropriate personnel are assigned to ensure the highest quality portraits and event photos as required.

20. Interactive Requirements for Contractor Personnel.

A. Contractor personnel shall exercise and exhibit professional decorum, composure, and stability at all times.

B. The behavior and language exhibited by contractor personnel shall be professional, appropriate, and respectful at all times.

C. The Contractor shall be responsible for maintaining satisfactory standards of personnel conduct and work performance. Disciplinary action will be administered as required.

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

24. DEBRIEFING OFFERORS

(Incorporated by Reference)

25. COVENANT AGAINST CONTINGENT FEES

26. WALSH-HEALEY PUBLIC CONTRACTS ACT

27. EQUAL OPPORTUNITY

28. AFFIRMATIVE ACTION–VETERANS

29. AFFIRMATIVE ACTION–HANDICAPPED WORKERS

30. EMPLOYMENT REPORTS – VETERAN

31. RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

32. EXTRAS

33. CHANGES – FIXED PRICE

34. CONTRACTOR INSPECTOR REQUIREMENTS

35. RESPONSIBILITY FOR SUPPLIES

36. CLEARANCE AND DOCUMENT – SHIPMENTS

37. CONVICT LABOR

38. CONTRACT WORK HOURS & SAFETY STANDARDS ACT

39. SERVICE CONTRACT ACT OF 1965 (AS AMENDED)

40. CHANGES – FIXED PRICE

41. INSPECTION OF SERVICES – FIXED PRICE

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 Nonappropriated Fund Instrumentality of the United States Government. The term “CAF” represents the nonappropriated fund program at the installation within the NAFI.

c. The term “Contracting Officer” means the person executing or responsible for administering this contract on behalf of the CAF which is a party hereto, or his successor or successors. The Contracting Officer is the U.S. Coast Guard Academy Business Operations Director.

d. The term “Contractor” means the party responsible for providing supplies/equipment and/or services at a certain price or rate to the CAF 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, advertisement 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 United States Coast Guard, United States Coast Guard Academy, the NAFI, or CAF.

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 CAF by any other clause of this contract. The printed terms and conditions of such warranty will be provided to the CAF 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.

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 his/her 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 Commanding Officer of the CAF. 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. Not applicable.

8. GRATUITIES.

a. The CAF 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 Commanding 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 CAF 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.

b. In the event this contract is terminated as provided in paragraph “a” hereof, the CAF 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 Commanding 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 CAF 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 CAF, the NAFI, U.S. Coast Guard, Federal Government, 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 CAF 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 the CAF customers, employees, agents or representatives. Also, the Contractor shall at all times hold and save harmless the CAF, the NAFI, U.S. Coast Guard, Federal Government, 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 FUND’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 FUND 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 FUND, 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 thirty (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 “b” above for each such first-tier subcontractor, at least five (5) days prior to entry of each such subcontractor’s personnel on the installation.

In implementation of the insurance clause above, the Contractor shall procure and maintain:

(1) Workman’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) for personal injury or death and legal liability resulting from damage to the property of passengers or of others for any one accident in an amount not less than five million dollars, $5,000,000, are required.

(3) The Contractor is responsible for damage or loss to his owned or leased equipment. Claims will be honored only if it can be shown that the CAF 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 should include (and in order to support the payment of interest penalties) must include the following:

a. Invoice date;

b. Name of Contractor;

c. Contract number, contract description of services, quantity, contract unit of measure and unit price and extended total;

d. date of service;

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 event of a defective invoice; and

g. Any other information or documentation required by other provisions of the contract

Invoices shall be prepared and submitted in duplicate hard copy (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 and CAF are integral parts of the United States Coast Guard and are instrumentalities of the United States Government. Therefore, 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 CAF 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/award, the inconsistency shall be resolved by giving precedence in the following order:

(1) 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.

17. PAYMENTS. Payment of prices stated in this contract will be made according to the Prompt Payment Act, as amended. Payment is deemed to have been made as of the date on the payment check.

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 which are nonapplicable. 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 CAF. 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 CAF 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 reprocuring similar supplies/equipment or services; provided that, if (1) it is determined for any reason that the Contractor was not in default; or (2) 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 this 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 a procurement decision of the Contracting Officer, that Offeror may file a written protest with the Contracting Officer, the Commandant of Cadets.

The Contracting Officer will issue a final decision on the protest. Any protest must be lodged within 10 calendar days of notification of the contract award to be considered. Any interested party who is dissatisfied by the Contracting

Officer’s final decision on the protest may file a written appeal with the Commanding Officer, the Coast Guard Academy Superintendent. Appeals must be made within 7 calendar days from receipt of the decision of the Contracting Officer. Determinations made by the Commanding Officer are final.

24. DEBRIEFING OFFERORS. All unsuccessful offerors, upon request, shall be debriefed and furnished the basis for the selection decision. A request for debriefing shall be made by the offeror by written request within 7 calendar days after receipt of the notice from the Contracting Officer that the offeror did not received the award. Debriefings may be done verbally (including by telephone) or in writing by the Contracting Officer.

CLAUSE NO REFERENCE CLAUSE TITLE

25 52.203-5 Covenant Against Contingent fees (Contracts over $100,000)

26 52.222-20 Walsh-Healey Public Contracts Act (Supply Contracts in excess of $10,000) (not with foreign Contractors)

27 52.222.26 Equal Opportunity (Supply and Service Contracts over $10,000)

28 52.222.35 Affirmative Action for Special Disabled Veterans and Vietnam Era Veterans (Supplies and Services over $10,000)

29 52.222-36 Affirmative Action for Handicapped Workers (Supplies and Service Contracts over $25,000)

30 52.222-37 Employment Reports on Special Disabled Veterans and Vietnam Era Veterans (Supplies and Services Contracts over $10,000)

31 52.225-13 Restrictions on Certain Foreign Purchases

32 52-232-11 Extras

33 52.243-1 Changes–Fixed Price

34 52.246-1 Contractor Inspector Requirements

35 52.246-16 Responsibility for Supplies

36 52.247-52 Clearance and Documentation Requirements-Shipment to DOD Air or Water Terminal Transshipment Points

37 52.222-3 Convict Labor (Contracts over $2,500)

38 52.222-4 Contract Work Hours and Safety Standards Act- Overtime Compensation–General (Contracts over $100,000) 39 52.222-41 Service Contract Act of 1965, as amended (Contracts over $2,500)

40 52.243-1 (ALT1) Changes – Fixed Price

Supplies or Services

1. BASE PERIOD: TIDE RIPS 2024 Yearbook 1 August 2023 - 31 July 2024 Contractor agrees to provide portraits/formal posed photography for the TIDE RIPS 2014 Yearbook with the following remuneration:

A. Guaranteed percentage of gross portraits/formal posed photography sales revenue _______%

B. Minimum guaranteed payment for portraits/formal posed photography $ ____________

2. FIRST OPTION YEAR: TIDE RIPS 2025 Yearbook 1 Aug 2024 – 31 July 2025 Contractor agrees to provide portraits/formal posed photography for the TIDE RIPS 2025 Yearbook with the following remuneration:

A. Guaranteed percentage of portraits/formal posed photography sales revenue _______%

B. Minimum guaranteed payment for portraits/formal posed photography $ _____________

3. SECOND OPTION YEAR: TIDE RIPS 2026 Yearbook 1 Aug 2025 - 31 July 2026 Contractor agrees to provide portraits/formal posed photography for the TIDE RIPS 2026 Yearbook with the following remuneration:

4. THIRD OPTION YEAR: TIDE RIPS 2027 Yearbook 1 Aug 2026 - 31 July 2027 the following remuneration:

5. FOURTH OPTION YEAR: TIDE RIPS 2028 Yearbook 1 Aug 2027 - 31 July 2028 the following remuneration:

REVENUES AND REMUNERATION PAYMENTS

1. COLLECTION OF ALL ADVERTISEMENT REVENUES: The Contractor shall be responsible for collection of all monies resulting from the sale of portraits/formal posed photography. In the event the Contractor has uncollectible accounts for reasons of bankruptcy or other factors beyond the control of the Contractor, the Contractor shall be liable for the revenue due to the CGA Cadet Activities Fund for the required minimum, and all sales in excess of the minimum.

2. MINIMUM REMUNERATION BY CONTRACTOR:

Contractor states below the minimum remuneration to be paid to the Cadet Activities Fund.

A. BASE PERIOD –

TIDE RIPS Yearbook portraits/formal posed photography for 2024 $_______________

B. FIRST OPTION –

TIDE RIPS Yearbook portraits/formal posed photography for 2025 $_______________

C. SECOND OPTION YEAR –

TIDE RIPS Yearbook portraits/formal posed photography for 2026 $_______________

D. THIRD OPTION YEAR –

TIDE RIPS Yearbook portraits/formal posed photography for 2027 $_______________

E. FOURTH OPTION YEAR –

TIDE RIPS Yearbook portraits/formal posed photography for 2028 $_______________

3. REQUIRED REPORTS: The Contractor shall be responsible for any necessary collection activities. For all periods of the contract, the Contractor shall provide to the Cadet Activities Fund the following summary report:

A. On a quarterly basis, provide a list of the total amount of portraits/formal posed photography purchased during that period.

B. Summary report at end of contract period listing the total portraits/formal posed photography sold that ties into the sum total of all payments made throughout the contract year.

4. DUE DATE OF PAYMENT: Based on terms stated under supplies and services, the Contractor shall make one payment to the Cadet Activities Fund no later than July 31st of the respective year.

Attachment #1 General Tide Rips Annual Photographic Timeline

September-Early October:

• 1/c and 4/c uniformed portraits taken

October-Early November

• Retake session for 1/c and 4/c portraits, and Chain of Command Officers and Chiefs, May

• Commencement Ball posed group photos (Event is the Monday before Commencement)

• Commencement Day posed photos of graduates receiving commissions and diplomas (Generally, third week of May)

ATTACHMENT #2 PHOTOGRAPHER VENDOR PROFILE

Please provide short responses in the “Response” column. “Comments” for each question are optional unless the question requests further information. If more space is needed for a response, additional sheets can be attached.

Question Response Comments

1. How long has your company been established?

2. How long have you been producing portraits digitally?

3. Identify any experience you have had with providing photographic services to military academies.

4. Does your company specialize in any particular form/style of photography?

5. Do you have a website? If so, please list the URL.

6. Approximately how many colleges does your company service for portraits?

7. Do you perform your own photographic processing in-house or sub-contract the work to other labs?

8. Is proof review handled online via website or mailed through US postal service? (Please provide URL for website.)

9. Are placement of orders handled online via website or via US postal service? (Please provide URL for website..)

10. Is payment for orders handled online by credit card via secure website or PayPal? Is there an option to pay with check? (Please provide URL for website.)

11. What geographic area is covered by the company representative assigned to this contract?

CONTRACTOR INFORMATION