Sol_NAFUA1-26-Q-0009.pdf

DEFENSE LOGISTICS AGENCY

HEADQUARTERS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6221

DM-Q

17 March 2026

Dear Prospective Offeror, The Defense Logistics Agency Family & Morale, Welfare, and Recreation (FMWR) invites qualified offerors to submit quotes in response to the Request for Quote (RFQ) NAFUA1- 26-Q-0009 to provide two (2) new campers at the Defense Logistics Agency Installation Management San Joaquin 25600 S. Chrisman Road, Bldg. 101, Tracy, California.

All questions regarding the solicitation are due no later than 3:00 PM (EST), March 26, 2026 (or sooner if possible) in order to be considered timely. All quotes can be sent to Elizabeth Sheffield at email: Elizabeth.Sheffield@DLA.mil no later than 3:00 PM (EST) April 2, 2026.

Should you have any questions regarding the solicitation or site visit, please reach out to either the Contracting officer at Elizabeth.Sheffield@DLA.mil.

Sincerely, Elizabeth Sheffield Contracting Officer

SEE ADDENDUMIS CHECKED.

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

UA1-SHEFFIELD

Elizabeth.sheffield@dla.mil

PHONE: 445-737-9651

Elizabeth Sheffield

LP1RP CODE 16. ADMINISTERED BYCODE

X

X SEE SCHEDULE

BLOCK IS MARKED

UA1

RFPIFB

11. DELIVERY FOR FOBCODE

RFQ

14. METHOD OF SOLICITATION

DESTINATION UNLESS

12. DISCOUNT TERMS

04/02/2026 1500 ED

03/17/2026

445-737-9651Elizabeth Sheffield (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

NAFUA1-26-Q-0009

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(Nonappropriated Funds)

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

1. REQUISITION NUMBER PAGE OF

1 27PRLP1-JE-88-26-0002

TELEPHONE NO.

17a. CONTRACTOR/

Tracy CA 95304 USA ATTN: Alicia Rojas Bldg. 101, MWR Financial Management 25600 S. Chrisman Road DLA Installation Mgmt San Joaquin

15. DELIVER TO

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

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The NAFI intends to evaluate quotes and make an award on a line-item basis. The NAFI reserves the right to award Line Item 1 and Line Item 2 to separate vendors. An award for one line item will not be contingent upon the award of the other line item.

Quotes that are contingent upon receiving an award for both line items (i.e., "all or none" quotes) may be considered non-responsive and may be rejected if it is determined to be in the

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Elizabeth Sheffield

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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

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

OFFER

DA FORM 4066, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

ARE NOT ATTACHED.

ARE NOT ATTACHED.

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED NAFI REPRESENTATIVE

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

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED NAFI REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

DA FORM 4066, NOV 04 (Back)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

NAFI's best interest to award line items to separate vendors.

Equivalents are not accepted.

Period of Performance: 04/06/2026 to 05/06/2026

0001 One (1) new 2025 Jayco Jay Feather Micro 171BH 1 EA

Camper

Dimensions and Weight

Length (ft.): 20' 2''

Exterior Height (ft.): 10' 6''

Dry Weight (UVW): 3,735 lb.

Total Sleeping Capacity: 5

Tank Capacities:

Fresh Water Capacity (gal.): 55

Grey Water Capacity (gal.): 30

Black Water Capacity (gal.): 30

Power Supply:

Electrical Service (Amps): 30

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED NAFI REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED NAFI REPRESENTATIVE

32 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

(Nonappropriated Funds)

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

NAFUA1-26-Q-0009

0002 One (1) new 2026 Jayco Jay Flight SLX 175BHW 1 EA

Camper

Dimensions and Weight

Length (ft.): 22' 1''

Exterior Height (ft.): 10' 3’

Dry Weight (UVW): 3,150 lb

Interior Specs

Total Sleeping Capacity: 5

Tank Capacities:

Fresh Water Capacity (gal.): 20

Grey Water Capacity (gal.): 20

Black Water Capacity (gal.): 20

Power Supply:

Electrical Service (Amps): 30

UEI NUMBER REQUIRED: CONTRACTOR SHALL PROVIDE A

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

(active or not) you already have a Unique Entity

ID. It is viewable at SAM.gov

DA FORM 4068, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

[NAFUA1-26-Q-0009]

Section I - Contract Clauses

I.1 INSPECTION OF SUPPLIES (NOV 2004) BE.001

I.2 TIME OF DELIVERY (NOV 2004) BF.001

I.3 DELIVERY OF EXCESS QUANTITIES (NOV 2004) BF.005

I.4 STOP-WORK ORDER (NOV 2004) BF.006

I.5 F.O.B. DESTINATION (NOV 2004) BF.009

I.6 DEFINITIONS (DEC 2022) BI.001

I.7 NONAPPROPRIATED FUND INSTRUMENTALITY (NOV 2004) BI.002

I.8 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (APR 2023) BI.003

I.9 PROTECTING THE NAFI'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED OR PROPOSED FOR DEBARMENT

(MAR 2020) BI.004

I.10 MATERIAL REQUIREMENTS (NOV 2005) BI.005

I.11 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY

DAMAGE (APR 2023) BI.009

I.12 INVOICES (MAR 2020) BI.010

I.13 EXAMINATION OF RECORDS (MAR 2020) BI.011

I.14 WALSH-HEALEY PUBLIC CONTRACTS ACT (MAR 2020) BI.036

I.15 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (MAR 2020)

BI.040

I.16 BUY AMERICAN - SUPPLIES (DEC 2022) BI.051

I.17 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (DEC 2010) BI.055 ...14

I.18 TAXES (NOV 2004) BI.067

I.19 PAYMENTS (MAR 2020) BI.068

I.20 DISCOUNTS FOR PROMPT PAYMENT (NOV 2004) BI.070

I.21 PROMPT PAYMENT (MAR 2020) BI.074

I.22 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER (MAR

2020) BI.077

I.23 PAYMENT BY THIRD PARTY (MAR 2020) BI.078

I.24 DISPUTES (NOV 2004) BI.079

I.25 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (APR 2023) BI.080

I.26 CHANGES (NOV 2004) BI.104

I.27 COMMERCIAL WARRANTY (NOV 2004) BI.111

I.28 TERMINATION FOR CONVENIENCE (MAR 2020) BI.118

I.29 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) (NOV 2004) BI.120

I.30 CLAUSES INCORPORATED BY REFERENCE (DEC 2021) BI.121

I.31 ASSIGNMENT OF CLAIMS (NOV 2004) BI.124

I.32 NONWAIVER OF DEFAULTS (NOV 2004) BI.125

I.33 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(APR 2023) BI.129

I.34 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (MAR 2020) BI.135

I.35 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

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

I.36 COMBATING TRAFFICKING IN PERSONS (MAR 2020) BI.153

I.37 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

BI.155

I.38 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (APR 2023) BI.157

I.39 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (MAY

2023) BI.160

Page Intentionally Left Blank

Section I - Contract Clauses

I.1 INSPECTION OF SUPPLIES (NOV 2004) BE.001

I.2 TIME OF DELIVERY (NOV 2004) BF.001

The NAFI will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified. Offerors that propose delivery beyond the required delivery period may be rejected. The NAFI reserves the right to award under either the required delivery schedule or the proposed alternate delivery schedule, when an offeror offers an earlier delivery schedule than required. If the offeror proposes no other delivery schedule, the required delivery schedule will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM

NO. QUANTITY WITHIN DAYS AFTER DATE OF

CONTRACT

(End of clause)

I.3 DELIVERY OF EXCESS QUANTITIES (NOV 2004) BF.005

I.4 STOP-WORK ORDER (NOV 2004) BF.006

I.5 F.O.B. DESTINATION (NOV 2004) BF.009

(a) The term "f.o.b. destination," as used in this clause, means-

(1) Free of expense to the NAFI, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The NAFI shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the NAFI acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, the consignee shall perform unloading (including movement to the tailgate), with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall-

(1) Pack and mark the shipment to comply with contract specifications; or in the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

I.6 DEFINITIONS (DEC 2022) BI.001

(a) This part-

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

AR 215-4;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Claim" means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract.

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

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

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

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

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

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

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

"Commercial product" means-

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

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

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

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

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

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

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

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

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

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

"Commercial service" means-

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

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

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

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

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

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

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

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

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

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

"Computer software" -

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Its use; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Must" (see "shall").

"Nondevelopmental item" means-

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

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

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

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

"Offeror" means offeror or bidder.

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

"Outlying areas" means-

(1) Commonwealths

(i) Puerto Rico.

(ii) The Northern Mariana Islands;

(2) Territories.

(i) American Samoa.

(ii) Guam.

(iii) U.S. Virgin Islands; and

(3) Minor outlying islands.

(i) Baker Island.

(ii) Howland Island.

(iii) Jarvis Island.

(iv) Johnston Atoll.

(v) Kingman Reef.

(vi) Midway Islands.

(vii) Navassa Island.

(viii) Palmyra Atoll.

(ix) Wake Atoll.

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

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

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

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

(1) Battleships;

(2) Cruisers;

(3) Aircraft carriers;

(4) Destroyers; and

(5) Submarines.

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

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

"Procurement" (see "acquisition").

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

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

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

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

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

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

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

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

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

(4) The Government has marked the record Active.

"Shall" denotes the imperative.

"Shipment" means freight transported or to be transported.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

I.7 NONAPPROPRIATED FUND INSTRUMENTALITY (NOV 2004) BI.002

I.8 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (APR 2023) BI.003

I.9 PROTECTING THE NAFI'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED OR PROPOSED FOR DEBARMENT

(MAR 2020) BI.004

I.10 MATERIAL REQUIREMENTS (NOV 2005) BI.005

I.11 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY

DAMAGE (APR 2023) BI.009

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

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

(End of clause)

I.12 INVOICES (MAR 2020) BI.010

(a) An invoice is a written request for payment under the contract for supplies delivered or for services rendered. In order to be proper, an invoice must include as applicable the following:

(1) Name and address of the contractor.

(2) Invoice date.

(3) Contract number or other authorization for supplies delivered, services performed (including order number and contract line item number).

(4) Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed.

(5) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government/NAFI bills of lading.

(6) Name and address of contractor official to whom payment is to be sent (must be the same as that on the contract or on a proper notice of assignment).

(7) Name (where applicable), title, phone number, mailing address of person to be notified in event of defective invoice.

(8) Any other information or documentation required by the contract (such as evidence of shipment). Invoices shall be prepared and submitted in duplicate (one copy shall be marked "original") unless otherwise specified.

(b) For purposes of determining if interest begins to accrue under the Prompt Payment Act (Public Law 97-177, as amended).

(1) A proper invoice will be deemed to have been received when it is received by the office designated in the contract for receipt of invoices and acceptance of the supplies delivered or services rendered has occurred;

(2) Payment shall be considered made on the date on which check for such payment is dated;

(3) When the due date falls on a Saturday, Sunday, or legal holiday when Government/NAFI facilities and offices are closed, may make payment on the following working day without incurring a late payment interest penalty.

(4) Payment terms (e.g., "net 20") offered by the contractor will not be deemed a "required payment date"; and

(5) The following periods of time will not be included:

(i) after receipt of an improper invoice and prior to notice of any defect or impropriety, but not to exceed 7 days (3 days on contracts for meat food products, and 5 days on contacts for perishable agricultural commodities, dairy products, edible fats or oils and food products prepared from edible fats or oils); and

(ii) between the date of a notice of any defect or impropriety and the date a proper invoice is received. When the notice is in writing, it shall be considered made on the date shown on the notice.

(6) If the NAFI makes payment by Electronic Funds Transfer (EFT) (see applicable contract clause). In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purposes of computing the discount earned, payment shall be considered to have been made on the date, which appears on the payment check, or the specified payment date if an electronic funds transfer payment is made.

(7) Discounts. When a discount for prompt payment is taken, the designated payment office will make payment to the contractor as close as possible to, but not later than, the end of the discount period. The discount period is specified by the contractor and is calculated from the date of the contractor's proper invoice. If the contractor has not placed a date on the invoice, the due date is calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. When the discount date falls on a Saturday, Sunday, or legal holiday when NAFI facilities and offices are closed, the designated payment office may make payment on the following working day and take a discount. Payment terms are specified in the clause at BI.070, Discounts for Prompt Payment.

(End of clause)

I.13 EXAMINATION OF RECORDS (MAR 2020) BI.011

(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) The Contractor agrees that the Contracting Officer or the Contracting Officer's duly authorized representative shall have access to and the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.

(c) The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a) and (b) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract.

(b) The Contractor agrees to include the clause in all subcontracts.

I.14 WALSH-HEALEY PUBLIC CONTRACTS ACT (MAR 2020) BI.036

I.15 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (MAR 2020)

BI.040

I.16…