SOL NO. NAFIB3-22-R-0007.pdf

NAFIB3-22-R-0007

SOLICITATION, OFFER AND AWARD

(Nonappropriated Funds)

4. SOLICITATION TYPE2. CONTRACT NO. 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"

NEGOTIATED BID (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. No appropriated funds of the United States shall become due or paid the contractor by reason of this solicitation / award

PAGE OF PAGES

1 56

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL

CAUTION: LATE Submissions, Modifications and Withdrawals: See Section L. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

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A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Prompt Payment Provisions)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at Section L., Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on DA Form 4071, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. Nonappropriated Fund Instrumentality

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE

24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

21. ACCOUNTING DATA20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by NAFI)

CODE

PRKD1-HB-6R-22-0009

X

IB3 (1)

Department of the Army IMCOM NAF Contracting ID Pacific Support (Korea) On Behalf Of Enterprise Fund

KOREA

1300 KST

Yun-Hui Kim 0503

YUNHUI.KIM2.LN@ARMY.MIL

355-2673

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PAGE(S)

Cindy L. Park

DA FORM 4069, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

11 NOV 2022

SOL NO. NAFIB3-22-R-0007

Concessionaire for Sports Massage Therapy Service, USAG-Humphreys

PART I. SCHEDULE

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 GENERAL. This is a Request for Proposal (RFP) to provide Massage Therapy Services on a concessionaire basis to authorized patrons on USAG-Humphreys. The Request for Proposal is issued by Nonappropriated Fund (NAF) Contracting on behalf of USAG-Humphreys FMWR, a Nonappropriated Fund Instrumentality hereafter referred as the NAFI. Concessionaire shall furnish all labor, supervision, materials, and equipment necessary to provide a massage therapy service concession in accordance with the Statement of Work contained herein and contract terms and conditions. All contract terms and conditions are mutually agreed upon by the parties.

B-2 CONTRACT TYPE. The contract type is a concession contract in which the concessionaire is authorized to provide services in a designated location for a specified period of time.

B-3 CONCESSION FEE SCHEDULE. The services rendered shall comply with the terms and conditions of the contract and the concession fee shall remain fixed during the specified contract period.

B-4 MONTHLY CONCESSION FEE SCHEDULE. Offerors shall propose a percentage of monthly gross revenue for each CLIN in the spaces provided below which will be evaluated by the Contracting Officer. Gross revenues are defined as the grand total of billings or sales, excluding any refunds or authorized taxes.

B-5 SUBMISSION OF CONCESSION FEE SCHEDULE. Offerors will submit a fee for all of the following concession fee schedule below. The NAFI reserves the right to award all or none of the CLINS listed below.

Base Year One year from the date of awarded

CLIN Description Monthly Percentage of Gross Revenue due to the NAFI

0001 Massage Therapy Services %

First Option Year One year from the date of First Option Year exercised

CLIN Description Monthly Percentage of Gross Revenue due to the NAFI

0002 Massage Therapy Services %

Second Option Year One year from the date of Second Option Year exercised

CLIN Description Monthly Percentage of Gross Revenue due to the NAFI

0003 Massage Therapy Services %

Third Option Year One year from the date of Third Option Year exercised

CLIN Description Monthly Percentage of Gross Revenue due to the NAFI

0004 Massage Therapy Services %

Fourth Option Year One year from the date of Fourth Option Year exercised

CLIN Description Monthly Percentage of Gross Revenue due to the NAFI

0005 Massage Therapy Services %

SECTION C. DESCRIPTION/SPECIFCATIONS/WORK STATEMENT

C-1 DEFINITIONS.

a. NAFI. Refers to the Nonappropriated Fund Instrumentality.

b. Contracting Officer (KO). The Contracting Officer is the agent responsible for the execution of the contract requirements on behalf of the NAFI. The KO has the authority to enter into, administer, terminate contracts, and make related determinations and findings. Contracting Officers may bind the NAFI only to extent of the authority delegated to them.

c. Contracting Officer’s Representative (COR). The COR is responsible to the Contracting Officer. The COR ensures the concessionaire is performing in accordance with the terms and conditions of the contract. The COR is the on-site representative for the Contracting Officer with authority to act only on behalf of the Contracting Officer as specified in the letter of designation. The COR does not have the authority to award a contract, agree to, or issue a change to the contract.

d. Offeror. The person or entity submitting a proposal in response to a Request for Proposal.

e. Concessionaire and/or Contractor. The person or entity awarded a contract in response to a Request for Proposal.

f. Government Furnished Property. Property in the possession of, or directly acquired by, the Government/NAFI and subsequently made available to the concessionaire.

g. Authorized Patron. Any individual who can provide proof of DoD affiliation, including Active Duty, Reserve Component, Retired, “Gray Area Retirees,” Family Members, DoD Civilians, DoD Contractors with DoD identification and guests of these individuals.

h. Guest of Authorized Patrons. Those guests accompanied by an authorized patron who holds a valid identification.

i. Price List. A statement or list of the prevailing prices of goods or services.

C-2 CONCESSION REQUIREMENTS. The Concessionaire and their employees are not employees or agent of the Non-Appropriated Fund Instrumentality (NAFI) and will not be tasked or authorized to perform duties or provide services other than as specifically stated in the contract. Concessionaire shall comply with the following requirements in regard to all services provided under this agreement.

a. Concessionaire shall provide trained staff, supplies, materials, transportation, and equipment necessary to operate and manage a Massage Therapy concession operation.

b. Concessionaire shall provide massage therapy using manual techniques with the intention of relieving pain, reducing stress, and positively affecting the health and well-being of the authorized patrons.

c. Concessionaire shall adhere to the standards of performance and code of ethics as prescribed by the trade association of the massage therapy profession.

d. Concessionaire shall ensure that all sessions are by appointment only. Sessions may be scheduled on an as needed basis and based on the interest of NAFI patrons. All sessions under this contract shall be conducted during hours of operations of facilities designated by MWR. All locations must be authorized by MWR. Concessionaire is not authorized to schedule sessions in locations not authorized by MWR.

e. Concessionaire shall ensure all areas and equipment are cleaned and sanitized before and after each session.

f. Concessionaire shall comply with all applicable Installation Standard Operating Procedures (SOP) related to safety, fire, health, (e.g., HPCON measures), emergency situations, security (e.g., FPCON measures), and local facility policies. Contractor may request a copy of each document from the COR.

g. Concessionaire shall not provide services to individuals under the age of 18 (unless active-duty Military age 17).

C-3 QUALIFICATIONS. Concessionaire staff must have either Korean citizenship or the appropriate VISA to both permanently work and reside in the Republic of Korea. Concessionaire shall provide his/her proposal, showing evidence that all staff have the required qualifications. (Any applicant who fails to meet these minimum qualification requirements will not be considered for award).

a. Massage Therapists shall be certified by a nationally recognized certification program (Korea, US, or other country). All certifications will be vetted before a contract is awarded.

b. Concessionaire shall have all locally required business licenses.

c. Massage Therapists shall possess and maintain valid First Aid, Cardiopulmonary Resuscitation (CPR) and Automated External Defibrillator (AED) certifications or obtain certifications within 3 months after contract is awarded. Valid CPR/Nursing/Medical training can be substituted if certification has not expired.

d. Concessionaire staff shall have the ability to understand, write, and speak the English language.

e. Concessionaire shall provide evidence of all required certifications to the Contracting Office prior to providing services under this contract. Concessionaire shall be responsible for keeping all certifications up to date for the entire period of performance under this contract. Should the Concessionaire fail to provide proof of all required certifications at any time during the duration of this contract, the Concessionaire will be prohibited from providing services until proof of current certification is provided to the Contracting Officer.

C-4 LOCATION OF CONCESSION.

a. The concession will be located at the Turner Fitness Center, Bldg. 1263 or other locations determined by NAFI.

The current hours of operations for Turner Fitness Center. (Hours of operations can be changed.)

Sun: 0800-2000 Mon: 0500-2030 Tue: 0500-2030 Wed: 0500-2030 Thu: 0500-2030 Fri: 0500-0800 (closed for cleaning from 0800-1100) & 1100-2030 Sat: 0800-2000 US and Training Holidays: 0800-2000

b. The Concessionaire shall not conduct other business from this location. The facility and equipment furnished by the NAFI shall only be used by the concessionaire in furtherance of the work required by this contract. The Concessionaire shall be authorized to keep its equipment and supplies at the concession during the hours of operation and during non-operation hours. The Concessionaire shall be responsible for the securing its equipment and supplies within the concession space.

C-5 HOURS OF OPERATION.

a. NAFI shall provide an adequate space at USAG-H and the Concessionaire shall provide operational hours between the current operational hours listed for the facility at any given time. Hours of operations subject to change.

b. The concessionaire shall submit requests for any changes to the operational hours and/or days in writing to the COR and Contracting Officer. The Contracting Officer will consider the changes and will approve or disapprove the changes in writing within seven (7) calendar days.

C-6 HOLIDAY/NAFI SPECIAL EVENT DAYS.

a. The Concessionaire may close only on the following holidays, with no less than 30 days’ notice to the Contracting Office.

New Year’s Day Independence Day Thanksgiving Day Martin Luther King Jr. Day Labor Day Christmas Day President’s Day Columbus Day Lunar New Year Memorial Day Veteran’s Day Chuseok Juneteenth

b. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday will be observed as a legal holiday.

C-7 CONTRACTOR/PATRON RELATIONSHIP.

a. The Contractor shall be responsible for maintaining order during each session. The Contractor shall report patrons that present a problem, insofar as discipline is concerned, to the front desk staff and COR. The Contractor shall not attempt to administer punishment. The Contractor shall record any misconduct on the records being maintained for each patron.

b. Any patron complaints that cannot be resolved by the Contractor will be referred directly to the front desk staff and COR. If the front desk staff or COR are unable to resolve an issue, then the COR will refer the Contractor to the Contracting Officer named herein.

C-8 NAFI FURNISHED PROPERTY AND SERVICES.

a. The NAFI will provide to the Contractor, without additional cost to the Contractor, the use of the facilities.

b. The NAFI will provide publicity for all advertised services offered under this agreement.

c. The NAFI will retain the right to audit/inspect (or to have audited/inspected) any records or services provided by the Contractor under this agreement for compliance purposes.

d. The NAFI will provide the Contractor with a copy of the NAFI Customer Satisfaction Policy, and upon Contractor request, any applicable Standard Operating Procedures (SOPs).

e. The NAFI will ensure Contractor compliance with the terms and conditions of this contract, and will notify the Contracting Officer of any deficiencies, with recommendations as to corrective action. The COR, aside from the Contracting Officer, is not authorized to take any actions which may result in changes in the scope of work, or the pricing of this contract, or terms of conditions.

f. The NAFI will provide a point of sales system and will work with Concessionaire to ensure all fees are collected.

C-9 Equipment and Supplies. Except for items identified herein, the Concessionaire shall provide all equipment needed to operate the Concession, including, but not limited to, all furniture, fixtures, and all other equipment necessary to provide quality, effective and efficient services. Equipment and supplies must be maintained in a safe and operational condition at all times and shall be serviced on a regular basis to ensure effective and continuous operability. All equipment owned by the Concessionaire is subject to inspection by the Contracting Officer and/or the COR.

C-10 Management Responsibilities. A responsible individual shall be present on site to represent the Concessionaire at all times during operational hours. The manager or a designated representative will be available during all hours of operation.

C-11 Personnel.

a. Concessionaire personnel shall wear business-like uniforms, shall be well groomed, and articulate and professional in all business transactions. Concessionaire personnel shall wear nametags with their first names and the company’s name and/or logo. The nametag shall be visible to all patrons. As a courtesy to all patrons, Concessionaire personnel shall not conduct personal business (including over the phone) during working hours. If Concessionaire personnel are conducting business on the telephone, or are with other patrons, Concessionaire personnel shall respectfully acknowledge the presence of the patrons entering the Concession.

b. The Concessionaire shall provide the Contracting Officer and the COR a list of employees prior to commencement of services under this contract. As changes occur, the Concessionaire shall provide written updates to the Contracting Officer and COR.

SECTION D. PACKAGING AND MARKING

Not Applicable

SECTION E. INSEPCTION AND ACCEPTANCE

E-1 The Concessionaire shall be responsible for the professional quality, technical accuracy, and the coordination with the Contracting Officer or designee of all data and other services furnished by the Concessionaire under this contract. The Concessionaire shall, without additional compensation, correct or revise any errors or deficiencies.

E-2 The Contracting Officer or designee may conduct inspection as may be considered necessary to ensure compliance by the Concessionaire with all provisions of this contract.

E-3 INSPECTION OF SERVICES (NOV 2004) (BE-002)

a. The Contractor shall provide and maintain an inspection system acceptable to the NAFI covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the NAFI during contract performance and for as long afterwards as the contract requires.

b. The NAFI has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The NAFI shall perform inspections and tests in a manner that will not unduly delay the work.

c. If the NAFI performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

d. If any of the services do not conform to contract requirements, the NAFI may require the Contractor to perform the services again in conformity with contract requirements, at no increase Concessionaire for Tour Agency, USAG- Humphreys 11 in contract amount. When the defects in services cannot be corrected by reperformance, the NAFI may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

e. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the NAFI may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the NAFI that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

SECTION F. DELIVERIES OR PERFORMANCE

F-1 Period of Performance. The contract period will be one (1) base with four (4) one-year options. At the expiration of each contract period, the NAFI shall have the option to unilaterally extend the contract for the next option year.

The total contract period shall not exceed five (5) years. Reference Section I. Option to Extend the Term of the Contract (Nov 2004) (BI-022). The performance shall commence upon receipt of a formal written notice to proceed

(NTP).

F-2 Location of Concession. The concession will be located in USAG Humphreys.

Turner Fitness Center, Bldg. 1263

F-3 STOP-WORK ORDER (NOV 2004) (BF-006)

a. The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience, clause of this contract.

b. If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

c. If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the NAFI, the Contracting Officer shall allow reasonable costs resulting from the stop work order in arriving at the termination settlement.

d. If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

SECTION G. CONTRACT ADMINISTRATION DATA

G-1 Contract Administration. The Contracting Officer has the overall responsibility for this contract, including the contract administration functions. The Contracting Officer is the only person authorized to modify this contact. No changes to this contract can be effected without a signed modification executed by the Contracting Officer.

Cindy L. Park, Contracting Officer Phone: (0503) 355-2674 Email: cindy.l.park.naf@army.mil

G-2 Contracting Officer’s Representative (COR). The Contracting Officer will appoint a COR, in writing, for the purposes of ensuring the Concessionaire is in compliance with all contract terms and conditions. The COR is primarily the liaison between the Concessionaire and the Contracting Officer, however, the COR has no authority to change the terms and conditions of the contract. The Contracting Officer will furnish the Concessionaire a copy of the COR’s appointment letter.

G-3 Concession Payment and Supporting Document.

a. Concession Fee Payment Schedule is as follows:

(1) Monthly Concession Fee Payment: 5th Calendar day of month to NAF Financial Management Division

(2) Monthly Income Report: 5th Calendar day of the month to NAF Financial Management Division and COR

b. Reporting Formats.

(1) Monthly Income Reporting. The monthly income statement shall include, as a minimum the following:

• Gross Monthly Receipts

• Deductions such as refunds, applicable taxes

• Grand total for the respective reporting months

• The amount of Concession Fees to be paid to the NAFI based on the terms set forth in Section B, Monthly Concession Fee Schedule.

(2) The Concessionaire shall add the following statement to each Monthly Income Report and Composite Gross Revenue Report: “The undersigned certifies to the best of my knowledge and belief, the following charges, taxes and applicable fees, were made to Authorized Patrons, and are true and correct for this reporting period of

(3) Taxes. The Concessionaire is responsible for determining the applicability of and for payment of all federal, state, host country, and local taxes applicable to the property, income, and transactions of Concessionaire.

(4) Refunds and/or Credits. The Concessionaire shall be responsible for refunds to authorized patrons for dissatisfaction with an items or service or for any overcharges to authorized patrons within 24 hours from the time the loss or damage has been reported to the Concessionaire by the NAFI. The Concessionaire shall have an established loss and damage policy in place at all times during the term of this contract. The Concessionaire shall make every effort to reconcile any refund adjustment on-the-spot, but not more than 24-hours after the reconciliation has been determined to be needed.

mailto:cindy.l.park.naf@army.mil

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H-1 Insurance

a. In accordance with SECTION I CONTRACT CLAUSE I-6 INSURANCE-WORK ON A GOVERNMENT INSTALLATION AND/OR OTHER NAFI LOCATIONS (MAR 2020) BI.012, the Concessionaire shall procure within five (5) days of contract award, and maintain during the entire period of its performance under this contract the following types of insurance in no less than the minimum amounts set forth herein. The Concessionaire shall provide such proof of insurance to the Contracting Officer within five (5) days after contract award.

(1) Workman’s Compensation and all occupational diseases As Required by Korean Government

(2) Employer's liability including all occupational diseases $100,000.00 per accident when not so covered in Workman's Compensation above

(3) General Liability (Comprehensive Bodily Injury $100,000.00 and Property Damage per occurrence)

(4) Automobile Liability (Comprehensive)

Bodily Injury per person $30,000.00

Bodily Injury per occurrence $60,000.00

Property Damage per accident $25,000.00

b. Prior to commencement of work under this contract, the Contractor shall certify, by furnishing copies of policies to the Contracting Officer, that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the NAFI’s/Government’s interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed or prescribed, or (2) until 30 days after the insurer or the Contractor gives written notice to the contracting Officer, whichever period is longer.

c. In order for it to be an acceptable certificate it shall list the “US Army Garrison Humphreys Directorate of Family, Morale, Welfare and Recreation” as the additional insured and list the certificate holder; this policy shall be submitted prior to performance to:

IMCOM NAF Contracting - Pacific Korea Attn: Kim, Yun Hui Bldg., 12601 Unit 15228

APO AP 96271

USAG-HUMPHREYS

OR

via e-mail to: yunhui.kim2.ln@army.mil

H-2 Equipment, Facility, and Maintenance Requirements

a. The NAFI grants Concessionaire a nonexclusive concession to operate the concession as described in Section C.

The assignment of space for concession is a revocable license, not a tenancy.

b. If premises furnished by or through the NAFI are destroyed either in whole or in substantial part, so as to significantly hinder or prevent normal operation by Concessionaire, due to criminal acts, acts of terrorism or theft, by acts of God (such as, but not limited to, fire, flood, hurricane, unusually severe weather conditions) or unusual occurrence (unless solely and directly caused by the NAFI’s negligence), the Concessionaire shall release the NAFI mailto:yunhui.kim2.ln@army.mil from all liability for damages or loss. The NAFI will not be responsible to the Concessionaire for repair/restoration of the premises, lost income, sales, or lost profits, damage to Concessionaire property, employee salaries, or any consequential costs incurred, or are obligated to relocate the concession. Concessionaire should consider obtaining business insurance to cover risks to its property and concession activity. The Concessionaire will be responsible for rebuilding/repair of any damaged caused by the Concessionaire and/or Concessionaire’s employees.

c. During the contract period, the Contracting Officer may require the Concessionaire to relocate to better meet the NAFI’s needs as determined by the Contracting Officer. Concessionaire shall be given advanced notice. The NAFI will not be liable for lost income, profit and/or salaries associated with relocating.

d. Removal of Trash. The Concessionaire shall keep the concession area free of all trash.

e. Concessionaire shall keep the premises clean, orderly, secure, and sanitary. Concessionaire shall comply with the Installation fire, safety, and security regulations and applicable heath and sanitation and environmental protection regulations.

H-3 Prohibited Behavior by Concessionaire and Personnel.

a. The Concessionaire and its personnel shall not: insult, use offensive or profane language, use offensive gestures, argue in the presence of, or be discourteous to, any patrons using the Concession.

b. Use of, possession of, sale of, transfer of, or being under the influence of alcohol, narcotics, illegal drugs, or hallucinatory agents while on NAFI property is strictly prohibited.

c. Engaging in, permitting, or promoting gambling while on Garrison property is strictly prohibited.

H-4 Signage. The Concessionaire shall only post signage approved in advance by the Contracting Officer. All signs shall be in English and shall be professionally prepared and legible. The Concessionaire shall not use or post handwritten signs of any kind. The Concessionaire shall post the following signs:

a. Hours of Operation

b. Facility Sign/Company Name-Logo

c. Prices

H-5 Transfers or Assignments. The concessionaire shall neither transfer nor assign this contract or a controlling interest therein, nor grant any interest, privilege, or license whatsoever in connection with this contract, nor shall this contract be assignable or transferable by process of operation of law including, but not limited to, insolvency proceedings, bankruptcy, or intestacy or in any other manner whatever without prior written approval of the Contracting Officer. Also, the concessionaire, may not enter into any agreement with any entity or person, except employees of the concessionaire, to exercise substantial management responsibilities for the operation authorized hereunder or any part thereof without prior written approval of the Contracting Officer.

H-6 Accounting Responsibilities.

a. Cash registers will be used for each cash sales transaction and all sales shall be charged on the register in view of the customer. If a cash register is not available, pre-numbered sales slips will be used.

(1) The Concessionaire will keep a complete and accurate account of all transactions and will furnish and use cash registers or similar business machines or pre-numbered sales slips of a type approved by the Contracting Officer and/or the COR.

(2) Register readings or amount of sales slips may be reviewed at any time in order to insure that proper gross receipts are being recorded.

(3) To assure and to prevent interference with the reporting of sales through manipulation, locking of machines, or the removal of tapes and sales slips, the cash register may be checked by the Contracting Officer and/or the COR any time (unannounced).

(4) Cash register tapes or sales slips shall be retained by the Concessionaire for its monthly operation and may be requested by the NAFI as evidence of gross receipts of the concession operation, submitted to the NAFI.

H-7 Release of News Information. The concessionaire or its agents without the prior written approval of the Contracting Officer shall make no news releases including photographs and films, public announcements or statements concerning any aspect of a resultant contract without the prior approval of the Contracting Officer.

H-8 Employee Parking Privileges and Equipment Delivery. Employee parking privileges and the delivery of merchandise and equipment delivery shall be coordinated by the Concessionaire with the Contracting Officer’s Representative prior to commencement of services.

H-9 Save Harmless. The concessionaire shall save harmless the NAFI and the United States Government from any claims of third parties arising out of or from accidents or incidents involving acts or omissions of the contractor, its officers, agents, or employees, occurring as a result of performance of the terms and conditions of this contract or as a result of operation of NAFI furnished equipment, or materials, if any, or of the performance of the services under this contract.

H-10 NOTICE OF INCIDENTS: The Contractor shall promptly notify the Contracting Officer and COR of any accident or event which results in damage to the Contractor, the NAFI, and/or any NAFI-provided facility or equipment. The Contractor shall also promptly notify the Contracting Officer and COR of any accident or event which results in injury or death to any patron, employee, or other person. The Contractor shall cooperate with the NAFI personnel, police, and other public officials in any investigation of such accident or event.

H-11 Pass or Passes. The contractor shall provide to the COR a request for any necessary base and/or vehicle passes.

H-12 Vehicles

a. Unless specifically stated elsewhere in the contract, the contractor shall provide all motor vehicles and any other transportation equipment required in the performance of this contract.

b. Vehicle Decal. The Contractor shall provide the Contracting Officer with a list of only those vehicles (by type and quantity) that are required in the actual performance of this contract on U.S. Government installations. Decals will only be issued for the geographic area(s) of the contract's performance. For example, a contractor performing only in Humphreys and Suwon (Area III) will not receive a decal for Yongsan (Area II).

c. The Contractor requiring decals for use of personal vehicles on military installations will be required to provide the Contracting Officer with a written rationale substantiating why the vehicle is needed in connection with satisfactory performance of the contract. The rationale shall exclude trips to Army NAF Contracting for negotiations trips, and to Finance and Accounting Office for the processing of payment documents, and use to support such functions.

H-13 Utilities. The Concessionaire shall be furnished electric and water free of charge to the concessionaire.

H-14 Conservation Utilities. The concessionaire shall instruct employees in utilities conservation practices. The Contractor shall perform services under conditions that preclude the waste of utilities:

a. Lights. Lights shall be used only in areas where and at the time when work is actually being performed, unless continuous use is required for safety.

b. Water. Water will be furnished to the Contractor by the Government from existing water system outlets and supplies, without cost to the Contractor for the water he consumes. All water shall be carefully conserved. If the Contracting Officer decides that the Contractor's practice of using water is wasteful, he may order the Contractor to install metering devices at no additional cost to the Government. The Contractor will then compensate the Government for all amounts of water usage beyond the amounts determined by the Contracting Officer as reasonable for the completion of work required under the Contract. Before final acceptance, temporary connections and piping installed by the Contractor shall be removed in a manner satisfactory to the Contracting Officer. If, for any reason, the Government is unable to furnish all reasonable amounts of water required by the Contractor in the performance of this contract, it shall be the responsibility of the Contractor to provide an adequate supply of water at his own expense.

c. Electricity. All reasonable required amounts of electric power will be furnished to the Contractor by the Government from Government-owned or operated electrical systems and supplies without cost to the Contractor.

The Contractor shall install and maintain at his own expense any necessary supply connections and facilities but only at such locations and in such workmanlike manner as may be authorized by the Contractor Officer. All electricity shall be carefully conserved. If the Contracting Officer decides that the Contractor's practice of using electricity is wasteful, he may order the Contractor to install metering devices at no additional cost to the Government. The Contractor will then compensate the Government for all amounts of electricity usage beyond the amounts determined by the Contracting Officer as reasonable for the completion of work required under the contract. Before final acceptance, temporary connections and facilities installed by the Contractor shall be removed in workmanlike manner to the satisfaction of the Contracting Officer. If, for any reason, the Government is unable to furnish all reasonable amounts of electric power required by the Contractor in the performance of this contract it shall be the responsibility of the Contractor to provide an adequate supply of electric power at his own expense.

H-15 MARKETING/ADVERTISING:

a. The NAFI will administer the advertising and promotion of this program. This will include the local FMWR website, and the media available to the NAFI, at no cost to the Contractor. The Contractor may request additional advertising through NAFI (COR) at the Contractor’s expense base on the current annual advertising price list.

DFMWR Marketing and Advertising Branch will maintain all editorial rights. All advertising must be in compliance with regulatory and policy guidelines and display appropriate disclaimers such as, “Sponsorship or advertisement does not imply endorsement.” Army regulation prohibits the Contractor from independently distributing any posters, brochures, literature, or other written advertising of any kind on post.

b. Contractor may submit written request at least ninety days out to initiate demonstrations, workshops, special events, etc. to promote the program to the COR. The Contractor may start planning once written approval is received from the COR. The Contractor IS NOT authorized to represent him/herself as an employee of the NAFI or the Federal Government.

c. Contractor may re-post FMWR approved media ONLY on the contractors’ personal pages, all personal branding must conform to current MWR standards.

d. Contractor may engage with customers on our Humphreys MWR Fitness Facebook Group Page by posting new comments as well as responding to customer comments. Contractor will acknowledge agreement to rules and responsibilities of posting on the page prior to being given access. Posts and page access will be regularly monitored by the COR and/or designated MWR staff. Any posts out of compliance with the rules and responsibilities will be deleted and person responsible removed from the page.

H-16 Removal of Concessionaire’s Employees. The concessionaire agrees to utilize only experienced, responsible and capable people in the performance of the work. The Contracting Officer may require that the concessionaire remove employees who endanger persons, or property, or whose continued employment under this contract is inconsistent with the interest of military security.

H-17 Continuity of Quality Performance. The concessionaire agrees that in the event of any staffing change or substitution of employees, subcontractors, or consultants engaged in the performance of the contract, such individuals will have the qualifications, professional background, education, and experience equal to or better than that proposed by the concessionaire and accepted for contract award.

H-18 Supervision of Contractor Personnel.

a. The Contractor shall directly supervise its personnel assigned to work on this contract. Matters pertaining to specific work assignments and the quality of performance of its personnel are the direct responsibility of the Contractor.

b. NAFI or other NAFI personnel may on a frequent basis work in close proximity and communicate with the Contractor’s employees. However, communication of work requirements and quality standards will come through the COR to the Contractor’s management chain of supervision and management to contractor employees. While NAFI and other NAFI personnel, other than the COR may provide information to the Contractor’s employees, they are prohibited from providing work assignments, work guidance or other supervisory type communications to the employees.

c. Contractor specific work tasks shall be performed in accordance with this Scope of Work only, as supplemented and clarified by written instructions from only the Contracting Officer and/or the COR. The NAFI shall not be liable for any Contractor costs incurred due to performance of work directed by NAFI or other NAFI personnel who are not authorized to do so.

H-19 BACKGROUND CHECKS: The NAFI reserves the right to request a background check of the individuals’ providing services under this contract. Contractor may be asked to fill out the necessary documentation to grant permission. Failure to provide requested information may be grounds for termination of the agreement. The NAFI may request a Criminal History Background Check that includes both fingerprint check and a name check against a State Criminal History Repository in each state of residence should any such background check reveal information adverse to the NAFI’s mission.

H-20 INSTALLATION ACCESS AND CONTROL

a. Installation Access: Entry to the installation requires the following: Prior coordination with the COR or designated representative, current vehicle registration, proof of vehicle insurance, up-to-date vehicle inspection certification, valid driver’s license for the vehicle driver, copy of the Contractor’s current contract, and picture identification for driver. The Contractor requiring access to the installation will be required to comply with the installation access control policy/procedures.

b. Search and Control: Installations across South Korea are controlled access posts. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Contractor-owned vehicles, Contractor employees, and their personal property shall be subject to searches and seizure of contraband and/or unauthorized Government property upon entering or leaving the Installation. The search and seizure provisions of AR 190-16, Physical Security, shall apply to Contractor personnel entering any installation.

c. Pass and Identification: The Contractor shall ensure the pass and identification items (valid driver’s license, current vehicle registration, current vehicle inspection, and current insurance) required for the contract performance are obtained for contractor and non-government owned vehicles with the US Army Garrison Humphreys (USAG-H) Department of Emergency Services (DES) Visitor Center.

d. Depending on circumstances, the Contractor may be denied access to USAG-Humphreys if he or she is found to have a criminal history. If the Contractor has an active warrant out for their arrest, USAG-Humphreys Military Police will arrest Contractor on site.

H-21 REQUIRED ANTITERRORISM/OPERATIONS SECURITY REQUIREMENTS

a. AT Level I training. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil.

http://jko.jten.mil/

b. Access and general protection/security policy and procedures. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9 or NAF Clause BI.142, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

c. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

d. iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

e. For contracts that require OPSEC Training. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. OPSEC Awareness for Military Members, DoD Employees and Contractors is available at the following website: https://securityawareness.usalearning.gov/opsec/index.htm.

H-22 TAX EXEMPTION, CUSTOMS, REPUBLIC OF KOREA.

a. EXEMPTION: This clause is in implementation of Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America granting contractors exemption from Republic of Korea customs duties and other such charges. At the time this contract is awarded, the Contractor shall certify to the Contracting Officer that all materials, supplies, and equipment to be imported for the contract have been proposed to the Government exclusive of customs duties and other such charges and; further, that the contract price includes no customs duty whatsoever. It shall indicate to the Contracting Officer the total amount of customs duties excluded from the contract price. The USFK Contracting Officer will verify the amount of customs duty that would otherwise be applicable to the contract and will issue USFK Form(s) 75 to the Contractor. The contractor will submit the original USFK Form 75 to the governing ROK Customs Office at the time of import declaration. The Chief of the Customs Office will review the USFK Form 75 and will exempt the Contractor from customs duties and other such charges. During the review process the customs office will post on the Contractor's Import Permit the anticipated submission date for a completed USFK Form 76, which will be prepared by the Contracting Officer and given to the contractor immediately after contract performance. The Contractor will submit the original USFK Form 76 to the governing ROK Customs Office no later than the date posted on the Import Permit. If the USFK Form 76 is not submitted by the anticipated date, the ROK Customs Office will immediately collect the customs duties and other such charges previously exempted.

b. If for any reason the Contractor has paid customs duties on materials, supplies, or equipment prior to award of this contract and desires to use such materials, supplies, or equipment for performance of this contract, the Contractor must exclude such duties from the contract price and may obtain refund of such previously paid duties by submitting a completed USFK Form 76 to the governing ROK Customs Office.

c. Refund: Any Contractor that requires refund of customs duties and other such charges on items used for USFK contracts, can claim refund of such charges by submitting a copy of a completed USFK Form 76 to the governing ROK Customs Office https://securityawareness.usalearning.gov/opsec/index.htm

d. This entire clause is inapplicable to contracts, or any portions of contracts, funded by the Republic of Korea.

H-23TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA.

This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States, granting Contractors exemption from Republic of Korea Special Excise Taxes. At the time this contract is awarded the Contractor shall indicate to the Contracting Officer which items will be purchased for the contract that are subject to Special Excise Tax.