Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 04, 2014 FBO #4514
SOLICITATION NOTICE

V -- Leisure Travel Services Concessionaire for Yokota Air Base, Japan - Solicitation

Notice Date

4/2/2014
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

561510 — Travel Agencies
 

Contracting Office

Department of the Air Force, Pacific Air Forces, 374 CONS - Yokota, Unit 5228, Yokota AB, APO Japan, 96328-5228
 

ZIP Code

96328-5228
 

Solicitation Number

FA5209-14-R-8000
 

Archive Date

5/20/2014
 

Point of Contact

Takashi Uechi, Phone: 81-42-552-3011, Maria R. Hartsfield, Phone: 81-42-552-3011
 

E-Mail Address

takashi.uechi.1.jp@us.af.mil, maria.hartsfield@us.af.mil
(takashi.uechi.1.jp@us.af.mil, maria.hartsfield@us.af.mil)
 

Small Business Set-Aside

N/A
 

Description

Atch 5, Reps and Certs Atch 4, PP Survey Atch, PP Reference List Atch 2, PWS for Leisure Travel dated 26 Mar 2014 Atch 1, Price Schedule Offer Due Time and Date: 10:00 AM, Japan Standard Time (JST), Monday, 5 May 2014 Registration Certificate: The Contractor must have "a Valid Registration Certificate for Travel Business" be Business issued by either the Japanese prefectural governor with jurisdiction of the travel operator's main place or Japan Tourism Agency Commissioner, the Government of Japan (GOJ). Registration Category for Travel Business must be one of the Classes 1 thru 3. Requesting Agency: 374th Force Support Squadron/FSCI, Information, Tickets, and Travel (ITT). Non-appropriated Fund Instrumentality (NAFI) Bldg 327, Yokota Air Base, Fussa-shi, Tokyo 197-0001 Japan Purchasing Agency: 374th Contracting Squadron/LGCB Bldg 620, Yokota Air Base, Fussa-shi, Tokyo 197-0001 Japan 1. This is a non-appropriated fund purchase and it does not obligate appropriated funds of the United States Government. Non-appropriated funds are generated by the military community through the sale of goods and services, and the collection of fees and charges for participation in military community programs. 2. This solicitation is issued as a Request for Proposal (RFP) IAW Air Force Manual 64-302, Non-appropriated Fund (NAF) Contracting Procedures. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. 3. Submit written quotes in reference to Request for Proposal (RFP) reference number FA5209-14-R-8000. Due to the overseas location of this solicitation, no set-aside will be used. The NAICS code for this requirement is 561510, Travel Agencies. FSC: V302 4. DESCRIPTION: See Attachment 1, Price Schedule - Leisure Travel Services for Yokota Air Base, Japan. 5. PERIOD OF PERFORMANCE: POP: Basic Period - 1 Jul 2014 (or the effective date if subsequent thereto) thru 30 Jun 2015 (or the effective date if subsequent thereto). This contract will be for a basic period of one (1) year from the effective date. Unless terminated sooner, the contract may be extended for additional one (1) year periods by mutual agreement of the parties in writing. In no event shall the contract (including all option periods) exceed five (5) years in duration. 6. OFFER DUE DATE/LOCAL TIME: Quotes are due to this office no later than 10:00 a.m. Japan Standard Time (JST), Monday, 5th of May 2014. The submission may be made by email, facsimile, postal mail (Postal Mail Address: 374th Contracting Squadron, Bldg 620, Yokota Air Base, Fussa-shi, Tokyo 197-0001) or other applicable methods. Quotes may be faxed to 042-553-7786 or if dialing from outside Japan 011-81-42-553-7786, or sent via e-mail to takashi.uechi.1.jp@us.af.mil or maria.hartsfield@us.af.mil 7. APPLICABLE TERMS, CONDITIONS, AND PROVISIONS: The following Contract Terms and Conditions and Nonappropriated Fund Instrumentality (NAFI) General Provisions apply to this acquisition: Contract Terms and Conditions: LEISURE TRAVEL CONCESSIONAIRE CONTRACT ARTICLE 1. General: This Concessionaire contract is hereby made and entered into on this ___day of, _________20___by and between the 374 CONS/LGCB, hereinafter called the NAFI, and ____________________________________, hereinafter called the Contractor. The NAFI is a nonappropriated fund instrumentality of the United States Government. No appropriated funds of the United States will become due to be paid to the Contractor by reason of this contract. The hours of operations of this concession will be the hours stated in the paragraph 1.2.3. of Performance-based Work Statement (PWS) or as specified in writing by the Contracting Officer. The premises, known as the Information, Ticket, and Travel (ITT), located at Building 327, Yujo Community Center, will hereinafter be referred to as the Facility. Contractor will pay the NAFI either a sum equal to______ percent (______ %) of gross sales and/or a predeter-mined monthly fee in the amount of (tiny_mce_marker____). Payment of fees due the NAFI must be made monthly. Payment will be made to the NAFI not later than the fifth workday of the month following the month during which the charge is made to the customer. Each receipt to a customer will indicate only the total charge for services rendered and arrangements made. Contractor will provide NAFI Sales Report depicting Gross Sales monthly with payment IAW paragraph 1.2.11. of PWS. NAFI Payment will be remitted to the following address:________________________________________________ Period of Performance. This contract will be for a basic period of one (1) year from the effective date. Unless terminated sooner, the contract may be extended for additional one (1) year periods by mutual agreement of the parties in writing. In no event shall the contract (including all option periods) exceed five (5) years in duration. The NAFI shall give the contractor a preliminary written notice of its intent to extend the contract at least sixty (60) calendar days before the expiration date. The preliminary notice does not commit the NAFI to an extension. ARTICLE 2. Services: a. Contractor will establish and provide in the Facility a concession to provide leisure travel ser¬vices (hotel, air, car rental, cruise and tour packages). Leisure Travel services include arranging accommodations, and other itineraries using buses, ships, auto¬mobiles, trains, and airplanes. b. The services provided by the Contractor will be to members of the Armed Forces and their depen¬dents and other authorized personnel in accordance with applicable regulations and international agreements. The Contractor will be responsible for identifying potential customers and ensuring that only authorized persons are serviced under the terms of this contract. ARTICLE 3. Fees and charges: a. The Contractor must provide products and services of the highest quality to all authorized customers. The Contractor will provide the NAFI with a schedule of fees and charges for services to be ren¬dered in accordance with the terms of this contract. The Contractor will adhere to such fees and charges. The schedule must be acceptable to the NAFI before this contract becomes effective. Such sched¬ule must be attached to and made a part of this contract, labeled "Schedule A," and shall only be changed upon mutual agreement between the Contractor and the Contracting Officer. b. All fees charged for services rendered by the Contractor under the terms of this contract will be paid and received at the Facility or at such other places approved by the Contracting Officer. No eligible customer seeking services at the Facility will be diverted to any other office or place of business owned, operated, or controlled by the Contractor, nor will the customer be diverted to any other tour agency that will refund to the Contractor any part of any fee collected from such customer for services ren¬dered, or in any way reimburse the Contractor for services rendered to such customer. c. The Contractor will provide each customer a receipt for all fees paid. A copy of each receipt will be retained for the NAFI if the terms of payment are based on a percentage of total sales. The contractor is responsible for retaining a copy of each sales receipt that correspond to total of aggregate monthly sales. At the end of each calendar month the Contractor will provide the NAFI with copies of all receipts given for all the fees collected during that month. Receipt forms will be pre-numbered and the Contractor will be held strictly accountable for all receipts. d. The Contractor shall make available all types of travel insurance for purchase at the option of the customer. Insurance coverage offered shall include arrangements for accident, lost or damaged luggage, cancellation, and any other types of coverage, which may be available to protect the traveler. Cancellation insurance provision should be tailored to special requirements of military family members and customers. ARTICLE 4. Operation. The Contractor will be open for business according to the daily written schedule attached to and made an integral part of this contract. This schedule will be labeled "Schedule B." Any proposed change to this schedule will be subject to written acceptance by the Contracting Officer. ARTICLE 5. Support. The Contractor will be provided with heat, light, electricity and floor space described in Appendix C of Performance-based Work Statement (PWS), Floor Plan at the Facility. The Contractor will be responsible for providing and paying for its own telephone, fax, and internet service. The Contractor, its representatives, agents, and employees will not use any telephone for which it has not provided at the Facility. Office furniture, equipment, accessories, and sup¬plies necessary for the operation to its business will be provided by the Contractor except the items listed in Section 3 of the PWS. Contractor will be responsible for paying all operating expenses not expressly undertaken by the NAFI as provided herein. ARTICLE 6. Insurance. The Contractor will procure and maintain at its own expense and from a com¬pany or companies acceptable to the NAFI the following insurance covering all phases of its business conducted in accordance with the provisions of this contract, and will furnish the NAFI with a certificate of insurance. In the event of modification, cancellation, or nonrenewable, the NAFI will be given ten (10) calendar days prior notice. a. Worker's Compensation Insurance and Employer's Liability Insurance. The Contractor's in¬surance coverage hereunder will comply with the requirements and benefits established by the laws of Japan. Contractor will provide a copy of bonding to CO. ARTICLE 7. Bonding. The Contractor will post a minimum bond in the amount of $10,000 under a bonding plan which the NAFI approved, such sum or any part thereof to be payable to the NAFI if the Contractor defaults or fails to perform any of its obligations under this contract. The contract will not become effective unless and until such bonding arrangement has been completed and executed by the Contractor. Contractor will provide a copy of bonding to CO. ARTICLE 8. Licenses, Fees, and Taxes. The Contractor agrees to obtain at the Contractor's ex¬pense all permits such as Airlines Reporting Corporation (ARC), International Air Transportation Association (IATA), Cruise Lines International Association (CLIA), give all necessary notices, pay all license fees, and comply with all municipal (city), state, or federal laws, rules, ordinances, and regulations relating to the applicable business carried on under this contract; and to assume complete and sole liability for all Federal, state and local taxes ap¬plicable to the appropriate income and transactions of the Contractor. These requirements will also apply to operations in foreign countries and the Contractor expressly agrees to abide by all laws of any country in which it operates. ARTICLE 9. Damage to Facility. The Contractor will be liable for any and all damage of any nature whatsoever, except fair wear and tear, to the Facility or property contained therein, caused by the Contractor, its representatives, agents, and employees. ARTICLE 10. Nonagency Relationship. This contract is with the NAFI and not with any other part of the United States Government. It is understood and agreed that the undertaking and obligations of the Contractor are undertaken as an independent contractor and not as an agent of the NAFI or the United States. The Contractor has no power or authority to incur any debt, obligation, or liability of any kind whatso¬ever in the name of, or for the account of, the NAFI and will not use the name of the NAFI on letters, bills, signs, or by any other medium. ARTICLE 11. Inspection. The Contractor agrees that the Auditor General of the United States Air Force or any of their duly authorized representatives or any person designated by the NAFI shall have the right to inspect or audit the accounts and methods of internal control established by the Contractor; and to make such inspections or audits as may be considered necessary to ensure strict compliance by the Contractor with all provisions of this contract and with applicable Air Force regulations. Further¬more, representatives of the United States Air Force, at any time, will be permitted to inspect the facilities assigned to the Contractor to ensure that proper standards of cleanliness are being maintained and fire prevention regulations are being observed. ARTICLE 12. Applicable Air Force Directives. The Contractor agrees to comply with all Air Force directives, and with all memoranda, bulletins, and letters of instruction issued by the NAFI. ARTICLE 13. Inconsistency Between Translations. In the event of inconsistency between any terms of this contract and any translation thereof into another language, the English language meaning controls. ARTICLE 14. Removal of Property. On expiration of the terms fixed in this contract or on prior revocation or termination as herein provided, the Contractor must immediately remove all of their property from the premises. On failure to do so, the NAFI may cause such property to be removed at the expense of the Contractor. ARTICLE 15. Removal of Employees. The Contractor agrees to correct the conduct of, or to remove from employment in the concession, any of their agents or employees, whose conduct, in the opinion of the NAFI, in and about the premises covered by this contract, interferes with proper service or discipline. ARTICLE 16. Prohibitions. The Contractor agrees that it will not sell or remove any property which is owned by the NAFI and is used in the operation of the concession; that it will not sublet any of the premises assigned to it; that it will not engage in or permit gambling or any gambling device on the concession premises; that it will not sell, deal in, or permit to be dealt in, on the concession premises, any form of intoxicating liquors or narcotics in any manner or form whatsoever; that it will not give or offer to any officer or employee of the NAFI any gift, privilege, special benefit, discount, or anything of a material or personal nature whereby said Contractor would receive preferential treatment. ARTICLE 17. Safeguarding of Contractor Funds on a Base. It is the Contractor's responsibility to properly safeguard funds in its possession or left in its operating Facility. NAFI GENERAL PROVISIONS (Modified as of 9 Dec 2011) l. DEFINITIONS (JAN 2005) - As used throughout this contract, the following terms and abbreviations have the meanings set forth below: a. The term "contract" means this agreement or order and any modifications hereto. b. The abbreviation "NAFI" means Nonappropriated Fund Instrumentality of the United States Government. c. The term "Contracting Officer" means the person executing or responsible for administering this contract on behalf of the NAFI, which is a party hereto, or their successor or successors. d. The term "Contractor" means the party responsible for providing supplies and/or services at a certain price or rate to the NAFI under this contract. e. The abbreviation "FAR" means Federal Acquisition Regulation. 2. DISPUTES (NOV 2005) a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive; provided that if no such appeal is filed, the decision of the Contracting Officer shall be final and conclusive. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer. b. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. Contractors shall provide the certification specified below when submitting any claim. Any person duly authorized to bind the Contractor with respect to the claim may execute the certification. "I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor." c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 3. LAW GOVERNING CONTRACTS (JAN 2005) - In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States of America. 4. LEGAL STATUS (JAN 2005) - The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States. 5. EXAMINATION OF RECORDS (JAN 2005) - This clause is applicable under contracts that are entered into by means of negotiation and where price and costing data are required to support a determination of price reasonableness. This clause does not apply to commercial items or when the Contracting Officer determines that prices agreed upon are based on adequate price competition. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment. 6. ASSIGNMENT (JAN 2005) - The Contractor or its assignee's rights to be paid amounts due as a result of performance of this contract, may be assigned. No assignment by the Contractor, assigning its rights or delegating its obligations under this contract will be effective and binding on the NAFI until the written terms of the assignment have been approved in writing by the Contracting Officer. 7. GRATUITIES (JAN 2005) a. The NAFI may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary of the Air Force or their duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employees of the Government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract. b. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or their duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee. c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 8. TERMINATION FOR CONVENIENCE (JAN 2005) - The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2. 9. CANCELLATION BY MUTUAL AGREEMENT (JAN 2005) - Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract. 10. TERMINATION FOR CAUSE (JAN 2005) a. (1) The NAFI may, subject to paragraphs (c) and (d) below, by written notice of cause to the Contractor, terminate this contract in whole or in part if the Contractor fails to- (i) Deliver the supplies or perform the service within the time specified within this contract or any Extension; (ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below);or (iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below). (2) The NAFI's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of notice from the Contracting Officer specifying the failure. b. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to the NAFI for any excess costs for those supplies or services. However the Contractor must continue the work not terminated. c. The Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) act of the NAFI in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and; (9) unusually severe weather. Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence of the Contractor. d. If this contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the NAFI as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tool dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in the clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the NAFI has an interest. e. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause. The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of outstanding liens or claims of former lien holders. f. If, after termination, it is determined that the cause by the Contractor was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the NAFI. g. The rights and remedies of the NAFI in this clause are in addition to any other rights and remedies provided by law or under this contract. 11. INSPECTION AND ACCEPTANCE (Nov 2011) - Inspection and acceptance will be at destination, unless otherwise provided in this contract. Notwithstanding the requirements for any NAFI inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the NAFI, the Contractor, shall perform or have performed the inspections and tests required to substantiate that the supplies provided under the contract conform to the drawings, specifications, and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Acceptance of the supplies or services or a written notice of rejections must be accomplished on or before the third working day following delivery of the supplies or services, unless otherwise specified in this contract. 12. VARIATION IN QUANTITY (JAN 2005) - No variation in quantity of any item called for by this contract will be accepted unless authorized by the Contracting Officer. 13. PARTIAL DELIVERIES (JAN 2005) - Partial deliveries are not permitted unless authorized by the terms of the contract or approved by the Contracting Officer. 14. PAYMENTS (JAN 2005) - Partial payments will be made when deliveries are authorized or as approved by the Contracting Officer. Payments and penalties for late payments are subject to the requirements established by the Prompt Payment Act, as amended, and as implemented for NAFI's. If the NAFI makes payment but such payment fails to include a prompt payment penalty due to the Contractor within 10 days from when the contract payment is made, penalty amounts will not be paid unless the Contractor makes a written request within forty days after the date of payment. 15. HOLD AND SAVE HARMLESS (JAN 2005) - The Contractor shall indemnify, hold and save harmless, and defend the NAFI, its outlets and customers from any liability, claimed or established for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products or services listed in this contract, except for such claims or damages caused by, or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, Contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits, claims, charges, and expenses which arise out of acts or omissions of Contractor, its agents, representatives, or employees. 16. MODIFICATIONS (JAN 2005) - No agreement or understanding to modify this contract will be binding upon the NAFI unless made in writing and signed by a Contracting Officer from the office that issued the contract or its successor. 17. TAXES (JAN 2005) a. Except as may be otherwise provided in this contract, the contract price includes all taxes, duties or other public charges in effect and applicable to this contract on the contract date, except any tax, duty, or other public charge, which by law, regulation or governmental agreement, is not applicable to expenditures made by the NAFI or on its behalf; or any tax, duty, or other public charge from which the Contractor, or any subcontractor hereunder, is exempt by law, regulation or otherwise. If any such tax, duty, or other public charge has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced. b. If for any reason, after the contract date of execution, the Contractor or subcontractor is relieved in whole or in part from the payment or the burden of any tax, duty, or other public charge included in the contract price, the contract price shall be correspondingly reduced; or if the Contractor or subcontractor is required to pay in whole or in part any tax, duty, of other public charge which was not applicable at the contract date of execution the contract price shall be correspondingly increased. 18. PROOF OF SHIPMENT (JAN 2005) - (Applicable to shipments outside the United States through the Surface Deployment and Distribution Command (SDDC) and Parcel Post shipments to overseas destinations.) a. Notwithstanding any clause of this contract to the contrary, payment will be made for items not yet received, upon receipt of an invoice accompanied by an appropriate proof of shipment. If shipment is made by insured parcel post, the contractor must furnish a copy of the Insured Mail Receipt issued by the US Postal Service. Otherwise, a stamped copy of a Certificate of Mailing issuedby the US Postal Service must be furnished. If shipment is made by a common carrier (rail, air or motor freight), the Contractor must furnish a signed copy of the shipping document on which items are receipted for by the common carrier. A signed receipt by a NAFI representative at the delivery point (CCP or POE) is also acceptable evidence of proof of shipment. b. Forwarding a proof of shipment and an invoice for payment by the Contractor shall be construed as a certification by the contractor that the items shipped conform to the specifications. c. Notwithstanding any provisions of this clause or any payment made pursuant to the terms of this clause prior to receipt of the items contracted for, the NAFI retains the right to inspect upon receipt and the right to reject nonconforming items. The liability of the Contractor with respect to items for which payments have been made will, after inspection by the NAFI or after the expiration of a reasonable time following delivery to the NAFI within which inspection may be made, whichever occurs first, be limited to (i) exceptions taken at the time of inspection, and (ii) latent defects, fraud, or such gross mistakes as amount to fraud. 19. COMMERCIAL WARRANTY (JAN 2005) - The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NAFI by any other clause of this contract. The printed terms and conditions of such warranty will be provided to the NAFI with the delivery of any supplies covered. Modified as of 9 Dec 2011 20. ADVERTISEMENTS (JAN 2005) - Contractor agrees that none of its nor its agent's advertisements, to include publications, merchandise, promotions, coupons, sweepstakes, contest, sales brochures, etc, shall state, infer or imply that the Contractor's products or services are approved, promoted, or endorsed by the NAFI. Any advertisement, including cents-off coupons, which refers to a NAFI will contain a statement that the advertisement is neither paid for, nor sponsored in whole or in part by, the particular activity. 21. DISCOUNTS FOR PROMPT PAYMENT (JAN 2005) a. Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, offerors awarded contracts may include prompt payment discounts on individual invoices. b. In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be 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. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day. 22. INVOICES (JAN 2005): 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 should include (and in order to support the payment of interest penalties, must include) the following: (i) Invoice date; (ii) Name of Contractor; (iii) Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total; (iv) Shipment number and date of shipment (Bill of Lading number and weight of shipment will be shown for shipments on Government Bills of Lading); (v) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment); (vi) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice; and (vii) Any other information or documentation required by other provisions of the contract (such as evidence of shipment). Invoices shall be prepared and submitted in duplicate (one copy shall be marked "Original") unless otherwise specified. b. For purposes of determining if interest begins to accrue under the PROMPT PAYMENT ACT (PUBLIC LAW 97-177): (i) 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. (ii) Payment shall be considered made on the date on which a check for such payment is dated. (iii) Payment terms (e.g., "Net 20") offered by the contractor will not be deemed Required payment dates. (iv) The following periods of time will not be included: (A) After receipt of improper invoice and prior to notice of any defect or impropriety, but not to exceed three days for meat and meat food products, five days for perishable agricultural commodities, and 15 days in all other cases, and (B) 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. 23. ELECTRONIC FUND TRANSFER PAYMENTS (AUG 2007) - Federal law 31 USC requires Federal payments to be made by electronic fund transfer. Any payment made on this contract will be made using the Government Purchase Card as the method of EFT (unless otherwise specified within the contract or exempted by law). 24. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS (JAN 2005) - The Contractor shall provide immediate notice to the Contracting Officer in the event of being suspended, debarred or declared ineligible by any other Federal Department or agency, or upon receipt of a notice of proposed debarment from another DOD Agency, during the performance of this contract. 25. NON WAIVER OF DEFAULTS (JAN 2005) - Any failure by the NAFI at any time, or from time to time, to enforce or require strict performance of any terms or conditions of this contract will not constitute waiver thereof and will not affect or impair such terms or conditions in any way or the NAFI's right at any time to avail itself of such remedies as it may have for any breach or breaches of such terms and conditions. LIST OF FAR CLAUSES INCORPORATED BY REFERENCE The provisions of the following clauses set forth in the Federal Acquisition Regulation (FAR) or DoD FAR Supplement are hereby incorporated into this order or contract by reference with the same force and effect as though herein set forth in full. As used in the following clauses, the term "Government" is deleted and the abbreviation "NAFI" is substituted in lieu thereof. The date of each clause shall be the current date set forth in FAR or DoD FAR Supplement on the issuance date of this order or contract. Clauses made inapplicable by the reference or by the kind of order, contract (e.g., orders or contract for services instead of supplies) or dollar amount are self-deleting. The complete text of any clause incorporated in this order or contract by reference may be obtained from the contracting officer. CLAUSE NO. REFERENCE CLAUSE TITLE 26 52.212-1(f) Late submissions, modifications, revisions, and withdrawals of offers 27 52.243-1 Changes - Fixed-Price Clauses No. 28 thru 38 do not apply. 8. SPECIFIC INSTRUCTIONS: The offers shall be prepared to consist of the following three parts: A. PART I - PRICE PROPOSAL - Submit one original. (a) Submission of proposal without any conditional changes, the offeror accedes to the contract terms and conditions as written in this solicitation with attachments. The solicitation constitutes the model contract. (b) Attachment 1, Pricing Schedule - Leisure Travel Services. Insert proposed Concession Monthly Fee to NAFI (Percentages of Gross Sales for Contract Line Item Number - CLINs x001 and the dollar amount for CLINs x002) in the Pricing Schedule. (c) Complete the necessary fill-ins and certifications in Attachment 5 (Representations, Certifications, and Other Statement). The filled attachment 5 shall be returned along with the proposal in its entirety. (d) Acknowledgment of solicitation amendments when issued. B. PART II - TECHNICAL PROPOSAL - Submit one (1) copy of the following qualifications/documentations. Valid Registration Certificate for Travel Business issued by either the Japanese prefectural governor with jurisdiction of the travel operator's main place or Japan Tourism Agency Commissioner, the Government of Japan (GOJ). Registration Category for Travel Business must be one of the Classes 1 thru 3. C. PART III - PRESENT/PAST PERFORMANCE INFORMATION: The present/past performance information shall be recent and relevant information in demonstrating the offeror's ability to successfully perform the required effort. Only references for the same or similar type contracts desired. The present/past performance information shall consist of (1) Present/Past Performance Reference List and (2) Present/Past Performance Survey. (a) Present/Past Performance Reference List: The offeror shall prepare the Present/ Past Performance Reference List in the same format as shown in Solicitation Attachment 4 and submit to 374 CONS/LGCBB, by either e-mail (takashi.uechi.1.jp@us.af.mil) or (maria.hartsfield@us.af.mil) or FAX (042-553-7786 or 011-81-42-553-7786 from the United States) or post mail (see paragraph 6 of the solicitation), not later than 23 Apr 2014). The reference list shall contain one (1) contract performed (on-going or completed) as prime contractor, subcontractor, joint ventures and/or teaming partners of the most relevant contracts (similar in scope, size and complexity) for US Government agencies, Government of Japan or its political subdivisions, or commercial customers within the last 3 years of this solicitation release date. Furnish the following information for each reference on the reference list. (1) Name of contracting activity (e.g. Government Agency/Company name) (2) Point of Contact (POC), Contracting Officer and/or Contract Administrator's phone/FAX number and e-mail address (if available) (3) Contract number and project title (4) Contract Type (e.g. Firm-Fixed Price, IDIQ, Requirements type) (5) Total contract value (6) Performance period (e.g. date/month/year through date/month/year) (7) Description of contract work performed (8) Contracting Officer's name and phone number (9) Government Inspector/commercial project manager and phone number (10) List of major subcontractors if applicable In addition, the offeror may provide information on problems encountered on the contracts identified in above and corrective actions taken to resolve these problems. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Relevant Contracts. Submit information on contract or business transaction that you consider relevant in demonstrating your ability to perform the proposed effort. Include rationale supporting your assertion of relevance. Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Relevant contracts (similar in scope, size and complexity) may include the work requirement(s) listed in Description of Services, SECTION 1 of Performance-based Work Statement (PWS), Solicitation Attachment 2. (b) Present/Past Performance Survey: The Government requires the Present/Past Performance Information of the contracts identified in Present/Past Performance Reference List from each contracting activity or commercial activities. The offeror shall send out the Present/Past Performance Survey (See Solicitation Attachment 5) to respective Point of Contact (POC) of the activity identified in Present/Past Performance Reference List. The responsibility to send out the Present/Past Performance Survey rests solely with the offeror - i.e., it shall not be delegated to any other entity. Once the Present/Past Performance Survey is completed by your POCs, the information contained therein shall be considered sensitive and shall not be releasable. Present/Past Performance Survey shall be sent directly back to 374 CONS/LGCBB from evaluating agencies/companies, not later than 23 Apr 2014 by either e-mail (takashi.uechi.1.jp@us.af.mil) or (maria.hartsfield@us.af.mil) or FAX (042-553-7786 or 011-81-42-553-7786 from the United States) or postal mail (see paragraph 6 of the solicitation). Offerors are responsible for ensuring that their reference sources receive the Present/Past Performance Survey in time to complete and return the Present/Past Performance Survey to 374th Contracting Squadron. No Present/Past Performance Survey will be accepted directly from the offeror being evaluated. The Government will evaluate the quality and extent of offeror's experience deemed relevant to the requirements of this solicitation. The Government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources, to assess experience. (c) Documents submitted in response to this solicitation must be fully responsive to and consistent with the following: (1) Requirements of the solicitation (Item Numbers) and Performance-based Work Statement (PWS), and government standards and regulations pertaining to the PWS. (2) Evaluation Factors for Award. D. General Information 1. INFORMATION REGARDING SUBMISSION OF PROPOSAL: Hand carried proposals must be deposited in the bid depository located at 374th Contracting Squadron in the reception area, Bldg 620, Yokota Air Base, Fussa-shi, Tokyo 197-0001. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror. 2. Offerors are cautioned that Yokota Air Base has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HAND CARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at the bid depository PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f) "Late submission, modifications, revisions, and withdrawals of offers." 3. U.S. HOLIDAYS: The following U.S. Holidays are observed by this base: New Year's Day: 1 January Martin Luther King's Birthday: 3rd Monday in January Presidents Day: 3rd Monday in February Memorial Day: Last Monday in May Independence Day: 4 July Labor Day: 1st Monday in September Columbus Day: 2nd Monday in October Veterans Day: 11 November Thanksgiving Day: 4th Thursday in November Christmas Day: 25 December Note: No Japanese Holidays will be observed 9. EVALUATION (a) The Government intends to award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, concession fee and other factors considered. The Government intends to make an award based on the technically acceptable proposal with the highest proposed concession fee to NAFI (percentage of gross sales for CLINs x001) with acceptable past performance. Offers for CLINs x002 will be evaluated solely for price reasonableness for inclusion into the resulting contract and offers including unreasonable amounts for this CLINs may be excluded from consideration for award. Price reasonableness is defined as a cost that in its nature and amount does not exceed that which would be incurred by a prudent person in the conduct of competitive business. The following factors shall be used to evaluate offers: (1) CONCESSION FEE (PERCENTAGE OF GROSS SALES) (2) TECHNICAL (3) PRESENT/PAST PERFORMANCE (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (c) BASIS FOR CONTRACT AWARD: This is a competitive selection in which competing offerors will be evaluated on an integrated assessment of concession fee to NAFI (percentage of gross sales), technical acceptability and present/past performance. The evaluation process shall proceed as follows: A. Price (Percentage) Evaluation. 1. Initially, all offers shall be evaluated by percentages including option percentages and ranked from highest to lowest concession fee (percentage of gross sales in order of highest percentage to lowest, CLINs x001). The percentage evaluation will be made on the basis of the total percentages of all line items including all corresponding CLINs under Options. Single award will result from this evaluation. An offeror must therefore propose on all line items including options. The pricing for CLINs x002 will not be factored into the ranking of offers, but will be evaluated for price reasonableness. 2. Options. The Government will evaluate offers for award purposes by adding the total percentages for all options to the total percentages for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). B. Technical Acceptability. Next, the Government will evaluate the technical proposal submitted by the offeror with the highest percentage who's past performance has yet to be evaluated. Based on the evaluation, the Government will assign a rating of Acceptable or Unacceptable. Technical acceptability is defined as: proof of a Valid Registration Certificate for Travel Business issued by either the Japanese prefectural governor with jurisdiction of the travel operator's main place or Japan Tourism Agency Commissioner, the Government of Japan (GOJ). Registration Category for Travel Business must be one of the Classes 1 thru 3. If the offeror's technical proposal is deemed Acceptable, the government will proceed to the past performance evaluation of this offer. If the offer is deemed Unacceptable, the Government will evaluate the next highest offeror's technical proposal. A technical proposal which fails to provide copies of "a Valid Registration Certificate for Travel Business" shall be rated as "Unacceptable" and will not be considered for award. There will be no point scores assigned, only "Acceptable" or "Unacceptable" ratings. Table 1, Technical Acceptability Ratings Rating Description Acceptable Proposal meets the requirements of the solicitation. Unacceptable Proposal does not meet the requirements of the solicitation. Note: Only those proposals determined to be technically "Acceptable," either initially or as a result of discussions, will be considered for award. C. Past Performance Evaluation. Using Present/Past Performance Surveys, the Government shall evaluate performance information on only the highest percentage, technically acceptable offeror based on (1) Attachment 4, the Past Performance Reference List provided by the offerors and (2) Attachment 4, Past Performance Surveys independently obtained by the Government. The Government will evaluate the past performance information received to determine if it is of similar scope, magnitude of effort and complexity to the work covered under this solicitation. The purpose of the past performance evaluation is to allow the Government to assess the offeror's performance risk (i.e. the Government's judgment of the probability of an offeror successfully performing the effort described in this solicitation), based on the offeror's demonstrated present and past performance on relevant contracts. The assessment processes will result in an overall past performance rating of Acceptable or Unacceptable as defined below. If an evaluated offeror's past performance is deemed Acceptable, the Government may award to this offeror without further consideration of any other offers. If the offer is deemed Unacceptable, the Government will evaluate the next highest offeror's technical proposal, that has not been evaluated. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "Acceptable." 1. Present/Past performance evaluation will be performed based on the following criteria: (a) Recent performance information includes relevant contracts performed for the Department of Defense, or Government of Japan, or US Government agencies, or commercial customers within the last three (3) years from the issuance date of the solicitation. (b) Relevant performance includes performance of efforts that is similar in scope, magnitude, and complexity than the effort described in this solicitation. The Government will use the relevancy definitions and ratings in Table 2 below when assessing for relevancy: Table 2. Past Performance Relevancy Ratings Rating Definition Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires. Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. (c) Performance Quality Assessment: The Government will consider the quality of recent and relevant efforts. For each of the recent and relevant past performance information reviewed, the performance quality of work will be assessed and assigned ratings based on the Quality Assessment Criteria evaluated under Paragraph 4 of Present/Past Performance Survey (Solicitation Attachment 4) The Past Performance Evaluation results in an assessment of the offeror's probability of meeting the solicitation requirements. Offerors must receive a past performance rating of "Acceptable" to be eligible for award. The Past Performance factor will receive one of the ratings in Table 3 below: Table 3, Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. Note: In the case of an offeror without record of relevant past performance or for whom information on past performance is not available or so sparse that meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have an unknown past performance. In the context of acceptability/unacceptability, "Unknown" shall be considered as "Acceptable." D. If the technically acceptable offeror with the highest proposed concession fee to NAFI is determined to have an "Acceptable" past performance rating and the offeror has been determined to be responsible, that offer represents the best value for the Government and the evaluation process stops at this point. Award may be made to that offeror without further consideration of any other offers. If the technically acceptable offeror with the highest proposed concession fee to NAFI is determined to have an "Unacceptable" past performance rating, the offeror will be eliminated from consideration for award. The Government will then evaluate the next highest ranked offeror's technical and past performance standards of acceptability, and the process will continue (in order by concession fee - higher percentage of gross sales) until an offeror is judged to have an Acceptable technical capability and past performance or until all offerors are evaluated. The Government shall then make an integrated assessment best value award decision. E. Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Communication conducted to resolve minor or clerical errors will not constitute discussions. F. The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest. (End of provision) Attachments: Attachment 1: Price Schedule Leisure Travel Services Attachment 2: Performance-based Work Statement (PWS), 26 Mar 2014 Attachment 3: Present/Past Performance Reference List Attachment 4: Present/Past Performance Survey Attachment 5: Representations, Certifications, and Other Statements
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/USAF/PAF/374CONS/FA5209-14-R-8000/listing.html)
 

Place of Performance

Address: Yokota Air Base, Japan, Fussa, Non-U.S., 197-0001, Japan
 

Record

SN03327774-W 20140404/140402235425-34b58726f92ffb8d7063c528b9d09153 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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