Fireworks for 4th of July and Friendship Festival on 19 August, 2012 at Yokota Air Base, Japan

Requesting Agency: 374th Force Support Squadron/FSCVO, Vehicle Operations (NAF) Bldg 1290, 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 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. This purchase does not involve federal tax dollars. However, your proposed price(s) or cost(s) shall include Japanese Sales Consumption Tax (Shouhi Zei) for local vendors due to 100% NAF Fund requirement. 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; quotes are being requested and a written solicitation will not be issued. *Note: This is a NAF purchase and as such is exempt from having to conform to FAR rules and regulations, per Air Force Manual 64-302 section 2.9. Submit written quotes in reference to Request for Quotation (RFQ) reference number FA5209-12-Q-1000. Due to the overseas location of this solicitation, no set-aside will be used. The NAICS code for this requirement is 713990, All Other Amusement and Recreation Industries. FSC: G003 Prospecitve Offerors are to provide a quote for the requirements outlined in the Performance-Based Work Statement (PWS)s 1 and 2 and Fireworks Plan: o Quote shall include prices for the following bid schedule: Contract Line Item Number (CLIN) 0001: Quantity: (1) Unit: (Lump Sum) - �_______________ Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials, and any other items or services necessary for Fireworks for 4th of July 2012 in accordance with the PWS 1 and Fireworks Plan. CLIN 0002: Non personal services: Contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials, and any other items or services necessary for Fireworks for 19th 4th August 2012 in accordance with the PWS 2 and Fireworks Plan. Quantity: (1) Unit: (Lump Sum) - �_______________ o Prices shall be all inclusive (i.e. all material, transportation, Japanese consumption tax for local vendors, etc.) Quote Specifics: Quotes are due to this office no later than 10:00 a.m. Japan Standard Time (JST), Thursday, 31st of May 2012. Quotes may be faxed to 042-530-3319 or if dialing from outside Japan 011-81-42-530-3319, or sent via e-mail to takashi.uechi.1.jp@us.af.mil. Email submissions are preferred. Primary point of contact: Takashi Uechi, Contract Specialist, TEL: 042-552-3014 or email: takashi.uechi.1.jp@us.af.mil Alternate point of contact: Keisuke Kiyotaka, Contract Specialist, TEL: 042-552-3014 or email: keisuke.kiyotaka.jp@us.af.mil INSTRUCTION TO OFFERORS: All quotes must include the following information: 1. Company's complete mailing and remittance address 2. Discounts for prompt payment- if any 3. Quotes must be valid for a period of no less than 60 days. 4. Quote shall include the contractors Technical Capability as follows: a) Certificate of Sales Permission for Explosives (Kayaku rui Hanabi Eigyo Kyoka shou) issued by the Government of Japan (GOJ) b) Present/Past Performance Information EVALUATION OF QUOTES: This is a competitive best value source selection in which Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and technical acceptability considered. The Government intends to make award to the lowest price of offers meeting or exceeding the technical acceptability standards. The following factors shall be used in the evaluation in the evaluation process: (i) Technical acceptability is achieved when an offeror submits a valid Certificate of Sales Permission for Explosives (Kayaku rui Hanabi Eigyo Kyoka shou) and at least one (1) current and relevant present/past performance information as a prime contractor or a performer of the most relevant contracts for US Government agencies, Government of Japan or its political subdivisions, or commercial customers. (ii) Present/Past Performance Information: Furnish the date and name of the fireworks events, information on the customer or major client, quantity and type of fireworks used and other pertinent information as set forth in this solicitation. (iii) The Government intends to award without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest. (End of provision) PWS 1 FIREWORKS FOR 4 JULY CELEBRATION YOKOTA AB, JAPAN 1. DESCRIPTION OF SERVICES: NONPERSONAL SERVICES: The contractor shall provide all management, tools, equipment, transportation, supervision and labor necessary to set off fireworks for the ceremony on 4 July 2012 in accordance with this Performance-based work statement (PWS) with commercial and local standards. 2. GENERAL INFORMATION 2.1. The Contractor must be licensed in accordance with the laws of Japan in order to provide this service and will use the best safety practices and conform to laws of Japan when moving, handling, storing and presenting the fireworks display. In addition the contractor must adhere to all directives given by the Airfield Manager, Fire Department and Wing Safety in regards to area preparation and safety guidelines. 2.2. Standard of Work, Material and Parts: 2.2.1. All work under this purchase order shall be performed in an efficient and workmanlike manner, and all materials furnished or used shall be equivalent to the best commercial materials generally used for the same or similar purposes. 2.2.2. The Contractor warrants that all employees mobilized for the work will be thoroughly qualified, familiar, and capable of providing expertise with the type of work to be performed and that such employees will not be less qualified and efficient than those employed by the Contractor to perform similar duties on any other job or project. 2.2.3. The Contractor shall perform the fireworks display in accordance with the Contractor's own standard or sequence. Under no circumstances should launched height of the projectiles exceed 200 meters nor shall projectile size exceed 6" (152mm) in diameter. Display shall be free from any hanging or floating objects that may be carried by wind currents. 2.3. Logistics Support: 2.3.1. The Base Fire Department will have fire trucks and personnel stationed at various downwind locations during the display. 2.3.2. Security Police will provide personnel for traffic and crowd control at viewing locations as well as cordon off the launching site to prevent entry by unauthorized personnel. 3. INSPECTION AND ACCEPTATNCE: The Commander, 374th Force Support Squadron, Yokota Air Base or an authorized representative is designated to inspect and accept the items of supplies and services called for herein. 4. TIME OF DELIVERY PERFORMANCE: The Contractor's performance, displaying fireworks, shall be rendered at approximately 2040 hours to 2100 hours on 04 July 2012. In the event of inclement weather, display may be postponed until the Friendship Festival (18 or 19 August 2012). 5. PLACE AND METHOD OF DELIVERY AND DISPLAY: 5.1. The items of supplies called for herein will be delivered to a location to be determined at the post award meeting that will be located within the confines of Yokota Air Base, Tokyo, Japan where display will be performed. Which gate will be used for installation entrance and the route to be taken to the launch site will be coordinated with Security Forces at the pre-performance meeting. 5.2. The fireworks display will be choreographed to music. Samples of the music selection to be used will be provided in compact disc (CD) format at the time of solicitation. 6. REFUSE AND COLLECTION: Contractor will clean up all visible exploded and unexploded firework refuse after the show. The contractor will coordinate with Mr. Joe Heinrichs (225-7189) or an alternate to be assigned at a later date, to reserve a billeting room overnight. At least one vendor representative needs to be on-site the following morning to handle unexploded ordinance (UXO) during the taxiway clean-up. 7. POSTPONEMENT/CANCELLATION 7.1. The Contracting Officer or his/her authorized representative shall give notification of postponement. The notice shall be given to the contractor at least five (5) hours prior to starting time of the display. 7.2. In the event of a cancellation of the show on 04 July 2012, the performance is to be rescheduled in conjunction with the Friendship Festival on 18 & 19 August 2012. Launching a separate display on 18 August or combined launch of all projectiles on 19 August will be determined in the event that the performance is postponed. 8. REQUIRED SUBMISSIONS: Must be submitted to contracting office at least 30 days prior to performance dates. 8.1. Report of quantities of gunpowder to be brought onto Yokota Air Base 8.2. List of all workers, and their personal information, that will be entering Yokota Air Base in the performance of this contract. 8.3. List of all vehicles and insurance information for those vehicles that will be brought on to Yokota Air Base in the performance of this contract. 8.4. Name and personal information for contractor representative that will stay at billeting overnight for UXO clean-up following the performance. ? PWS 2 FIREWORKS FOR FRIENDSHIP FESTIVAL YOKOTA AB, JAPAN 1. DESCRIPTION OF SERVICES: NONPERSONAL SERVICES: The contractor shall provide all management, tools, equipment, transportation, supervision and labor necessary to set off fireworks for the Friendship Festival to be held on 19 August 2012 in accordance with this Performance-based work statement (PWS) with commercial and local standards. 2. GENERAL INFORMATION 2.1. The Contractor must be licensed in accordance with the laws of Japan in order to provide this service and will use the best safety practices and conform to laws of Japan when moving, handling, storing and presenting the fireworks display. In addition the contractor must adhere to all directives given by the Airfield Manager, Fire Department and Wing Safety in regards to area preparation and safety guidelines. 2.2. Standard of Work, Material and Parts: 2.2.1. All work under this purchase order shall be performed in an efficient and workmanlike manner, and all materials furnished or used shall be equivalent to the best commercial materials generally used for the same or similar purposes. 2.2.2. The Contractor warrants that all employees mobilized for the work will be thoroughly qualified, familiar, and capable of providing expertise with the type of work to be performed and that such employees will not be less qualified and efficient than those employed by the Contractor to perform similar duties on any other job or project. 2.2.3. The Contractor shall perform the fireworks display in accordance with the Contractor's own standard or sequence. Under no circumstances should launched height of the projectiles exceed 200 meters nor shall projectile size exceed 6" (152mm) in diameter. Display shall be free from any hanging or floating objects that may be carried by wind currents. 2.3. Logistics Support: 2.3.1. The Base Fire Department will have fire trucks and personnel stationed at various downwind locations during the display. 2.3.2. Security Police will provide personnel for traffic and crowd control at viewing locations as well as cordon off the launching site to prevent entry by unauthorized personnel. 3. INSPECTION AND ACCEPTATNCE: The Commander, 374th Force Support Squadron, Yokota Air Base or an authorized representative is designated to inspect and accept the items of supplies and services called for herein. 4. TIME OF DELIVERY PERFORMANCE: The Contractor's performance, displaying fireworks, shall be rendered at approximately 2025 hours to 2045 hours on 19 August 2012. 5. PLACE AND METHOD OF DELIVERY AND DISPLAY: 5.1. The items of supplies called for herein will be delivered to a location to be determined at the post award meeting that will be located within the confines of Yokota Air Base, Tokyo, Japan where display will be performed. Which gate will be used for installation entrance and the route to be taken to the launch site will be coordinated with Security Forces at the pre-performance meeting. 6. REFUSE AND COLLECTION: Contractor will clean up all visible exploded and unexploded firework refuse after the show. The contractor will coordinate with Mr. Andrew Litchfield (225-9520) or an alternate to be assigned at a later date, to reserve a billeting room overnight. At least one vendor representative needs to be on-site the following morning to handle unexploded ordinance (UXO) during the taxiway clean-up. 7. POSTPONEMENT/CANCELLATION 7.1. The Contracting Officer or his/her authorized representative shall give notification of postponement. The notice shall be given to the contractor at least five (5) hours prior to starting time of the display. 7.2. In the event of a cancellation of the show, the cancellation charge will not exceed 25% of the contract amount, and the contract will be modified in writing accordingly. 8. REQUIRED SUBMISSIONS: Must be submitted to contracting office at least 30 days prior to performance dates. 8.1. Report of quantities of gunpowder to be brought onto Yokota Air Base 8.2. List of all workers, and their personal information, that will be entering Yokota Air Base in the performance of this contract. 8.3. List of all vehicles and insurance information for those vehicles that will be brought on to Yokota Air Base in the performance of this contract. 8.4. Name and personal information for contractor representative that will stay at billeting overnight for UXO clean-up following the performance. FIREWORKS PLAN DESCRIPTION SIZE MINIMUM QTY ??????? ??? ?????? 4th of July Event?(4 July 2012) ???????? 5 inch Assorted 4 go Dama 250 EA 5???????? 4?? 250 ? 6 inch Assorted 5 go Dama 250 EA 6???????? 5?? 250 ? 3 inch Starmines 2.5 go Dama 420 EA 3?????????? 2.5?? 420 ? 4 inch Starmines 3 go Dama 410 EA 4?????????? 3?? 410 ? 5 inch Starmines 4 go Dama 210 EA 5?????????? 4?? 210 ? 6 inch Starmines 5 go Dama 110 EA 6?????????? 5?? 110 ? TIME OF DELIVERY PERFORMANCE: See Para. 4., PWS 1 Friendship Festival (19 Aug 12) ??? 5 inch Assorted 4 go Dama 180 EA 5???????? 4?? 180 ? 6 inch Assorted 5 go Dama 150 EA 6???????? 5?? 150 ? 3 inch Starmines 2.5 go Dama 210 EA 3?????????? 2.5?? 210 ? 4 inch Starmines 3 go Dama 220 EA 4?????????? 3?? 220 ? 5 inch Starmines 4 go Dama 170 EA 5?????????? 4?? 170 ? 6 inch Starmines 5 go Dama 80 EA 6?????????? 5?? 80 ? TIME OF DELIVERY PERFORMANCE: See Para.4., PWS 2 PAST PERFORMANCE REFERENCE LIST FIREWORSK FOR 4th OF JULY AND FRIENDSHIP FESTIVAL ON 19 AUG 2012 AT YOKOTA AIR BASE, JAPAN 1. Name of contracting activity 2. Name and title of point of contact (POC); Contracting Officer or/and Government Inspector/commercial project manager's phone/Fax number, and e-mail address POC Name: Title: Tel: Fax: e-mail: 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 Name: Tel: 9. Government Inspector/commercial project manager and phone number Name: Tel: In accordance with Air Force Manual 64-302, 8.1. Solicitations Contracting Officers will provide identical information to all prospective offerors in the bidding process. Written solicitations may be structured as a request for quotation (RFQ) or a request for proposal (RFP). RFQs may be oral and the responses to RFQs are not binding on the offeror. An RFQ will be issued when a binding offer is needed and will bear the signature or electronic certification of an official in the company authorized to commit the firm. The offer will become a binding contract when accepted and signed by the Contracting Officer. Solicitations may be transmitted and received electronically and have the same binding effect as a written solicitation. The NAF electronic purchasing system, which is located at http://www.afnafpo.com/ will provide necessary formats to forward to prospective offerors electronically or manually. GENERAL PROVISIONS 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 Non-appropriated 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 iss...