2. Provisions and Clauses.pdf

FA466125Q0048 Attachment 2: FAR Provisions and Clauses

Federal Acquisition Circular March 2025 effective 17 January 2025, DFARS 17 January 2025 effective 17 January 2025, and DAFFARS AFAC 2021-0726 effective date: 16 October

2024/ last updated: October 2024.

Provisions By Reference:

FAR 52.252-1, Solicitation Provisions Incorporated by Reference:

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov (End of Provision)

52.203-11: Certification and Disclosure Regarding Payments to Influence Certain Federal Transaction

52.203-18: Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

52.204-7: System for Award Management

52.204-16: Commercial and Government Entity Code Reporting

52.204-20: Predecessor of Offeror

52.204-24: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

52.204-26: Covered Telecommunications Equipment or Services-Representation

52.209-2 : Prohibition on Contracting with Inverted Domestic Corporations-Representation

52.209-11: Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

52.212-1: Instructions to Offerors-Commercial Items.

52.212-3 : Offeror Representations and Certifications-Commercial Items (Alternate I)

52.219-1 : Small Business Program Representations (Alternate I)

52.222-22: Previous Contracts and Compliance Reports

52.222-25: Affirmative Action Compliance

52.223-22: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation

252.225-7055: Representation Regarding Business Operations with the Maduro Regime

52.225-25: Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications

252.203-7005: Representation Relating to Compensation of Former DoD Officials

252.204-7016: Covered Defense Telecommunications Equipment or Services—Representation

252.204-7017: Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services— Representation

252.215-7013: Supplies and Services Provided by Nontraditional Defense Contractors

FA466125Q0048 Attachment 1: FAR Provisions and Clauses

252.239-7009: Representation of Use of Cloud Computing

Clauses By Reference:

FAR 52.252-2, Clauses Incorporated by Reference:

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov (End of Clause)

52.202-1: Definitions

52.203-12: Limitation on Payments to Influence Certain Federal Transactions

52.204-9: Personal Identity Verification of Contractor Personnel

52.204-13: System for Award Management Maintenance litigation: Commercial and Government Entity Code Maintenance

52.204-19: Incorporation by Reference of Representations and Certifications

52.211-17: Delivery of Excess Quantities

52.212-4: Contract Terms and Conditions-Commercial Items.

52.223-5: Pollution Prevention and Right-to-Know Information

52.232-39: Unenforceability of Unauthorized Obligations

52.232-40: Providing Accelerated Payments to Small Business Subcontractors

52.237-2: Protection of Government Buildings, Equipment, and Vegetation

52.237-3: Continuity of Services

52.247-21: Contractor Liability for Personal Injury and/or Property Damage.

52.247-34: F.o.b. Destination.

252.201-7000: Contracting Officer's Representative

252.203-7000: Requirements Relating to Compensation of Former DoD Officials

252.203-7002: Requirement to Inform Employees of Whistleblower Rights

252.204-7000: Disclosure of Information: when the contractor will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public.

252.204-7003: Control of Government Personnel Work Product

252.204-7004: Antiterrorism Awareness Training for Contractors

252.204-7015: Notice of Authorized Disclosure of Information for Litigation Support

252.204-7018: Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.204-7022: Expediting Contract Closeout

252.209-7004: Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

252.223-7006: Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials

252.223-7008: Prohibition of Hexavalent Chromium

252.225-7036: Buy American and Balance of Payments Program

252.225-7002: Qualifying Country Sources as Subcontractors

252.225-7001: Buy American—Free Trade Agreements—Balance of Payments Program

252.225-7048: Export-Controlled Items

252.225-7056: Prohibition Regarding Business Operations with the Maduro Regime

252.232-7003: Electronic Submission of Payment Requests and Receiving Reports

252.232-7010: Levies on Contract Payments

252.232-7017: Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration

252.237-7010: Prohibition on Interrogation of Detainees by Contractor Personnel

252.239-7010: Cloud Computing Services

252.243-7001: Pricing of Contract Modifications

252.244-7000: Subcontracts for Commercial Items

252.246-7008: Sources of Electronic Parts

252.247-7023: Transportation of Supplies by Sea

5352.223-9000: Elimination of Use of Class I Ozone Depleting Substances (ODS)

5352.223-9001: Health and Safety on Government Installations

Clauses by Full Text:

52.204-1: Approval of Contract (Dec 1989)

This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until so approved.

(End of clause)

252.232-7006: Wide Area Work Flow Payment Instructions: para (f)(1)(A): COMBO

(End of Clause)

5352.201-9101: OMBUDSMAN (JUL 2023)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, [Insert names, addresses, telephone numbers, facsimile numbers, and e-mail addresses of Center/MAJCOM/FLDCOM/DRU/DAFRCO ombudsman/ombudsmen]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/FLDCOM/DRU ombudsman level, may be brought by the interested party for further consideration to the Department of the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330- 1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

(End of clause)

5352.242-9000: CONTRACTOR ACCESS TO THE DEPARTMENT OF THE AIR FORCE INSTALLATIONS

(JUN 2024)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Department of the Air Force installation(s) cited in the contract.

Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [ insert any additional requirements to comply with local security procedures ] to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101 , Integrated Defense, and DODMAN5200.02_AFMAN 16-1405 , Air Force Personnel Security Program ] citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) The contractor shall provide an after-hours contact number or after-hours email in the Emergency Mass Notification System (EMNS) for each of their personnel, whose normal place of duty is on a DoD installation or within a DoD facility. The contractor shall comply with any additional requirements in DAFMAN 10-206 for emergency operational reporting. Foreign Nationals may participate and may remove themselves from the Emergency Mass Notification System at any time. To update information, personnel can access the globe icon on their system desktop screens and choose the “Access Self-Service” option.

(g) Failure to comply with these requirements may result in withholding of final payment. (End of Clause)