2a Provisions and Clauses.pdf

FA466124Q0174 Attachment 1: FAR Provisions and Clauses

Federal Acquisition Circular July 2024 effective 30 September 2024, DFARS 10 October 2024 effective 10 October 2024, and AFFARS AFAC 2024-0712 effective date: 12 July

2024/ last updated: July 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)

52.204-19 Incorporation by Reference of Representations and Certifications.

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

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.216-25 Contract Definitization.

52.204-7 System for Award Management.

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

52.204-13 System for Award Management Maintenance.

52.204-16 Commercial and Government Entity Code Reporting.

52.204-17 Ownership or Control of Offeror.

52.204-18 Commercial and Government Entity Code Maintenance.

52.204-20 Predecessor of Offeror.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 52.204-22 Alternative Line Item

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

52.209-7 Information Regarding Responsibility Matters.

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

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

52.219-1 Small Business Program Representations.

52.219-28 Post-Award Small Business Program Rerepresentation.

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

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

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation.

52.229-12 Tax on Certain Foreign Procurements.

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

52.232-36 Payment by Third Party.

52.232-37 Multiple Payment Arrangements.

52.234-4 Earned Value Management System.

52.239-1 Privacy or Security Safeguards.

52.212-2 Evaluation—Commercial Products and Commercial Services.

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

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

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

Provisions By Full Text:

52.212-2: Evaluation—Commercial Products and Commercial Services

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation—Commercial Products and Commercial Services (Nov 2021)

(a) The 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 other factors considered. The following factors shall be used to evaluate offers:

Technical and past performance, when combined, are

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price 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).

(c) 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.

(End of provision)

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

52.204-13: System for Award Management Maintenance

52.204-18: Commercial and Government Entity Code Maintenance

52.204-19: Incorporation by Reference of Representations and Certifications

52.208-4: Vehicle Lease Payments : Lease Only

52.208-5: Condition of Leased Vehicles: Lease only

52.208-6: Marking of Leased Vehicles: Lease only

52.208-7: Tagging of Leased Vehicles: Lease over 60 days

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

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

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

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

252.203-7002: Requirement to Inform Employees of Whistleblower Rights

252.204-7003: Control of Government Personnel Work Product

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

252.223-7008: Prohibition of Hexavalent Chromium

252.225-7001: Buy American and Balance of Payments Program

252.225-7002: Qualifying Country Sources as Subcontractors

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

252.243-7001: 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)

Clauses by Full Text:

52.204-1: Approval of Contract

As prescribed in 4.103 , insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of GORSE W. JERIME and shall not be binding until so approved.

(End of clause)

52.212-5: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

*** Reference FAR 52.212-5 Document for instructions on how what lines/clauses to X off***: Add on separate document since clause is very lengthy.

52.217-8: Option to Extend Services: Use if contract has option periods.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days.

52.217-9: Option to Extend the Term of the Contract: Use if contract has option periods.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 Days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

(months) (years).

(End of clause)

252.232-7006: Wide Area WorkFlow Payment Instructions:

As prescribed in 232.7004 (b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(c) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(d) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(e) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

GORSE W. JERIME

(End of clause)

5352.201-9101: Ombudsman

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, for AFGSC (Air Force Global Strike Command) acquisitions please contact the Director of Contracts, Air Force Installation Contracting Center, Operating Location - Global Strike (AFICC/KG OL-GSC) via the following e-mail workflow address: ig.afica_kg.workflow@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to 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.

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

(d) 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)