3) Provisions and Clauses.pdf

ATTACHMENT 3

PROVISIONS AND CLAUSES

FAR provision 52.212-3, Offeror Representa�ons and Cer�fica�ons -- Commercial Items with alternate I applies to this acquisi�on. The offeror verifies by submission of their offer that the representa�on and cer�fica�ons currently posted electronically in the System for Award Management (SAM) have been entered or updated in the last 12 months and are current, accurate, complete, and applicable to this solicita�on.

The provisions and clauses listed below have been determined by the contrac�ng officer to be necessary for this acquisi�on and consistent with customary commercial prac�ces. All provisions and clauses are available at htp://www.acquisi�on.gov.

The following provisions and clauses are hereby included by full text or by reference as prescribed:

*52.203-11, Cer�fica�on and Disclosure Regarding Payments to Influence Certain Federal Transac�ons 52.203-12, Limita�on on Payments to Influence Certain Federal Transac�ons *52.204-7, System for Award Management 52.204-13, System for Award Management Maintenance *52.204-16, Commercial and Government En�ty Code Repor�ng 52.204-18, Commercial and Government En�ty Code Maintenance 52.204-23, Prohibi�on on Contrac�ng for Hardware, So�ware, and Services Developed or Provided by Kaspersky Lab and Other Covered En��es.

*52.204-24, Representa�on Regarding Certain Telecommunica�ons and Video Surveillance Services or Equipment.

52.204-25, Prohibi�on on Contrac�ng for Certain Telecommunica�ons and Video Surveillance Services or Equipment.

*52.212-1, Instruc�on to Offerors -- Commercial Items *52.212-2, Evalua�on -- Commercial Items *52.212-3, Offeror Representa�ons and Cer�fica�ons-Commercial Products and Commercial Services *52.212-3 Alt 1, Offeror Representa�ons & Cer�fica�ons -- Commercial Items 52.212-4, Contract Terms and Condi�ons -- Commercial Items *52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduc�on Goals- Representa�on 52.224-3, Privacy Training 52.232-39, Unenforceability of Unauthorized Obliga�ons 52.233-1, Disputes *52.252-1, Solicita�on Provisions Incorporated by Reference 52.252-2, Clauses Incorporated by Reference htps://www.acquisi�on.gov/ 252.203-7000, Requirements Rela�ng to Compensa�on of Former DoD Officials 252.203-7002, Requirement to Inform Employees of Whistleblower Rights *252.203-7005, Representa�on Rela�ng to Compensa�on of Former DoD Officials 252.204-7000, Disclosure of Informa�on 252.204-7003, Control of Government Personnel Work Product 252.204-7012, Safeguarding Covered Defense Informa�on and Cyber Incident Repor�ng http://www.acquisition.gov/

252.204-7015, No�ce of Authorized Disclosure of Informa�on for Li�ga�on Support *252.204-7016, Covered Defense Telecommunica�ons Equipment or Services-Representa�on *252.204-7017, Prohibi�on on the Acquisi�on of Covered Defense Telecommunica�ons Equipment or Services-Representa�on 252.204-2018, Prohibi�on on the Acquisi�on of Covered Defense Telecommunica�ons Equipment or Services *252.204-7024, No�ce on the Use of the Supplier Performance Risk System *252.225-7055, Representa�on Regarding Business Opera�ons with the Maduro Regime 252.225-7056, Prohibi�on Regarding Business Opera�ons with the Maduro Regime 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7006, Wide Area WorkFlow Payment Instruc�ons 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card.

252.232-7010, Levies on Contract Payments 252.237-7010, Prohibi�on on Interroga�on of Detainees by Contractor Personnel 252.244-7000, Subcontracts for Commercial Products or Commercial Services 252.247-7023, Transporta�on of Supplies by Sea.

Addi�onal applicable FAR clauses cited within FAR part 52.212-5:

52.203-15, Whistleblower Protec�ons under the American Recovery and Reinvestment Act of 2009 52.203-19, Prohibi�on on Requiring Certain Internal Confiden�ality Agreements or Statements 52.204-14, Service Contract Repor�ng Requirements 52.204-15, Service Contract Repor�ng Requirements for Indefinite-Delivery Contracts 52.204-23, Prohibi�on on Contrac�ng for Hardware, So�ware, and Services Developed or Provided by Kaspersky Lab Covered En��es 52.204-25, Prohibi�on on Contrac�ng for Certain Telecommunica�ons and Video Surveillance Services or Equipment 52.204-27, Prohibi�on on a ByteDance Covered Applica�on 52.209-6, Protec�ng the Governments Interest When Subcontrac�ng with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10, Prohibi�on on Contrac�ng with Inverted Domes�c Corpora�ons 52.219-7, No�ce of Par�al Small Business Set-Aside 52.222-3, Convict Labor 52.222-19, Child Labor – Coopera�on with Authori�es and Remedies 52.222-21, Prohibi�on of Segregated Facili�es 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-37, Employment Reports on Veterans 52.222-40, No�fica�on of Employee Rights Under the Na�onal Labor Rela�ons Act 52.222-41, Service Contract Labor Standards 52.222-42, Statement of Equivalent Rates for Federal Hires 52.222-50, Comba�ng Trafficking in Persons 52.222-55, Minimum Wages for Contractor Workers Under Execu�ve Order 14026 52.222-62, Paid Sick Leave Under Execu�ve Order 13706 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13, Restric�ons on Certain Foreign Purchases 52.232-10, Providing Accelerated Payments to Small Business Subcontractors 52.232-33, Payment by Electronic Funds Transfer – System for Award Management

52.232-36, Payment by Third Party 52.233-3, Protest A�er Award 52.233-4, Applicable Law for Breach of Contract Claim

* SOLICITATION ONLY

Keesler AFB Supplement to DAFFARS 5352.201-9101, Ombudsman (Jul 2023)

(a) An ombudsman has been appointed to hear and facilitate the resolu�on of concerns from offerors, poten�al offerors, and others for this acquisi�on. When requested, the ombudsman will maintain strict confiden�ality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contrac�ng officer, or source selec�on official. Further, the ombudsman does not par�cipate in the evalua�on of proposals, the source selec�on process, or the adjudica�on of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consul�ng with an ombudsman, interested par�es must first address their concerns, issues, disagreements, and/or recommenda�ons to the contrac�ng officer for resolu�on. Consul�ng an ombudsman does not alter or postpone the �melines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer ac�ons, contests of OMB Circular A-76 compe��on performance decisions).

(c) If resolu�on cannot be made by the contrac�ng officer, the interested party may contact the ombudsman, Mr. David E. Jones, Deputy Director of Contrac�ng, AFICA/KT, 2035 First Street West, JBSA Randolph, TX 78150-4304; telephone: (210) 652-1722; facsimile: (210) 652-8344; e-mail:

david.jones.3@us.af.mil. The alternate Ombudsman for AETC contrac�ng squadrons is Todd S. Joyner, Chief, Clearance & Program Support Division, AFICA/KTC, 2035 First Street West, JBSA Randolph, TX 78150-4304; telephone: (210) 652-7075; e-mail: todd.joyner.1@us.af.mil. Concerns, issues, disagreements, and recommenda�ons that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further considera�on to the Department of the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contrac�ng), 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 solicita�on, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contrac�ng officer.