Addendum D- AFFARS Clauses and Provisions.pdf

5352.201-9101 OMBUDSMAN (OCT 2019)

(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:

AFICC/OL-SPC Director or Deputy Director of Contracting 250 S Peterson Blvd, Peterson AFB, CO 80914

(P) 719-554-5300, (F) 719-554-5299 Workflow e-mail: afica.ks.wf@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.

(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)

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES

(ODS) (OCT 2019)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC- 217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]

(End of clause)

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (OCT 2019)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

5352.242-9000 Contractor Access to Air Force Installations (OCT 2019)

(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 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 two acceptable forms of identification to obtain a vehicle pass to obtain a vehicle pass. The following AFMAN is specific to USAFA’s access requirements.

AFMAN 31-113_USAFASUP-O (Dated 5 Sept 2019)

6.6.4.9.6.1. Contractors must provide an acceptable form of identification. Identification cards will be validated against information provided on the original USAFA Form 13. Identification must meet the requirements outlined by the Department of Homeland Security, U.S. Citizenship and Immigration Service, I-9 Form, Employment Eligibility Verification, List of Acceptable Documents.

Other forms of identification will NOT be accepted.

(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. The following AFMAN is specific to USAFA’s access requirements.

AFMAN 31-101 Volume 3 (Dated 22 Feb 2020)

2.4. h. (16) (ADDED) (AF) Sponsoring Organizations/Individuals will ensure:

(a) (ADDED) (AF) The appropriate registration form is prepared for each applicant (T-1).

(b) (ADDED) (AF) All prospective employees, including personnel already in possession of an access credential, are identity proofed and vetted by SF during in-processing to ensure proper fitness determination prior to allowing access and issuance of employment access credentials. (T-1).

1. (ADDED) (AF) Prospective employees are escorted from the installation access control point to the appropriate office/location for the appropriate credential issuance as determined by the duration of the contract.

(c) (ADDED) (AF) A provision is included in contracts and purchase requests to ensure contractors return local access credentials to the issuing office when the contract is completed or when a contractor employee no longer requires access to the installation (e.g., quits or the contract is terminated). These provisions will include immediate notification to SF for an appropriate update in the information system of record when a contractor refuses to return issued access media. (T-1) If a local access credential is not returned, the Installation Commander may consider barment. If barment occurs, promptly notify the applicable contracting officer and civilian personnel office.

(d) (ADDED) (AF) Issued access credentials are retrieved and returned to the issuing office when the relationship that served as justification changes or is terminated.

(e) (ADDED) (AF) Information relevant to the FVS and FVS-CM on CONUS installations is provided. (T-1).

(f) (ADDED) (AF) Personnel designated authority to serve as approving officials are identified to the credential issuance office.

(17) (ADDED) (AF) All personnel must immediately report a lost or stolen access credential to the local SF and issuance office so the card can be updated as lost/stolen in ePACS.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with the following Escort Authority. Escort authority allows an individual, with an authorized form of identification that certifies he/she has been successfully identity proofed and favorably vetted, to escort visitors on the installation. Note: Escorted visitors are still subject to controlled or restricted area limitations, as appropriate. (T-1). With the exception of on-duty AFOSI (or sister-service equivalents), FBI, and USSS agents, no one is authorized to escort foreign nationals onto an installation.

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

(End of clause)

ADDENDUM TO AFFARS 5352.242-9000.

Paragraph (g) is added with the following text:

(g) In the performance of this contract, or lease agreement, all contractors, sub-contractors, non- Federal entities, or recipients, shall promptly report pertinent facts regarding mishaps involving reportable damage or injury to government personnel or government property damage coincident to work performed as part of the Statement of Work, that occurs on or off of an Air Force installation, in accordance with Air Force Instruction (AFI) 91-204. This reporting shall also include reporting of serious injury to contractor personnel. Prompt reporting is defined as the reporting of the above described damage, mishap or injury to the Contracting Officer and to the USAFA Safety Office (USAFA/SE) within one duty day of the damage, mishap or event (USAFA Supplement to AFI91-202, paragraph 2.12). Any entities performing under this contract or agreement shall cooperate in any Air Force safety investigation, in accordance with AFI91- 204, paragraph 2.13 and this cooperation will include toxicology testing. The following AFMAN is specific to USAFA’s access requirements.

AFMAN 31-113_USAFASUP-O (Dated 5 Sept 2019)

1.3.1.2. (Added-U//FOUO) IAW Federal law and DoD policy, no individual may possess marijuana on USAFA. While Colorado law may permit the use/possession of marijuana, the law governing USAFA is CSA 21 U.S.C. §844, which makes it illegal to possess marijuana on a Federal installation. There are no exceptions to this policy, nor does the passing of Colorado Amendment 64 affect this DoD policy. Any civilian personnel who attempts to bring marijuana (whether medically prescribed or otherwise) onto USAFA may be cited with a mandatory Magistrate Court appearance. Military personnel who attempt to bring marijuana onto USAFA will be apprehended IAW the Uniform Code of Military Justice.

3.7.5. (U) The 10 SFS will confiscate fraudulent identification and issue a Central Violations Bureau (CVB) Form 1805, United States District Court Violation Notice, for trespassing to all civilians who attempt to present fraudulent sources for their identity. Military personnel will be apprehended for impersonation with the intent to defraud.

3.7.6.6.1. (Added-U) A Colorado SB 13-251 or other state-issued driver’s license for an undocumented resident is not authorized for federal identification. The undocumented resident must provide their current work visa in conjunction with their state issued driver’s license for installation access.

6.1.3. (U) Installation Perimeter. Vehicle entry/access onto USAFA is strictly controlled through the installation Access Control Points (ACPs) and Entry Control Points (ECPs). These ACPs/ECPs can be adjusted depending on the Force Protection Condition (FPCON) in effect and scheduled special events which occur on the Academy grounds. The primary installation ACPs are located on South Gate Boulevard (south gate) and North Gate Boulevard (north gate).

6.3.8.1. (U) In accordance with the IDP, Large Contract/Commercial Delivery Vehicles that have three or more axles or have four rear tires on the rear axle (dually) are considered a large vehicle.

If a contract or commercial vehicle is pulling a trailer it will also be considered a large vehicle.

For further exemptions and operational procedures as they pertain to contract/commercial vehicle inspections, authorized personnel may refer to the IDP.

Note: Contractor provided registered vehicles are subject to random inspections in all FPCONs, RIEVCs, inspections directed by RAMs or as directed but are not required to process through the LVIS as a matter of routine.

6.3.9.5. (Added-U) The possession of any concealed weapon outside of what is identified in the IDP is illegal. Open carry of any privately owned weapon is strictly prohibited on USAFA.