Atch 02 FAR DFARS AFFARS Prov and Clauses(Services)(1).pdf

PROVISIONS/CLAUSES: Provisions and clauses may be obtained via the internet through the following websites:

http://farsite.hill.af.mil, http://www.arnet.gov/far/, or http://safaq.hq.af.mil/contracting.

The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by full text:

(End of Provision)

ADDENDA TO 52.212-2, Evaluation -- Commercial Items (Oct 2014)

(a) The Government will issue a purchase order resulting from this solicitation to the responsible vendor whose quote conforms to this solicitation and will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotes:

1) Price

2) Technical Capability – 1. Part I – Technical:

(a) – Must confirm that the offeror has current and proper license(s) and permit(s)

(b) – Must demonstrate airplane availability for durationof migration study

(c) – Must confirm the ability to start work within seven days of award

FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

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://farsite.hill.af.mil

FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998)

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://farsite.hill.af.mil, http://www.arnet.gov/far/, or http://safaq.hq.af.mil/contracting.

(End of Clause)

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-01, Effective 12 November 2019; Defense Acquisition Circular DPN 20191001, Effective 1 October 2019; and Air Force Acquisition Circular (AFAC) 2019-1001, Effective 1 October 2019.

The following contract provisions and clauses are incorporated by reference:

The following Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS) and Air Force Federal Acquisition Regulation Supplement (AFFARS) clauses apply to this contract and are incorporated by reference:

- FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements (Jan 2017) http://farsite.hill.af.mil/ http://www.arnet.gov/far/ http://safaq.hq.af.mil/contracting http://farsite.hill.af.mil/ http://farsite.hill.af.mil/ http://www.arnet.gov/far/ http://safaq.hq.af.mil/contracting

- FAR 52.204-7, System for Award Management (Oct 2018)

- FAR 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011)

- FAR 52.204-13, System for Award Management Maintenance (Oct 2018)

- FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016)

- FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Federal Conviction under any Federal Law (Feb 2016)

- FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, Alternate I (Mar 2020)

- FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items (Mar 2020)

Under FAR 52.212-5(b)

- FAR 52.204-10, Reporting Executive Compensation and First-tier Subcontract Awards (Oct 2018)

- FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

- FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

- FAR 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020)

- FAR 52.219-14, Limitation on Subcontracting (Mar 2020)

- FAR 52.219-28, Post-Award Small Business Program Representation (Mar 2020)

- FAR 52.222-3, Convict Labor (Jun 2003)

- FAR 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020)

- FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

- FAR 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246)

- FAR 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)

- FAR 52.222-50, Combating Trafficking in Persons (Jan 2019)

- FAR 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)

- FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

- FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

- FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)

Under FAR 52.212-5(c)

- FAR 52.222-41, Service Contract Labor Standards (Aug 2018)

- FAR 52.222-42 – Statement of Equivalent Rates for Federal Hires (May 2014)

- FAR 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013)

- FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

- FAR 52.247-34, FOB—Destination (Nov 1991)

- DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011)

- DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

- DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011)

- DFARS 252.204-7003, Control of Government Personnel Work Product (Apr 1992)

- DFARS 252.204-7008, Compliance With Safeguarding Covered Defense Information Controls (Oct 2016)

- DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016)

- DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (May 2016)

- DFARS 252.211-7003, Item Unique Identification and Valuation (Mar 2016)

- DFARS 252.223-7008, Prohibition of Hexavalent Chromium (Jun 2013)

- DFARS 252.225-7002, Qualifying Country Sources as Subcontractors (Dec 2017)

- DFARS 252.225-7012, Preference for Certain Domestic Commodities (Dec 2017)

- DFARS 252.225-7021, Trade Agreements (Sep 2019)

- DFARS 252.225-7048, Export Controlled Items (Jun 2013)

- DFARS 252.232-7003, Electronic Submission of Payment Requests (Dec 2018)

- DFARS 252.232-7010, Levies on Contract Payments (Dec 2006)

- DFARS 252.243-7001, Pricing of Contract Modifications (Dec 1991)

- DFARS 252.244-7000, Subcontracts for Commercial Items (Jun 2013)

- DFARS 252.246-7008, Sources of Electronic Parts (May 2018)

- DFARS 252.247-7023, Transportation of Supplies by Sea—Basic (Feb 2019)

- AFFARS 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (Oct 2019)

The following FAR clauses apply to this solicitation and are incorporated in full text:

52.252-2, Clauses Incorporated by Reference (Feb 1998)

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): Error! Hyperlink reference not valid.https://www.acquisition.gov.

52.252-6, Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

The following DFARS clauses apply and are incorporated in full text:

DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions (Dec 2018)

(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.

(b) 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.

(c) 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.

(d) 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/

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

http://www.acquisition.gov/

(f) 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.

COMBO

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

N/A

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

john.stewart.33@us.af.mil

(a) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Nancy Holt, Contract Specialist, 931-454-5016, nancy.holt.4@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

The following AFFARS clauses apply and are incorporated in full text:

AFFARS 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, Air Force Test Center Vice Commander, AFTC/CV, 1 South Rosamond Boulevard, Edwards AFB, CA 93524- 3784. 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.

mailto:john.stewart.33@us.af.mil