Attachemnt 2 - Provisions and Clauses.pdf

FA302222Q0311

Attachment 2: PROVISIONS & CLAUSES

Page 1 of 15 INCORPORATED BY REFERENCE (IBR)

DFARS 252.203-

Requirements Relating To Compensation of Former DoD Officials Sep 2011

DFARS 252.203-

Requirement to Inform Employees of Whistleblower Rights Sep 2013

DFARS 252.203-

Representation Relating To Compensation of Former DoD Officials Nov 2011

DFARS 252.204-

Control of Government Personnel Work Product Apr 1992

DFARS 252.204-

Disclosure of Information to Litigation Support Contracts May 2016

DFARS 252.232-

Electronic Submission of Payment Requests and Receiving Reports Dec 2018

DFARS 252.232-

Wide Area Workflow Payment Instructions Dec 2018

DFARS 252.232-

Levies on Contract Payments Dec 2006

DFARS 252.236-

Airfield Safety Precautions Dec 1991

DFARS 252.243-

Pricing Of Contract Modifications Dec 1991

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52.212-1 -- Instructions to Offerors -- Commercial Items. (DEVIATION 2018-O0018)

Instructions to Offerors -- Commercial Items (Oct 2018)

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show –

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;*

* ADDENDUM – Provide Certified Installer Documentation from Honeywell Vindicator Technologies for their Intrusion Detection Systems per Section 6. a. of the

SOW.

(End of Provision)

Evaluation -- Commercial Items (Oct 2014)

(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:

Price

Technical

(b) DELETE

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52.212-2 -- Evaluation -- Commercial Items.

(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)

252.232-7006 Wide Area WorkFlow Payment Instructions.

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 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P128_20650

INCORPORATED BY FULL TEXT (cont) 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.

(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.

FOB

(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.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA3022 Admin DoDAAC** FA3022 Inspect By DoDAAC Service Approver (DoDAAC) F1N3BF Service Acceptor (DoDAAC) F1N3BF

(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.

___________________carissa.mendez@us.af.mil______________________________

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

(End of clause)

(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.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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.

COMBO

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Attachment 2: PROVISIONS & CLAUSES

F1N3B\F

5352.201-9101 Ombudsman

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, AETC is the Deputy Director of Contracting, AFICA/KT (OL-AET), 2035 First Street West, JBSA Randolph TX 78150, telephone 210-652-7907 (DSN 487-7907); facsimile 210-652-8344 (DSN 487-8344). The alternate Ombudsman is the Chief, Clearance & Program Support Division, AFICA/KTC, 2035 First Street West, JBSA Randolph TX 78150-4304, telephone 210-652-7075 (DSN 487-7075). 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.

(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 Air Force Installations

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (OCT 2019)

1. Contractor Access to Columbus Air Force Base Installations

a. Smoking in AETC Facilities: Contractors are advised that the Commander, Air Education and Training Command (AETC), has placed restrictions on the smoking of tobacco products in AETC facilities. AFI 40-102 (30 Jun 02), Tobacco Use in the Air Force, and AFI 40-102/AETC Sup 1 (22 Aug 02), outline the procedures used to control smoking in our facilities. Contractor employees and visitors are subject to the same restrictions as government personnel. Smoking is permitted only in designated smoking areas.

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Instructions, regulations and forms can be obtained online at http://www.e-publishing.af.mil/ or by doing a general inquiry on any web-based search engine. If unable to obtain the applicable information, contact the 14th Contracting Squadron’s contract administrator.

b. Background Checks: All contractor and subcontractor personnel requiring entry on Columbus AFB (CAFB) must submit to a local background check to include criminal history checks conducted by the 14th Security Forces Squadron (14 SFS). Cooperation with the investigation is mandatory for entry to CAFB. Contractor personnel convicted of certain crimes will not be allowed to work on CAFB. Such crimes include, but are not limited to the following: espionage, sabotage, treason or terrorism; felony convictions; violent crimes against persons; sex crimes; drug crimes related to distribution or intent to distribute and firearms/explosives violations. Other grounds for exclusion from working on CAFB include, but are not limited to: inability to provide proof of U.S. citizenship or legal U.S. residency, outstanding warrants, individuals identified on Federal terrorist watch lists, and incarceration for any offense. Deviations from this guideline are permitted on a case by case basis as determined by 14 MSG/CC and/or the 14 FTW/CC.

Background checks will be considered valid for a period of twelve (12) months for contractors working on Columbus AFB without a break in service. In the event of any break in service, the contractor will have to resubmit a request for a background check

c. Base Pass/Background Check Procedures: The following procedures apply to all base-issued passes and identification cards. To reduce wait time at the Visitor Control Center (VCC), requests for base access shall be submitted five duty days prior to event, allowing 14 SFS sufficient time to conduct background checks on all employees. All passes, with the exception of the Common Access Card (CAC) will be issued at the Visitors Center; *Note* the contractor must notify the visitor’s center five duty days prior to event as to who is obtaining a CAC in order to issue the appropriate 30 day pass. To initiate a request for contractor/subcontractor employee access to Columbus AFB, the contractor shall submit the below information directly to the VCC (Bldg 99, Ph: (662) 434-7133). Background checks can only be completed on personnel who have proper documentation at the VCC. If paperwork is not on file, background checks will be completed by Visitor Center personnel upon arrival of the individual requesting base entry.

(1) A release authorization form must be accomplished by each employee requesting installation entry;

National Crime Information Center (NCIC) checks will be conducted for each employee accessing the installation.

(2) Defense Biometric Identification Data System (DBIDS) Request Letter (for template, contact your contract administrator or contracting officer).

1. A DBIDS Pass (if DBIDS is not operational, AF Form 75) will be issued to each employee. A Day Pass/Short Term Pass is for periods for 30 days or less. *Note* DBIDS Cards/passes will only be issued

IAW AFMAN 31-113.

(3) If applying for a Common Access Card (CAC), a 30 day DBIDS pass will be issued in order to complete the CAC NACI security questionnaire process (IAW AFMAN 31-113,CaCs are required if contractor will have access to computer on the CAFB network or based upon the DoD Government sponsor’s determination of the type and frequency of access required to DoD facilities). Contractors must contact the sponsoring unit’s security manager to begin NACI process. (see 2. Personnel and Information Security Requirements below for additional information).

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1. Two valid forms of ID (at least one form of US Government-issued ID and one form of photo ID)

2. For vehicle passes - a valid driver’s license, vehicle registration and proof of insurance meeting the minimum Mississippi liability coverage.

3. Fingerprinting and/or biometric data collection on each employee will be conducted at the VCC prior to a pass being issued. Failure to comply with the procedures will result in denial of access.

(5) Non-routine access requirements: Non-routine delivery drivers are drivers requiring access to the installation when necessary or called upon producing infrequent visits. This will be tracked by a database maintained by the Visitors Center. Once the delivery driver has been validated by the delivery recipient they will be required to comply with the requirements in Paragraphs b(1) and b(4) above. The Visitors Center may then issue a DBIDS Pass or an AF Form 75 that will be valid only for the length of time required for the driver to make their delivery and depart the installation. Special priority WILL NOT be given upon arrival, but may be expedited to the maximum extent possible. Time-sensitive deliveries such as asphalt and concrete must have current drivers’ license, current insurance documentation and vehicle registration paperwork on hand prior to entering the Visitor Center as to assist in expediting the process.

Proper pass issue and vehicle inspections will continue as security measures dictate. Access will not be allowed until the entire process has been completed successfully.

d. Credentials

(1) Contractors are not permitted to sponsor individuals on base. Retired DoD personnel and dependents who are employed by a contractor may not use their sponsorship privilege for the contractor or subcontractor’s benefit; contractor employees must go through the regular process to obtain a pass to work on base.

(2) Contractor personnel must have a valid base credentials on them at all times while on the installation.

After initial base credentials have been issued, the Contracting Officer’s Representative (COR) shall be responsible for sponsoring contractors and subcontractor employees on the base and ensuring they have the appropriate credentials. If a day worker or other contractor/subcontractor employee reports to the Visitors Center for a short notice pass, the COR will be contacted, and if necessary report to the Visitors Center, to validate that the employee is authorized and obtain the required access.

e. Additional Contractor Responsibilities: Contractor/subcontractor employees shall report all lost, stolen or missing base issued passes or ID cards (AF Form 75, DBIDS cards/passes or Common Access Cards) to issuing agency immediately upon discovery. All passes/ID cards will be turned in, to issuing agency, at the completion of stated contract, termination of employee, barment from base, release from contract, and/or NAFI termination of contract. Failure to follow stated procedures may prevent contractor/subcontractor from further qualifying for base access.

(1) Contractor and subcontractor personnel gaining access to the installation will conduct all work during the days and hours of Monday thru Friday, 7:30 AM to 4:30 PM, unless otherwise specified in the contract or as approved by the Contracting Officer. Contractor/subcontractor personnel will not be allowed to access other base facilities unless specified in the contract.

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Attachment 2: PROVISIONS & CLAUSES

(4) Pass Issuance. The following must be presented to the Visitors Center by each employee at the time of pass issuance.

f.

controlled, restricted or other areas designated sensitive by the installation commander, the contractor shall comply with AFI 31-101, Integrated Defense, DoD 5200.2-R and AFI 31-501, Personnel Security Program Management, requirements. Contractor or sub-contractors who require escorted or unescorted entry to controlled areas, must be added to the Entry Authority List (EAL) for that respective controlled area. Note* only contractors possessing a CAC card and approved by unit Commander are authorized unescorted access to controlled areas. EALs requiring unescorted access must be signed by the sponsoring unit’s security manager verifying individuals have a minimum of a valid NACI security investigation. EALs will be signed by the owner/using commander and authenticated by Security Forces. These documents will be routed through the Security Forces S-5 office. Contractors shall produce and maintain EALs IAW AFI 31-101 chapter 7.

(1) Restricted Area Training: The Government controlled area monitors provide initial and follow-on training to contractor personnel who work in Air Force controlled/restricted areas. Air Force restricted and controlled areas are explained in AFI 31-101. The contractor security representative will coordinate with their COR in order for the respective Government controlled area monitor to provide the training.

(2) Implementation of local Procedures: Contractors shall implement local base procedures for entry to Air Force controlled/restricted areas where contractor personnel will work. Local base procedures will be provided at the pre-performance briefing when required. Updates will be provided to the contractor as changes are made in the procedures.

(3) Operating Procedures: When specified in the contract, the contractor security representative shall develop written procedures for internal circulation control, protection of resources, and to regulate entry into Air Force controlled areas during normal, simulated and actual emergency operations. The procedures shall be written in accordance with AFI 31-101, The Physical Security Program, 14 FTW Antiterrorism Plan 10-245 and AFI 10-245, The Air Force Antiterrorism/Force Protection (AT/FP) Program Standards, and coordinated through the Security Forces S-5 office.

2. Personnel and Information Security Requirements The contractor shall coordinate with their COR for the below requirements as necessary.

a. Common Access Card (CAC) Issuance: AFFARS 5352.242-9001, Common Access Cards (CACs) for Contractor Personnel is included in the terms and conditions of this contract (Section I or clause section).

Any long term contract (defined in CAFB IDP 31-101, Columbus Air Force Base Integrated Defense Plan, Enclosure 1 to Tab A to Appendix 3 to Annex C, ID Vetting and Authorization Determinations, Para. g.(1)), meeting contractor CAC eligibility requirements IAW AFMAN 31-113, Installation Perimeter Access Control and any supplements must obtain a CAC card. Advance Fingerprints and a NACI investigation must be accomplished prior to being issued the CAC card. Note* Contractors must complete all CAC card requirements within 20 days of the contractor’s start date. In accordance with AFI 31-501, Personnel Security Management, CAC card issuance and access to Automated Information Systems (AIS) will be prohibited until the biometric fingerprint data is returned favorable (usually takes a couple of weeks) and the initial SF 85/NACI is transmitted by the Information Protection office to the Office of Personnel Management. If the biometric fingerprint data results return unfavorable, the individual must wait until the Air Force Central Adjudication Facility makes a determination on their NACI investigation before being issued a CAC card. The requesting activity’s Government Trusted Agent will verify this information through the Information Protection office at 434- 2603 before authorizing/approving CAC issuance and Government computer access via the Contractor Verification System (CVS). Once the contractor’s information is approved in the CVS, they will go to the Military Personnel Section in building 730 to obtain their CAC.

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Entry to Restricted or Controlled Areas: When work under this contract requires unescorted entry to

FA302222Q0311

(1) Advance fingerprint biometric data is conducted at the 14 FTW Information Protecion Office (Bldg 926, Rm 125) when the contractor/sub-contractor has completed their NACI security questionnaire.

(2) NACI background investigations are initiated in the Electronic Questionnaires for Investigations Processing (e-QIP) by the sponsoring agency security manager. Contractors must report to the unit security manager on their first work day to initiate the questionnaire. This questionnaire will be e-mailed to the contractor and may be accomplished from any computer with internet access. The 14 FTW/IP office reviews the questionnaire once completed by the contractor. The contractor will be contacted to report to the 14 FTW/IP office, provide a completed OF 306 Declaration of Federal Employment, and sign off on all release forms. Then the completed background investigation will be submitted to and investigated by the Office of Personnel Management.

b. Security Representative Appointment: Any contract longer than 6 months in duration and/or if personnel require access to Automated Information Systems and/or if personnel require access to work in or in close proximity to Air Force sensitive information/areas, the contractor shall designate a security representative for on-base contract performance. The security representative, working in concert with the security manager shall ensure employees receive initial and recurring training required by AFI 16-1404, Air Force Information Security Program.

c. Reporting Potential Threats: The contractor shall fully comply with AFI 71-101, Volume-1, Criminal Investigations, and Volume-2, Protective Service Matters. Contractor personnel shall immediately report any information or circumstances which they are aware may be a threat to the security of DoD personnel, contractor personnel, resources, and classified or unclassified defense information. Contractor employees shall be briefed by their company’s immediate supervisor upon initial on-base assignment and as required thereafter.

d. Reporting Suspicious Activity: Contractor/subcontractor employees working on classified, sensitive and/or high risk projects shall report any suspicious activity or suspicious contacts by personnel to the COR, the Office of Special Investigations (662)434-2852, 14th Flying Training Wing Information Protection office (14 FTW/IP) at (662) 434-2603 or the Government requesting activity’s unit security manager. The Government requesting activity’s unit security manager is also referred to herein as the security manager and will be identified in the contract.

e. Handling of Unattended Classified Information: Any person finding unattended classified information will immediately secure it in a GSA safe or maintain it on their person (do not open/read/examine) and contact 14 FTW Information Protection office and the COR. During non-duty hours, notify 14 SFS Emergency Communications Center at (662) 434-7128 and the COR.

3. Physical Security

a. Key Control

(1) Establish Procedures: The contractor shall establish and implement key control procedures in their Quality Control Plan to ensure keys issued to the contractor by the Government are properly safeguarded and not used by unauthorized personnel. The contractor shall not duplicate keys issued by the Government.

(2) Lost Keys: Lost keys shall be reported immediately to the CO. The Government replaces lost keys or performs re-keying. The contractor shall be responsible for the total cost of lost keys, re-keying or lock replacement; the cost may be deducted from the contractor’s invoice.

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Attachment 2: PROVISIONS AND CLAUSES

(3) Government Authorization: The contractor shall ensure its employees do not allow Government issued keys to be used by personnel other than current authorized contractor employees. Contra employees shall not use keys to open work areas for personnel other than contract employees engaged in performance of duties unless authorized by the Government functional area chief.

(4) Lock Combinations. The contractor shall establish procedures to ensure lock combinations are not revealed to unauthorized persons and ensure the procedures are implemented. The contractor is not authorized to record lock combinations without written approval by the Government functional area chief.

Records with written combinations to authorized secure storage containers or Secure Storage Rooms, shall be marked and safeguarded at the highest classification level as the classified material maintained inside the approved containers. The contractor shall comply with DoDM 5200.01 security requirements for changing combinations to storage containers used to maintain classified materials.

b. Alarm System Operations: Any construction contract that physically alters a building where alarm systems are present, will have the alarms tested and deemed fully operational by the security forces physical security representative before final acceptance. The contractor will work with their COR to coordinate this action. The security representative can be located in the S-5 office at 434-2595.

Contractor actions that resulted in damage to a building’s alarm system will be repaired or replaced by the contractor at no cost to the Government.

c. Building Alterations: Alterations to buildings that contain vaults, secure rooms, or open storage areas will ensure modifications are in compliance with DoDM 5200.01-V3, Information Security Program, Appendix to enclosure three. Civil Engineering and Information Protection must be notified to inspect these facilities and ensure compliance before final acceptance. Alterations to buildings that contained controlled areas will ensure modifications are in compliance with AFI 31-101, Integrated Defense. Civil Engineering and Security Forces S-5 section must be notified to inspect these facilities and ensure compliance before final inspection. The contractor will work with their COR to coordinate this action.

The contractor will be held liable for failure to comply. Additional work required will be accomplished by the contractor at no cost to the Government.

4. CAFB Traffic Regulations / Vehicle Inspections

a. All personnel working on contractor projects including: contractor employees, subcontractors, suppliers, and surveyors shall fully comply with CAFB traffic regulations (AFMAN 31-116), Columbus Supplement to AFMAN 31-116 and any updates to base traffic regulations. All employees that drive onto the installation must have a valid driver’s license, current vehicle registration and current proof of insurance. Instructions given by Security Forces personnel at base entry gates shall be complied with immediately. Security Forces use speed detection devices and citations will be issued to violators.

Personnel who park on grass or seeded areas will be cited.

b. Contractor or subcontractor personnel shall adhere to vehicle inspections when entering and exiting the base and traffic laws as outlined in the Mississippi Code, DoD regulations, Air Force Instructions, and applicable AETC Supplements to include AFI 10-245, AFI 31-101, AFMAN 31-116, CAFB Sup to AFMAN 31-116 and CAFB Sup to 31-101 (IDP).

5. OPSEC/FOUO

Freedom of Information Act Program (FOIA): The contractor shall comply with DoD Regulation 5400.7/Air Force Supplement, DoD Freedom of Information Act Program, requirements. The regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding For Official Use Only (FOUO) material.

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Operations Security (OPSEC). This instruction along with DoD 5205.02, DoD Operations Security Program, sets policy and procedures for all Air Force Personnel (military and civilian) and supporting contractors in implementing, maintaining and executing OPSEC programs. It describes the OPSEC process and discusses integration of OPSEC into Air Force plans, operations and support activities.

Although the entire instruction discusses contractors in various spots, chapter 8 specifically calls out OPSEC requirements within contracts.

6. Records Management and Administrative Support

The contractor shall ensure all records, files, documents and working papers provided by the Government and/or generated for the Government in the performance of this contract remain Government property and are maintained in accordance with established Federal Records Act, Public Law 81-754, and DoD.

Government owned records will be segregated from the company-owned records. Actions to destroy Government records can only be based on authorized records disposition schedule located at https://www.my.af.mil/afrims/afrims/afrims/rims.cfm. If there is no disposition, records will be maintained until disposition is established. All reports, records, files, documents, maintenance policies/operating instructions and working papers shall be made available as they are requested by the Government QA Personnel orCO.

7. Additional Security Requirements

In accordance with DoDM 5200.01 and AFI 16-1404, the contractor shall comply with AFMAN 33-282 - Computer Security (COMPUSEC), AFMAN 33-152-User Responsibilities and Guidance for Information Systems, AFI 33-200-Information Assurance (IA) Management, AFSSI 7700 - Emission Security (EMSEC), AFFSI 7702 and AFI 33-214 Volume 1-Emission Security Countermeasures Reviews ;

applicable AFKAGs, AFIs, and AFSSIs for Communications Security (COMSEC) and AFM 33-283 instructions.

8. Antiterrorism/Force Protection

a. In accordance with AFI 10-245, Air Force Antiterrorism (AT) Standards, AFMAN 31-113, Installation Perimeter Access Control and applicable supplements the following requirements apply to this contract:

(1) Contractor personnel may be required to participate in installation Anti-Terrorism/Force Protection exercises.

(2) Contractor personnel will comply with the implementation of higher Force Protection Conditions and will ensure that subcontractors are in compliance as well.

(3) Antiterrorism (AT) Level I training is available to all contractor personnel. The Government will provide/make available AT Level I training/information at the contractor’s request. This information can be provided through the 14 FTW contractors AT Level I awareness pamphlets/binders, through computer based training programs, or through the unit/installation Antiterrorism Officer. To request training, contact the 14th Flying Training Wing Antiterrorism Officer, 14 SFS/S5X-AT at (662) 434-1260.

b. FPCON levels:

(1) FPCON NORMAL. This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all DOD installations and facilities. What to Expect: Expect to see a routine security posture.

Operational Security (OPSEC): The contractor shall comply with Air Force Instruction 10-701, INCORPORATED BY FULL TEXT (cont)

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Attachmen 2t: PROVISIONS & CLAUSES https://www.my.af.mil/afrims/afrims/afrims/rims.cfm

(2) FPCON ALPHA. (AF Modified) This condition applies when there is an increased general threat of possible terrorist activity against personnel or facilities, the nature and extent of which are unpredictable, and circumstances do not justify full implementation of FPCON BRAVO measures. However, it may be necessary to implement certain measures from higher FPCONs measures resulting from intelligence received or as a deterrent. The measures in this FPCON must be capable of being maintained indefinitely.

What to Expect: Expect random vehicle checks and increased crime prevention efforts.

(3) FPCON BRAVO. Applies when an increased or more predictable threat of terrorist activity exists.

Sustaining BRAVO measures for a prolonged period may affect operational capability and military-civil relationships with local authorities. What to Expect: Expect to see closer inspections of vehicles and deliveries, ID checks, and a greater presence of guards.

(4) FPCON CHARLIE. Applies when an incident occurs or intelligence is received indicating that some form of terrorist action or targeting against personnel or facilities is likely. Prolonged implementation of CHARLIE measures may create hardship and affect the activities of the unit and its personnel. What to Expect: Expect rigorous efforts to inspect vehicles and facilities; you may be required to evacuate the base, or you may not be allowed On-Base without escort.

(5) FPCON DELTA. Applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is imminent.

FPCON DELTA is usually declared as a localized condition. FPCON DELTA measures are not intended to be sustained for an extended duration. What to Expect: If On-Base, follow security forces instructions; you may be directed to evacuate or seek shelter, if Off-Base, you may be denied access until the incident has been taken care of and additional security measures will delay and interrupt normal routines.

c. The contractor shall ensure areas controlled by contractor employees comply with base operations plans/instructions for Force Protection Condition (FPCON) procedures, and local search/identification requirements. The contractor shall be responsible for the above FPCON requirements in all assigned facilities. In addition, in other shared occupancy buildings, the contractor shall assist (based on occupancy) with manning the building/facility Entry Control Point (ECP). The contractor shall safeguard all Government property, including controlled forms, provided for their use. At the close of each work period, Government training equipment, ground aerospace vehicles, facilities, support equipment, and other valuable materials shall be secured.

(End of clause)

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Attachment 2: PROVISIONS & CLAUSES

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

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https:// www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

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

As prescribed in 4.2105(b), insert the following clause:

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this clause— Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

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(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

52.2-33

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

or

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of provision)

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Attachment 2: PROVISIONS & CLAUSES https://www.sam.gov

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

INCORPORATED BY FULL TEXT (cont)

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Attachment 2: PROVISIONS & CLAUSES