Attachment 03 - Clauses and Provisions_04 Mar 2026.pdf
PDF 216 KB Posted
- Attached to
- FY26 Joint Base Charleston Airshow - Fuel
- Solicitation number
- FA441826Q0025
About this file
This document is a Clauses Incorporated by Reference and Clauses in Full Text listing for Air Force federal contract opportunity FA441826Q0025. The document serves as a comprehensive clause reference guide rather than a solicitation containing specific product or service requirements, response dates, or pricing information.
The document incorporates numerous Defense Federal Acquisition Regulation Supplement (DFARS) clauses, Federal Acquisition Regulation (FAR) clauses, and Air Force-specific supplemental clauses addressing compliance requirements across multiple domains. Key incorporated clauses cover: compensation of former DoD officials, whistleblower rights, antiterrorism awareness training, prohibition on covered defense telecommunications equipment, Buy American and Balance of Payments Program requirements, prohibition on inverted domestic corporations, convict labor restrictions, equal employment opportunity, combating trafficking in persons, sustainable products, Xinjiang Uyghur Autonomous Region procurement prohibitions, and Maduro Regime business operation restrictions. Payment-related clauses address electronic funds transfer, Wide Area WorkFlow (WAWF) payment instructions, levies on contract payments, and accelerated payments to small business subcontractors. Additional clauses cover subcontracting requirements for commercial products and services, protest procedures, security prohibitions and exclusions, HUBZone small business evaluation preferences, contractor access to Air Force installations, health and safety on government installations, and an AMC Ombudsman contact provision. The document does not specify contract deliverables, performance requirements, pricing terms, set-asides, or award information, functioning instead as a regulatory framework document incorporated into the broader solicitation package.
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FA441826Q0025
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO CLAUSE TITLE YEAR-
MO SECTION
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. 2011-09 SEC I
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I
252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2022-09 SEC K
252.204-7004 Antiterrorism Awareness Training for Contractors. 2023-01 SEC I
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. 2023-01 SEC I
252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L 252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2024-02 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2022-03 SEC I
Maduro Regime.
Regime.
Uyghur Autonomous Region-Representation.
Uyghur Autonomous Region.
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements.
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Corporations. (Deviation)
Protecting the Government's Interest When Subcontracting
52.209-6 With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation)
2026-02 SEC I
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (Deviation)
52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation)
52.222-19 Child Labor-Cooperation with Authorities and Remedies.
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
Payment by Electronic Funds Transfer-System for Award
2024-05 SEC I
DOCUMENT NUMBER
Awards. (Deviation) 52.204-13 System for Award Management-Maintenance. (Deviation) 2026-02 SEC I 52.204-7 System for Award Management-Registration. (Deviation) 2026-02 SEC L
52.209-10 Prohibition on Contracting With Inverted Domestic 2026-02 SEC I
(Deviation) 52.222-3 Convict Labor. (Deviation) 2026-02 SEC I 52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation) 2026-02 SEC I 52.222-50 Combating Trafficking in Persons. (Deviation) 2026-02 SEC I 52.223-23 Sustainable Products. (Deviation) 2026-02 SEC I 52.223-5 Pollution Prevention and Right-to-Know Information. 2024-05 SEC I
252.225-7055 Representation Regarding Business Operations with the 2022-05 SEC K
252.225-7056 Prohibition Regarding Business Operations with the Maduro 2023-01 SEC I
252.225-7059 Prohibition on Certain Procurements from the Xinjiang 2023-06 SEC K
252.225-7060 Prohibition on Certain Procurements from the Xinjiang 2023-06 SEC I
252 232-7003 Electronic Submission of Payment Requests and Receiving 2018-12
SEC G
Reports.
252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.247-7023 Transportation of Supplies by Sea. 2024-10 SEC I
2026-02 SEC L
2026-02 SEC I
2017-01 SEC I
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52.232-33 Management. 2018-10 SEC I
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2023-03 SEC I
52.233-3 Protest after Award. (Deviation) 2026-02 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation) 2026-02 SEC I
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation) 2026-02 SEC K
52.240-91 Security Prohibitions and Exclusions. (Deviation) 2026-02 SEC I
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation)
252.244-7000 Subcontracts for Commercial Products or Commercial Services.
2023-11 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO CLAUSE TITLE ALT NO/
DEV NO
YEAR-
MO
CLAUSE TEXT
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation. 2021-05
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense 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."
(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission,"
"critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018
(Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications https://www.sam.gov/
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The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered
(include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services
(include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense 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)
252.225-7000 Buy American--Balance of Payments Program Certificate. 2024-02
BUY AMERICAN-BALANCE OF PAYMENTS PROGRAM CERTIFICATE-BASIC (FEB 2024)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "critical component," "critical item," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States," as used in this provision, have the meanings given in the 252.225-7001, Buy American and Balance of Payments Program-Basic clause of this solicitation.
(b) Evaluation. The Government-
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(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.
(c) Certifications and identification of country of origin.
(1) For all line items subject to the Buy American and Balance of Payments Program-Basic clause of this solicitation, the Offeror certifies that-
(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(4) of this provision contains a critical component or a critical item; and
(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. For those end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".
(2) The Offeror certifies that the following end products are qualifying country end products:
Line Item Number Country of Origin
(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".
Line Item Number
Country of Origin (If known)
Exceeds 55% Domestic Content (yes /no)
(4) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component or a critical item (see Federal Acquisition Regulation 25.105).
Domestic end products containing a critical component or a critical item:
Line Item Number
[List as necessary]
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252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01
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.
(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.
(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.
https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
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(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(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.
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(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 financing, submit a commercial 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.
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
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Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(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.
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Deviation) 2026-02
Notice of Price Evaluation preference for HUBZone Small Business Concerns (Feb 2026) (Deviation)
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(a) Evaluation preference.
(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(b) Waiver of evaluation preference. A HUBZone small business concern may choose to waive the evaluation preference. If the concern waives the preference, the factor will be added to its offer for evaluation purposes.
Offeror chooses to waive the evaluation preference.
(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.
Supplemental Clauses Incorporated by Full Text
5352.201-9101 AMC Ombudsman (Jul 2023)
(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, Mrs.
Susan Madison, AFICC OL AMC, 510 POW/MIA, Scott AFB, IL 62225-5022, 618-229-0267, fax618-256-5724, email: susan.madison@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.
5352.223-9001 Health and Safety on Government Installations (Jul 2023)
(a) In performing work under this contract on a Government installation, the contractor shall:
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(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 (Jun 2024)
(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 Department of 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, and valid vehicle insurance license, current vehicle registration, and valid vehicle insurance.
(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.
(d) When work under this contract requires \escorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense and DODMAN 5200.02_AFMAN 16-1405, Air Force Personnel Security Program.
(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) The contractor shall provide an after-hours contact number or after-hours email in the Emergency Mass Notification System (EMNS) for each of their personnel, whose normal place of duty is on a DoD installation or within a DoD facility. The contractor shall comply with any additional requirements in DAFMAN 10-206 for emergency operational reporting. Foreign Nationals may participate and may remove themselves from the Emergency Mass Notification System at any time. To update information, personnel can access the globe icon on their system desktop screens and choose the "Access Self-Service" option.
(g) Failure to comply with these requirements may result in withholding of final payment.
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| CLAUSES INCORPORATED BY REFERENCE |
| CLAUSES IN FULL TEXT |
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