Attachment 1 Provisions and Clauses FA466123Q0159.docx

FA466123Q0159 Attachment 1: FAR Provisions and Clauses Federal Acquisition Circular June 2023 effective 02 June 2023, DFARS 20 July 2023 effective 20 July 2023, and DAFFARS AFAC 2023-0707 effective date: 07 July 2023/ last updated: July 2023.

Provisions By Reference:

FAR 52.252-1, Solicitation Provisions Incorporated by Reference:

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://www.acquisition.gov (End of Provision) 52.203-11: Certification and Disclosure Regarding Payments to Influence Certain Federal Transaction 52.203-18: Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation 52.204-7: System for Award Management 52.204-16: Commercial and Government Entity Code Reporting 52.204-20: Predecessor of Offeror 52.204-24: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26: Covered Telecommunications Equipment or Services-Representation

52.209-11: Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.211-6 : Brand Name or Equal 52.212-1: Instructions to Offerors-Commercial Items.

52.222-22: Previous Contracts and Compliance Reports 52.222-25: Affirmative Action Compliance 52.223-22: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation 252.225-7055: Representation Regarding Business Operations with the Maduro Regime 52.225-25: Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications 52.237-1: Site Visit 252.203-7005: Representation Relating to Compensation of Former DoD Officials 252.204-7016: Covered Defense Telecommunications Equipment or Services—Representation 252.204-7017: Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation 252.215-7013: Supplies and Services Provided by Nontraditional Defense Contractors Provisions By Full Text:

52.212-2 : Evaluation-Commercial Items

(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:

Lowest price technically acceptable Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(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.

52.233-2: Service of Protest

SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from TSgt Jerime Gorse 7 CONS/PKB.

(b) The copy of any protest shall be received in the office designated above within oneday of filing a protest with the GAO.

252.215-7008: Only One Offer

ONLY ONE OFFER (DEC 2022)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to—

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010 , Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4 (c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

Clauses By Reference:

FAR 52.252-2, Clauses Incorporated by Reference:

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://www.acquisition.gov (End of Clause) 52.202-1: Definitions 52.203-3: Gratuities 52.203-12: Limitation on Payments to Influence Certain Federal Transactions 52.203-16: Preventing Personal Conflicts of Interest 52.203-17: Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights 52.204-4: Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-9: Personal Identity Verification of Contractor Personnel 52.204-13: System for Award Management Maintenance 52.204-18: Commercial and Government Entity Code Maintenance 52.204-19: Incorporation by Reference of Representations and Certifications 52.211-17: Delivery of Excess Quantities 52.212-4: Contract Terms and Conditions-Commercial Items.

52.223-5: Pollution Prevention and Right-to-Know Information 52.232-39: Unenforceability of Unauthorized Obligations 52.232-40: Providing Accelerated Payments to Small Business Subcontractors 52.242-13: Bankruptcy 52.247-21: Contractor Liability for Personal Injury and/or Property Damage.

52.247-34: F.o.b. Destination.

252.203-7000: Requirements Relating to Compensation of Former DoD Officials 252.203-7002: Requirement to Inform Employees of Whistleblower Rights 252.204-7003: Control of Government Personnel Work Product 252.204-7015: Notice of Authorized Disclosure of Information for Litigation Support 252.204-7018: Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.204-7022: Expediting Contract Closeout 252.223-7006: Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials 252.223-7008: Prohibition of Hexavalent Chromium 252.225-7001: Buy American and Balance of Payments Program 252.225-7002: Qualifying Country Sources as Subcontractors 252.225-7012: Preference for Certain Domestic Commodities 252.225-7048: Export-Controlled Items 252.225-7051: Prohibition on Acquisition of Certain Foreign Commercial Satellite Services: Commercial satellite services 252.225-7052: Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten 252.225-7056: Prohibition Regarding Business Operations with the Maduro Regime 252.232-7003: Electronic Submission of Payment Requests and Receiving Reports 252.232-7010: Levies on Contract Payments 252.232-7017: Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration 252.237-7010: Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7001: Pricing of Contract Modifications 252.243-7002: Requests for Equitable Adjustment 252.244-7000: Subcontracts for Commercial Items 252.246-7008: Sources of Electronic Parts 252.247-7023: Transportation of Supplies by Sea 5352.223-9000: Elimination of Use of Class I Ozone Depleting Substances (ODS) 5352.223-9001: Health and Safety on Government Installations

Clauses by Full Text:

52.204-1: Approval of Contract

APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of TSgt Jerime Gorse 7 CONS/PKB and shall not be binding until so approved.

52.212-5: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

See Attachment 2 252.232-7006: Wide Area WorkFlow Payment Instructions

(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):

(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.

2in1

5352.201-9101: Ombudsman

(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, for AFGSC (Air Force Global Strike Command) acquisitions please contact the Director of Contracts, Air Force Installation Contracting Center, Operating Location - Global Strike (AFICC/KG OL-GSC) via the following e-mail workflow address: ig.afica_kg.workflow@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.

5352.242-9000: Contractor Access to Air Force Installations

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUL 2023)

(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, valid vehicle insurance certificate, and [ insert any additional requirements to comply with local security procedures ] to obtain a vehicle pass.

(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 unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101 , Integrated Defense, and DODMAN5200.02_AFMAN 16-1405 , Air Force Personnel Security Program ] citing the appropriate paragraphs as applicable.

(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.