Attachment 3-DAFFARS Provisions and Clauses-Fuels Air Breathing.pdf

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Fuels Air Breathing
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FA500026Q0002
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This file is an attachment containing Department of the Air Force Acquisitions Regulations (DAFFARS) clauses that are standard contract language provisions.

The document includes two primary DAFFARS clauses. The first clause, 5352.201-9101 Ombudsman (JUL 2023), establishes procedures for addressing concerns from offerors and potential offerors during Air Force acquisitions. Interested parties must first present concerns to the contracting officer for resolution. If unresolved, they may contact the appropriate Center/MAJCOM/FLDCOM/DRU ombudsman, whose contact information is to be inserted into the solicitation. Unresolved issues at the center level may be escalated to the Department of the Air Force ombudsman at SAF/AQC (phone: 571-256-2395; facsimile: 571-256-2431). The ombudsman maintains confidentiality as requested, does not participate in proposal evaluation or source selection, and has no authority to render binding decisions. The clause specifies that contacting an ombudsman does not alter timelines for protests, debriefings, or other formal processes. Technical inquiries about solicitations must be directed to the contracting officer, not the ombudsman.

The second clause, 5352.223-9001 Health and Safety on Government Installations (JUL 2023), requires contractors performing work on government installations to take all reasonable precautions to prevent accidents and preserve health and safety for both contractor and government personnel. The contracting officer may issue written orders directing compliance with Department of the Air Force Occupational Safety and Health (AFOSH) Standards or other health and safety standards, with resulting adjustments made under the Changes clause. Violations that are not promptly corrected as directed by the contracting officer constitute grounds for contract termination under the Default clause.

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Attachment 3 Department of the Air Force Acquisitions Regulations (DAFFARS)Clauses

5352.201-9101 Ombudsman

As prescribed in 5301.9103 Solicitation Provision and Contract Clause, insert the following clause:

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, [Insert names, addresses, telephone numbers, facsimile numbers, and e-mail addresses of Center/MAJCOM/FLDCOM/DRU/DAFRCO ombudsman/ombudsmen].

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/FLDCOM/DRU ombudsman level, may be brought by the interested party for further consideration to the Department of 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.

Attachment 3 Department of the Air Force Acquisitions Regulations (DAFFARS)Clauses

(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

As prescribed in DAFFARS 5323.9001, insert the following clause in solicitations and contracts:

HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUL 2023)

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

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

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

(b) The contracting officer may, by written order, direct Department of the 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.

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