Attachment 3- Local Clauses.pdf
PDF 104 KB Posted
- Attached to
- Electric Forklift Rental Services (Guam)
- Solicitation number
- FA524026Q0032
About this file
This file contains federal contract clauses and notices applicable to Department of the Air Force contracts, specifically for work performed at Andersen Air Force Base in Guam.
The document includes four primary contractual provisions: (1) an Ombudsman clause (5352.201-9101) establishing a neutral third-party resource for offerors and potential offerors to address concerns after first attempting resolution with the contracting officer, with escalation available to the Department of the Air Force ombudsman level; (2) a Health and Safety on Government Installations clause (5352.223-9001) requiring contractors to implement safety precautions to prevent accidents and preserve health, comply with AFOSH standards as directed, with violations subject to contract termination; (3) a Contractor Access to Department of the Air Force Installations clause (5352.242-9000) requiring contractors to obtain base identification and vehicle passes for personnel, submit written access requests with employee information, maintain current emergency contact information in the Emergency Mass Notification System, and return all credentials upon contract completion, with non-compliance subject to withholding of final payment; and (4) a Notice and Acknowledgement regarding the prohibition of marijuana and related paraphernalia on federal property and Andersen Air Force Base, with violations resulting in potential fines, criminal prosecution, removal, debarment, and negative performance reviews at contractor expense. These provisions establish operational, safety, security, and compliance requirements for contractors performing work on Air Force installations.
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Text version
5352.201-9101 Ombudsman
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, AFICC/KH (Chief Enlisted Manager), 25 E Street, Suite B-100, JBPH-H, HI 96853-5427, Phone: (808) 449-8569, FAX: (808) 449-8571, e-mail: afica.kh@us.af.mil.
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.
(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)
5352.223-9001 Health and Safety on Government Installations
HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUL 2023)
(a) In performing work under this contract on a Government installation, the contractor shall:
mailto:afica.kh@us.af.mil
(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.
5352.242-9000 Contractor Access to Department of the Air Force Installations
CONTRACTOR ACCESS TO THE DEPARTMENT OF THE 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, valid vehicle insurance certificate, and a Real ID compliant identification and 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 all applicable local regulations and policies.
(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.
NOTICE AND ACKNOWLEDGEMENT OF
PROHIBITION OF USE OR POSSESSION OF MARIJUANA AND PARAPHERNALIA
ON FEDERAL PROPERTY AND ANDERSEN AIR FORCE BASE
Section 812 of the Controlled Substances Act (21 U.S.C. ($) 801) identifies Substances controlled by the Federal Government. . Marijuana (Cannabis, THC) is identified as a Schedule I, controlled substance, meaning its use or possession is prohibited and may be a criminal offense. While Guam has decriminalized the use of marijuana for Medical or limited recreation use, it is still a controlled substance under 21 USC (S) 802(6) and prohibited on Federal property and military installations, including Andersen Air Force Base. Use or possession of Marijuana (Cannabis, THC), derivative products, and paraphernalia (e.g., pipas, water pipes, e-cigarettes, etc.) on Federal property including Andersen Air Force Base may result in fines, criminal prosecution, removal, debarment from the installation, and/or revocation of installation driving privileges in accordance with DoDI 5200.08.
Any delays or interruptions to contract performance caused by the Contractor employee's drug use or possession will be at the expense of the Contractor. No adjustments or claims shall be authorized under FAR 52.242-17. Additionally, the Contractor may be liable for costs related to processing, removing, and debarring violators from the installation. Violations may also result in negative contract performance reviews, as determined appropriate by the contracting officer and their representatives.
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