Attachment 3 - Provisions and Clauses - ATSuite Services - FA302220Q0328.pdf

Attachment 3

Provisions and Clauses

FAR Clauses Incorporated by Reference Number Title Effective Date

52.202-1 Definitions. 2013-11 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. 2007-09 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-16 Preventing Personal Conflicts of Interest. 2011-12 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. 2014-04 52.204-8 Annual Representations and Certifications. 2020-03 52.204-13 System for Award Management Maintenance. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 52.204-26 Covered Telecommunications Equipment or Services-Representation. 2019-12 52.209-7 Information Regarding Responsibility Matters. 2018-10 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02 52.211-17 Delivery of Excess Quantities. 1989-09 52.212-1 Instructions to Offers—Commercial Items 2020-03 52.212-3 Alternate I Offeror Representations and Certifications-Commercial Items. - (Alternate I) 2020-03 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.232-8 Discounts for Prompt Payment. 2002-02 52.232-11 Extras. 1984-04 52.232-17 Interest. 2014-05 52.232-23 Assignment of Claims. 2014-05 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.233-1 Disputes 2014-05 52.242-13 Bankruptcy. 1995-07 52.246-2 Inspection of Supplies-Fixed-Price. 1996-08 52.246-4 Inspection of Services-Fixed-Price. 1996-08 52.246-16 Responsibility for Supplies. 1984-04 52.246-23 Limitation of Liability. 1997-02 52.246-25 Limitation of Liability-Services. 1997-02 52.247-15 Contractor Responsibility for Loading and Unloading. 1984-04 52.247-34 F.o.b. Destination. 1991-11 52.247-48 F.o.b. Destination-Evidence of Shipment. 1999-02 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-8 Default (Fixed-Price Supply and Service). 1984-04 52.252-3 Alterations in Solicitation. 1984-04 52.252-4 Alterations in Contract. 1984-04 52.252-5 Authorized Deviations in Provisions. 1984-04 52.252-6 Authorized Deviations in Clauses. 1984-04

DFARS Clauses Incorporated by Reference Number Title Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7006 Billing Instructions. 2005-10 252.204-7007 Alternate A, Annual Representations and Certifications. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.211-7003 Item Unique Identification and Valuation. 2016-03 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7010 Levies on Contract Payments. 2006-12 252.243-7001 Pricing of Contract Modifications. 1991-12 252.247-7023 Transportation of Supplies by Sea. 2019-02

FAR Clauses Incorporated by Full Text

52.212-2 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:

Award shall be made to the offeror who provides the Lowest Price Technically Acceptable quote. An offer is considered technically acceptable if it conforms to all instructions as outlined in this solicitation.

(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.

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2020-03

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS-COMMERCIAL ITEMS (MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C.

6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

X (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A) (ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off- the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(39) (i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41) (i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

(45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

X (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

X (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S. C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(xi) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

a. 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(xii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(xiii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(xiv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements ( May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage -- Fringe Benefits 14170 – System Support Specialist $23.38

52.232-18 Availability of Funds.

As prescribed in 32.706-1(a), insert the following clause:

Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.233-2 Service of Protest.

As prescribed in 33.106 , insert the following provision:

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 Thomas R. Buena at 495 Harpe Blvd, Suite 256C, Columbus, MS 39710.

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

https://www.acquisition.gov/content/32706-1-clauses-contracting-advance-funds#i1081697 https://www.acquisition.gov/content/part-33-protests-disputes-and-appeals#i1080584 https://www.acquisition.gov/content/part-33-protests-disputes-and-appeals#i1080401

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference. 1998-02

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

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/these address(es):

https: acquisition.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference. 1998-02

As prescribed in 52.107(b), insert the following clause:

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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):

https: acquisition.gov

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

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 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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064684

(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.

__COMBO__

(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.

__COMBO__

(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.

(f) [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 || __F87700__ | | Issue By DoDAAC || __FA3022__ | | Admin DoDAAC || __FA3022__ | | Inspect By DoDAAC || _F1N1D9__ | | Service Approver (DoDAAC) || _ F1N1D9_ | | Service Acceptor (DoDAAC) || _ F1N1D9_ |

(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 activities WAWF point of contact amy.davis.18@us.af.mil__

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

AFFARS Clauses Incorporated by Full Text

5352.201-9101 Ombudsman OMBUDSMAN (Jun 2016)

(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.

5352.223-9001 Health and Safety on Government Installations

HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)

(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 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 Air Force Installations 11/1/2012

COLUMBUS AFB INSTALLATION SECURITY REQUIREMENTS AND INFORMATION

1. Contractor Access to Columbus Air Force Base Installations

(a) 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

(b) 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.

(ii) 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.

(iii) 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.

(xv) 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).

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

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

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

(xxiii) 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 driver’s 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.

c. 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.

d. 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, barmen from base, release from contract, and/or Government 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.

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

(1) Advance fingerprint biometric data is conducted at the 14 FTW Information Protection 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.

(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. Contractor 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.