Attachment 3a - Supplemental Clauses v2.pdf

5352.201-9101 Ombudsman

As prescribed in DAFFARS 5301.9103, 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.

(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)

DAFFARS 5352.223-9000 Elimina�on of Use of Class I Ozone Deple�ng Substances (ODS)

As prescribed in DAFFARS 5323.804-90, insert the following clause in solicitations and contracts:

Attachment 3a - Supplemental Clauses FA461324Q1008 https://www.acquisition.gov/daffars/subpart-5301.91-ombudsman-program#DAFFARS_5301_9103 https://www.acquisition.gov/daffars/part-5323-environment-energy-and-water-efficiency-renewable-energy-technologies-occupational-safety-and-drug-free-workplace#DAFFARS_5323_804_90

ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (JUL 2023)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Departmet of the Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Department of the Air Force definition of a Class I ODS.]

(End of clause)

5352.223-9001 Health and Safety on Government Installa�ons

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

Attachment 3a - Supplemental Clauses FA461324Q1008 http://static.e-publishing.af.mil/production/1/af_a4/publication/afi32-7086/afi32-7086.pdf https://www.acquisition.gov/daffars/part-5323-environment-energy-and-water-efficiency-renewable-energy-technologies-occupational-safety-and-drug-free-workplace#DAFFARS_5323_9001

(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.

(End of clause)

DFARS 252.225-7966 Prohibi�on Regarding Russian Fossil Fuel Business Opera�ons— Representa�on (Devia�on 2024-O0006).

Use the following provision in solicita�ons that include the clause at 252.225-7967:

PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS— REPRESENTATION

(FEB 2024)

(a) Defini�ons. The terms business opera�ons and fossil fuel company have the meanings given in the 252.225-7067 clause of this solicita�on.

(b) Representa�on. By submission of an offer, the Offeror represents it is not, or that it does not knowingly have fossil fuel business opera�ons with an en�ty or individual that is, 50 percent or more owned, individually or collec�vely, by—

(1) An authority of the government of the Russian Federa�on; or

(2) A fossil fuel company that operates in the Russian Federa�on, except if the fossil fuel company transports oil or gas—

(i) Through the Russian Federa�on for sale outside of the Russian Federa�on; and

(ii) That was extracted from a country other than the Russian Federa�on with respect to the energy sector of which the President has not imposed sanc�ons as of the date on which the contract is awarded.

(End of provision)

DFARS 252.225-7967 Prohibi�on Regarding Russian Fossil Fuel Business Opera�ons (Devia�on 2024- O0006).

As prescribed in Class Devia�on 2024-O0006, use the following clause:

Attachment 3a - Supplemental Clauses FA461324Q1008

PROHIBITION REGARDING RUSSIAN FOSSIL FUEL OPERATIONS (DEVIATION 2024- O0006) (FEB 2024)

(a) Defini�ons. As used in this clause— “Business opera�ons” means knowingly engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or opera�ng equipment, facili�es, personnel, products, services, personal property, real property, or any other known apparatus of business or commerce. The term does not include—

(1) Any shipment subject to price caps as specified in the—

(i) “Statement of the G7 and Australia on a Price Cap for Seaborne Russian-Origin Crude Oil”, issued on December 2, 2022, between member countries of that coali�on; or

(ii) “Statement of the G7 and Australia on Price Caps for Seaborne Russian-Origin Petroleum Products Berlin, Brussels, Canberra, London, Otawa, Paris, Rome, Tokyo, Washington”, issued on February 4, 2023, between such members, if such shipment complies with the applicable price caps; or

(A) Ac�ons taken for the benefit of the country of Ukraine, as determined by the Secretary; or

(B) Ac�ons taken to support the suspension or termina�on of business opera�ons for commercial ac�vi�es during the period beginning on the effec�ve date and ending on December 31, 2029, including—

(1) Any ac�on to secure or divest from facili�es, property, or equipment;

(2) The provision of products or services provided to reduce or eliminate opera�ons in territory interna�onally recognized as the Russian Federa�on or to comply with sanc�ons rela�ng to the Russian Federa�on; and;

(3) Ac�vi�es that are incident to liquida�ng, dissolving, or winding down a subsidiary or legal en�ty in Russia.

Fossil fuel company means an en�ty or individual that—

(1) Carries out oil, gas, or coal explora�on, development, or produc�on ac�vi�es;

(2) Processes or refines oil, gas, or coal; or

(3) Transports, or constructs facili�es for the transporta�on of, Russian oil, gas, or coal.

(b) Prohibi�on. In accordance with sec�on 804 of the Na�onal Defense Authoriza�on Act for Fiscal Year 2024 (Pub. L. 118-31), the Contractor is prohibited from entering into a subcontract or other contractual instrument for the procurement of products or services with any en�ty or individual that is known to be, or that is known to have fossil fuel business opera�ons with an en�ty or individual that is, not less than 50 percent owned, individually or collec�vely, by—

(1) An authority of the government of the Russian Federa�on; or

(2) A fossil fuel company that operates in the Russian Federa�on, except if the fossil fuel company transports oil or gas—

(i) Through the Russian Federa�on for sale outside of the Russian Federa�on; and

(ii) That was extracted from a country other than the Russian Federa�on with respect to the energy sector of which the President has not imposed sanc�ons as of the date on which the contract is awarded.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts and other contractual instruments, including those for the acquisi�on of commercial products or commercial services.

(End of clause)

5352.242-9000 Contractor Access to Department of the Air Force Installa�ons

As prescribed in DAFFARS 5342.490-1, insert a clause substantially the same as the following clause in solicitations and contracts:

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.

https://www.acquisition.gov/daffars/part-5342-contract-administration-and-audit-services#DAFFARS_5342_490_1

(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.

(End of clause)

5352.242-9001 Common Access Cards (CAC) for Contractor Personnel

As prescribed in DAFFARS 5342.490-2, insert a clause substantially the same as the following clause in solicitations and contracts:

COMMON ACCESS CARDS (CAC) FOR CONTRACTOR PERSONNEL (JUL 2023)

(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria:

(1) Require logical access to Department of Defense computer networks and systems in either:

(i) the unclassified environment; or

(ii) the classified environment where authorized by governing security directives.

(2) Perform work, which requires the use of a CAC for installation entry control or physical access to facilities and buildings.

(b) Contractors and their personnel shall use the following procedures to obtain CACs:

(1) Contractors shall provide a listing of personnel who require a CAC to the contracting officer. The government will provide the contractor instruction on how to complete the Contractor Verification System (CVS) application and then notify the contractor when approved.

https://www.acquisition.gov/daffars/part-5342-contract-administration-and-audit-services#DAFFARS_5342_490_2

(2) Contractor personnel shall obtain a CAC from the nearest Real Time Automated Personnel Identification Documentation System (RAPIDS) Issuing Facility (typically the local Military Personnel Flight (MPF)).

(c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy.

(d) During the performance period of the contract, the contractor shall:

(1) Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing government official;

(2) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access;

(3) Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date; and

(4) Report lost or stolen CACs in accordance with local policy/directives.

(e) Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)