Attachment 4 - Clauses and Provisions for FA558726Q0014.pdf

FA558726Q0014

CLAUSES INCORPORATED BY REFERENCE

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SECTION

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials. 2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD

Officials. 2022-09 SEC K

252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L

252.225-7055 Representation Regarding Business Operations with the

Maduro Regime.

252.225-7056 Prohibition Regarding Business Operations with the Maduro

Corporations. (Deviation)

Protecting the Government's Interest When Subcontracting

52.209-6 With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation)

2026-02 SEC I

52.212-1 Instructions to Offerors-Commercial Products and Commercial

Services. (Deviation)

52.212-4 Terms and Conditions-Commercial Products and Commercial

Services. (Deviation)

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

(Deviation) 52.222-50 Combating Trafficking in Persons. (Deviation) 2026-02 SEC I

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving.

52.232-33 Payment by Electronic Funds Transfer-System for Award

Management.

2024-05 SEC I

2018-10 SEC I

52.232-36 Payment by Third Party. (Deviation) 2026-02 SEC I

52.240-90 Security Prohibitions and Exclusions Representations and 2026-02 SEC K

Certifications. (Deviation)

DOCUMENT NUMBER

Regime.

252.229-7006 Value Added Tax Exclusion (United Kingdom) 2011-12 SEC I 252.229-7007 Verification of United States Receipt of Goods. 1997-06 SEC I 252.229-7008 Relief from Import Duty (United Kingdom). 2011-12 SEC I

Electronic Submission of Payment Requests and Receiving 252.2332-7003 Reports. 2018-12 SEC G 252.232-7008 Assignment of Claims (Overseas). 1997-06 SEC G

252.232-7009 Mandatory Payment by Governmentwide Commercial

Purchase Card. 2018-05 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.233-7001 Choice of Law (Overseas). 1997-06 SEC I

Certification and Disclosure Regarding Payments to Influence 52.203-11 Certain Federal Transactions. 2024-09 SEC K Prohibition on Contracting with Entities that Require Certain

52.203-18 Internal Confidentiality Agreements or Statements- 2017-01 SEC L Representation.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements. 2017-01 SEC I

52.204-13 System for Award Management-Maintenance. (Deviation) 2026-02 SEC I 52.204-7 System for Award Management-Registration. (Deviation) 2026-02 SEC L

52.209-10 Prohibition on Contracting With Inverted Domestic 2026-02 SEC I

2026-02 SEC L

2026-02 SEC I

2026-02 SEC I

2022-05 SEC K

2023-01 SEC I

52.240-91 Security Prohibitions and Exclusions. (Deviation) 2026-02 SEC I

52.244-6 Subcontracts for Commercial Products and Commercial

Services. (Deviation)

2026-02 SEC I

252.225-7042 Authorization to Perform. 2003-04 SEC K

52.204-19 Incorporation by Reference of Representations and

Certifications.

2014-12 SEC I

CLAUSES IN FULL TEXT

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CLAUSE TEXT

252.229-7001 Tax Relief. 2020-04

TAX RELIEF-BASIC (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: Value Added Tax (VAT) RATE (PERCENTAGE): 20%

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

52.212-2 Evaluation-Commercial Products and Commercial Services.

(Deviation)

2026-02

Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation)

(a) Evaluation factors. 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 will be used to evaluate offers:

[Insert evaluation factors in the relative order of importance. For requests for proposals, state:

Evaluation factors other than price when combined are [significantly more important than price /approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.]

(b) Options (if applicable). 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. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer 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)

52.252-2 Clauses Incorporated by Reference. 1998-02

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):

www.acquisition.gov

(End of clause)

52.252-6 Authorized Deviations in Clauses. 2020-11

Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

52.216-18 Ordering. 2020-08

Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through 31 May 2026 - 30 May 2031.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when-

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either-

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations. 1995-10

Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(b) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(c) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

Supplemental Clauses Incorporated by Full Text

5352.201-9101 USAFE 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, Mr. Alex Hight

AFICC/KU, OL-AFE, OPC 02 Box 3, AE 09094

AFICC/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail:

alex.hight@us.af.mil

Tel: Comm: (49) 6371-47-2025 DSN: (314)480-2209

Alternate: Mr. Alexander Larsen

AFICC/KU, OL-AFE, OPC 02 Box 3, AE 09094 AFICC/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail:

alexander.larsen.1@us.af.mil

Tel: Comm: (49) 6371-47-5938 DSN: (314)480-5938

(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.

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.

(End of clause)

5352.242-9000 Contractor Access to Air Force Installations (Jun 2024)

31-501, Personnel Security Program Management.

(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 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 AFI 31-101, Integrated Defense, and AFI

(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.

End of clause)

(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

5352.223-9001 Health and Safety on Government Installations (Jul 2023)