Attachment 4 - Provisions and Clauses.docx

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Attached to
Cisco 1000 Mbps Multi-Mode Rugged SFP Transceivers
Solicitation number
FA485526Q0073
Issued by

About this file

This file is an attachment listing the federal contract provisions and clauses applicable to the solicitation for Cisco 1000 Mbps Multi-Mode Rugged SFP Transceivers (FA485526Q0073) issued by Cannon Air Force Base under the Department of the Air Force Special Operations Command (AFSOC).

The document enumerates over 100 FAR and DFARS provisions and clauses that are incorporated by reference into the contract, covering compliance requirements across multiple functional areas including ethics and conduct, small business subcontracting, labor standards, trade compliance, security, environmental sustainability, payment procedures, and changes management. Key provisions relevant to this acquisition include those addressing System for Award Management (SAM) registration, small business certification requirements, Buy American compliance, service contract labor standards exemptions, security requirements, cybersecurity maturity model certification, and payment by electronic funds transfer. The attachment also includes three custom clauses specific to AFSOC acquisitions: an AFSOC Ombudsman provision establishing a neutral third party to address offeror concerns prior to formal protests, a Health and Safety on Government Installations clause requiring contractors to maintain safety standards and comply with Air Force Occupational Safety and Health directives, and a Contractor Access to Air Force Installations clause mandating base identification, security compliance, and emergency notification system registration for all contractor personnel requiring installation access. This file serves as a comprehensive incorporation of standard and customized contractual terms applicable to the award rather than a standalone contract document.

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Attachment 5 – Provisions and Clauses

PROVISIONS

Number
Title
52.203-11
Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
52.203-18
Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation
52.204-7
System for Award Management—Registration
52.204-7 with Alt I
System for Award Management—Registration, with Alternate I
52.204-90
Offeror Identification
52.207-6
Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)
52.209-12
Certification Regarding Tax Matters
52.212-4
Terms and Conditions—Commercial Products and Commercial Services
52.219-2
Equal Low Bids
52.222-18
Certification Regarding Knowledge of Child Labor for Listed End Products
52.222-48
Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment–Certification
52.222-52
Exemption from Application of the Service Contract Labor Standards for Certain Services-Certification
52.222-56
Certification Regarding Trafficking in Persons Compliance Plan
52.223-4
Recovered Material Certification
52.225-2
Buy American Certificate
52.225-4
Buy American-Free Trade Agreements-Israeli Trade Act Certificate
52.225-6
Trade Agreements-Certificate
52.225-20
Prohibition on Conducting Restricted Business Operations in Sudan-Certification
52.225-25
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications
52.226-3
Disaster or Emergency Area Representation
52.229-11
Tax on Certain Foreign Procurements—Notice and Representation
52.240-90
Security Prohibitions and Exclusions Representations and Certifications
252.203-7005
Representation Relating to Compensation of Former DoD Officials
252.204-7019
Notice of NIST SP 800-171 DoD Assessment Requirements
252.204-7024
Notice on the Use of the Supplier Performance Risk System
252.209-7021
Prohibition Relating to Conflicts of Interest in Consulting Services—Certification
252.215-7008
Only One Offer
252.215-7010
Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data
252.215-7016
Notification to Offerors—Postaward Debriefings
252.219-7000
Advancing Small Business Growth
252.225-7000
Buy American—Balance of Payments Program Certificate
252.225-7020
Trade Agreements Certificate
252.225-7031
Secondary Arab Boycott of Israel
252.225-7035
Buy American—Free Trade Agreements— Balance of Payments Program Certificate
252.225-7050
Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism
252.225-7055
Representation Regarding Business Operations with the Maduro Regime
252.225-7059
Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region— Representation

CLAUSES

Number
Title
52.203-6 with Alt I
Restrictions on Subcontractor Sales to the Government
52.203-13
Contractor Code of Business Ethics and Conduct
52.203-17
Contractor Employee Whistleblower Rights
52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
52.204-9
Personal Identity Verification of Contractor Personnel
52.204-13
System for Award Management—Maintenance
52.204-91
Contractor identification
52.209-6
Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
52.209-9
Updates of Publicly Available Information Regarding Responsibility Matters
52.209-10
Prohibition on Contracting with Inverted Domestic Corporations
52.219-4
Notice of Price Evaluation Preference for HUBZone Small Business Concerns
52.219-6
Notice of Total Small Business Set-Aside
52.219-6 with Alt I
Notice of Total Small Business Set-Aside, with Alternate I
52.219-8
Utilization of Small Business Concerns
52.219-9
Small Business Subcontracting Plan
52.219-9 with Alt I
Small Business Subcontracting Plan, with Alternate I
52.219-9 with Alt II
Small Business Subcontracting Plan, with Alternate II
52.219-9 with Alt III
Small Business Subcontracting Plan, with Alternate III
52.219-9 with Alt IV
Small Business Subcontracting Plan, with Alternate IV
52.219-14
Limitations on Subcontracting
52.219-16
Liquidated Damages—Subcontracting Plan
52.219-33
Nonmanufacturer Rule
52.222-3
Convict Labor
52.222-19
Child Labor—Cooperation with Authorities and Remedies
52.222-35
Equal Opportunity for Veterans
52.222-35 with Alt I
Equal Opportunity for Veterans, with Alternate I
52.222-36
Equal Opportunity for Workers with Disabilities
52.222-36 with Alt I
Equal Opportunity for Workers with Disabilities, with Alternate I
52.222-37
Employment Reports on Veterans
52.222-40
Notification of Employee Rights Under the National Labor Relations Act
52.222-41
Service Contract Labor Standards
52.222-42
Statement of Equivalent Rates for Federal Hires
52.222-43
Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)
52.222-44
Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
52.222-50
Combating Trafficking in Persons
52.222-50 with Alt I
Combating Trafficking in Persons, with its Alternate I
52.222-51
Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements
52.222-53
Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements
52.222-54
Employment Eligibility Verification
52.222-62
Paid Sick Leave Under Executive Order 13706
52.223-9
Estimate of Percentage of Recovered Material Content for EPA-Designated Items
52.223-9 with Alt I
Estimate of Percentage of Recovered Material Content for EPA-Designated Items, with Alternate I
52.223-11
Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
52.223-12
Maintenance
52.223-20
Aerosols
52.223-21
Foams
52.223-23
Sustainable Products and Services
52.224-3
Privacy Training
52.224-3 with Alt I
Privacy Training, with Alternate I
52.225-1
Buy American-Supplies
52.225-1 with Alt I
Buy American-Supplies, with Alternate I
52.225-3
Buy American-Free Trade Agreements-Israeli Trade Act
52.225-3 with Alt II
Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate II
52.225-3 with Alt III
Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate III
52.225-3 with Alt IV
Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate IV
52.225-5
Trade Agreements
52.225-19
Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States
52.225-26
Contractors Performing Private Security Functions Outside the United States
52.226-4
Notice of Disaster or Emergency Area Set-Aside
52.226-5
Restrictions on Subcontracting Outside Disaster or Emergency Area
52.226-8
Encouraging Contractor Policies to Ban Text Messaging While Driving
52.229-12
Tax on Certain Foreign Procurements
52.232-29
Terms for Financing of Commercial Products and Commercial Services
52.232-30
Installment Payments of Commercial Products and Commercial Services
52.232-33
Payment by Electronic Funds Transfer—System for Award Management
52.232-34
Payment by Electronic Funds Transfer—Other than System for Award Management
52.232-36
Payment by Third Party
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
52.232-9X
Fast Payment Procedure
52.233-3
Protest After Award
52.233-4
Applicable Law for Breach of Contract Claim
52.240-91
Security Prohibitions and Exclusions
52.240-91 with Alt I
Security Prohibitions and Exclusions, with Alternate I
52.240-92
Security Requirements
2.240-92 with Alt II
Security Requirements with Alternate II
52.240-93
Basic Safeguarding of Covered Contractor Information Systems
52.244-6
Subcontracts for Commercial Products and Commercial Services
52.247-64
Preference for Privately Owned U.S.-Flag Commercial Vessels
52.247-64 with Alt I
Preference for Privately Owned U.S.-Flag Commercial Vessels, with Alternate I
52.247-64 with Alt II
Preference for Privately Owned U.S.-Flag Commercial Vessels, with Alternate II
52.217-2
Cancellation Under Multiyear Contracts
52.222-43
Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts)
52.203-3
Gratuities
52.243-1
Changes-Fixed-Price
52.243-3
Changes-Time-and-Materials or Labor-Hours
52.243-4
Changes
52.243-5
Changes and Changed Conditions
52.243-7
Notification of Changes
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
252.204-7020
DoD Assessment Requirements
252.204-7021
Cybersecurity Maturity Model Certification Requirements
252.204-7022
Expediting Contract Closeout
252.204-7023
Reporting Requirements for Contracted Services
252.205-7000
Provision of Information to Cooperative Agreement Holders
252.211-7003
Item Unique Identification and Valuation
252.211-7008
Use of Government-Assigned Serial Numbers
252.216-7010
Postaward Debriefings for Task Orders and Delivery Orders
252.219-7003
Small Business Subcontracting Plan (DoD Contracts)
252.223-7008
Prohibition of Hexavalent Chromium
252.225-7001
Buy American and Balance of Payments Program
252.225-7012
Preference for Certain Domestic Commodities
252.225-7021
Trade Agreements
252.225-7036
Buy American—Free Trade Agreements—Balance of Payments Program
252.225-7052
Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten
252.225-7056
Prohibition Regarding Business Operations with the Maduro Regime
252.225-7060
Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
252.226-7001
Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
252.227-7015
Technical Data–Commercial Products and Commercial Services
252.227-7037
Validation of Restrictive Markings on Technical Data
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
252.232-7010
Levies on Contract Payments
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
252.237-7019
Training for Contractor Personnel Interacting with Detainees
252.243-7002
Requests for Equitable Adjustment
252.244-7000
Subcontracts for Commercial Products and Commercial Services
252.247-7023
Transportation of Supplies by Sea
252.247-7028
Application for U.S. Government Shipping Documentation/Instructions
252.219-7012
Contracts for Religious Services
252.225-7015
Contracts Requiring the Delivery of Hand or Measuring Tools
252.232-7009
Credit Card Purchases
252.217-7009
Default
252.217-7010
Performance
252.217-7012
Liability and Insurance
252.217-7013
Guarantees
252.217-7014
Discharge of Liens
252.217-7015
Safety and Health
252.217-7026
Identification of Sources of Supply
252.217-7028
Over and Above Work
252.232-7006
Wide Area WorkFlow Payment Instructions

Title

AFSOC Ombudsman

(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, for AFSOC (Air Force Special Operations Command) acquisitions please contact:

AFICC/KO (OL-SOC) – Director of Contracting 427 Cody Avenue, Bldg 90333 Hurlburt Field, FL 32544 850-884-3990 AFIMSC.AFICC_KO.Workflow@us.af.mil

(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.

Health and Safety on Government Installations

(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.

Contractor Access to Air Force Installations

(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 needed 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 insurance certificate, and any additional requirements to comply with local security procedures 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 31-501, Personnel Security Program Management and Real ID regulations 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) 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 payment.

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