Attachment 4 Provisions and Clauses.pdf

FA255025QVBM1

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors Jan 2023

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

May 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation

Jun 2023

252.237-7024 Notice of Continuation of Essential Contractor Services. 2010-10

As prescribed in 237.7603(b), use the following provision:

NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions. "Essential contractor service"and "mission-essential functions" have the meanings given in the clause at 252.237-7023, Continuation of Essential Contractor Services, in this solicitation.

(b) The offeror shall provide with its offer a written plan describing how it will continue to perform the essential contractor services listed in attachment PWS, Mission Essential Contractor Services, dated 24 Oct 24, during periods of crisis. The offeror shall-

(1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed;

(2) Address in the plan, at a minimum-

(i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves;

(ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site;

(iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home;

(iv) Any established alert and notification procedures for mobilizing identified "essential contractor service" personnel; and

(v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis.

(End of provision)

FAR, DFARS, AFFARS Clauses incorporated by reference. Full text is available at https://www.acquisition.gov

52.203-3 Gratuities Apr 1984 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and

Certifications Dec 2014

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

Nov 2023

52.223-5 Pollution Prevention and Right-to-Know Information May 2024 52.228-5 Insurance-Work on a Government Installation Jan 1997 52.232-18 Availability of Funds Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.244-6 Subcontracts for Commercial Products and Commercial

Services Jan 2025

52.246-4 Inspection of Services—Fixed-Price Aug 1996 252.201-7000 Contracting Officer’s Representative Dec 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials Sep 2011

252-203-7002 Requirement to Inform Employees of Whistleblower Rights Dec 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials Sep 2022

252.204-7003 Control of Government Personnel Work Product Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors Jan 2023 252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls Oct 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

Jan 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

May 2024

252.204-7012

DEV 2024-O0013

Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013 REVISION 1)

May 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements Nov 2023 252.223-7008 Prohibition of Hexavalent Chromium Jan 2023 252.225-7012 Preference for Certain Domestic Commodities Apr 2022 252.225-7048 Export-Controlled Items Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region Jun 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

Dec 2018

252.232-7010 Levies on Contract Payments Dec 2006 252.243-7001 Pricing of Contract Modifications Dec 1991 252.243-7002 Requests for Equitable Adjustment Dec 2022 252.244-7000 Subcontracts for Commercial Products and Commercial

Services Nov 2023

252.246-7008 Sources of Electronic Parts Jan 2023 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances

(ODS)

Oct 2019

5352.223-9001 Health and Safety on Government Installations Oct 2019 5352.242-9001 Common Access Cards (CAC) for Contractor Personnel Oct 2019

FAR, DFARS, AFFARS Clauses incorporated in full text.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders - Commercial Products and Commercial Services Jan 2025

52.203-6, Restrictions on Subcontractor Sales to the Government 52.203-19, Prohibition on requiring Certain Internal Confidentiality

Agreements or Statements

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

52.204-25, Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.204-27 Prohibition on a ByteDance Covered Application 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

52.219-6, Notice of Total Small Business Set-Aside 52.219-8, Utilization of Small Business Concerns 52.219-14 Limitations on Subcontracting Deviation 2021-O0008 52.219-28, Post-Award Small Business Program Representation 52.222-3, Convict Labor 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunities for Workers with Disabilities 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 52.222-55, Minimum wages for Contractor Workers Under Executive

Order 14026

52.222-62, Paid Sick Leave Under Executive Order 13706 52.223-5, Encouraging Contractor Policies to Ban Text Messaging

While Driving

52.223-20, Aerosols 52.223-21, Foams 52.225-13, Restrictions on Certain Foreign Purchases 52.222-25, Equal Opportunity 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim

252.232-7006 Wide Area Workflow Payment Instructions

(Will be completed with award) Jan 2023

252.232-7007 Limitation of Government's Obligation (Will be completed with award)

Apr 2014

52.217-8 Option to Extend Services. 1999-11 As prescribed in 17.208(f), insert a clause substantially the same as the following:

Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days[insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.217-9 Option to Extend the Term of the Contract. 2000-03 As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days [60days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months(months) (years).

252.237-7023 Continuation of Essential Contractor Services. 2010-10

As prescribed in 237.7603(a), use the following clause:

CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions. As used in this clause-

(1) "Essential contractor service" means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.

(2) "Mission-essential functions" means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission essential functions.

These services are listed in attachment PWS, Mission-Essential Contractor Services, dated 24 Oct 2024.

(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.

(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.

(d)(1) Notwithstanding any other clause of this contract, the contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.

(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this section during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government's efforts to maintain the continuity of operations.

(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel or contract support from other contractors, or to enter into new contracts for essential contractor services.

(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor's notice shall include the Contractor's proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor's proposal.

(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.

5352.201-9101 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, for USSF (United States Space Force) acquisitions (excluding SMC acquisitions) please contact the Director of Contracts, Air Force Instillation Contracting Center, Operating Location- Space (AFICC/KS OL-SPC) via the following email workflow address:

afica.ks.wf@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/FLDCOM/DRU ombudsman level, may be brought by the interested party for further consideration to the Department of the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

5352.242-9000 Contractor Access to Department of the Air Force Installations (JUN 2024)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Department of the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [ insert 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 [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) 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.