Attachment 4 - Provisions and Clauses - Remote Magazine Kits.pdf

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Attached to
DAFL Remote and Isolated Magazine Kits Subscription
Solicitation number
FA805225Q0917
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About this file

This document is an Attachment of Provisions and Clauses for a federal Request for Quote (RFQ), listing multiple Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses applicable to the solicitation. The document includes requirements such as Unique Entity Identifier reporting, System for Award Management registration, payment instructions through Wide Area Workflow (WAWF), and specific prohibitions on contracting with entities like inverted domestic corporations, ByteDance, and businesses with operations in the Maduro Regime.

The attachment also details an ombudsman provision for the acquisition, which provides a mechanism for potential offerors and interested parties to address concerns. The ombudsman can hear and facilitate resolution of issues, maintaining confidentiality and operating independently of the program manager and contracting officer. Parties are instructed to first attempt resolution with the contracting officer before consulting the ombudsman, and the ombudsman has no binding decision-making authority. Contact information for escalating unresolved concerns is provided, including references to Department of the Air Force leadership contacts.

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Attachment 4 – Provisions and Clauses

The Provision of DFARs 252.225-7056 Prohibition on Contracting with Persons that have Business

Operations with the Maduro Regime. (JAN 2023)

Provisions/Clauses: The following provisions and clauses are applicable to this RFQ and can be viewed through Internet access at the Federal Acquisition Regulation, (FAR) site, http://www.acquisition.gov).

FAR 52.204-6 Unique Entity Identifier (Oct 2016)

FAR 52.204-7 System for Award Management (Nov 2024)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.204-17 Ownership or Control of Offeror (Aug 2020)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

FAR 52.204-20 Predecessor of Offeror (Aug 2020)

FAR 52.204-27 Prohibition on a ByteDance Covered Application. (Jun 2023)

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation

(Nov 2015)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (Feb 2016)

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(Nov 2023)

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

Orders – Commercial Products and Commercial Services (Jan 2025)

FAR 52.225-18 Place of Manufacture (Aug 2018)

FAR 52.232-33 Payment by Electronic Funds Transfer (Oct 2018)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP

2011)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP

2022)

DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992)

DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-party Contractor Reported Cyber

Incident Information (JAN 2023)

DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support

Contractors (JAN 2023)

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services – Representation (MAY 2021)

DFARS 252.204-7021 Cybersecurity Maturity Model Certification Requirements (Jan 2023)

DFARS 252.211-7003 Item Unique Identification and Valuation (Mar 2022)

DFARS 252.211-7008 Use of Government-Assigned Serial Numbers (Sept 2010)

DFARS 252.225-7012 Preference for Certain Domestic Commodities (Apr 2022)

DFARS 252.225-7048 Export Controlled Items (Jun 2013)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec

2018)

DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991)

DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2022) http://www.acquisition.gov/

DFARS 252.244-7000 Subcontracts for Commercial Products or Commercial Serviced (Nov

2023)

DFARS 252.246-7008 Sources of Electronic Parts (Jan 2023)

FAR 52.252-1 – 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):

http://www.acquisition.gov

(End of Provision)

FAR 52.252-2 – 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):

http://www.acquisition.gov

(End of Clause)

FAR 52.252-5 – Authorized Deviations in Provisions (Nov 2020)

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

(b) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

FAR 52.252-6 – 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 Defense Federal Acquisition Regulation (48 CFR

Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

DAFFARS 252.232-7006 – Wide Area Workflow Payment Instructions

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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

(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.

https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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.

[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 F2MT5

Issue By DoDAAC FA8052

Admin DoDAAC FA8052

Inspect By DoDAAC N/A

Ship To Code F2MT5

Ship From Code N/A

Mark For Code F2MT5r

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR

42.302(a)(13).)

(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 activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

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, [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.

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