Attachment 5 - Provisions and Clauses FINAL.pdf

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

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

52.225-19 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 252.247-7028 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

52.217-3 Evaluation Exclusive of Options (Provision) The Government will evaluate offers for award purposes by including only the price for the basic requirement; i.e., options will not be included in the evaluation for award purposes.

52.217-4 Evaluation of Options Exercised at Time of Contract Award (Provision)

Except when it is determined in accordance with FAR 17.202(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

52.217-5 Evaluation of Options (Provision) Except when it is determined in accordance with FAR 17.202(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-8 Options to Extend Services (Clause) 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 ___30__ days

52.217-9 Option to Extend the Term of the Contract (Clause)

(a) The Government may extend the term of this contract by written notice to the Contractor within ___30__ days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least ___60__ days 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 _____60____ (months).

252.237-7024 Notice of Continuation of Essential Contractor Services (Provision)

(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 A, Mission Essential Contractor Services, dated ________, 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 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.237-7023

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

252.237-7023 Continuation of Essential Contractor Services (Clause)

(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 A, Mission-Essential Contractor Services, dated __________.

(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.

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 mailto:AFIMSC.AFICC_KO.Workflow@us.af.mil 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.