Batteries - Attachment 1 Provisions and Clauses.docx

FA466125Q0127 Attachment 1: FAR Provisions and Clauses Federal Acquisition Circular June 2024 effective 29 August 2024, DFARS 15 August 2024 effective 15 August 2024, and AFFARS AFAC 2024-0612 effective date: 12 June 2024/ last updated: August 2024.

Provisions By Reference:

FAR 52.252-1, Solicitation Provisions Incorporated by Reference:

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 address: http://www.acquisition.gov (End of Provision) 52.212-3 : Offeror Representations and Certifications-Commercial Items (Alternate I) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

252.203-7005: Representation Relating to Compensation of Former DoD Officials 252.204-7016: Covered Defense Telecommunications Equipment or Services—Representation 252.204-7017: Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation 252.215-7013: Supplies and Services Provided by Nontraditional Defense Contractors Clauses By Reference:

FAR 52.252-2, Clauses Incorporated by Reference:

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) 252.203-7000: Requirements Relating to Compensation of Former DoD Officials 252.203-7002: Requirement to Inform Employees of Whistleblower Rights 252.204-7003: Control of Government Personnel Work Product 252.204-7015: Notice of Authorized Disclosure of Information for Litigation Support 252.204-7018: Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.204-7022: Expediting Contract Closeout 252.223-7008: Prohibition of Hexavalent Chromium 252.225-7036: Buy American – Free trade agreements – Balance of payments program 252.225-7002: Qualifying Country Sources as Subcontractors 252.225-7048: Export-Controlled Items 252.225-7056: Prohibition Regarding Business Operations with the Maduro Regime 252.232-7003: Electronic Submission of Payment Requests and Receiving Reports 252.232-7010: Levies on Contract Payments 252.232-7017: Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration 252.243-7001: Pricing of Contract Modifications 252.244-7000: Subcontracts for Commercial Items 252.246-7008: Sources of Electronic Parts 252.247-7023: Transportation of Supplies by Sea 5352.223-9000: Elimination of Use of Class I Ozone Depleting Substances (ODS)

Clauses by Full Text:

252.223-7001: Hazard Warning Labels:

HAZARD WARNING LABELS (DEC 1991)

(a) “Hazardous material,” as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert “None.”)

ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

(End of clause)

252.232-7006: Wide Area WorkFlow Payment Instructions: para (f)(1)(A):

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.

(ii) For fixed price line items—

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

COMBO

5352.201-9101: Ombudsman

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.

(End of clause)