Clauses Incorporated by Full Text Appendix.pdf

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Attached to
Grissom ARB Airshow Traffic & Parking Management
Solicitation number
FA465426Q0008
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About this file

This document is a compilation of contract clauses incorporated by full text into a Department of the Air Force solicitation.

The document establishes an ombudsman program to address concerns from offerors and potential offerors, with escalation procedures to Center/MAJCOM/FLDCOM/DRU/DAFRCO level ombudsmen and ultimately to the Department of the Air Force ombudsman at SAF/AQC. Interested parties must first attempt resolution through the contracting officer before engaging the ombudsman, and ombudsman consultation does not extend timelines for protests or other formal processes. The ombudsman has no binding authority and cannot address solicitation copies, due dates, or technical clarifications.

The document addresses organizational conflicts of interest, requiring offerors to disclose all previous or ongoing work associated with the contemplated acquisition and imposing restrictions as specified in the solicitation. It includes clauses prohibiting the use of Class I ozone-depleting substances (halons, CFCs, carbon tetrachloride, methyl chloroform, and methyl bromide) in specifications, standards, or documents requiring their use in testing, operation, or maintenance. Additionally, the document contains health and safety requirements for work on Government installations, including mandatory compliance with AFOSH standards, and contractor access provisions requiring base identification, vehicle passes, emergency notification system enrollment, and controlled-area security compliance. Non-compliance with access and identification requirements may result in withholding of final payment.

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Text version

Clauses Incorporated by Full Text:

Ombudsman

1. 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.

2. 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).

3. 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.

4. The ombudsman has no authority to render a decision that binds the agency.

5. 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.

POTENTIAL ORGANIZATIONAL CONFLICT OF INTEREST

(a) There is potential organizational conflict of interest (see RFO Subpart 9.5, Organizational and Consultant Conflicts of Interest) due to (state the nature of the proposed conflict). Accordingly:

(1) Restrictions are needed to ensure that (state the nature of the proposed restraint and the applicable time period).

(2) As a part of the proposal, the offeror shall provide the contracting officer with complete information of previous or ongoing work that is in any way associated with the contemplated acquisition.

(b) The organizational conflict of interest clause in this solicitation may not be modified or deleted.

POTENTIAL ORGANIZATIONAL CONFLICT OF INTEREST

(a) There is potential organizational conflict of interest (see RFO Subpart 9.5, Organizational and Consultant Conflicts of Interest) due to (state the nature of the proposed conflict). Accordingly:

(1) Restrictions are needed to ensure that (state the nature of the proposed restraint and the applicable time period).

(2) As a part of the proposal, the offeror shall provide the contracting officer with complete information of previous or ongoing work that is in any way associated with the contemplated acquisition.

(b) If award is made to the offeror, the resulting contract may include an organizational conflict of interest limitation applicable to subsequent Government work, at either a prime contract level, at any subcontract tier, or both. During evaluation of proposals, the Government may, after discussions with the offeror and consideration of ways to avoid the conflict of interest, insert a special provision in the resulting contract which shall disqualify the offeror from further consideration for award of future contracts.

(c) The organizational conflict of interest clause included in this solicitation may be modified or deleted during negotiations.

ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS)

1. Contractors shall not:

1. Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

a. Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

2. For the purposes of Department of the Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32- 7086[AR2] ) are Class I ODSs:

a. Halons: 1011, 1202, 1211, 1301, and 2402;

2. Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-

113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-

216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

a. Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

Health and Safety on Government Installations

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

a. Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes

2. The contracting officer may, by written order, direct Department of the 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.

3. 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 Department of the Air Force Installations

• 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 http://static.e-publishing.af.mil/production/1/af_a4/publication/afi32-7086/afi32-7086.pdf http://static.e-publishing.af.mil/production/1/af_a4/publication/afi32-7086/afi32-7086.pdf https://usaf.dps.mil/sites/AFCC/AQCP/KnowledgeCenter/SitePages/DAF-Contracting-Compass/Part-23---Environment,-Sustainable-Acquisition,-and-Material-Safety.aspx?CID=d7c975cb-ed41-49ba-8b44-9279666ee32b#_msocom_2 badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

• 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.

• 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.

• 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 DAFI 31-101, Integrated Defense, and DODMAN5200.02_DAFMAN 16- 1405 , Air Force Personnel Security Program] citing the appropriate paragraphs as applicable.

• 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.

• 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.

• Failure to comply with these requirements may result in withholding of final payment.

https://static.e-publishing.af.mil/production/1/af_a4/publication/dafi31-101/controlled_unclassified_information.pdf https://static.e-publishing.af.mil/production/1/saf_aa/publication/dodman5200.02_dafman16-1405/dodm5200.02_afman16-1405.pdf https://static.e-publishing.af.mil/production/1/saf_aa/publication/dodman5200.02_dafman16-1405/dodm5200.02_afman16-1405.pdf

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