Attachment_5_-_Additional_Terms_ _Conditions.pdf

UPGRADE BLDG 1 SECURITY

Peterson AFB, CO

FA2517-15-T-6018

The Contractor shall comply with the FAR clauses that the contracting officer has checked as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

FAR 52.203-3 – Gratuities

FAR 52.203-6 – Restrictions on Subcontractor Sales to the Government, with Alternate I

FAR 52.203-13 – Contractor Code of Business Ethics and Conduct

FAR 52.203-15 – Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

FAR 52.204-7 – System for Award Management

FAR 52.204-10 – Reporting Executive compensation and First-Tier Subcontract Awards

FAR 52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements

FAR 52.209-6 – Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

(P) FAR52.209-7 – Information Regarding Responsibility Matters (Incorporate by Full Text if Applicable)

FAR 52.209-9 – Updates of Publicly Available Information Regarding Responsibility

FAR 52.209-10 – Prohibition on Contracting with Inverted Domestic Corporations

(P) FAR 52.211-6 – Brand Name or Equal

FAR 52.212-4 – Contract Terms and Conditions-Commercial Items

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019)(Jan 2014)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or

ATTACHMENT 5 – Additional Terms & Conditions maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L.

110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.217-9 – Option to Extend the Term of the Contract

(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 30 days [60 days 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 3 (years).

FAR 52.219-3 – Notice of HUBZone Set-Aside or Sole-Source Award

FAR 52.219-4 – Notice of Price Evaluation Preference for HUBZone Small Business Concerns

FAR 52.219-6 – Notice of Total Small Business Aside Alternate I of 52.219-6 Alternate II of 52.219-6

FAR 52.219-7 – Notice of Partial Small Business Set-Aside Alternate I of 52.219-7 Alternate II of 52.219-7

FAR 52.219-8 – Utilization of Small Business Concerns

FAR 52.219-9 – Small Business Subcontracting Plan Alternate I of 52.219-9 Alternate II of 52.219-9 Alternate III of 52.219-9

FAR 52.219-13 -- Notice of Set-Aside of Orders (Incorporate by Full Text if Applicable)

FAR 52.219-14 -- Limitations on Subcontracting

FAR 52.219-16 -- Liquidated Damages—Subcontracting Plan

FAR 52.219-23 -- Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

Alternate I of 52.219-23.

FAR 52.219-25 -- Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting

FAR 52.219-26 -- Small Disadvantaged Business Participation Program—Incentive Subcontracting

FAR 52.219-27 -- Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

FAR 52.219-28 -- Post Award Small Business Program Rerepresentation

FAR 52.219-29 -- Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns

FAR 52.219-30 -- Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program

FAR 52.222-3 -- Convict Labor

FAR 52.222-17 – Nondisplacement of Qualified Workers

FAR 52.222-19 -- Child Labor—Cooperation with Authorities and Remedies

FAR 52.222-21 -- Prohibition of Segregated Facilities

(P) FAR 52.222-22 -- Previous Contracts and Compliance Reports

FAR 52.222-26, Equal Opportunity

FAR 52.222-35, Equal Opportunity for Veterans

FAR 52.222-36, Affirmative Action for Workers with Disabilities

FAR 52.222-37 -- Employment Reports on Veterans

FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

FAR 52.222-41 -- Service Contract Act of 1965

FAR 52.222-42 -- Statement of Equivalent Rates for Federal Hires

FAR 52.222-43 -- Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts)

FAR 52.222-44 -- Fair Labor Standards Act and Service Contract Act -- Price Adjustment

FAR 52.222-50, Combating Trafficking in Persons

FAR 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements

FAR 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements

FAR 52.222-54, Employment Eligibility Verification

FAR 52.223-9 -- Estimate of Percentage of Recovered Material Content for EPA-Designated Items (Incorporate by Full Text if Applicable)

Alternate I of 52.233-9 (Incorporate by Full Text if Applicable)

FAR 52.223-15 -- Energy Efficiency in Energy-Consuming Products

FAR 52.223-16 -- IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products Alternate I of 52.223-16.

FAR 52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging while Driving

FAR 52.225-3 -- Buy American Act--Free Trade Agreements--Israeli Trade Act Alternate I of 52.225-3.

Alternate II of 52.225-3.

Alternate III of 52.225-3.

FAR 52.225-5 -- Trade Agreements

FAR 52.225-13 -- Restrictions on Certain Foreign Purchases

FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside

FAR 52.226-5 -- Restrictions on Subcontracting Outside Disaster or Emergency Area

FAR 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

FAR 52.232-29 -- Terms for Financing of Purchases of Commercial Items (Incorporate by Full Text if Applicable)

FAR 52.232-30 -- Installment Payments for Commercial Items (Incorporate by Full Text if Applicable)

FAR 52.232-33 -- Payment by Electronic Funds Transfer—System for Award Management

FAR 52.232-36 -- Payment by Third Party

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

FAR 52.233-3 -- Protest After Award

FAR 52.233-4 -- Applicable Law for Breach of Contract Claim

FAR 52.237-11 -- Accepting and Dispensing of $1 Coin

FAR 52.239-1 -- Privacy or Security Safeguards

FAR 52.243-1 – Changes—Fixed Price

FAR 52.247-34 – F.o.B. Destination

FAR 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels

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://farsite.hill.af.mil

(End of Clause)

FAR 52.252-6 -- Authorized Deviations in Clauses

(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.

http://farsite.hill.af.mil/

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement. (48 CFR Chapter 201) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

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

DFARS 252.203-7002 -- Requirement to Inform Employees of Whistleblower Rights

DFARS 252.203-7003 -- Agency Office of the Inspector General

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

(P) DFARS 252.204-7004 – Alternate A, System for Awards Management

(P) DFARS 252.204-7011 -- Alternative Line Item Structure

DFARS 252.204-7012 – Safeguarding of Unclassified Controlled Technical Information

DFARS 252.204-7015 – Disclosure of Information to Litigation Support Contractors

DFARS 252.205-7000 -- Provision of Information to Cooperative Agreement Holders

(P) DFARS 252.209-7001 -- Disclosure of Ownership or Control by the Government of a Terrorist Country

(P) DFARS 252.209-7993, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law-Fiscal Year 2014 Appropriations (Deviation 2014-OO0009) (Feb 2014) (See Attachment 1 - Contractor Submittal Form for full text)

DFARS 252.209-7998 – Representation Regarding Conviction of a Felony Criminal

DFARS 252.211-7003 -- Item Identification and Valuation (Dec 2013)

DFARS 252.211-7006 -- Passive Radio Frequency Identification

DFARS 252.211-7007 -- Reporting of Government-Furnished Property

(P) DFARS 252.215-7007 -- Notice of Intent to Resolicit

(P) DFARS 252.215-7008 -- Only One Offer

DFARS 252.219-7003 -- Small Business Subcontracting Plan (DoD Contracts)

DFARS 252.219-7004 -- Small Business Subcontracting Plan (Test Program)

DFARS 252.223-7008 -- Prohibition of Hexavalent Chromium

(P) DFARS 252.225-7000 -- Buy American Statute--Balance of Payments Program Certificate (See Attachment

X – Contractor Submittal Form, for full text)

DFARS 252.225-7001 -- Buy American and Balance of Payments Program Alternate I of 252.225-7001

DFARS 252.225-7008 -- Restriction on Acquisition of Specialty Metals

DFARS 252.225-7009 -- Restriction on Acquisition of Certain Articles Containing Specialty Metals

(P) DFARS 252.225-7010 -- Commercial Derivative Military Article—Specialty Metals Compliance Certificate

DFARS 252.225-7012 -- Preference for Certain Domestic Commodities

DFARS 252.225-7015 -- Restriction on Acquisition of Hand or Measuring Tools

DFARS 252.225-7016 -- Restriction on Acquisition of Ball and Roller Bearings

DFARS 252.225-7017 -- Photovoltaic Devices

(P) DFARS 252.225-7018 -- Photovoltaic Devices—Certificate

(P) DFARS 252.225-7020 -- Trade Agreements Certificate (See Attachment 2, Contractor Submittal Form, for full text)

DFARS 252.225-7021 -- Trade Agreements Alternate I of 252.225-7021 Alternate II of 252.225-7021

DFARS 252.225-7027 -- Restriction on Contingent Fees for Foreign Military

DFARS 252.225-7028 -- Exclusionary Policies and Practices of Foreign Governments

(P) DFARS 252.225-70318 – Secondary Arab Boycott of Israel

(P) DFARS 252.225-7035 -- Buy American--Free Trade Agreements--Balance of Payments (See Attachment 2, Contractor Submittal Form, for full text)

DFARS 252.225-7036 -- Buy American—Free Trade Agreements—Balance of Payments Program Alternate I of 252-225-7036 Alternate II of 252-225-7036 Alternate III of 252-225-7036 Alternate IV of 252-225-7036 Alternate V of 252-225-7036

DFARS 252.225-7038 -- Restriction on Acquisition of Air Circuit Breakers

DFARS 252.225-7039 -- Contractors Performing Private Security Functions

DFARS 252.225-7040 -- Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States

DFARS 252.225-7043 -- Antiterrorism/Force Protection for Defense Contractors Outside the United States.

(See Attachment 2, Contractor Submittal Form, for full text)

DFARS 252.226-7001 -- Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

DFARS 252.227-7013 -- Rights in Technical Data—Noncommercial Items

DFARS 252.227-7015 -- Technical Data—Commercial Items

DFARS 252.227-7037 -- Validation of Restrictive Markings on Technical Data

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

DFARS 252.232-7006 – Wide Area Workflow Payment Instructions

DFARS 252.232-7009 -- Mandatory Payment by Governmentwide Commercial Purchase Card

DFARS 252.232-7010 -- Levies on Contract Payments

DFARS 252.232-7011 -- Payments in Support of Emergencies and Contingency Operations

DFARS 252.237-7010 -- Prohibition on Interrogation of Detainees by Contractor Personnel

DFARS 252.237-7019 -- Training for Contractor Personnel Interacting with Detainees

(P) DFARS 232.239-7017 – Notice of Supply Chain Risk

DFARS 232.239-7018 – Supply Chain Risk

DFARS 252.243-7002 -- Requests for Equitable Adjustment

DFARS 252.244-7000 -- Subcontracts for Commercial Items

DFARS 252.246-7003 -- Notification of Potential Safety Issues

DFARS 252.246-7004 -- Safety of Facilities, Infrastructure, and Equipment For Military Operations

DFARS 252.247-7003 -- Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

DFARS 252.247-7023 -- Transportation of Supplies by Sea (MAY 2002) Alternate I of 252.247-7023 Alternate II of 252.247-7023

DFARS 252.247-7024 -- Notification of Transportation of Supplies by Sea

(P) DFARS 252.247-7026 -- Evaluation Preference for Use of Domestic Shipyards — Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade

DFARS 252.247-7027 -- Riding Gang Member Requirements

DFARS 252.247-7028 -- Application for U.S. Government Shipping Documentation/Instructions

AFFARS clause 5352.201-9101 – Ombudsman, AFICA/ KS SCO, 150 Vandenberg Street, Peterson AFB CO 80914, (P) 719-554-5300, (F) 719-554-5299, afica.ks.wf@us.af.mil

AFFARS clause 5352.242-9000 -- 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 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 no later than 2:00 PM, MST 5 September 2014: 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, and valid vehicle insurance certificate 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, 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) Failure to comply with these requirements may result in withholding of final payment.

(End of clause) http://static.e-publishing.af.mil/production/1/af_a4_7/publication/afi31-101/releasibility_for_afi31-101.pdf http://static.e-publishing.af.mil/production/1/af_a4_7/publication/afi31-501/afi31-501.pdf

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019)(Jan 2014)