Attachment_4_-_Additional_Terms___Conditions.docx

Attachment 4 – Additional Terms & Conditions History Book

FA2517-15-Q-6042

The Contractor shall comply with the FAR clauses in this attachment that the Contracting Officer has incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items.

FAR 52.204-4 -- System for Award Management (Jul 2013) FAR 52.204-2 -- Security Requirements (Aug 1996) FAR 52.204-10 -- Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) FAR 52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.204-18 -- Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.204-13 -- System for Award Management Maintenance (Jul 2013) FAR 52.209-10 -- Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) FAR 52.209-12 -- Certification Regarding Tax Matters (Feb 2016) FAR 52.212-4 – Contract Terms and Conditions-Commercial Items (May 2015) FAR 52.212-5 -- Contract Terms And Conditions Required To Implement Statutes Or Executive Orders--Commercial Items (Deviation 2013-O0019) (Jun 2016) FAR 52.213-2 – Invoices (Apr 1984) FAR 52.219-6 -- Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

FAR 52.219-8 -- Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

FAR 52.219-28 -- Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2))

FAR 52.222-3 -- Convict Labor (June 2003) (E.O. 11755)

FAR 52.222-19 -- Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 3126)

FAR 52.222-21 -- Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-22 -- Previous Contracts and Compliance Reports (Feb 1999) FAR 52.222-26 -- Equal Opportunity (Apr 2015) (E.O. 11246)

FAR 52.222-35 -- Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

FAR 52.222-36 -- Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

FAR 52.222-37 -- Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

FAR 52.222-40 -- Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

FAR 52.222-50 -- Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627)

FAR 52.222-54 -- Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

FAR 52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513)

FAR 52.225-13 -- Restrictions on Certain Foreign Purchases (June 2008)

FAR 52.227-14 – Rights in Data – General (May 2014)

FAR 52.227-16 – Additional Data Requirements (Jun 1987)

FAR 52.232-30 -- Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

FAR 52.232-33 -- Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-3 -- Protest After Award (Aug 1996) (31 U.S.C. 3553)

FAR 52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004) 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 (Sep 2013) DFARS 252.203-7005 -- Representation Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.204-7000 – Disclosure of Information (Aug 2013) DFARS 252.204-7005 – Oral Attestation of Security Responsibilities (Nov 2001) DFARS 252.204-7008 – Compliance with Safeguarding Covered Defense Information Controls (Dec 2015) DFARS 252.204-7011 -- Alternative Line Item Structure (Sep 2011) DFARS 252.204-7012 – Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2015) DFARS 252.204-7015 – Notice of Authorized Disclosure of Information to Litigation Support (May 2016) DFARS 252.209-7004 – Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (Oct 2015) DFARS 252.209-7998 – Representation Regarding Conviction of a Felony Criminal (Class Deviation 2012-O0007) (Mar 2012) DFARS 252.225-7001 -- Buy American and Balance of Payments Program---Basic (Aug 2016)

DFARS 252.227-7015 – Technical Data – Commercial Items (Feb 2014)

DFARS 252.227-7028 – Technical Data or Computer Software Previously Delivered to the Government (Jun 1995)

DFARS 252.227-7037 – Validation of Restrictive Markings on Technical Data (Jun 2013)

DFARS 252.232-7003 -- Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) DFARS 252.232-7010 -- Levies on Contract Payments (Dec 2006) DFARS 252.239-7001 – Information Assurance Contractor Training and Certification (Jan 2008) DFARS 252.243-7002 – Requests for Equitable Adjustment (Dec 2012) DFARS 252.244-7000 -- Subcontracts for Commercial Items (Jun 2013)

DFARS 252.247-7023 -- Transportation of Supplies by Sea (May 2002)

AFFARS 5352.223-9001 Health and Safety on Government Installations (Nov 2012)

AFFARS 5352.242-9001 – Common Access Cards (CAC) for Contractor Personnel (Nov 2012)

CLAUSES INCORPORATED BY FULL TEXT

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://farsite.hill.af.mil/vffara.htm (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://farsite.hill.af.mil

(End of Clause)

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (Apr 1984)

(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 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 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (May 2013)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 2012).

(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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Invoice and Receiving Report (Combo)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

F3LFD4

(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

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

heather.snook@us.af.mil

(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.

Ogden Help Desk disa.ogden.esd.mbx.cscassig@mail.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

AFFARS 5352.201-9101 OMBUDSMAN (Jun 2016)

(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, AFICA/KS SCO, 150 Vandenberg Street, Peterson AFB CO 80914

(P) 719-554-5300

(F) 719-554-5299 afica.ks.wf@us.af.mil.

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to 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)

AFFARS 5352.204-9000 – Notification of Government Security Activity and Visitor Group Security Agreements (Mar 2012) This contract contains a DD Form 254, DOD Contract Security Classification Specification, and requires performance at a government location in the U.S. or overseas. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall take the following actions:

(a) At least thirty days prior to beginning operations, notify the Information Protection Office shown in the distribution block of the DD Form 254 as to:

(1) The name, address, and telephone number of this contract company’s representative and designated alternate in the U.S. or overseas area, as appropriate;

(2) The contract number and military contracting command;

(3) The highest classification category of defense information to which contractor employees will have access;

(4) The Air Force installations in the U.S. (in overseas areas, identify only the APO number(s)) where the contract work will be performed;

(5) The date contractor operations will begin on base in the U.S. or in the overseas area;

(6) The estimated completion date of operations on base in the U.S. or in the overseas area; and,

(7) Any changes to information previously provided under this clause.

This requirement is in addition to visit request procedures contained in DOD 5220.22-M, National Industrial Security Program Operating Manual, and DOD 5220.22-M-Sup 1.

(b) Prior to beginning operations involving classified information on an installation identified on the DD Form 254 where the contractor is not required to have a facility security clearance, the contractor shall enter into a Visitor Group Security Agreement (or understanding) with the installation commander to ensure that the contractor’s security procedures are properly integrated with those of the installation. As a minimum, the agreement shall identify the security actions that will be performed:

(1) By the installation for the contractor, such as providing storage and classified reproduction facilities, guard services, security forms, security inspections under DOD 5220.22-M and DOD 5220.22-M-Sup 1, classified mail services, security badges, visitor control, and investigating security incidents; and

(2) Jointly by the contractor and the installation, such as packaging and addressing classified transmittals, security checks, internal security controls, and implementing emergency procedures to protect classified material.

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs) (Nov 2012)

(a) 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

(2) 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.

[Note: This prohibition does not apply to manufacturing.]

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

(1) 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

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.] (end of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (Nov 2012)

(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: 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 Full Name, US Citizenship Status, Date of Birth, and Social Security Number 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, Volume 1, The Air Force Installation Security Program, and AFI 35-501, 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.