Attch_4_-_Terms_&_Conditions.docx

ATTACHMENT 4 TERMS AND CONDITIONS

PROVISIONS

FAR 52.204-7 – System for Award Management (Oct 2016) FAR 52.204-16 – Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.204-22 – Alternative Line Item Proposal (Jan 2017) FAR 52.212-1 – Instruction to Offerors – Commercial Items (Oct 2015) FAR 52.212-3 – Offeror Representation and Certifications – Commercial Items, Alternate 1 (Oct 2014) See Attachment 2

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):

FAR - http://farsite.hill.af.mil/vffara.htm DFARS - http://farsite.hill.af.mil/vfdfara.htm AFFARS - http://farsite.hill.af.mil/vfaffara.htm Class Deviations - http://www.acq.osd.mil/dpap/dars/class_deviations.html FAR 52.252-5 – Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision. (b) The use in this solicitation of any Defense Federal Acquisition Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.204-7004 – Alternate A, System for Award Management (Feb 2014) DFARS 252.204-7008 – Compliance with Safeguarding Covered Defense Information Controls ( DFARS 252.204-7011 – Alternative Line Item Structure (Sep 2011) DFARS 252.213-7000 – Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations (Jun 2015) DFARS 252.215-7007 – Notice of Intent to Resolicit (Jun 2012)

CLAUSES

FAR 52.204-9 – Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-10 – Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) FAR 52.204-13 – System for Award Management Maintenance (Oct 2016) FAR 52.204-18 – Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)

(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 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) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(ii) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(iii) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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.

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

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

(vii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(viii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

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

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67.)

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67)

(xix) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xx) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xxi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(1)(xxi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xxii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

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

52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph € of FAR clause 52.226-6.

52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(xx) 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 52.222-3 – Convict Labor (Jun 2003) FAR 52.222-19 – Child Labor—Cooperation with Authorities and Remedies (Oct 2016) FAR 52.222-20 – Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) FAR 52.222-21 – Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 – Equal Opportunity (Sep 2016) FAR 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014) FAR 52.222-50 – Combating Trafficking in Persons (Mar 2015) FAR 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) FAR 52.232-33 – Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) FAR 52.232-39 – Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-1 – Disputes (May 2014) FAR 52.233-3 – Protest after Award (Aug 1996) FAR 52.233-4 – Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.244-6 – Subcontracts for Commercial Items (Jan 2017) 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 address: http://farsite.hill.af.mil 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 Acquisition Regulations (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

DFARS 252.201-7000 – Contracting Officer’s Representative (Dec 1991) 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 252.204-7003 – Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7012 – Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) DFARS 252.204-7015 – Notice of Authorized Disclosure of Information for Litigation Support (May 2016) DFARS 252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) DFARS 252.232-7006 -- Wide Area WorkFlow Payment Instructions (May 2013)

TO BE COMPLETED AT CONTRACT AWARD

DFARS 252.232-7010 – Levies on Contract Payments (Dec 2006) DFARS 252.243-7001 – Pricing of Contract Modifications (Dec 1991) DFARS 252.244-7000 – Subcontracts for Commercial Items (Jun 2013)

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 Vanderberg Street, Peterson AFB CO 80914 Phone: (719) 554-5300 Fax: (719) 554-5299. 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.

AFFARS 5352.223-9000 – Elimination of Use of Class I Ozone Depleting Substances (Nov 2012)