Attach_3_-_Provisions_and_Clauses.pdf

Attachment 3 FA3022-18-Q-0020 30 August 2018

Provisions & Clauses

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-18 Availability of Funds Apr 1984

52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.246-1 Contractor Inspection Requirements APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

a. Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without

Attachment 3 FA3022-18-Q-0020 further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 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).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

Attachment 3 FA3022-18-Q-0020

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

Attachment 3 FA3022-18-Q-0020

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

XX____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 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.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

Attachment 3 FA3022-18-Q-0020

____ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

XX (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.

3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

Attachment 3 FA3022-18-Q-0020

____ (60)(i) 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).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 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).

_____ (7) 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).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

(d) 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.

Attachment 3 FA3022-18-Q-0020

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($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) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(xi) 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.

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

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

Attachment 3 FA3022-18-Q-0020

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xxii) 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)

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

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.

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

Attachment 3 FA3022-18-Q-0020

(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).

Combo

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

Destination

(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 Pay Official DoDAAC F87700 Issue By DoDAAC FA3022 Admin DoDAAC FA3022 Inspect By DoDAAC F1N2E1 Service Approver (DoDAAC) F1N2E1 Service Acceptor (DoDAAC) F1N2E1

(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.

Attachment 3 FA3022-18-Q-0020 ivan.luckett.1@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.

Eric.lannon@us.af.mil

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

5352.201-9101 Ombudsman

As prescribed in 5301.9103, insert the following clause:

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. The AETC ombudsman is Mr. David E. Jones, deputy Director of Contracting, AFICA/KT, 2035 First Street West, JBSA Randolph ADB TX 78150-4304, telephone 210-652- 1722, facsimile 210-652-8344 or david.jones.3@us.af.mil. The alternate Ombudsman for AETC Contracting Squadrons is Stephen G. Smith, Chief, Clearance & Support Division, AFICA/KTC, 2035 First Street West, JBSA Randolph TX 78150-4304, telephone 210-652-7075. 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.

(d) The ombudsman has no authority to render a decision that binds the agency.

mailto:ivan.luckett.1@us.af.mil mailto:Eric.lannon@us.af.mil https://cs1.eis.af.mil/sites/afcc/knowledge_center/policy_memo_15_c_02/Memo%20Attachments/5301.docx#p53019103 http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/ mailto:david.jones.3@us.af.mil

Attachment 3 FA3022-18-Q-0020

(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)

5352.242-9000 Contractor Access to Air Force Installations

1. Contractor Access to Columbus Air Force Base Installations

a. Background Checks: All contractor and subcontractor personnel requiring entry on Columbus AFB (CAFB) must submit to a local background check to include criminal history checks conducted by the 14th Security Forces Squadron (14 SFS). Cooperation with the investigation is mandatory for entry to CAFB. Contractor personnel convicted of certain crimes will not be allowed to work on CAFB. Such crimes include, but are not limited to the following: espionage, sabotage, treason or terrorism; felony convictions; violent crimes against persons; sex crimes;

drug crimes related to distribution or intent to distribute firearms/explosives violations. Other grounds for exclusion from working on CAFB include, but are not limited to: inability to provide proof of U.S. citizenship or legal U.S.

residency, outstanding warrants, individuals identified on Federal terrorist watch lists, and incarceration for any offense. Deviations from this guideline are permitted on a case by case basis as determined by 14 MSG/CC and/or the 14 Flying Training Wing (FTW)/CC. Background checks will be considered valid for a period of twelve (12) months for contractors working on CAFB without a break in service. In the event of a break in service greater than six (6) months, the contractor will have to resubmit a request for a background check.

b. Non-routine access requirements: Non-routine delivery drivers are drivers requiring access to the installation less than three (3) times in a twelve (12) month period. This will be tracked by a database maintained by the Visitors Center. A delivery driver making more than three (3) deliveries in a twelve (12) month period, will be required to comply with the requirements listed below for those who make frequent visits to CAFB. At the time of delivery, the Visitors Center will contact the requesting activity’s delivery recipient, and the government recipient will report to the Visitors Center to validate the delivery. Once the delivery driver has been validated by the government recipient, the delivery driver will present two forms of ID (at least one US Government-issued ID and one photo ID) to the Visitors Center. The 14 SFS Control Center will run the criminal history background. The Visitors Center will then issue either an AF Form 75or DBIDS pass, Visitor/Vehicle Pass, which will be valid for only 30 days to make their delivery and depart the installation. Drivers of time-sensitive deliveries, such as concrete and asphalt, will identify themselves to the Visitors Center personnel upon arrival to allow them priority. Time sensitive deliveries will be expedited to the maximum extent practicable, but access will not be allowed until the entire process has been completed successfully. After normal duty hours, passes will be issued at the Main Gate and will only be valid until the next duty day.

c. Routine access requirements: 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.

Contractor personnel need to have a valid base pass on them at all times while on the installation. The contractor shall coordinate with the appropriate government organization’s Contracting Officer Representative (COR) or contract inspector for information on the below as needed.

(1) Retired DoD personnel and dependents who are employed by a contractor may not use their sponsorship privilege for the contractor or subcontractor’s benefit; contractor employees must go through the regular process to obtain a pass to work on base.

(2) Contractor personnel need to have a valid base credentials on them at all times while on the installation. Before initiation of the contract, the Air Force sponsoring activity or COR of the contract submits a primary Contactor Employee Identification Credential Request form to the Visitor’s Control Center to determine the credentials to be

Attachment 3 FA3022-18-Q-0020 issued to each contractor (this form may be obtained from the Visitor’s Control Center). This form must be completed (to include the names and social security numbers for all primary and sub-contractors requiring base access) and signed before processing can occur. Unless otherwise approved by the government, forms must be submitted to the 14 SFS/VCC and 14 FTW/IP at least five duty days prior to the contract performance to allow processing time for required background checks; Contracts must coordinate with the COR in a timely manner to allow adequate time for this process to occur. After initial base credentials have been issued, the prime contractor shall be responsible for sponsoring their employees and subcontractor employees on the base and ensuring they have the appropriate credential. Only prime contractor employees, designated in writing, shall have the authority to sponsor subcontractor employees on base. Valid base credentials consist of:

1. DoD Common Access Card (CaC): All contract employees requiring CaCs will be issued a 30 day DBIDS visitor pass to allow time for completion of CaC prerequisites. A completed SF 85/ National Agency Check with Inquiries (NACI) background investigation required before CaC issuance (see 2. Personnel and Information Security Requirements below for additional information).

2. Defense Biometric Identification System (DBIDS) card/pass: To receive a DBIDS credential, the contractor must provide two forms of ID (with at least one containing a photo) to the Visitor’s Control Center.

DBIDS credential will be issued at the same location. A DBIDS pass is issued in 30 day increments. The DBIDS card is for contractor employees who will require frequent access to the base for one year or more not meeting CaC requirements. The contractor must receive a DBIDS request form memo from their COR and present this memo to the Visitor Control Center personnel. Additionally, the prime contractor may complete a DBIDS request form requesting authorization for key primary contract personnel to have base escort privileges. The government reserves the right to disapprove escort privileges.

d. Verification of Contractor and Vehicle:

1. Contractor employees will be confirmed by verifying the person’s credentials (driver’s license, insurance, registration, etc.) against the Contactor Employee Identification Credential Request form or DBIDS request form.

Supplier vehicles delivering materials to the base will be granted entry upon presentation of a valid bill of lading and after clearing through the vehicle search area.

2. The employee must show a notarized letter from the contractor that he/she is a driver of the vehicle and is covered by insurance, accompanied by a copy of the registration.

3. When the driver changes vehicles, he/she will stop at Pass & ID to obtain a pass for that particular vehicle.

4. If a day worker or other contractor/subcontractor employee reports to the Visitors Center for a short notice pass, the prime contractor will be contacted, and if necessary report to the Visitors Center, to validate that the employee is authorized and obtain the required access.

e. Additional Contractor Responsibilities: Contractor and subcontractor employees shall report all lost, stolen or missing base credentials to 14 SFS at 434-7128 immediately upon discovery. Upon completion or termination of the contract or expiration of the base credential, the prime contractor shall ensure that all base credentials issued to employees and subcontractor employees are returned to the issuing office (Visitor Control Center for DBIDS and Military Personnel Facility (MPF) for CaCs). Failure to comply with these requirements may result in withholding of final payment from the prime contractor and/or prevent the contractor or subcontractor from further qualifying for base access.

(1) Contractor and subcontractor personnel gaining access to the installation will conduct all work during the days and hours of Monday thru Friday, 0730 to 1630, unless otherwise specified in the contract or as approved by the Contracting Officer (CO). Contractor/subcontractor personnel will not be allowed to access other base facilities unless specified in the contract.

Attachment 3 FA3022-18-Q-0020

f. Entry to Restricted or Controlled Areas: When work under this contract requires unescorted entry to controlled, restricted or other areas designated sensitive by the installation commander, the contractor shall comply with AFI 31-101, Integrated Defense, DoD 5200.2-R and AFI 31-501, Personnel Security Program Management, requirements. Contractor or sub-contractors who require escorted or unescorted entry to controlled areas, must be added to the Entry Authority List (EAL) for that respective controlled area. Note* only contractors possessing a CaC card are authorized unescorted access to controlled areas. EAL's will be signed by the owner/using commander and authenticated by Security Forces. These documents will be routed through the Security Forces S-5 office.

Contractors shall produce and maintain Entry Authority Lists (EAL’s) IAW AFI 31-101 chapter 7.

(1) Restricted Area Training: The government controlled area monitors provide initial and follow-on training to contractor personnel who work in Air Force controlled/restricted areas. Air Force restricted and controlled areas are explained in AFI 31-101. The contractor security representative will coordinate with their COR in order for the respective government controlled area monitor to provide the training.

(2) Implementation of local Procedures: Contractors shall implement local base procedures for entry to Air Force controlled/restricted areas where contractor personnel will work. Local base procedures will be provided at the pre-performance briefing when required. Updates will be provided to the contractor as changes are made in the procedures.

(3) Operating Procedures: When specified in the PWS, the contractor security representative shall develop written procedures for internal circulation control, protection of resources, and to regulate entry into Air Force controlled areas during normal, simulated and actual emergency operations. The procedures shall be written in accordance with AFI 31-101, The Physical Security Program, 14 FTW Antiterrorism Plan 10-245 and AFI 10-245, The Air Force Antiterrorism/Force Protection (AT/FP) Program Standards, and coordinated through the Security Forces S-5 office.

2. Personnel and Information Security Requirements

The contractor shall coordinate with their COR for the below requirements as necessary.

a. Common Access Card (CaC) Issuance: AFFARS 5352.242-9001, Common Access Cards (CACs) for Contractor Personnel is included in the terms and conditions of this contract (Section I or clause section). Any long term contract (defined in CAFB IDP 31-101, CAFB Base Integrated Defense Plan, Enclosure 1 to Tab A to Appendix 3 to Annex C, ID Vetting and Authorization Determinations, Para. g.(1)), meeting contractor CaC eligibility requirements IAW AFI 31-113, Installation Perimeter Access Control and any supplements must obtain a CaC card.

Advance Fingerprints and a NACI investigation must be accomplished prior to being issued the CaC card. Note* Contractors must complete all CaC card requirements within 20 days of the contractor’s start date. In accordance with AFI 31-501, Personnel Security Management, CaC card issuance and access to Automated Information Systems (AIS) will be prohibited until the biometric fingerprint data is returned favorable (usually takes a couple of weeks) and the initial SF 85/NACI is transmitted by the Information Protection office to the Office of Personnel Management. If the biometric fingerprint data results return unfavorable, the individual must wait until the Air Force Central Adjudication Facility makes a determination on their NACI investigation before being issued a CaC card. The requesting activity’s government Trusted Agent will verify this information through the Information Protection office at 434-2603 before authorizing/approving CaC issuance and government computer access via the Contractor Verification System (CVS). Once the contractor’s information is approved in the CVS, they will go to the Military Personnel Section in building 730 to obtain their CAC.

(1) Advance fingerprint biometric data is conducted at the 14 FTW Information Protection office, Bldg 926, Rm 125, when the contractor/sub-contractor has completed their NACI security questionnaire.

(2) NACI background investigations are initiated in the Electronic Questionnaires for Investigations Processing (e- QIP) by the sponsoring agency security manager. Contractors must report to the unit security manager on their first work day to initiate the questionnaire. This questionnaire will be e-mailed to the contractor and may be accomplished from any computer with internet access. The security manager and the 14 FTW/IP office review the

Attachment 3 FA3022-18-Q-0020 questionnaire once completed by the contractor. The contractor will be contacted to report to the 14 FTW/IP office, provide a completed OF 306 (Declaration of Federal Employment), and sign off on all release forms. Then the completed background investigation will be submitted to and investigated by the Office of Personnel Management

(OPM).

b. Security Representative Appointment: Any contract longer than 6 months in duration and/or if personnel require access to Automated Information Systems and/or if personnel require access to work in or in close proximity to Air Force sensitive information/areas, the contractor shall designate a security representative for on-base contract performance. At the contractor’s discretion, the security representative may be a full-time position or an additional duty position. The security representative, working in concert with the security manager shall provide employees with initial and recurring training required by AFI 31-401, AETC Supplement 1, Information Security Program Management, Chapter 8 and if applicable, the Visitor Group Security Agreement annotated in (j) ii below.

c. Reporting Potential Threats: The contractor shall fully comply with AFI 71-101, Volume-1, Criminal Investigations, and Volume-2, Protective Service Matters. Contractor personnel shall immediately report any information or circumstances which they are aware may be a threat to the security of DoD personnel, contractor personnel, resources, and classified or unclassified defense information. Contractor employees shall be briefed by their company’s immediate supervisor upon initial on-base assignment and as required thereafter.

d. Reporting Suspicious Activity: Contractor/subcontractor employees working on classified, sensitive and/or high risk projects shall report any suspicious activity or suspicious contacts by personnel to the COR, the Office of Special Investigations (662-434-2852), 14th FTW Information Protection Office (14 FTW/IP) at (662) 434-2603 or the government requesting activity’s unit security manager. The government requesting activity’s unit security manager is also referred to herein as the security manager and will be identified in the Performance Work Statement (PWS) / Statement of Work (SOW).

e. Handling of Unattended Classified Information: Any person finding unattended classified information will immediately secure it (do not open/read/examine) and contact 14 FTW Information Protection office and the COR.

During non-duty hours, notify 14th Security Forces Squadron (14 SFS) Emergency Communications Center (ECC) at (662) 434-7128 and the COR.

Paragraphs (g) through (i) below are only required when working on CLASSIFIED contracts as identified in the Performance Work Statement or Statement of Work

f. Security Representative Appointment: The contractor shall appoint, in writing, a security representative for on-base contract performance. At the contractor’s discretion, the security representative may be a full-time position or an additional duty position. The security representative, working in concert with the security manager of the requesting activity shall provide employees with initial and recurring training required by DoDM 5200.01-V3, Information Security Program Regulation, Enclosure 5, and AFI 31-401, Information Security Program Management.

(1) DD Form 254. The contractor shall coordinate with their COR and notify the base servicing Information Protection Office NLT 30 days before on-base performance of the service. The notification shall be accomplished utilizing a Visitor Access List and a DD Form 254. A draft DD Form 254 is to be provided to the COR and 14 FTW Information Protection office at 14ftw.cip@columbus.af.mil for review before final signatures are accomplished. If the contract award is given in less than 30 days out, the contractor shall notify the 14 FTW/IP immediately.

(2) Visitor Group Security Agreement (VGSA). This agreement shall outline how the contractor integrates security requirements for contract operations with the Air Force to ensure effective and economical operation on the installation.

(3) Visitor Access Letter. If provided electronically, provide as annotated in 3.a. above. If provided manually, the VAL shall be on contractor letterhead with contract number, location of performance, and highest level of

Attachment 3 FA3022-18-Q-0020 classification contractor employees require access to. Additionally, the VAL will include employee's name, social security number, and current level of security clearance. The VAL shall be validated, signed by the company's Facility Security Officer (FSO) and provided to the CO, QAE, Security Manager of the requesting activity, and 14 FTW Information Protection Office NLT 30 days prior to the contract start date. If the contract award is given in less than 30 days out, the contractor shall complete and submit the VAL immediately This document must be updated at least annually or when an employee's status or information changes. The contractor shall ensure sensitive information (i.e., Privacy Act information) is properly marked and protected from unauthorized access, disclosure, or manipulation.

3. Physical Security

a. Key Control

(1) Establish Procedures: The contractor shall establish and implement key control procedures in their Quality Control Plan to ensure keys issued to the contractor by the government are properly safeguarded and not used by unauthorized personnel. The contractor shall not duplicate keys issued by the government.

(2) Lost Keys: Lost keys shall be reported immediately to the CO. The government replaces lost keys or performs re-keying. The contractor shall be responsible for the total cost of lost keys, re-keying or lock replacement; the cost may be deducted from the contractor’s invoice.

(3) Government Authorization: The contractor shall ensure its employees do not allow government issued keys to be used by personnel other than current authorized contractor employees. Contractor employees shall not use keys to open work areas for personnel other than contract employees engaged in performance of duties unless authorized by the government functional area chief.

(4) Lock Combinations. The contractor shall establish procedures to ensure lock combinations are not revealed to unauthorized persons and ensure the procedures are implemented. The contractor is not authorized to record lock combinations without written approval by the government functional area chief. Records with written combinations to authorized secure storage containers or Secure Storage Rooms (SSR), shall be marked and safeguarded at the highest classification level as the classified material maintained inside the approved containers. The contractor shall comply with DoDM 5200.01 security requirements for changing combinations to storage containers used to maintain classified materials.

b. Alarm System Operations: Any construction contract that physically alters a building where alarm systems are present, will have the alarms tested and deemed fully operational by the security forces physical security representative before final acceptance. The contractor will work with their COR to coordinate this action. The security representative can be located in the S-5 office at 434-2595. Contractor actions that resulted in damage to a building’s alarm system will be repaired or replaced by the contractor at no cost to the government.

c. Building Alterations: Alterations to buildings that contain vaults, secure rooms, or open storage areas will ensure modifications are in compliance with DoDM 5200.01-V3, Information Security Program, Appendix to enclosure three. Civil Engineering and Information Protection must be notified to inspect these facilities and ensure compliance before final acceptance. Alterations to buildings that contained controlled areas will ensure modifications are in compliance with AFI 31-101, Integrated Defense. Civil Engineering and Security Forces S-5 section must be notified to inspect these facilities and ensure compliance before final inspection. The contractor will work with their COR to coordinate this action. The contractor will be held liable for failure to comply. Additional work required will be accomplished by the contractor at no cost to the government.

4. CAFB Traffic Regulations / Vehicle Inspections

a. All personnel working on contractor projects including: contractor employees, subcontractors, suppliers, and surveyors shall fully comply with CAFB traffic regulations (AFMAN 31-116), CAFB Supplement to AFMAN 31-

Attachment 3 FA3022-18-Q-0020

116 and any updates to base traffic regulations. All employees that drive onto the installation must have a valid driver’s license, current vehicle registration and current proof of insurance. Instructions given by Security Forces personnel at base entry gates shall be complied with immediately. Security Forces use speed detection devices and citations will be issued to violators. Personnel who park on grass or seeded areas will be cited.

b. Contractor or subcontractor personnel shall adhere to vehicle inspections when entering and exiting the base and traffic laws as outlined in the Mississippi Code, DoD regulations, Air Force Instructions, and applicable AETC Supplements to include AFI 10-245, AFI 31-101, AFMAN 31-116, CAFB Sup to AFMAN 31-116 and CAFB Sup to 31-101 (IDP).

5. Freedom of Information Act Program /Operational Security

Freedom of Information Act Program (FOIA): The contractor shall comply with DoD Regulation 5400.7/Air Force Supplement, DoD Freedom of Information Act Program, requirements. The regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding For Official Use Only (FOUO) material.

Operational Security (OPSEC): The contractor shall comply with Air Force Instruction 10-701, Operations Security (OPSEC). This instruction along with DoD 5205.02, DoD Operations Security Program, sets policy and procedures for all Air Force Personnel (Military and civilian) and supporting contractors in implementing, maintaining and executing OPSEC programs. It describes the OPSEC process and discusses integration of OPSEC into Air Force plans, operations and support activities. Although the entire instruction discusses contractors in various spots, chapter 8 specifically calls out OPSEC requirements within contracts.

6. Records Management and Administrative Support

The contractor shall ensure all records, files, documents and working papers provided by the Government and/or generated for the Government in the performance of this contract remain Government property and are…