MFR_Clauses.pdf

DEPARTMENT OF THE AIR FORCE

97TH AIR MOBILITY WING (AETC)

ALTUS AIR FORCE BASE OKLAHOMA

29 May 2018

MEMORANDUM FOR RECORD

FROM: 97 CONF/LGCA

308 N First Street, Ste 2301

Altus AFB OK 73523-5003

SUBJECT: Clauses Incorporated by Reference for Request for Quote FA4419-18-Q-0009

1. 52.212-2 Evaluation—Commercial Items (OCT 2014)

52.212-3 Offeror Representations and Certifications—Commercial Items (NOV 2017)

52.214-16 Commercial and Government Entity Code Reporting (JUL 2016)

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 Convict Labor (JUNE 2003)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-22 Previous Contracts and Compliance Reports (FEB 1999)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

(AUG 2011)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

(APR 1984)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.253-1 Computer Generated Forms (JAN 1991)

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)

252.204-7003 Control Of Government Personnel Work Product (APR 1992)

252.204-7004 Alt A System for Award Management Alternate A (FEB 2014)

52.232-18 -- Availability of Funds.

As prescribed in 32.706-1(a), insert the following clause:

Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the

Contractor receives notice of such availability, to be confirmed in writing by the Contracting

Officer http://farsite.hill.af.mil/reghtml/Regs/far2afmcfars/fardfars/Far/32.htm#P1116_172937

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN

2012)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) “Receiving report” means the data required by the clause at 252.246-

7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, http://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm https://wawf.eb.mil/

Transportation Financial Management System, and Cargo and Billing

System);

(3) DoD makes payment for rendered health care services using the

TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(End of clause)

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— http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm

(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).

_____COMBO______________________________________________________

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

_______FA4419 Plus six

F1B1R2_____________________________________________

(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 FA4419

Admin DoDAAC FA4419 https://www.acquisition.gov/

Inspect By DoDAAC FA4419 Plus six F1B1R2

Ship To Code FA4419 Plus six F1B1R2

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) FA4419 Plus six F1B1R2

Service Acceptor (DoDAAC) FA4419 Plus six F1B1R2

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(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 e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Lucas.gross.2@us.af.mil kasey.humble@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.

Danny.burns@us.af.mil

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

5988.

mailto:kasey.humble@us.af.mil

252.232-7010 Levies on Contract Payments (DEC 2006)

252.243-7001 Pricing Of Contract Modifications (DEC 1991)

5352.201-9101 Ombudsman (APR 2014)

(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, [Insert names, addresses, telephone numbers, facsimile numbers, and e-mail addresses of Center/MAJCOM/DRU/AFRCO/SMC ombudsman/ombudsmen]. 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.

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

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 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 31-401 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)

All of these clauses are applicable including the clauses in the Solicitation

FA441918Q0023.

2. If you have any questions concerning this memorandum please contact SrA Lucas Gross at lucas.gross.2@us.af.mil or (580)481-6029.

LUCAS H. GROSS, SrA, USAF

Contract Specialist, 97th Contracting Flight