Attachment 4 Provisions and Clauses.pdf

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Cisco 1000 Mbps Multi-Mode Rugged SFP Transceivers
Solicitation number
FA485526Q0073
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About this file

This is an appendix listing federal contract provisions and clauses applicable to a Department of Defense solicitation, specifically for Air Force Special Operations Command (AFSOC) acquisitions.

The document is organized into two primary sections: Provisions (conditions applicable only to the solicitation/offer stage) and Clauses (conditions that flow into the resulting contract). Provisions include standard FAR certifications addressing ethics, conflicts of interest, tax compliance, labor standards, trafficking in persons, Buy American requirements, trade agreements, security prohibitions, and small business representations. Clauses cover similar compliance areas plus additional contract performance requirements including changes, payment procedures, subcontracting restrictions, security requirements, environmental standards, and personnel access to Air Force installations. The document also incorporates DFARS (Defense Federal Acquisition Regulation Supplement) clauses specific to DoD contracting, covering cybersecurity maturity model certification, restricted geographic sourcing (Xinjiang Uyghur Autonomous Region), specific commodity restrictions (hexavalent chromium, certain magnets and minerals), and detainee treatment protocols.

Three custom clauses are included specific to this AFSOC acquisition: an AFSOC Ombudsman provision establishing an independent resource for offerors to address concerns prior to escalation; a Health and Safety on Government Installations clause requiring contractors to comply with Air Force Occupational Safety and Health standards; and a Contractor Access to Air Force Installations clause mandating base pass procedures, personnel credential requirements, Emergency Mass Notification System registration, and compliance with Air Force security regulations for unescorted access to controlled areas.

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Attachment 5 – Provisions and Clauses

PROVISIONS

Number Title

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation

52.204-7 System for Award Management—Registration

52.204-7 with

Alt I System for Award Management—Registration, with Alternate I

52.204-90 Offeror Identification

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business

Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

52.209-12 Certification Regarding Tax Matters

52.212-4 Terms and Conditions—Commercial Products and Commercial Services

52.219-2 Equal Low Bids

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End

Products

52.222-48 Exemption from Application of the Service Contract Labor Standards for

Maintenance, Calibration, or Repair of Certain Equipment–Certification

52.222-52 Exemption from Application of the Service Contract Labor Standards for

Certain Services-Certification

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

52.223-4 Recovered Material Certification

52.225-2 Buy American Certificate

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate

52.225-6 Trade Agreements-Certificate

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-

Certification

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications

52.226-3 Disaster or Emergency Area Representation

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation

52.240-90 Security Prohibitions and Exclusions Representations and Certifications

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements

252.204-7024 Notice on the Use of the Supplier Performance Risk System

252.209-7021 Prohibition Relating to Conflicts of Interest in Consulting Services—

Certification

252.215-7008 Only One Offer

252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data

252.215-7016 Notification to Offerors—Postaward Debriefings

252.219-7000 Advancing Small Business Growth

252.225-7000 Buy American—Balance of Payments Program Certificate

252.225-7020 Trade Agreements Certificate

252.225-7031 Secondary Arab Boycott of Israel

252.225-7035 Buy American—Free Trade Agreements— Balance of Payments Program

Certificate

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur

Autonomous Region— Representation

CLAUSES

Number Title

52.203-6 with

Alt I Restrictions on Subcontractor Sales to the Government

52.203-13 Contractor Code of Business Ethics and Conduct

52.203-17 Contractor Employee Whistleblower Rights

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements

52.204-9 Personal Identity Verification of Contractor Personnel

52.204-13 System for Award Management—Maintenance

52.204-91 Contractor identification

52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

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

Concerns

52.219-6 Notice of Total Small Business Set-Aside

52.219-6 with

Alt I Notice of Total Small Business Set-Aside, with Alternate I

52.219-8 Utilization of Small Business Concerns

52.219-9 Small Business Subcontracting Plan

52.219-9 with

Alt I Small Business Subcontracting Plan, with Alternate I

52.219-9 with

Alt II Small Business Subcontracting Plan, with Alternate II

52.219-9 with

Alt III Small Business Subcontracting Plan, with Alternate III

52.219-9 with

Alt IV Small Business Subcontracting Plan, with Alternate IV

52.219-14 Limitations on Subcontracting

52.219-16 Liquidated Damages—Subcontracting Plan

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.

52.219-33 Nonmanufacturer Rule

52.222-3 Convict Labor

52.222-19 Child Labor—Cooperation with Authorities and Remedies

52.222-35 Equal Opportunity for Veterans

52.222-35 with

Alt I Equal Opportunity for Veterans, with Alternate I

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-36 with

Alt I Equal Opportunity for Workers with Disabilities, with Alternate I

52.222-37 Employment Reports on Veterans

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

52.222-41 Service Contract Labor Standards

52.222-42 Statement of Equivalent Rates for Federal Hires

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts)

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

Adjustment

52.222-50 Combating Trafficking in Persons

52.222-50 with

Alt I Combating Trafficking in Persons, with its Alternate I

52.222-51

Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—

Requirements

52.222-53 Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements

52.222-54 Employment Eligibility Verification

52.222-62 Paid Sick Leave Under Executive Order 13706

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated

Items

52.223-9 with

Alt I

Estimate of Percentage of Recovered Material Content for EPA-Designated

Items, with Alternate I

52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons

52.223-12 Maintenance

52.223-20 Aerosols

52.223-21 Foams

52.223-23 Sustainable Products and Services

52.224-3 Privacy Training

52.224-3 with

Alt I Privacy Training, with Alternate I

52.225-1 Buy American-Supplies

52.225-1 with

Alt I Buy American-Supplies, with Alternate I

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act

52.225-3 with

Alt II Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate II

52.225-3 with

Alt III Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate III

52.225-3 with

Alt IV Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate IV

52.225-5 Trade Agreements

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a

Diplomatic or Consular Mission outside the United States

52.225-26 Contractors Performing Private Security Functions Outside the United

States

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

52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.229-12 Tax on Certain Foreign Procurements

52.232-29 Terms for Financing of Commercial Products and Commercial Services

52.232-30 Installment Payments of Commercial Products and Commercial Services

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

52.232-34 Payment by Electronic Funds Transfer—Other than System for Award

Management

52.232-36 Payment by Third Party

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.232-9X Fast Payment Procedure

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.240-91 Security Prohibitions and Exclusions

52.240-91 with

Alt I Security Prohibitions and Exclusions, with Alternate I

52.240-92 Security Requirements

2.240-92 with

Alt II Security Requirements with Alternate II

52.240-93 Basic Safeguarding of Covered Contractor Information Systems

52.244-6 Subcontracts for Commercial Products and Commercial Services

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

52.247-64 with

Alt I

Preference for Privately Owned U.S.-Flag Commercial Vessels, with

Alternate I

52.247-64 with

Alt II

Preference for Privately Owned U.S.-Flag Commercial Vessels, with

Alternate II

52.217-2 Cancellation Under Multiyear Contracts

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (Multiple Year and Option Contracts)

52.203-3 Gratuities

52.243-1 Changes-Fixed-Price

52.243-3 Changes-Time-and-Materials or Labor-Hours

52.243-4 Changes

52.243-5 Changes and Changed Conditions

52.243-7 Notification of Changes

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.204-7020 DoD Assessment Requirements

252.204-7021 Cybersecurity Maturity Model Certification Requirements

252.204-7022 Expediting Contract Closeout

252.204-7023 Reporting Requirements for Contracted Services

252.205-7000 Provision of Information to Cooperative Agreement Holders

252.211-7003 Item Unique Identification and Valuation

252.211-7008 Use of Government-Assigned Serial Numbers

252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders

252.219-7003 Small Business Subcontracting Plan (DoD Contracts)

252.223-7008 Prohibition of Hexavalent Chromium

252.225-7001 Buy American and Balance of Payments Program

252.225-7012 Preference for Certain Domestic Commodities

252.225-7021 Trade Agreements

252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur

Autonomous Region

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

252.227-7015 Technical Data–Commercial Products and Commercial Services

252.227-7037 Validation of Restrictive Markings on Technical Data

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7010 Levies on Contract Payments

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

252.237-7019 Training for Contractor Personnel Interacting with Detainees

252.243-7002 Requests for Equitable Adjustment

252.244-7000 Subcontracts for Commercial Products and Commercial Services

252.247-7023 Transportation of Supplies by Sea

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

252.219-7012 Contracts for Religious Services

252.225-7015 Contracts Requiring the Delivery of Hand or Measuring Tools

252.232-7009 Credit Card Purchases

252.217-7009 Default

252.217-7010 Performance

252.217-7012 Liability and Insurance

252.217-7013 Guarantees

252.217-7014 Discharge of Liens

252.217-7015 Safety and Health

252.217-7026 Identification of Sources of Supply

252.217-7028 Over and Above Work

252.232-7006 Wide Area WorkFlow Payment Instructions

Title

AFSOC Ombudsman

(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, for AFSOC (Air Force Special Operations Command) acquisitions please contact:

AFICC/KO (OL-SOC) – Director of Contracting

427 Cody Avenue, Bldg 90333

Hurlburt Field, FL 32544

850-884-3990

AFIMSC.AFICC_KO.Workflow@us.af.mil

(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.

Health and Safety on Government Installations

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and

Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

mailto:AFIMSC.AFICC_KO.Workflow@us.af.mil

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

Contractor Access to Air Force Installations

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Department of 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 needed 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 insurance certificate, and any additional requirements to comply with local security procedures to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management and Real ID regulations 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) The contractor shall provide an after-hours contact number or after-hours email in the

Emergency Mass Notification System (EMNS) for each of their personnel, whose normal place of duty is on a DoD installation or within a DoD facility. The contractor shall comply with any additional requirements in DAFMAN 10-206 for emergency operational reporting. Foreign Nationals may participate and may remove themselves from the

Emergency Mass Notification System at any time. To update information, personnel can access the globe icon on their system desktop screens and choose the “Access Self-

Service” option.

(g) Failure to comply with these requirements may result in withholding of payment.

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