Attachment 3 - DAFFARS Clauses.pdf
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- Solicitation number
- FA527025QA112
About this file
The document contains two federal contract clauses from the Department of the Air Force: 5352.201-9101 PACAF Ombudsman (Jul 2023) and 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (JUN 2024). The Ombudsman clause establishes a process for resolving concerns from offerors and potential offerors, outlining that interested parties must first contact the contracting officer and can escalate unresolved issues to specific Air Force ombudsman contacts at AFICC/KH and SAF/AQC. The ombudsman's role is to hear concerns confidentially but cannot render binding decisions.
The second clause prohibits contractors from providing services or products that require the use of Class I Ozone Depleting Substances (ODS) in testing, operation, or maintenance of systems, subsystems, items, components, or processes. The clause specifically lists prohibited substances, including various Halons, Chlorofluorocarbons (CFCs), Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. The policy notes that materials containing these substances as minor constituents do not meet the Department of the Air Force's definition of a Class I ODS.
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5352.201-9101 PACAF Ombudsman (Jul 2023)
(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, AFICC/KH (Chief Enlisted Manager), 25 E Street, Suite B-100, JBPH- H, HI 96853-5427, Phone: (808) 449-8569, FAX: (808) 449-8571, e-mail: afica.kh@us.af.mil.
Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.
(End of clause)
5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (JUN 2024)
(a) Contractors shall not:
(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or
(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.
(b) For the purposes of Department of the Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:
(1) Halons: 1011, 1202, 1211, 1301, and 2402;
(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and
(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.
[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Department of the Air Force definition of a Class I ODS.]
(End of clause)
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