Attachment_3 _Applicable_Clauses_ _Provisions.pdf

Attachment 3, Applicable Clauses and Provisions

Solicitation FA5613-15-R-0020

CLAUSES INCORPORATED BY REFERENCE

52.202-1

52.203-3

52.203-12

52.203-16

52.203-17

52.204-4

52.204-7 Alt 1

Definitions

Gratuities

Limitations on Payments to Influence Certain Federal

Transactions

Preventing Personal Conflicts of Interest

Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

System for Award Management

NOV 2013

APR 1984

OCT 2010

DEC 2011

APR 2014

MAY 2011

JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13

52.209-6

System for Award Management Maintenance

Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment

JUL 2013

AUG 2013

52.217-8

52.222-50

52.223-10

52.224-1

Option to Extend Services

Combating Trafficking in Persons

Waste Reduction Program

Privacy Act Notification

NOV 1999

MAR 2015

MAY 2011

APR 1984

52.224-2 Privacy Act APR 1984

52.229-6

52.232-18

Taxes--Foreign Fixed-Price Contracts

Availability of Funds

FEB 2013

APR 1984

52.232-20 Limitation of Cost APR 1984

52.232-37

52.232-39

52.237-2

52.242-13

52.247-34

52.252-2

Multiple Payment Arrangements

Unenforceability of Unauthorized Obligations

Protection of Government Buildings, Equipment, and

Vegetation

Bankruptcy

F.O.B. Destination

Clauses Incorporated by Reference

MAY 1999

JUN 2013

APR 1984

JUL 1995

NOV 1991

FEB 1998

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000

252.203-7002

Requirements Relating to Compensation of Former DoD

Officials

Requirement to Inform Employees of Whistleblower Rights

SEP 2011

SEP 2013

252.203.7005

252.204-7000

252.204-7003

252.204-7012

Representation Relating to Compensation of Former DoD

Officials

Disclosure of Information

Control of Government Personnel Work Product

Safeguarding of Unclassified Controlled Technical

Information

Nov 2011

AUG 2013

APR 1992

NOV 2013

252.209-7001

252.209-7004

Disclosure of Ownership or Control by the Government of a

Terrorist Country

Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country

JAN 2009

DEC 2014

252.222-7002

252.225-7005

Compliance With Local Labor Laws (Overseas)

Identification of Expenditures in the United States

JUN 1997

JUN 2005

252.225-7012

252.225-7041

252.225-7043

Preference For Certain Domestic Commodities

Correspondence in English

Antiterrorism Force Protection Policy for Defense Contractors

Outside the U.S.

FEB 2013

JUN 1997

MAR 2006

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.237-7010

252.243-7001

Prohibition on Interrogation of Detainees by Contractor

Personnel

Pricing of Contract Modifications

JUN 2013

DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea JUN 2013

5352.223-9001 Health and Safety on Government Installations NOV 2012

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (APR 2014)

This addendum replaces the below referenced paragraphs of the provision as follows:

(b) The Offeror shall submit written documentation as follows:

(b)(6) Price: Offerors shall insert a unit and extended price in Attachment 1, Pricing Schedule, for each Contract

Line Item Number (CLIN) 0001, 1001, 2001, 3001, and 4001. Offerors shall insert the grand total for the base and all option years. Offerors shall submit prices in dollars.

(b)(10) Past Performance Offerors shall reference no more than three recent and relevant (similar in scope and magnitude) contracts. Offerors shall then complete sections A. and B. of the Past Performance Questionnaire

(PPQ), Attachment 4, one PPQ for each referenced contract. Recent contracts include performance within the past three years from the issuance date of the solicitation for a minimum of one-year of performance (per referenced contract). Offerors shall ensure that the references submit the PPQs directly to the following POCs not later than 27 JUL 2015 1400 local time (Germany): Inge Jenkins, email ingeborg.jenkins.1.de@us.af.mil, and Andrew

Grocott, email andrew.grocott@us.af.mil. The proposal shall have a complete list of these references.

Past performance references of a joint venture partner or key subcontractor that will perform major or critical aspects of the requirement, or relevant past performance of key personnel will be accepted.

Similar in scope means the work must have been the placement and management of medical personnel at medical treatment facilities. Similar in magnitude means the work must have been for clinical physical examinations at medical treatment facilities for a minimum of one year.

(b)(11) Offerors shall comply with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(b)(12) Additional Instructions: Within one working day of contract award, the successful offeror shall complete and submit the fax-back approval form (Attachement 6) to Mr. Horst Lutz horst.lutz.de@us.af.mil and Ms. Elisabeth Koerbel elisabeth.koerbel.de@us.af.mil at the 86 MDG, Ramstein Air Base in order to obtain approval to begin performance in Germany.

mailto:ingeborg.jenkins.1.de@us.af.mil mailto:andrew.grocott@us.af.mil mailto:horst.lutz.de@us.af.mil mailto:elisabeth.koerbel.de@us.af.mil

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

(d) Product samples Deleted

(e) Multiple offers Deleted

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(2)(i)(A) – Deleted.

(2)(i)(B). (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers for delivered hardcopy proposals.

If it was transmitted through an electronic commerce method as authorized by the solicitation, it must be received in the stated addressees’ email inboxes not later than 14:00 hrs (2:00 PM) Central European Summer Time (CEST) on the proposal closing date and the addressees must be able to open the email and all attachments in a readable format (PDF, Microsoft (MS) Word 2007, MS Excel 2007, MS Power Point 2007, or later versions, as applicable).

Offerors are cautioned to consider when submitting their proposal that (1) due to firewall issues some attachments may be stripped; and (2) some attachments are too big and may be blocked. It is the offeror’s responsibility to allow for sufficient time for the proposal to clear all of the Agency’s email servers. For the purpose of electronically transmitted proposal receipt, the proposal is determined to be “under the Government’s control” when it is in the addressee’s email inbox, no other Government point of entry, including all email servers, will be acceptable;

(h) Multiple awards Deleted.

(End of addendum)

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

This addendum replaces the below referenced paragraphs of the provision as follows:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to be the lowest price technically acceptable (LPTA) proposal with acceptable past performance. The Government may award without discussions, reserving the right to hold discussions if deemed necessary by the CO. The following factors shall be used to evaluate offers:

The Evaluation Factors are:

(1) FACTOR 1 – Price

(2) FACTOR 2 – Past Performance.

(1) FACTOR 1 – Price. Offerors will be evaluated on the GRAND TOTAL price resulting from the estimated total amounts of all CLINs, 0001 through 4001, for the base period and all option periods. The Government will only accept proposals in United States currency (USD). Unbalanced prices may serve as a basis for rejection of the proposal. The price evaluation will document the reasonableness and completeness of the total evaluated price. Prices will be evaluated for fair and reasonableness of total evaluated price IAW FAR

15.305(a)(1),15.404-1, and 13.106-3(a).

(i) Arithmetic Discrepancies. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the pricing schedule as submitted by the offeror.

(A) Obviously misplaced decimal points will be corrected;

(B) Discrepancy between unit price and extended price, the unit price will govern;

(C) Apparent errors in extension of unit prices will be corrected;

(D) Apparent errors in extended prices per CLIN will be corrected.

(2) FACTOR 2 – Past Performance. In the evaluation of Present and Past Performance, the Government will consider the information received through the questionnaires, as well as information obtained from other sources.

Offerors will have the opportunity to address any negative performance information received that the offeror has not already had the opportunity to address. The Government may also seek past performance information from other sources, such as but not limited to, the Past Performance Information Retrieval System (PPIRS).

The Government will evaluate past performance based on subjective assessment of how well the offeror performed on recent and relevant work, as outlined in Addendum to FAR Provision 52.212-1, paragraph (b)(10).

Past performance references of a joint venture partner or key subcontractor that will perform major or critical aspects of the requirement, or relevant past performance of key personnel will be accepted. For assessing acceptable performance, the Government will translate ratings assigned on the PPQs, respectively. For ratings S (Satisfactory), G (Good) and E (Exceptional), the Government will consider the rating “Acceptable”; for ratings M (Marginal) and

U (Unsatisfactory), the Government will consider the rating “Unacceptable”. The Government will base the ratings on completed PPQs received from information retrieved from Past Performance Information Retreival System

(PPIRS). Offeror must receive “Acceptable” rating to receive an award, as follows:

PAST PERFORMANCE

RATING DEFINITION

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note below).

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “Unknown” shall be considered “Acceptable.”

(b) Award Process: The Government intends to award to the lowest priced offeror with an acceptable technical ability, and past performance rating. The Government will evaluate all offerors’ proposed prices and past performance submittals. The Government reserves the right to hold discussions at any point during the evaluation.

(c) 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).

For the evaluation of the option price pursuant to FAR Clause 52.217-8, Option to Extend Services, 50 % of the prices proposed for the last option period will be included in the Total Evaluated Price (TEP).

(d) 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 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)

ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(Dec 2014)

Paragraph (k) Taxes is deleted.

52.216-1 TYPE OF CONTRACT (Apr 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)(Deviation)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within 15 days before contract expiration.

(End of clause)

NOTE: In the event exercising this option becomes necessary, the prices as evaluated will be used for the 6-month extension. Should the extension occur at any performance period other than the last option period or be less than 6 months, the prices of the preceding performance period will be used to determine the total amount of the extension by multiplying the monthly amount with the number of months the contract is being extended (1 month – 6 months).

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)(Deviation)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days before contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months exclusive of the time extension authorized in FAR clause 52.217-8, Option to Extend Services.

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from th

Contracting Squadron/LGCA, Kapaun Air Station, Bldg 2767, 67661 Kaiserslautern.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

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):

http://farsite.hill.af.mil; http://www.arnet.gov/far.

(End of provision)

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; http://www.arnet.gov/far.

(End of clause)

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 Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S.

entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United

States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

http://farsite.hill.af.mil/ http://www.arnet.gov/far http://farsite.hill.af.mil/ http://www.arnet.gov/far

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQ

AFSFC/SFPA; Phone: DSN 945-7035 / 36 or Commercial (210) 925-7035 / 36

(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—

(1) Have a designated electronic business point of contact in the Central Contractor Registration 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).

Invoice and Receiving Report (COMBO. Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(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.

Note: When the Contractor creates the document he should select “EDA” to pre-populate the form.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

NCAGE Code** XXXXXX

Contract Number** FA5613-15-C-XXXX

Pay Official DoDAAC** F78900 (DFAS) or F3N050 (GPC) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Currency Code** EURO or $

Issue By DoDAAC** FA5613

Admin DoDAAC** FA5613

Inspect By DoDAAC Not Applicable

Ship To Code / Service Acceptor DoDAAC** F3N041/<Blank>

Discount Terms / Due Dates** XXXXXXXXX

Ship From Code F3N041/<Blank>

Mark For Code Not Applicable

Service Approver (DoDAAC) Primary: To Be Determined

Alternate: To Be Determined

Accept at Other DoDAAC Not Applicable

LPO DoDAAC Not Applicable

DCAA Auditor DoDAAC Not Applicable

Other DoDAAC(s) Not Applicable

(**Required Fields)

(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.

Note: Foreign Contractors shall ensure that his banking information is included in the Comments block:

COMMENTS

Banking Information (Foreign Vendors Only):

- Name of Bank

- Bank Identification Code (BLZ)

- Account Number

- IBAN – BIC (if applicable)

(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.

Contracting Officer: ingeborg.jenkins.1.de@us.af.mil

Contract Administrator: andrew.grocott@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:

- Defense Finance and Accounting Service (DFAS)-Europe, ATTN: Limestone, Kleber Kaserne, dfaseucs@dfas.mil, phone: +49-631-411-6529/6383

- The 700 CONS WAWF Helpdesk, 700cons.wawf@us.af.mil

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

(3) PARTIAL PAYMENT AUTHORIZED

mailto:andrew.grocott@us.af.mil mailto:dfaseucs@dfas.mil mailto:700cons.wawf@us.af.mil

However, payment will not be made more frequently than once per month.

Please submit your invoice via WAWF not later than 1 week upon completion of each repair/service/delivery.

NOTE: The final invoice submitted under this contract must be clearly marked as the final invoice.

(End of clause)

5352.201-9101 OMBUDSMAN (NOV 2012)

(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, concerned parties may contact the Center/MAJCOM or

AFISRA ombudsmen, Primary Command Ombudsman

Mr Douglas Guldan douglas.guldan@us.af.mil

DSN: (314)480-2209

COMM: 0049-6371-47-2209,

Alternate Command Ombudsman

Ms Heidi Hoehn heidi.hoehn.de@us.af.mil

DSN: (314)480-9330

COMM: 0049-6371-47-9330.

FAX: (314)480-2025

FAX: (314)480-2025

MIL: AFICA/KU OL-AFE, Unit 3103, APO AE 09094-3103

COMM: HQ AFICA/KU, Geb. 529 Flugplatz, 66877 Ramstein-Miesenbach DE

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or

AFISRA 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) 256-2397, 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)

(NOV 2012)

(a) Contractors shall not:

http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf mailto:douglas.guldan@us.af.mil mailto:heidi.hoehn.de@us.af.mil

(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.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of 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 Air Force definition of a Class I ODS.]

(End of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)(ALTERED)

(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) In addition to the access documentation requirements listed below, the contractor shall submit a written request on company letterhead with a copy to the unit responsible for contract oversight (Contracting Officer

Representatives), with a copy 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 approved individuals in paragraphs (1) and (2) below, will endorse the request and forward it to the issuing base pass and registration office or security police (Long Term Pass office at the West Gate of Ramstein AB, GE or the

Installation Pass Office, Spangdahlem AB, GE) 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, and provide any local document requirements listed in this paragraph, to obtain a vehicle pass.

(1) For construction projects send the written request to either 86 CES/SABER (Ramstein projects) or 52

CES/SABER (Spangdahlem projects).

(2) For services contracts, send the written request to the Contracting Officer Representative for your contract as designated in writing by the Contracting Officer.

SPECIFIC ACCESS REQUIREMENTS FOR CONTRACTS PERFORMED IN GERMANY

A. US CITIZENS:

1. US Citizens employed under contract with Technical Expert, Troop Care, Analytical Support, or

Military Exigency status, are vetted for performance and base access through DOCPER. Go to the DOCPER

Internet site at http://www.per.hqusareur.army.mil/cpd/docper for information not covered below, i.e., AE Reg 715-

9 FAQs (Frequently Asked Questions), Informative presentations, and a wealth of other status-related info.

(a) In accordance with the Exchange of Notes (dated 27 Mar 98) implementing the Provisions of Articles

72 and 73 of the German Supplementary Agreement (SA) to the North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA), non-German citizens of a NATO member country who perform services on US

Government contracts shall not start work in Germany without meeting one of the following criteria:

http://www.e-publishing.af.mil/shared/media/epubs/AFI32-7086.pdf

(1) Technical Expert Status accreditation (TESA)

(2) Troop Care Status accreditation (TCSA)

(3) Analytical Support Status accreditation (ASSA)

(4) Military Exigency (ME) via TESA or ASSA

(5) TESA/ASSA TDY

(6) Exemption from German work permit ("fax back")

(7) German work permit or compliance with European Union member nation exchange laws and regulations

(8) Certificates of limited tax liability and a German work permit

(b) In order to request status under paragraph (a)(1) through (a)(5) above, the contractor shall submit all subcontractor agreements which will be used for the Government's Contract Notification package to DoD Contractor

Personnel Office (DOCPER). The contractor shall submit Technical Expert Status Accreditation (TESA)/Troop

Care Status Accreditation (TCSA)/Analytical Support Status Accreditation (ASSA) application packages for any employees for which TESA/TCSA/ASSA is sought within three business days of the individual being hired.

(c) The applications cited in paragraph (b) above shall be submitted by the contractor, by means of the

DOCPER Contractor Online Processing System (DCOPS) through the contracting officer's appointed representative to DOCPER. DOCPER's contact information is available at the DOCPER Internet site http://www.per.hqusareur.army.mil/cpd/docper/GermanyDefault.aspx

(d) A 10-week temporary TESA or ASSA may be granted by the US Government for purposes of Military

Exigency (ME). ME is granted for time sensitive, mission critical positions for the purpose of permitting individual contract employees, who upon initial review of the application appear to meet the requirements of TESA or ASSA, to begin working in Germany prior to TESA/ASSA accreditation.

(e) Current Common Access Card (CAC) procedures:

(1) DOCPER issues the DD 1172-2.

(2) The Contracting Officer’s Representative at the unit level (QAP/COR), as the Trusted Agent

(TA), creates a Contractor Verification System (CVS) account for the contractor employee to enter and complete online personal information.

(3) The employee takes a copy of the DD 1172-2 and proof of CVS entry into the database to the pass and identification issuing office to obtain CAC.

(f) In addition to the contract clause AFFARS clause 5352.242-9001, CACs for Contractor Personnel, local policy directs the contractor to turn in CACs to the issuing office and provide written/signed documentation, by the

Program Manager or equivalent, of the office and date CACs were returned for any actions defined in paragraphs (d) and (e). Contract clauses are located at http://farsite.hill.af.mil/VFFARa.HTM.

(g) The contractor shall allow German government authorities to visit the contractor's work areas for the purpose of verifying the status of positions and personnel as Technical Expert (TE)/Troop Care (TC)/Analytical

Support (AS) employees. Such visits will not excuse the contractor from performance under this contract or result in increased costs to the Government.

(h) The contract price shall not be subject to an economic adjustment with regard to TESA/TCSA/ASSA in the event that

(1) the contract and any or all positions identified in the contractor's proposal are disapproved for

TESA/TCSA/ASSA; or

(2) any or all positions submitted for TESA/TCSA/ASSA consideration during the life of the contract are disapproved for TESA/TCSA/ASSA; or

(3) any or all contractor employees are denied TESA/TCSA/ASSA; or http://www.per.hqusareur.army.mil/cpd/docper/GermanyDefault.aspx http://farsite.hill.af.mil/VFFARa.HTM

(4) TESA/TCSA/ASSA accreditation is rescinded during the life of the contract.

(i) If the contractor's employees will be performing in the Federal Republic of Germany under the conditions identified in paragraphs (a)(6) through (a)(8) of this clause, DOCPER is not involved in the process.

B. RESIDENT OF EUROPEAN UNION OR NATO-MEMBER (i.e., Contractor and Contractor Employee):

TEMPORARY BASE ACCESS OR CONTRACTS LESS THEN 90 DAYS IN DURATION:

Temporary pass issued if:

1. Contract period is less than 90 days

2. A favorable rating on the screening is not available for contract employee. Note: Once a favorable rating is received, the employee returns for issuance of a new pass for the total contract period requested in the original paperwork.

3. Required Documents:

a. 17 Page questionnaire or 604-1B) must be filled out entirely for it to be of any use to us (addresses, phone numbers, zip codes etc)

b. Original and copy of Passports or Personal Ausweiss

c. Original and copy of PGCC (Police Good Conduct Certificate)

BASE ACCESS FOR CONTRACTS WITH A PERFORMANCE PERIOD OF MORE THAN 90 DAYS:

Mandatory Installation access procedures apply when contractors require access under this contract at least three (3) times per week for a period of at least 90 days.

1. Procedures to receive an Installation Pass (IP) are as follows:

a. USAFE Form 79: The 577 card holder in the unit receiving services, will be responsible for completing the USAFE Form 79 and insuring the pass applicant has all of the required documents to obtain an IP.

b. Proof of Identification - Valid Identification Documentation:

i. Police Good Conduct Report (PGCC) obtained at the local court house – provide original plus one copy

ii. Ausweis (German ID or National ID) – provide original plus one copy

c. Additional Mandatory Requirements:

i. If local national employees reside outside of Germany or are subcontractors under a prime contractor, written verification of contract data may be needed. Information is available from individuals issuing letter cited in paragraph 1(b).

ii. Work permit if individual is a citizen is from a country other than where contract performance will occur

iii. 17 page questionnaire for back ground investigation unless investigation was accomplished within the last five years.

END OF ACCESS PROCEDURES IN GERMANY

(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, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel

Security Program Management, paragraphs 7.4.2. Issuing Restricted Area Badges, 7.9. Unescorted Entry to

Restricted Areas -- Single Badge System and 7.15 Controlled Area Access.

(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 office that issued the approved letter forwarded to the Long Term Pass and Registration Office (Ramstein) or

Installation Pass Office (Spangdahlem).

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

(End of clause)

5352.242-9001 COMMON ACCESS CARDS (CAC) FOR CONTRACTOR PERSONNEL (NOV 2012)

(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria:

(1) Require logical access to Department of Defense computer networks and systems in either:

(i) the unclassified environment; or

(ii) the classified environment where authorized by governing security directives.

(2) Perform work, which requires the use of a CAC for installation entry control or physical access to facilities and buildings.

(b) Contractors and their personnel shall use the following procedures to obtain CACs:

(1) Contractors shall provide a listing of personnel who require a CAC to the contracting officer. The government will provide the contractor instruction on how to complete the Contractor Verification System (CVS) application and then notify the contractor when approved.

(2) Contractor personnel shall obtain a CAC from the nearest Real Time Automated Personnel Identification

Documentation System (RAPIDS) Issuing Facility (typically the local Military Personnel Flight (MPF)).

(c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy.

(d) During the performance period of the contract, the contractor shall:

(1) Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing government official;

(2) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access;

(3) Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date; and

(4) Report lost or stolen CACs in accordance with local policy/directives.

(e) Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives.

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

(End of clause)