Atch_3 _Clauses Prov_22Apr16.doc

Attachment 3, Applicable Clauses and Provisions

Solicitation FA5613-16-R-0014

CLAUSES INCORPORATED BY REFERENCE

52.203-3

52.203-11 52.203-12 52.203-16

52.203-17 52.204-4 52.204-7 Gratuities

Certification and Disclosure Regarding Payments to

Influence Certain Federal Transactions

Limitation 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

APR 1984

SEP 2007

OCT 2010

APR 2014

DEC 2011

APR 2014

MAY 2011

52.204-13 52.223-10 System for Award Management Maintenance

Waste Reduction Program

JUL 2013

MAY 2011

52.228-3

52.229-6 52.232-18 Workers compensation Insurance

Taxes--Foreign Fixed-Price Contracts

Availability of Funds

FEB 2013

APR 1984

52.237-2

52.237-7

52.237-10 52.242-13 Protection of Government Buildings, Equipment, And Vegetation Identification of Uncompensated Overtime Indemnification and Medical Liability Insurance Bankruptcy

APR 1984

JAN 1997

MAR 2015

JUL 1995

252.203-7002

Requirement to Inform Employees of Whistleblower Rights

SEP 2013

Officials

NOV 2011

252.204-7003

252.209-7004 Control of Government Personnel Work Product

Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country

APR 1992

OCT 2015

252.225-7012 252.225-7041 Preference For Certain Domestic Commodities

Correspondence in English

FEB 2013

JUN 1997

252.243-7001 252.243-7002 Pricing of Contract Modifications

Requests for Equitable Adjustment

DEC 1991

DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2015)

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

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

(b)(4) Technical Capability:

(A) Past Experience (limited to two pages per evidence): The offeror shall submit evidence of at least one (1) year of contract performance (or the past experience of a joint venture partner or key subcontractor that will perform major or critical aspects of the requirement, or past relevant experience of key personnel) during the previous five (5) years from the issuance date of the solicitation, where the offeror is/was responsible for performing counsel of individuals on their rights and responsiblities for medical/physical evaluation boards when their cases go before medical/physical evaluation boards and provided liaison/ administrative support for evaluation boards conducted at a hospital or clinic.

(b)(6) Price: Offerors shall insert a unit and extended price in Attachment 1, Pricing Schedule, for Contract Line Item Number (CLIN), except for the prefilled CLINs 0002, 1002, 2002, 3002 and 4002 as identified in the pricing schedule. Total amounts and the overall grand total shall include all prefilled CLINs. NOTE: Only DOLLAR currency offers will be accepted.

(b)(10) Past Performance: Offerors shall reference up to a total of three recent (within the past three years from the issuance date of the solicitation for a minimum of one year per referenced contract) and relevant (similar in scope/ magnitude) contracts by completing sections A. and B. of the Past Performance Questionnaire (PPQ), Attachment 4, one PPQ for each referenced contract. Offerors shall send the PPQs to the references two weeks prior to the due date of offers for completion. Offerors shall ensure that the references submit the PPQs directly to the following POCs not later than the closing date of offers, 25 May 2016: Claudia Ledig, email claudia.ledig.de@us.af.mil and Inge Jenkins, email ingeborg.jenkins.1.de@us.af.mil. A listing of these references shall be submitted with the proposal.

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/magnitude means the work must have been performing counsel of individuals on their rights and responsiblities for medical/physical evaluation boards when their cases go before medical/physical evaluation boards and provided liaison/ administrative support for evaluation boards conducted at a hospital or clinic for a minimum of one year For 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).

(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.

(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.

(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 authorized by the solicitation, it must be received in the stated addressees’ email inboxes not later than 16:00 hrs (4:00 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; there will be no trade-off.

The Evaluation Factors are:

(1) FACTOR 1 – Price

(2) FACTOR 2 – Technical Capability

(3) FACTOR 3 – Past Performance

(1) FACTOR 1 – Price. Offerors will be evaluated on the GRAND TOTAL price resulting from the total amounts of all CLINs 0001 and 0002 in the base period and all corresponding CLINs for the option periods. The GRAND TOTAL price for evaluation is inclusive of the prefilled CLINs 0002, 1002, 2002, 3002 and 4002. Only DOLLAR currency offers will be accepted. Unbalanced prices may serve as a basis for rejection of the proposal. The price evaluation will document the reasonableness of the total evaluated price. 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 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 – Technic Capability: Offerors will be evaluated on written documentation provided in accordance with paragraph (b)(4) of the Addendum to FAR 52.212-1, Instructions to Offerors – Commercial. Technical acceptability is based on successfully meeting this requirement. Each outlined subfactor will be rated “Acceptable” or “Unacceptable” as follows:

TECHNICAL CRITERIA RATINGS

Offerors must receive “Acceptable” rating for each subfactor to receive an overall “Acceptable” rating in the technical evaluation. In the event one or more subfactors receive an “Unacceptable” rating, the proposal will receive an overall “Unacceptable” rating in the technical evaluation.

(A) Past Experience: The submitted past experience evidence will be evaluated on the evidence of at least one year of contract performance from the issuance date of the solicitation during the previous five (5) years, where the offeror is/was responsible for performing counsel of individuals on their rights and responsiblities for medical/physical evaluation boards when their cases go before medical/physical evaluation boards and provided liaison/ administrative support for evaluation boards conducted at a hospital or clinic..

(2) FACTOR 3 – Past Performance. Past Performance will be evaluated 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 the purpose of assessing acceptable performance, ratings S (Satisfactory), G (Good) and E (Exceptional) assigned on the PPQs will be considered “Acceptable”. M (Marginal) and U (Unsatisfactory) will be considered “Unacceptable”.The rating is based upon offeror-provided references, received PPQs, or information obtained by the Government from any other sources of past performance information. Offeror must receive “Acceptable” rating to receive an award, as follows:

PAST PERFORMANCE

Acceptable (E, G, S) 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 (M, U) 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 past performance rating; the Government reserves the right to hold discussions at any point during the evaluation. The evaluation process is as follows:

(1) The Government will first evaluate all proposals for price, ranking the offerors from lowest to highest total evaluated price. Prices must be fair and reasonable to proceed with the past performance evaluation.

(2) Next, a technical and past performance evaluation will be performed beginning with the lowest priced offerors. Evaluations will stop when the first two lowest priced proposals, determined to be fair and reasonable, receive an acceptable, technical and past performance rating.

(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).

(d) 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).

(e) 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 (MAY 2015) Paragraph (k) Taxes is deleted.

(End of Provision) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (MAR 2016)

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

X (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (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).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 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]

___ (14) (i) 52.219-6, Notice of Total Small Business 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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) 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 (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting 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).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 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)).

___ (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)).

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

_X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 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).

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

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

http://www.ramstein.af.mil/shared/media/document/AFD-120523-002.pdf NOTE: Link must be copied and pasted to Internet Explorer to work ___ (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) (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.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (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.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (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:

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

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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.

(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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

(ix) 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.

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

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627) http://www.ramstein.af.mil/shared/media/document/AFD-120523-002.pdf

NOTE: Link must be copied and pasted to Internet Explorer to work

(xii) 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.)

(xiii) 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)

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 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.

(xviii) 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)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 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 700th 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 (JUN 2015)

(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.

(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:

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*

Alternate: To Be Determined

(**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:

- 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.

N/A (g) WAWF point of contact.

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

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 (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, Primary:

Mr. Douglas Guldan

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany

E-mail: douglas.guldan@us.af.mil

Tel: DSN: (314)480-2209 Fax: (49)-6731-47-2025

Alternate:

Ms. Heidi Hoehn

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany

E-mail: heidi.hoehn.de@us.af.mil

Tel: DSN: (314)480-9330 Fax: (49)-6731-47-2025

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/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)

(NOV 2012)

(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.

[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:

(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

(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…