Atch_02,_FAR,_DFARS,_AFFARS_Prov_and_Clauses.pdf

The following Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement

(DFARS) and Air Force Federal Acquisition Regulation Supplement (AFFARS) provisions and clauses apply to this solicitation and are incorporated by reference:

- FAR 52.203-3, Gratuities (Apr 1984)

- FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep

2007)

- FAR 52.203-12, Limitations on Payments to Influence Certain Federal Transactions (Oct 2010)

- FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Apr 2014)

- FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

- FAR 52.204-7, System for Award Management (Oct 2016)

- FAR 52.204-13, System for Award Management Maintenance (Oct 2016)

- FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016)

- FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016)

- FAR 52.209-7, Information Regarding Responsibility Matters (Jul 2013)

- FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

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

- FAR 52.211-14, Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program

Use (Apr 2008)

- FAR 52.211-17, Delivery of Excess Quantities (Sep 1989)

- FAR 52.212-1, Instructions to Offerors—Commercial Items (DEVIATION 2018-O0013) (Aug 2018)

- FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, Alternate I (Aug 2018)

- FAR 52.212-4, Contract Terms and Conditions—Commercial Items (Jan 2017)

- FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items (Aug 2018)

Under FAR 52.212-5(b)

- FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate 1 (Oct

1995)

- FAR 52.204-10, Reporting Executive Compensation and First-tier Subcontract Awards (Oct 2016)

- FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

- FAR 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)

- FAR 52.219-8, Utilization of Small Business Concerns (Nov 2016)

- FAR 52.219-14, Limitation on Subcontracting (Jan 2017)

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

- FAR 52.222-3, Convict Labor (Jun 2003)

- FAR 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018)

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

- FAR 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246)

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

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

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

- FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

- FAR 52.222-50, Combating Trafficking in Persons (Mar 2015)

- FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

- FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

- FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

- FAR 52.228-5, Insurance—Work on a Government Installation (Jan 1997)

- FAR 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013)

- FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

- FAR 52.237-2, Protection of Government Buildings, Equipment, and Vegatation (Apr 1984)

- DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011)

- DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

- DFARS 252.203-7003, Agency Office of the Inspector General (Dec 2012)

- DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011)

- DFARS 252.204-7003, Control of Government Personnel Work Product (Apr 1992)

- DFARS 252.204-7015, Notice of Authorized Disclosure of Information by Litigation (May 2016)

- DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (Dec 1991)

- DFARS 252.209-7004, Subcontracting with Firms That Are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (Oct 2015)

- DFARS 252.225-7002, Qualifying Country Sources as Subcontractors (Dec 2017)

- DFARS 252.225-7012, Preference for Certain Domestic Commodities (Dec 2017)

- DFARS 252.225-7021, Trade Agreements (Dec 2017)

- DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns (Sep 2004)

- DFARS 252.232-7003, Electronic Submission of Payment Requests (Jun 2012)

- DFARS 252.232-7010, Levies on Contract Payments (Dec 2006)

- DFARS 252.243-7001, Pricing of Contract Modifications (Dec 1991)

- DFARS 252.243-7002, Requests for Equitable Adjustment (Dec 2012)

- DFARS 252.244-7000, Subcontracts for Commercial Items (Jun 2013)

- DFARS 252.246-7000, Material Inspection and Receiving Report (Mar 2008)

- DFARS 252.247-7023, Transportation of Supplies by Sea—Basic (Apr 2014)

- AFFARS 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (Nov 2012)

- AFFARS 5352.223-9001, Health and Safety on Government Installations (Nov 2012)

The following FAR provisions and clauses apply to this solicitation and are incorporated in full text:

Previous Contracts and Compliance Reports (Feb 1999)

The offeror represents that --

(a) It * has, * has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It * has, * has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

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): ttp://farsite.hill.af.mil/ and https://www.acquisition.gov.

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/ and https://www.acquisition.gov.

52.252-5, Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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 Defense Federal Acquisition Regulation Supplement (48

CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

The following DFARS clauses apply and are incorporated in full text:

DFARS 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 System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Combo

(Contracting Officer: Insert applicable document type(s).

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, Holloman AFB, NM

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F67100

Issue By DoDAAC FA9101

Admin DoDAAC FA9101

Inspect By DoDAAC F2ETGT

Ship To Code F2ETGT

Ship From Code N/A

Mark For Code F2ETGT

Service Approver (DoDAAC) F2ETGT

Service Acceptor (DoDAAC) F2ETGT

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS

Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send

Additional Email Notifications” field of WAWF once a document is submitted in the system.

william.hunter.9@us.af.mil

TBD

(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.

William K. Hunter, Contracting Officer, 575-572-1245, william.hunter.9@us.af.mil

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

The following AFFARS clauses apply and are incorporated in full text:

AFFARS 5352.201-9101, Ombudsman (Jun 2016)

(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, Air

Force Test Center Vice Commander, AFTC/CV, 1 South Rosamond Boulevard, Edwards AFB, CA 93524-

3784. 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.

AFFARS 5352.242-9000, Contractor Access to Air Fore Installations (Nov 2012)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and any additional information required by the 49th Security Forces

Squadron to obtain a vehicle pass.

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

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with 49th Security Forces instructions citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

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