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 52.203-18, Prohibitions on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representation (Jan 2017)

- 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 2018)

- FAR 52.204-13, System for Award Management Maintenance (Oct 2018)

- 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 (Oct 2018)

- FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

- 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 (Oct 2014)

- FAR 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2018)

- FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (Aug 2019)

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 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)

- FAR 52.204-10, Reporting Executive Compensation and First-tier Subcontract Awards (Oct 2018)

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

- FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

- FAR 52.219-8, Utilization of Small Business Concerns (Oct 2018)

- FAR 52.219-28, Post-Award Small Business Program Representation (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 (Jan 2019)

- 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 52.219-9, Small Business Subcontracting Plan (Aug 2018)

- FAR 52.219-16 Liquidated Damages – Subcontracting Plan (Jan 1999)

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

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

- FAR 52.247-34, FOB—Destination (Nov 1991)

- 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 252.211-7003, Item Unique Identification and Valuation (Mar 2016)

- DFARS 252.211-7008, Use of Government Assigned Serial Numbers (Sep 2010)

- DFARS 252.215-7008, Only One Offeror (Jun 2019)

- DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) - Basic (May 2019)

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

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

- DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Apr 2019)

- DFARS 252.227-7015, Technical data – Commercial Items (Feb 2014)

- DFARS 252.227-7037, Validation of Restrictive on Techncial Data (Sep 2016)

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

- DFARS 252.225-7048, Export Controlled Items (Jun 2013)

- 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 252.246-7008, Sources of Electronic Parts (May 2018)

- 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)

Contract Minimum/Maximum Quantity and Contract Value

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

Minimum Quantity:

The requirements identified in delivery order 0001

Maximum Qantity:

Cumulative contract value of all orders shall not exceed $7,000,000.00

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

52.204-24, Representation Regarding Certain Telecommunications and Video Sureillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this provision--

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

52.216-19, Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $1,000,000.00;

(2) Any order for a combination of items in excess of $3,500,000.00; or

(3) A series of orders from the same ordering office within five (5) calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22, Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 1 December 2023.

52.222-22, 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.

52.225-18, Place of Manufacture (Aug 2018)

(a) Definitions. As used in this provision—

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

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/ 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.

http://farsite.hill.af.mil/ http://www.acquisition.gov/ http://farsite.hill.af.mil/ http://www.acquisition.gov/

(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:

252.216-7006 – Ordering (May 2011)

a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from the date of award of the basic contract for five (5) calendar years.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

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 FA9101 Ship To Code See Schedule Ship From Code N/A Mark For Code See Schedule Service Approver (DoDAAC) FA9101 Service Acceptor (DoDAAC) FA9101 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 desiree.craig.2@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.

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.

mailto:william.hunter.9@us.af.mil mailto:desiree.craig.2@us.af.mil mailto:william.hunter.9@us.af.mil