ATCH_4_-_CLAUSES_-_REV_1.doc

REQUEST FOR QUOTATION HTC711-17-Q-R002

CLAUSES

The clauses listed below will be incorporated into Blanket Purchase Agreements (BPAs) issued as a result of this solicitation. The clauses may appear by reference or in full text in the BPA. The language in italics completes the blanks within the respective clause.

52.203-3

Gratuities

APR 1984

52.203-6

Restrictions on Subcontractor Sales to the Government

SEP 2006

52.203-6 Alt I

Restrictions on Subcontractor Sales to the Government

OCT 1995

52.203-13

Contractor Code of Business Ethics and Conduct

OCT 2015

52.203-19

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2016

52.204-18

Commercial and Government Entity Code Maintenance

JUL 2016

52.204-21

Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.209-6

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

52.209-9

Updates of Publicly Available Information Regarding Responsibility

Matters

JUL 2013

52.209-10

Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.212-4

Contract Terms and Conditions – Commercial Items

52.212-5

(DEV)

Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items (Deviation)

52.219-6

Notice of Total Small Business Set-Aside

NOV 2011

52.219-8

Utilization of Small Business Concerns

NOV 2016

52.219-14

Limitations on Subcontracting

52.219-28

Post-Award Small Business Program Representation

52.222-3

Convict Labor

JUN 2003

52.222-21

Prohibition of Segregated Facilities

APR 2015

52.222-26

Equal Opportunity

SEP 2016

52.222-35

Equal Opportunity Veterans

52.222-36

Affirmative Action for Workers with Disabilities

JUL 2014

52.222-37

Employment Reports on Veterans

FEB 2016

52.222-41

Service Contract Labor Standards

MAY 2014

52.222-42

Statement of Equivalent Rates for Federal Hires

This Statement is for Information Only: It is not a Wage Determination

Employee Class

Monetary Wage – Fringe Benefits

Pilot, GS-2181-11

$29.04

Co-Pilot, GS-2181-10

$26.44

Emergency Medical Technician (EMT), GS-5 $15.84

Registered Nurse II, Specialist, GS-9

$24.00

52.222-43

Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option)

52.222-50

Combating Trafficking in Persons

MAR 2015

52.222-54

Employment Eligibility Verification

52.222-55

Minimum Wages Under Executive Order 13658

DEC 2015

52.222-60

Paycheck Transparency (EO 13673)

52.223-18

Encouraging Contractor Policies to Ban Text Messaging While

Driving

AUG 2011

52.232-18

Availability of Funds

APR 1984

52.232-34

Payment by Electronic Funds Transfer – Other Than System for

Award Management

52.232-40

Providing Accelerated Payments to Small Business Contractors

DEC 2013

52.233-3

Protest After Award

AUG 1996

52.233-4

Applicable Law for Breach of Contract Claim

OCT 2004

52.237-7

Indemnification and Medical Liability Insurance

JAN 1997

For Medical Malpractice and General Liability, the contractor shall maintain during the term of the BPA, coverage issued by a responsible insurance carrier of not less than the amounts required by CAMTS and/or NAAMTA.

252.203-7000

Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7003

Agency Office of the Inspector General

DEC 2012

252.204-7012

Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015

Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000

Provision of Information to Cooperative Agreement Holders

DEC 1991

252.225-7043

Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

JUN 2015

(d) HQ AFSFC/SFOP, telephone DSN: 945-7035/36 or Commercial (210) 925-7035/36.

252.226-7001

Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003

Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7006

Wide Area Work Flow Payment Instructions

MAY 2013

252.232-7010

Levies on Contract Payments

DEC 2006

252.237-7010

Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002

Requests for Equitable Adjustment

DEC 2012

5552.247-9000

Air Safety

APR 2007

5552.247-9001

Requirement for Authorization to Engage in Air Transportation

AUG 2007

5552.247-9001 Alt II Requirement for Authorization to Engage in Air Transportation

AUG 2015

5552.247-9002

Contractor’s Failure to Provide Service

AUG 2015

5552.247-9002 Alt II Contractor’s Failure to Provide Service

AUG 2015

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

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

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

ECONOMIC PRICE ADJUSTMENT BASED ON ACTUAL COST OF FUEL – AIRLIFT

In order to protect the contractor and the government from significant market fluctuations in the price of fuel, an adjustment will be made based on actual costs incurred. Adjustments will be made as indicated below.

(a) Economic price adjustment (EPA) is limited to changes in the contractor’s cost for fuel only.

(b) Allowable fuel adjustments will be made upward or downward only if the price of fuel varies by more than one cent per gallon from the following pegged rate for fuel; adjustments will be made on a monthly basis:

Fuel Type

Pegged Rate (Base Price)

JP-8 / JP-5

$2.26

(1) When the average price per gallon paid by the contractor is greater than the established base price indicated above, the government will reimburse the contractor the difference between the price paid and the established base price.

(2) When the average price per gallon paid by the contractor is below the established base price indicated above, the contractor will reimburse the government the difference between the price paid and the established base price. Under these circumstances, the contracting officer will issue a demand letter and funds will be reimbursed as directed.

(c) Required reports for adjustments shall be received no later than 30 days after the month ends. A sample report format labeled, “Monthly Fuel Report Summary” is provided as an attachment to the Blanket Purchase Agreement (BPA).

(d) The actual average cost per gallon under this EPA clause shall be rounded to four decimal positions (e.g., $2.6308).

(e) For the Contracting Officer to consider a request for adjustment, the contractor shall submit data that clearly supports the request for adjustment. At a minimum, the contractor shall submit: 1) total mileage flown in performance of the USTRANSCOM BPA, 2) fuel costs associated with that performance, and 3) associated financial data or receipts, if requested by the Contracting Officer.

(f) Fuel adjustments will be made using the CLIN titled Fuel EPA Reimbursable. The following steps will be taken to determine the adjustment:

(1) The contractor’s fuel burn rate, established in the List of Aircraft in the BPA, is multiplied by the total mileage flown in performance of the BPA. In the case of a substitute aircraft not listed in the schedule, the lower burn rate of the substitute aircraft or the aircraft normally used in performance of the BPA shall be used.

(2) The product is then multiplied by the difference between the average price per gallon and the established base price in the BPA (also known as the variance).

Example:

Miles flown in support of the USTRANSCOM BPA = 23,654

Burn rate for aircraft type (in schedule) = 4.21 gallons per mile

Base price of fuel established in the contract = $2.50

Actual average cost per gallon - $2.6308

Calculation:

Miles * Burn Rate * EPA Price Variance = Adjustment

23,654 * 4.21 = 99,583.34 * $0.1308 = $13,025.50

CONTRACTING OFFICER'S REPRESENTATIVE

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

CLAUSES INCORPORATED BY REFERENCE

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.

AUTHORIZED DEVIATION IN CLAUSES

(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 (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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