Solicitation - FA520922Q0053.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

Solicitation/Contract Form

Source Water Monitoring for CZ and SGD

Proposal Identifier: FA520922Q0053 Date: 27 Jun 2022

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Qty Unit Unit Price

Amount

Source water monitoring for bacteriological contaminants at Camp Zama and Sagami General Depot

See Pricing Exhibit for details.

The contractor shall provide all necessary labor, personnel, supervision, management, tools, equipment, transportation, materials, and any other items or services necessary to perform monitoring for source water at the wells at Kurihara-Serizawadani, at Sagami General Depot in accordance with this Performance Work Statement (PWS), commercial practice and applicable Japanese environmental laws, regulations, and guidance.

Period of Performance: 1 Sep 22 to 31 Aug 23

Product Service Code: F103 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

Source water monitoring for bacteriological contaminants at Camp Zama and Sagami General Depot

See Pricing Exhibit for details.

The contractor shall provide all necessary labor, personnel, supervision, management, tools, equipment, transportation, materials, and any other items or services necessary to perform monitoring for source water at the wells at Kurihara-Serizawadani, at Sagami General Depot in accordance with this Performance Work Statement (PWS), commercial practice and applicable Japanese environmental laws, regulations, and guidance.

Period of Performance: 1 Sep 23 to 31 Aug 24

Product Service Code: F103 Pricing Arrangement: Firm Fixed Price

1 Lot

Description/Specifications/Statement of Work

Requirements Groundwater Monitoring CZ and SGD (New)

Groundwater Monitoring for Bacteriological Contaminants at Camp Zama(CZ) and Sagami General Depot(SGD)

Packaging and Marking

Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See attached PWS for actual locations.

DoDAAC: WT5J0M CountryCode: USA

W6CY USAG JAPAN

SUP BR ENGR SUP DIV DPW

UNIT 45006

APO

AP 96343-5006

UNITED STATES

Ms Tomoe Oda Email: tomoe.oda.ln@army.mil Telephone: 046-407-3630

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See attached PWS for actual locations.

DoDAAC: WT5J0M CountryCode: USA

W6CY USAG JAPAN

SUP BR ENGR SUP DIV DPW

UNIT 45006

APO

AP 96343-5006

UNITED STATES

Ms Tomoe Oda Email: tomoe.oda.ln@army.mil Telephone: 046-407-3630

Deliveries or Performance

Line Item Delivery Schedule QTY Address and POC

Period of Performance From 01 Sep 2022 To 31 Aug 2023

1 Lot Place of Performance DoDAAC: WT5J0M CountryCode: USA

W6CY USAG JAPAN

SUP BR ENGR SUP DIV DPW

UNIT 45006

APO

AP 96343-5006

UNITED STATES

Ms Tomoe Oda Email: tomoe.oda.ln@army.mil Telephone: 046-407-3630

Option Line Item

Period of Performance From 01 Sep 2023 To 31 Aug 2024

1 Lot Place of Performance DoDAAC: WT5J0M CountryCode: USA

W6CY USAG JAPAN

SUP BR ENGR SUP DIV DPW

UNIT 45006

APO

AP 96343-5006

UNITED STATES

Ms Tomoe Oda Email: tomoe.oda.ln@army.mil Telephone: 046-407-3630

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. Feb 2019

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) As used in this clause- Definitions.

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.

S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS

QUANTITY

TOTAL ____ ____ ____

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2 in 1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(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: HQ0671 Issue By DoDAAC: FA5209 Admin DoDAAC: FA5209 Inspect By DoDAAC: N/A Ship To Code: N/A Ship From Code: N/A Mark For Code: N/A Service Approver (DoDAAC): WT5J0M Service Acceptor (DoDAAC): N/A Accept at Other DoDAAC: N/A LPO DoDAAC: N/A DCAA Auditor DoDAAC: N/A Other DoDAAC(s): N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

junko.ohke.ln@mail.mil tomoe.oda.ln@mail.mil kaori.kanematsu.jp@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

252.232-7007 Limitation of Government's Obligation. Apr 2014

As prescribed in 232.706-70, use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) To Be Determined (TBD) is/are incrementally funded. For this/these item(s), the sum of Y/$ TBD of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph

(a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract Y/$ TBD (month) (day), (year) Y/$ TBD (month) (day), (year) Y/$ TBD (month) (day), (year) Y/$ TBD

Special Contract Requirements

Contract Clauses

Addendum to FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2021)

(C) Changes. The text is deleted and replaced as follows:

FAR 52.217-8, Option to Extend Services and FAR 52.217-9, Option to Extend the Terms of the Contract, have been added by addendum to this contract. In accordance with terms and conditions of the clause, the Contracting Officer may unilaterally exercise any option(s). All other changes to the terms and conditions of this contract shall be made only by written agreement of the parties.

(k) Taxes. The text is deleted and replaced as follows:

(1) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the Government of Japan have agreed shall not be applicable to expenditures in Japan by or on behalf of the United States.

(2) The Status of Forces Agreement between the Japan and the United States and implementing the Japanese laws authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces. Those taxes include (1) Consumption tax, (2) Gasoline tax and local road tax on gasoline, (3) Diesel oil tax, and (4) Liquefied petroleum gas tax.

(3) The Contractor will submit requests for gasoline or diesel oil tax exemption certificate to the Contracting Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to support the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the Contractor a tax exemption certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract.

(w) Conciliation. Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the Contractor shall be made in accordance with the following procedures:

(1) In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the clause of this contract entitled, "Disputes" and within the time limits described therein before filing a request for conciliation with the Joint Committee and then request the appellate authority under the "Disputes" clause to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(2) The request for conciliation will be submitted by the Contractor through the nearest Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

(3) In the event the disagreement submitted to the Joint Committee under subparagraph (2) above has been resolved through conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the clause of this contract entitled, "Disputes", of the settlement of the dispute and to withdraw his appeal.

(4) In the event the Contractor has submitted a request for conciliation to the Joint Committee under subparagraph (2) above desires, notwithstanding tendency of his request for conciliation, that action by the appropriate authority under the clause of this contract entitled, "Disputes", be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the Contractor of his action taken hereunder.

(5) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled, "Disputes", has been rendered. Pending the hearing of the conciliation panel, the Contractor shall proceed diligently with the performance of the contract in accordance with the Contracting Officer's decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file in a civil suit.

(End of clause)

DFARS 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States 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 nontransitory 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 374aw.

atfp@us.af.mil or DSN 225-6340.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2021 52.225-14 Inconsistency between English Version and Translation of Contract. Feb 2000 52.228-3 Workers’ Compensation Insurance (Defense Base Act). Jul 2014 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

Oct 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2021

252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.225-7041 Correspondence in English. Jun 1997 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. Jun 2015 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Items. Jan 2021

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. May 2022

As prescribed in , insert the following clause:12.301(b)(4)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by (a) reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, (1) (JAN 2017) Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (2) Covered Entities (Section 1634 of Pub. L. 115-91).(NOV 2021)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (3) (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (NOV 2015)

52.233-3, Protest After Award (31 U.S.C. 3553).(5) (AUG 1996)

52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(6) (OCT 2004)

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in (b) this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 2402).(1) (JUN 2020), Alternate I (NOV 2021)

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (JUN 2010)

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(4) (JUN 2020)

[Reserved].(5)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(6) (OCT 2016)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(7) (OCT 2016)

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (8) (NOV

(31 U.S.C. 6101 note).2021)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(9) (OCT 2018)

[Reserved].(10)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (15 U.S.C. 657a).(11) (SEP 2021)

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (if the offeror elects to waive the (12) (SEP 2021) preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved](13)

(14) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)

Alternate I of 52.219-6.(ii) (MAR 2020)

(15) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)

Alternate I of 52.219-7.(ii) (MAR 2020)

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(16) (OCT 2018)

(17) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) (NOV 2021)

Alternate I of 52.219-9.(ii) (NOV 2016)

Alternate II of 52.219-9.(iii) (NOV 2016)

Alternate III of 52.219-9.(iv) (JUN 2020)

Alternate IV of 52.219-9.(v) (SEP 2021)

(18) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)

Alternate I of 52.219-13.(ii) (MAR 2020)

52.219-14, Limitations on Subcontracting (15 U.S.C. 637s).(19) (SEP 2021)

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(20) (SEP 2021)

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.S.C. 657f).(21) (SEP 2021)

(22) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(i) (SEP 2021)

Alternate I of 52.219-28.(ii) (MAR 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (23) (SEP

(15 U.S.C. 637(m)).2021)

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (24)

Small Business Program (15 U.S.C. 637(m)).(SEP 2021)

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(25) (MAR 2020)

52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(26) (SEP 2021)

52.222-3, Convict Labor (E.O.11755).(27) (JUN 2003)

52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(28) (JAN 2022)

52.222-21, Prohibition of Segregated Facilities .(29) (APR 2015)

(30) 52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)

Alternate I of 52.222-26.(ii) (FEB 1999)

(31) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)

Alternate I of 52.222-35.(ii) (JUL 2014)

(32) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)

Alternate I of 52.222-36.(ii) (JUL 2014)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) JUN 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(34) (DEC 2010)

(35) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (NOV 2021)

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

52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (36) (MAY 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(37) 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 (i) applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (MAY 2008)

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).(38)

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(39) (JUN 2016)

(40) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (E.O.s 13423 and 13514).(i) (JUN 2014)

Alternate I of 52.223-13.(ii) (OCT 2015)

(41) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O.s 13423 and 13514).(i) (JUN 2014)

Alternate I (Jun2014) of 52.223-14.(ii)

52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(42) (MAY 2020)

(43) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s 13423 and 13514).(i) (OCT 2015)

Alternate I of 52.223-16.(ii) (JUN 2014)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(44) (JUN 2020)

52.223-20, Aerosols (E.O. 13693).(45) (JUN 2016)

52.223-21, Foams (Jun2016) (E.O. 13693).(46)

(47) 52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)

Alternate I of 52.224-3.(ii) (JAN 2017)

52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(48) (NOV 2021)

(49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 (i) (NOV 2021) 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.

Alternate I of 52.225-3.(ii) ( 2021)JAN

Alternate II of 52.225-3.(iii) ( 2021)JAN

Alternate III of 52.225-3.(iv) ( 2021)JAN

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (OCT 2019) et seq

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (FEB 2021)

Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52)

Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).(54)

52.229-12, Tax on Certain Foreign Procurements .(55) (FEB 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 2307(56) (NOV 2021)

(f)).

52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(57) (NOV 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(58) (OCT2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(59)

52.232-36, Payment by Third Party (31 U.S.C. 3332).(60) (MAY 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(61) (AUG 1996)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(62) (JAN 2017)

(63) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (NOV 2021)

Alternate I of 52.247-64.(ii) (APR 2003)

Alternate II of 52.247-64.(iii) (NOV 2021)

The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ ]Contracting Officer check as appropriate.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG 2018)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4)

C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5)

Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014)

(41 U.S.C. chapter 67).

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (JAN 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

. The Contractor shall comply with the provisions of this paragraph (d) if this contract was (d) Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right (1) to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) 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.

As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) 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) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(i) (NOV 2021)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division (ii) E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (iii) Covered Entities (Section 1634 of Pub. L. 115-91).(NOV 2021)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (iv) (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further (v) (OCT 2018) subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

52.222-21, Prohibition of Segregated Facilities .(vi) (APR 2015)

52.222-26, Equal Opportunity (E.O.11246).(vii) (SEP 2015)

52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(viii) (JUN 2020)

52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(ix) (JUN 2020)

52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(x) (JUN 2020)

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required (xi) (DEC 2010) in accordance with paragraph (f) of FAR clause 52.222-40.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(xii) (AUG 2018)

(xiii) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (NOV 2021)

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(B) (MAR 2015)

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or (xiv) Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (xv) (41 U.S.C. chapter 67).(MAY 2014)

52.222-54, Employment Eligibility Verification (E.O. 12989).(xvi) (MAY 2022)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(xvii) (JAN 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(xviii) (JAN 2022)

(xix) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)

Alternate I of 52.224-3.(B) (JAN 2017)

52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of (xx) (OCT 2016) the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in (xxi) (JUN 2020) accordance with paragraph (e) of FAR clause 52.226-6.

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). (xxii) (NOV 2021) Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number (2) of additional clauses necessary to satisfy its contractual obligations.

52.217-8 Option to Extend Services. Nov 1999

As prescribed in 17.208(f), insert a clause substantially the same as the following:

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. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. 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 30 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. Mar 2000

As prescribed in 17.208(g), insert a clause substantially the same as the following:

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 the period of performance of the contract;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 30 months.

(End of clause)

Supplemental Clauses Incorporated by Full Text

5352.201-9101 PACAF Ombudsman Oct 2019

(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.