Solicitation - FA564122R0004.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Created On: 14 Jul 2022, 05:26 PM Central European Time

Section A - Solicitation/Contract Form

A&AS V

Proposal Identifier: FA564122R0004 Date: 27 Jun 2022

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Government Obligation to Order Maximum: 900,000,000.00 Dollars, U.S. Allowed Per Order Minimum: 2,000.00 Dollars, U.S.

Maximum: 995,000,000.00 Dollars, U.S.

Item Supplies/Service Qty Unit Unit Price

Amount

Labor - FFP with SOFA Status This CLIN is for non-personal advisory and assistance services in support of the USAFE A&AS V Performance Work Statement. FFP requirements with SOFA Status will be issued against this CLIN. Multiple payments are authorized for this CLIN.

Ordering Period: 60 months after date of award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799 Firm Fixed Price

Pricing Arrangement: Firm Fixed Price

Months

Labor - FFP without SOFA Status This CLIN is for non-personal advisory and assistance services in support of the USAFE A&AS V Performance Work Statement. FFP requirements without SOFA Status will be issued against this CLIN. Multiple payments are authorized for this

CLIN.

Ordering Period: 60 months after date of award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799 Firm Fixed Price

Pricing Arrangement: Firm Fixed Price

Months

Labor - CPFF with SOFA Status This CLIN is for non-personal advisory and assistance services in support of the USAFE A&AS V Performance Work Statement. CPFF requirements with SOFA Status will be issued against this CLIN. Multiple payments are authorized for this

CLIN.

Ordering Period: 60 months after date of award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799 Cost Plus Fixed Fee

Pricing Arrangement: Cost Plus Fixed Fee

Months

Labor - CPFF without SOFA Status This CLIN is for non-personal advisory and assistance services in support of the USAFE A&AS V Performance Work Statement. CPFF requirements without SOFA Status will be issued against this CLIN. Multiple payments are authorized for this

CLIN.

Ordering Period: 60 months after date of award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799 Cost Plus Fixed Fee

Pricing Arrangement: Cost Plus Fixed Fee

Months

Labor - CPFF-LOE with SOFA Status This CLIN is for non-personal advisory and assistance services in support of the USAFE A&AS V Performance Work Statement. CPFF-LOE requirements with SOFA Status will be issued against this CLIN. Multiple payments are authorized for this

CLIN.

Ordering Period: 60 months after date of award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799 Cost Plus Fixed Fee - Level of Effort

Pricing Arrangement: Cost Plus Fixed Fee

Months

Labor - CPFF-LOE without SOFA Status This CLIN is for non-personal advisory and assistance services in support of the USAFE A&AS V Performance Work Statement. CPFF-LOE requirements without SOFA Status will be issued against this CLIN. Multiple payments are authorized for this CLIN.

Ordering Period: 60 months after date of award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799 Cost Plus Fixed Fee - Level of Effort

Pricing Arrangement: Cost Plus Fixed Fee

Months

Labor - CR with SOFA Status This CLIN is for non-personal advisory and assistance services in support of the USAFE A&AS V Performance Work Statement. CR requirements with SOFA Status will be issued against this CLIN. Multiple payments are authorized for this CLIN.

Ordering Period: 60 months after date of award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799 Cost Reimbursement

Pricing Arrangement: Cost No Fee

Months

Labor - CR without SOFA Status This CLIN is for non-personal advisory and assistance services in support of the USAFE A&AS V Performance Work Statement. CR requirements without SOFA Status will be issued against this CLIN. Multiple payments are authorized for this

CLIN.

Ordering Period: 60 months after date of award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799 Cost Reimbursement

Pricing Arrangement: Cost No Fee

Months

Labor - Labor Hour with SOFA Status This CLIN is for non-personal advisory and assistance services in support of the USAFE A&AS V Performance Work Statement. Labor Hour requirements with SOFA Status will be issued against this CLIN. Multiple payments are authorized for this CLIN.

Ordering Period: 60 months after date of award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799 Labor Hour

Pricing Arrangement: Labor Hour

Months

Labor - Labor Hour without SOFA Status This CLIN is for non-personal advisory and assistance services in support of the USAFE A&AS V Performance Work Statement. Labor Hour requirements without SOFA Status will be issued against this CLIN. Multiple payments are authorized for this CLIN.

Ordering Period: 60 months after date of award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799 Labor Hour

Pricing Arrangement: Labor Hour

Months

Travel This CLIN is for Government direct travel in support of CLINs 0001-0007. All travel costs shall be in accordance with USAFE A&AS V PWS. G&A is authorized but profit is not authorized.

Multiple payments are authorized for this CLIN.

Ordering Period: 60 months after award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799

Pricing Arrangement: Cost No Fee

1 Each

Other Direct Costs (All Zones) This CLIN is for Other Direct Costs (ODCs) in support of CLINs 0001-0010. The Government may provide a funded amount per task order. G&A and profit are not authorized. Multiple payments are authorized for this

CLIN.

Ordering Period: 60 months after award Individual periods of performance will be established at the Task Order level.

Product Service Code: R799

Pricing Arrangement: Cost No Fee

1 Months

Training This CLIN is for training in support of CLINs 0001-0006. All training shall be IAW USAFE A&AS IV PWS Para. 4.2.1 and as specified in individual task orders. G&A is authorized but profit is not authorized.

Multiple payments are authorized for this CLIN.

Ordering Period: 60 months after award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799

Pricing Arrangement: Cost No Fee

1 Months

POST AWARD CONFERENCE

1. This is a ONE-TIME USE CLIN established to meet the minimum order requirements ($2,000) as stated in FAR clause 52.216-19 of this contract.

Pricing Arrangement: Firm Fixed Price

Each

Transition Period This CLIN is for contractor transition in support of CLINs 0001-0010. The transition period shall be IAW the task order PWS and USAFE A&S V PWS.

Ordering Period: 60 months after award Individual Periods of Performance will be established at the Task Order level.

Product Service Code: R799

Pricing Arrangement: Firm Fixed Price

Months

Data (Not Separately Priced)

1. The contractor shall provide data IAW the Contract Data Requirements Lists, DD Form 1423 in Section J. Specific requirements shall be defined within the individual

0016 Task Orders.

2. Ordering Period: 60 months after award.

3. Period of Performance of IDIQ: 84 months after award.

4. Period of Performance of Task Orders: TO BE SPECIFIED IN THE TASK

ORDERS

Pricing Arrangement: Firm Fixed Price

10 Each

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.229-7006 Value Added Tax Exclusion (United Kingdom) Dec 2011 252.229-7007 Verification of United States Receipt of Goods. Jun 1997

Section C - Description/Specifications/Statement of Work

Offerors shall comply with the Performance Work Statement in Section J.

Requirements Advisory and Assistance Services

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. Aug 1996 52.246-5 Inspection of Services-Cost-Reimbursement. Apr 1984 52.246-6 Inspection-Time-and-Material and Labor-Hour. May 2001

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. Apr 2012

DFARS Clauses Incorporated by Full Text

252.229-7003 Tax Exemptions (Italy). Mar 2012

As prescribed in 229.402-70(c)(1), use the following clause:

TAX EXEMPTIONS ( ITALY ) (MAR 2012)

(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.

(b) The United States Government is exempt from payment of ( ) tax in accordance with Article 72 of the Imposta Valore Aggiunto IVA IVA implementing decree on all supplies and services sold to United States Military Commands in Italy .

(1) The Contractor shall include the following information on invoices submitted to the United States Government:

( ) The contract number.i

(ii) The tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972 . IVA

(iii) The following fiscal code(s): [Contracting Officer must insert the applicable fiscal code(s) for military activities 91000190933 within Italy : 80028250241 for Army, 80156020630 for Navy, or 91000190933 for Air Force].

(2)( ) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:i

"I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the tax, because this transaction is IVA not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972 ."

An authorized United States Government official will sign the copy of the invoice containing this certification.

(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the tax.IVA

(iii) The Contractor shall retain the certified copy to substantiate non-payment of the tax. IVA

(3) The Contractor may address questions regarding the tax to the Ministry of Finance, Office, Rome (06) 520741. IVA IVA

(c) In addition to the tax, purchases by the United States Forces in Italy are exempt from the following taxes: IVA

(1) (Production Tax for Petroleum Products). Imposta di Fabbricazione

(2) (Consumption Tax for Electrical Power). Imposta di Consumo

(3) (Customs Duties). Dazi Doganali

(4) e Merci per Via e per Via (Port Fees). Tassa di Sbarco d'Imbarco sulle Transportate Aerea Maritima

(5) de (Vehicle Circulation Tax). Tassa Circolazione sui Veicoli

(6) (Registration Tax). Imposta di Registro

(7) (Stamp Tax). Imposta di Bollo

(End of clause)

Section F - Deliveries or Performance

Ordering Period shall not exceed 5 years Performance under a single Task Order Performance shall not exceed 5 years Performance under this contract shall not exceed 7 years

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. Aug 1989 52.242-15 Alternate I Stop-Work Order. - (Alternate I) Aug 1989

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced. Apr 2020 252.204-7006 Billing Instructions. Oct 2005 252.228-7003 Capture and Detention. Dec 1991 252.231-7000 Supplemental Cost Principles Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

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) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

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) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

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

(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.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

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 ____

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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.

POC’s will be identified for each task order

(Contracting Officer: Insert applicable information or "Not applicable.")

(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) is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule [Contracting Officer insert after negotiations] 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 $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

Section H - Special Contract Requirements

Section I - Contract Clauses

5352.201-9101 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.

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, [Insert names, addresses, telephone numbers, facsimile numbers, and e-mail addresses of Center/MAJCOM /DRU/AFRCO/SMC ombudsman/ombudsmen]. 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.

(End of clause)

5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITIES (MAY 2021)

This contract contains a DD Form 254, DOD Contract Security Classification Specification, and requires performance at a government location in the U.S. or overseas. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall take the following actions:

(a) At least thirty days prior to beginning operations, notify the Information Protection Office shown in the distribution block of the DD Form 254 as to:

(1) The name, address, and telephone number of this contract company's representative and designated alternate in the U.S. or overseas area, as appropriate;

(2) The contract number and military contracting command;

(3) The highest classification category of defense information to which contractor employees will have access;

(4) The Air Force installations in the U.S. (in overseas areas, identify only the APO number(s)) where the contract work will be performed;

(5) The date contractor operations will begin on base in the U.S. or in the overseas area;

(6) The estimated completion date of operations on base in the U.S. or in the overseas area; and,

(7) Any changes to information previously provided under this clause.

(End of clause)

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2019)

(a) The following restrictions and definitions apply to prevent conflicting roles which may bias the Contractor's judgment or objectivity, or to preclude the Contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions.

(1) Descriptions or definitions:

"Contractor" means the business entity receiving the award of this contract, its parents, affiliates, divisions and subsidiaries.

"Development" means all efforts towards solution of broadly-defined problems. This may encompass research, evaluating technical feasibility, proof of design and test, or engineering of programs not yet approved for acquisition or operation.

"Proprietary Information" means all information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involve classified information.

"System" means the system that is the subject of this contract.

"System Life" means all phases of the system's development, production, or support.

"Systems Engineering" means preparing specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design.

"Technical Direction" means developing work statements, determining parameters, directing other Contractors' operations, or resolving technical controversies.

(2) Restrictions: The Contractor shall perform systems engineering and/or technical direction, but will not have overall contractual responsibility for the system's development, integration, assembly and checkout, or production. The parties recognize that the Contractor shall occupy a highly influential and responsible position in determining the system's basic concepts and supervising their execution by other Contractors. The Contractor's judgment and recommendations must be objective, impartial, and independent. To avoid the prospect of the Contractor's judgment or recommendations being influenced by its own products or capabilities, it is agreed that the Contractor is precluded for the life of the system from award of a DoD contract to supply the system or any of its major components, and from acting as a subcontractor or consultant to a DoD supplier for the system or any of its major components.

(End of clause) ALTERNATE I (OCT 2019). As prescribed in AFFARS 5309.507-2(a)(2), either substitute paragraph (a)(2) of the basic clause with one or both of the following paragraphs, or use one or both in addition to the basic paragraph (a)(2). Use these paragraphs substantially as written.

(a)(2)(i) The Contractor shall prepare and submit complete specifications for non-developmental items to be used in a competitive acquisition. The Contractor shall not furnish these items to the DoD, either as a prime or subcontractor, for the duration of the initial production contract plus (insert a specific period of time or an expiration date).

(a)(2)(ii) The Contractor shall either prepare or assist in preparing a work statement for use in competitively acquiring the (identify the system or services), or provide material leading directly, predictably, and without delay to such a work statement. The Contractor may not supply (identify the services, the system, or the major components of the system) for a period (state the duration of the constraint, however, the duration of the initial production contract shall be the minimum), as either the prime or subcontractor unless it becomes the sole source, has participated in the design or development work, or more than one Contractor has participated in preparing the work statement.

ALTERNATE II (OCT 2019). As prescribed in AFFARS 5309.507-2(a)(3), either substitute paragraph (a)(2) of the basic clause with the following paragraph, or add the following in addition to the basic restriction. Renumber the paragraphs as needed if more than one restriction applies. Use this paragraph, substantially as written.

(a)(2) The Contractor shall participate in the technical evaluation of other Contractors' proposals or products. To ensure objectivity, the Contractor is precluded from award of any supply or service contract or subcontract for the system or its major components. This restriction shall be effective for (insert a definite period of time). This does not apply to other technical evaluations concerning the system.

ALTERNATE III (OCT 2019). As prescribed in AFFARS 5309.507-2(a)(4), add the following paragraph (b) to the basic clause substantially as written:

(b) The Contractor may gain access to proprietary information of other companies during contract performance.

The Contractor agrees to enter into company-to-company agreements to: (1) protect another company's information from unauthorized use or disclosure for as long as it is considered proprietary by the other company; and, (2) to refrain from using the information for any purpose other than that for which it was furnished. For information purposes, the Contractor shall furnish copies of these agreements to the contracting officer. These agreements are not intended to protect information which is available to the Government or to the Contractor from other sources and furnished voluntarily without restriction.

ALTERNATE IV (OCT 2019). As prescribed in AFFARS 5309.507-2(a)(5), add the following paragraph (b) to the basic clause. If Alternate III is also used, renumber this to paragraph (c).

(b) The Contractor agrees to accept and to complete all issued task orders, and not to contract with Government prime Contractors or first-tier subcontractors in such a way as to create an organizational conflict of interest.

ALTERNATE VI (OCT 2019). As prescribed in AFFARS 5309.507-2(a)(7), add the following paragraph (b) to the basic clause substantially as written. If either Alternate III or IV or both are used, renumber this paragraph accordingly.

(b) The above restrictions shall be included in all subcontracts, teaming arrangements, and other agreements calling for performance of work which is subject to the organizational conflict of interest restrictions identified in this clause, unless excused in writing by the contracting officer.

5352.228-9101 Insurance Certificate Requirement in Spain (USAFE)

INSURANCE CERTIFICATE REQUIREMENT IN SPAIN (USAFE) (OCT 2019)

(a) Below follows the Insurance Certificate required for any Third Country National (TCN) contractor, other than U.S. or Spanish, required for use under this contract. The certificate is provided to standardize base access procedures. It must be completed and signed by the policyholder and the insurer.

(b) The amount of coverage minimum is 90,151.82 Euros per insured party (personal injury), 60,101.21 Euros per accident (property damage), and 6, 010.12 Euros security deposit for legal fees. In all cases the amount of coverage, if different from the above amounts, will be determined by the insurer, except in situations where the minimum coverage applies.

(c) The request for base access and the insurance certificate should be processed in accordance with DoD Foreign Clearance Guide instructions for Spain.

(d) Complete the following certification:

Certificate of Insurance

CERTIFICATE OF INSURANCE COVERAGE OF THE CIVIL LIABILITY REFERRED TO UNDER

ARTICLE 5 OF ANNEX 6 TO THE AGREEMENT BETWEEN THE KINGDOM OF SPAIN AND THE

UNITED STATES OF AMERICA ON COOPERATION FOR THE DEFENSE.

The insurance Company_______________________________________________with legal domicile in _______________________________________________________________ Tel:

__________________________of Spanish/US nationality, registered in the Mercantile Registry of_______________________________________

Date:____________________, Number________, Book:_______, Section _____, Volume________, Page_______.

CERTIFIES

That (insert contractor or company name) of ___________ nationality has contracted with this company Policy Number_______________ of civil liability against damages to persons or property which could arise from actions or omissions committed by any of their employees in the performance of their official functions /professional activities in Spain because of the contracts signed with U.S. Forces, and during the visit which, in respect of such contract, they may make to Spain, according to the general conditions in force for this type of insurance and also to the special conditions created for this purpose in the Spanish-U.S. Permanent Committee;

that said company has paid the premium according to the agreed conditions; and that such Policy is in force.

The Policy establishes as coverage of the mentioned risks the following amounts:

INDEMNITY LIMITS:

- For casualty: --------------------------601,012.10 Euros

With the following sub-limits for each injured person:

- For personal liability: ----------------90,151.82 Euros

- For property damage: ---------------- 60,101.21 Euros

- For Judiciary Bond: -------------------- 6,010.12 Euros

The granted coverage is effective from ________________ through________________, and does not include any type of franchise, or similar limitation, to be deducted from the mentioned guarantees or any clause which requires the submission to any type of arbitration. The underwriting insurance company considers that the established amounts adequately cover the insured risks.

The policy sets forth the following clauses:

1. "The insurance company waives any right of subrogation against the United States of America which may arise by reason of any payment under this Policy."

2. "The parties hereto explicitly agree to submit to the jurisdiction of the Spanish Courts of Law and to the Spanish Laws to settle any matter related to the construction or enforcement of the clauses and conditions of this Policy."

IN WITNESS HEREOF, the present document is signed in______________________________,on the____________of_____________20____

For the Insured Company (signature) For the Insurance (signature)

(Courtesy Translation)

Certificado de Cobertura de Seguro

CERTIFICADO DE COBERTURA DE SEGURO DE LA RESPONSABILIDAD CIVIL A QUE SE REFIERE

EL ARTICULO 5 DEL ANEXO 6 AL CONVENIO ENTRE EL REINO DE ESPANA Y LOS ESTADOS

UNIDOS DE AMERICA SOBRE COOPERACION PARA LA DEFENSA.

La Compania de Seguros ______________________________________ con domicilio social en la Calle/Avda.

/Pla. ____________________________________________________________________, Tlfo.:

_________________ , de nacionalidad espanola/norteamericana, inscrita en el Registro Mercantil de______________________________, fecha _________________, Numero ________, Libro _________, Seccion ______, Tomo _______, Folio_______.

CERTIFICA:

Que ___(nombre del individuo o la empresa)______________, de nacionalidad _________________________, tiene suscrita con esta Compania la Poliza numero ____________________________, de responsabilidad civil contra danos a personas y cosas que pudieran derivarse de acciones u omisiones realizadas por sus empleados en el desempeno de sus funciones oficiales/actividades profesionales en Espana con ocasion de su contracto con las Fuerzas de los EE.UU. y con la visita que en relacion con dicho contrato realicen sus empleados a Espana, segun las condiciones generales vigentes para este tipo de seguros y ademas las condiciones especiales elaboradas a este fin en el Comite Permanente Hispano-Norteamericano; habiendose satisfecho la prima segun las condiciones pactadas, y encontrandose dicha Poliza en vigor.

La Poliza establece como cobertura de los riesgos mencionados las siguientes cuantias:

LIMITES DE INDEMNIZACION:

- Por siniestro: -------------------------- 601.012,10 Euros

Con los siguientes sublimites por perjudicado:

- Por danos personales: ---------------- 90.151,82 Euros

- Por danos materiales: ---------------- 60.101,21 Euros

- Por fianzas judiciales: ----------------- 6.010,12 Euros

Las coberturas otorgadas son efectivas desde el ___________________________, hasta el _________________________, no incluyendose en las mismas ningun tipo de franquicia o limitacion similar a deducir de las garantias indicadas ni ninguna disposicion que requiera la sumision a cualquier tipo de arbitraje.

La Compania aseguradora que suscribe considera que las cuantias establecidas cubren adecuadamente los riesgos asegurados.

La Poliza establece las siguientes clausulas:

1. "La Compania Aseguradora renuncia a cualquier derecho de subrogacion contra los Estados Unidos de America que pueda provenir por razones diferentes a pago, bajo la Poliza epigrafiada."

2. "Las partes se someten expresamente a la jurisdiccion de los tribunales espanoles y al derecho espanol para resolver cualquier cuestion relativa a la interpretacion o aplicacion de las clausulas y condiciones de la Poliza."

Y para que conste a los efectos oportunos, se firma el presente en __________________ a _______________ de _____________ 20___.

Tomador: Asegurador:

(END OF CERTIFICATE)

(End of Clause)

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (OCT 2019)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC- 115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

5352.217-9000 Long Lead Limitation of Government Liability

(a) In performing this contract, the contractor is not authorized to make expenditures or incur obligations exceeding $[insert dollar amount].

(b) The maximum amount for which the Government shall be liable if this contract is terminated (i.e., costs already incurred and those associated with termination) is $[insert dollar amount].

(c) The contractor shall notify the contracting officer in writing whenever there is reason to believe that, within the next 60 days, the costs expected to be incurred under this contract, when added to all costs previously incurred, will exceed 75 percent of the total amount allotted to the contract by the Government. The notice shall state the estimated amount of additional funds required to continue performance for the specified schedule period, limited by the not-to-exceed contract value.

(d) Sixty days before the end of the specified schedule period, the contractor shall give notice to the contracting officer of the estimated amount of additional funds required to continue long lead contract performance, when the funds will be needed, and any agreed to extension period specified in the Schedule.

(End of clause)

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (OCT 2019)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (OCT 2019)

(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 [insert any additional requirements to comply with local security procedures] 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 [insert any additional requirements to comply with AFI 31-101, Integrated Defense, and DODMAN5200.02_AFMAN 16-1405, Air Force Personnel Security Program] 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.

(End of clause)

5352.242-9001 COMMON ACCESS CARDS (CAC) FOR CONTRACTOR PERSONNEL (OCT 2019)

(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria:

(1) Require logical access to Department of Defense computer networks and systems in either:

(i) the unclassified environment; or

(ii) the classified environment where authorized by governing security directives.

(2) Perform work, which requires the use of a CAC for installation entry control or physical access to facilities and buildings.

(b) Contractors and their personnel shall use the following procedures to obtain CACs:

(1) Contractors shall provide a listing of personnel who require a CAC to the contracting officer. The government will provide the contractor instruction on how to complete the Contractor Verification System (CVS) application and then notify the contractor when approved.

(2) Contractor personnel shall obtain a CAC from the nearest Real Time Automated Personnel Identification Documentation System (RAPIDS) Issuing Facility (typically the local Military Personnel Flight (MPF)).

(c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy.

(d) During the performance period of the contract, the contractor shall:

(1) Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing government official;

(2) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access;

(3) Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date; and

(4) Report lost or stolen CACs in accordance with local policy/directives.

(e) Within 7 working days…