PART 5352
Solicitation Provisions and Contract Clauses
[Revised 4 AUG 2004]
SUBPART 5352.2 — TEXT OF PROVISIONS AND CLAUSES
5352.204-9000 Notification of Government security activity and visitor group security agreements.
As prescribed in 5304.404-90, insert the following clause in solicitations and contracts:
NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP SECURITY AGREEMENTS (APR 2003)
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 security police activity 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.
This requirement is in addition to visit request procedures contained in DOD 5220.22-M, National Industrial Security Program Operating Manual.
(b) Prior to beginning operations involving classified information on an installation identified on the DD Form 254 where the contractor is not required to have a facility security clearance, the contractor shall enter into a Visitor Group Security Agreement (or understanding) with the installation commander to ensure that the contractor’s security procedures are properly integrated with those of the installation. As a minimum, the agreement shall identify the security actions that will be performed:
(1) By the installation for the contractor, such as providing storage and classified reproduction facilities, guard services, security forms, security inspections under DOD 5220.22-M, classified mail services, security badges, visitor control, and investigating security incidents; and
(2) Jointly by the contractor and the installation, such as packaging and addressing classified transmittals, security checks, internal security controls, and implementing emergency procedures to protect classified material.
(End of clause)
5352.215-9000 Facility clearance.
As prescribed in 5315.209, insert in Section L a provision substantially the same as the following provision:
FACILITY CLEARANCE (MAY 1996)
The offeror must possess, or acquire prior to award of a contract, a facility clearance equal to the highest classification stated on the Contract Security Classification Specification (DD Form 254) attached to this solicitation.
(End of provision)
5352.215-9001 Notice of pre-bid/pre-proposal conference.
As prescribed in 5315.209, insert a provision substantially the same as the following provision:
NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE (MAY 1996)
(a) A pre-bid/pre-proposal conference will be conducted at [insert location including full address] on [insert date] at [insert time] for the purpose of answering questions regarding this solicitation.
(b) Submit the names of all attendees (not to exceed [insert number of attendees]) to [insert point of contact name, address, and phone number] prior to [insert date]. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.
(c) Bidders/Offerors are requested to submit questions to the point of contact noted above not later than [insert time and date]. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.
(d) A record of the conference shall be made and furnished to all prospective bidders/offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.
(End of provision)
ALTERNATE I (MAY 1996). If access to classified documents is contemplated, the contracting officer may add substantially the same as the following paragraphs (e) and (f) to the basic provision:
(e) To receive classified documents the recipient must have a security clearance of at least [insert classification] and authorization to act as courier. Security clearance and courier authorization must be on file at the following mailing address:
[insert address of organization responsible for this information]
(f) This conference is [insert classification].
5352.216-9000 Awarding orders under multiple award contracts.
As prescribed in 5316.506, insert a clause substantially the same as the following clause in solicitations and contracts:
AWARDING ORDERS UNDER MULTIPLE AWARD CONTRACTS (JUN 2002)
(a) All multiple award contractors shall be provided a fair opportunity to be considered for each order in excess of $2,500 pursuant to the procedures established in this clause, unless the contracting officer determines that:
(1) The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays;
(2) Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;
(3) The task or delivery order should be issued on a sole source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity pursuant to the procedures in this clause to be considered for the original order; or
(4) It is necessary to place an order to satisfy a minimum guarantee.
(b) Unless the procedures in paragraph (a) are used for awarding individual orders, multiple award contractors will be provided a fair opportunity to be considered for each order using the following procedures:
[insert Alternate I, Alternate II, or both, as applicable]
(c) Under the provisions of the Federal Acquisition Streamlining Act of 1994, 10 U.S.C. 2304 (c) (Public Law 103-355), a protest is not authorized in connection with the issuance or proposed issuance of an individual task or delivery order except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued.
(d) For this contract, the designated task or delivery order ombudsman is [insert office symbol and telephone number]. The task or delivery order ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all of the contractors are afforded a fair opportunity to be considered for task and delivery orders in excess of $2,500, consistent with procedures in the contract. However, it is not within the designated task or delivery order contract ombudsman’s authority to prevent the issuance of an order or disturb an existing order.
(e) This clause does not guarantee the contractor issuance of any task order or delivery order above the minimum guarantee(s) stated in [identify clause that stipulates minimum guarantee(s)] of this contract.
ALTERNATE I (JUN 2002). When the task or delivery order contract is for services or supplies where the description, delivery, and price are pre-established such that contact with the contractors is not required and the only decision is the order quantities, insert the following paragraph (b), substantially as written, into paragraph (b) of the basic clause:
Orders will use the pre-established descriptions, prices, and schedule information, in conjunction with past performance on previous orders awarded under this contract, to determine the appropriate contractor to receive each order.
ALTERNATE II (JUN 2002). When the task or delivery order contract is for services or supplies where the basic contract statement of work is broad and the pricing is less precise, e.g., a list of labor rates, some contact with multiple awardees will be required to ensure fair opportunity and achieve a clear meeting of the minds as to the price and scope of the order. In this case, insert the following paragraph (b), substantially as written, into paragraph (b) of the basic clause:
(1) The Government will request that each multiple award contractor submit their technical and/or managerial approach, if necessary, and cost/price estimate in response to the Government’s work statement.
(2) The response may be presented to the Government either orally or in writing.
(3) The Government will issue orders based on an assessment of the [insert technical and/or managerial] approach, estimated total cost/price, past performance, and [list other factors as appropriate] in making awards under this paragraph.
(End of clause)
5352.217-9000 Long lead limitation of Government liability.
As prescribed in 5317.7406, insert the following clause in solicitations and contracts:
LONG LEAD LIMITATION OF GOVERNMENT LIABILITY (MAY 1996)
(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)
5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS).
As prescribed in 5323.804, insert the following clause in solicitations and contracts:
ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs) (APR 2003)
(a) Unless the requiring activity has obtained prior Senior Acquisition Official (SAO) approval, contractors may 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.
[Note: This prohibition does not apply to manufacturing.]
(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.
[NOTE: Material that use one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]
(c) The requiring activity has obtained SAO approval to permit the contractor to use the following Class I ODS(s):
Class I ODS/ Application or Use/Quantity (lbs.) per contract period of performance
[List each Class I ODS, its applications or use and the approved quantities for use throughout the length of the contract. If "None," so state.]
(d) The offeror/contractor is required to notify the contracting officer if any Class I ODS that is not specifically listed above is required in the test, operation, or maintenance of any system, subsystem, item, component, or process.
(End of clause)
5352.223-9001 Health and Safety on Government Installations.
As prescribed in 5323.9001, insert the following clause in solicitations and contracts:
HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997)
(a) In performing work under this contract on a Government installation, the contractor shall:
(1) Comply with the specific health and safety requirements established by this contract;
(2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract;
(3) 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
(4) 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)
5352.223-9002 -- Requirements Affecting Contractor Personnel Performing Mission Essential Services
As prescribed in 5323.9201, insert the following clause in Section I:
Requirements Affecting Contractor Personnel Performing Mission Essential Services (APR 2003)
(a) The Contracting Officer has identified all or a portion of the services performed under this contract as “Essential DoD Contractor Services” as defined and described in DoD Instruction (DoDI) 3020.37, “Continuation of Essential DoD Contractor Services During Crises.” Hereafter, the personnel identified by the contractor to perform these services shall be referred to as “Mission Essential Contractor Personnel.”
(b) Within (insert the number of days required to institute any necessary safety and health precautions) days after contract award or incorporation of this clause into a contract by modification, the Contractor shall provide a written list of all “Mission Essential Contractor Personnel” to the Contracting Officer or designee. The list shall identify names and country(ies) where each employee will perform work under this contract.
(c) As required to comply with or perform pursuant to DoD or Air Force requirements, the contracting officer shall direct the contractor to comply with requirements intended to safeguard the safety and health of Mission Essential Contractor Personnel. The Contracting Officer may communicate the requirements through a letter of notification or other means, and subsequently modify the contract to incorporate the requirements via full text or by reference. The Contractor may file a proposal for cost or other impacts under the Changes clause or a Request for Equitable Adjustment.
(d) This clause shall be inserted in all subcontracts meeting the criteria in paragraph (a) of this clause.
(End of clause)
5352.223-9003 Enhanced Security of Products
As prescribed in 5323.9101, insert the following clause in Section I:
ENHANCED SECURITY OF PRODUCTS (NOV 2002)
The contractor shall provide enhanced security for line item(s) ___________ while the item(s) are under the contractor’s control. Enhanced security requirements are described in ____(Identify where enhance security requirements are specified (e.g., statement of work, attachment, etc.))___.
(End of clause)
5352.242-9000 Contractor access to Air Force installations.
As prescribed in 5342.490-1, insert a clause substantially the same as the following clause in solicitations and contracts:
CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUN 2002)
(a) The contractor shall obtain base identification and vehicle passes 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 police 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 AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, 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 (CACs) for Contractor Personnel.
As prescribed in 5342.490-2, insert a clause substantially the same as the following clause in solicitations and contracts:
COMMON ACCESS CARDS (CACs) FOR CONTRACTOR PERSONNEL (AUG 2004)
(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 authorized a CAC to the contracting officer. The contracting officer will provide a copy of the listing to the government representative in the local organization designated to authorize issuance of contractor CACs (i.e., “authorizing official”).
(2) Contractor personnel on the listing shall each complete and submit a DD Form 1172-2 or other authorized DoD electronic form to the authorizing official. The authorizing official will verify the applicant’s name against the contractor’s listing and return the DD Form 1172-2 to the contractor personnel.
(3) Contractor personnel will proceed to the nearest CAC issuance workstation (usually the local Military Personnel Flight (MPF) with the DD Form 1172-2 and appropriate documentation to support their identification and/or citizenship. The CAC issuance workstation will then issue the CAC.
(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 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 following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives.
(f) Failure to comply with these requirements may result in withholding of final payment.
(End of clause)