(4) Rates, Charges, and Services. (i) The Contractor shall furnish the services and facilities under this contract in accordance with- (A) All applicable tariffs, rules, regulations, or requirements; (1) Lawfully established by a governmental regulatory body; and (2) Applicable to service and facilities furnished or offered by the Contractor to the general public or the Contractor's subscribers; (B) A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience including tariff changes with the exception of TFS. If the prices differ from established tariff prices, it is the responsibility of the contractor to either file a special tariff for the contract with the relevant Governmental authorities or make other arrangements to comply with the governmental requirements. The Air Force will not be liable for price increases for failure to follow these requirements. If, during the term of the contract, the TFS change, the contractor must submit supporting state statutes, local ordinances, regulations, Federal Communications Commission (FCC) ruling and rates, etc, for Government verification. A modification will then be issued based upon the newly documented annual TFS. (ii) The Government shall not prepay for services. (iii) Recurring charges for services and facilities shall, in each case, start with the satisfactory beginning of service or provision of facilities or equipment and are payable monthly in arrears. (iv) Subject to the Cancellation or Termination of Orders clause 252.239-7007, of this contract, the Government may stop the use of any service or facilities furnished under this contract at any time. The Government shall pay the contractor all charges for services and facilities adjusted to the effective date of discontinuance. (v) Expediting charges are costs necessary to get services earlier than normal. Examples are overtime pay or special shipment. When authorized, expediting charges shall be the additional costs incurred by the Contractor and the subcontractor. The Government shall pay expediting charges only when- (A) They are provided for in the tariff established by a governmental regulatory body; or (B) They are authorized in a communication service authorization or other contractual document. (vi) When services normally provided are technically unacceptable and the development, fabrication, or manufacture of special equipment is required, the Government may- (A) Provide the equipment; or (B) Direct the Contractor to acquire the equipment or facilities. If the Contractor acquires the equipment or facilities, the acquisition shall be competitive, if practicable. (vii) If at any time the Government defers or changes its orders for any of the services but does not cancel or terminate them, the amount paid or payable to the Contractor for the services deferred or modified shall be equitably adjusted at the time of deferral or change. The Government and the Contractor shall equitably adjust the rates by mutual agreement. Failure to agree on any adjustment shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract. (w) "Continuity of Services and Option to Extend Telecommunication Services" is added as follows: (1) This Communications Service Authorization (CSA) authorizes continuation of services previously authorized on CSA NEW. (2) For all services required on this contract, the contractor shall continue to provide services until a release date is established by the government as a result of competition (cutover complete) or termination (including termination for cause or government convenience). (3) The Government may require continued performance of any services within the limits and at the rates specified in the contract until cutover is complete. These rates will remain firm fixed price during this process. This provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise this provision by unilateral modification to the contract before 10 days of expiration. (4) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, before contract expiration, a successor, either the Government or another Contractor, may continue them. The Contractor agrees to - (i) Provide transitioning of services during cutover period without termination liability charges; (ii) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor; and (iii) Notify the Government of any services not cutover after contract expiration. (x) "Work Orders" is added as follows: Requirements for service provided hereunder will be forwarded to the Contractor through issuance of a local order (DD Form 1367 or a similar form). A local order will also be issued for termination or changes to services. Services provided without a local order are not contractually covered. Services may be ordered only as shown on the CSA Schedule B. Orders must be signed by the Communications Systems Officer or designee. (End of Addendum to Clause 52.212-4)
(xii) Clauses 52.212-5 (DEV) Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, and 252.212-7001 DEV, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, apply to this acquisition. In addition, the following additional FAR/DFARS/AFFARS clauses, either by reference or full text, apply (clauses may be obtained via the internet at http://farsite.hill.af.mil).
52.222-3 Convict Labor Jun 2003 52.222-21 Prohibition of Segregated Facilities Feb 1999 52.222-26 Equal Opportunity Mar 2007 52.222-50 Combating Trafficking in Persons Feb 2009 52.223-18 Contractor Policy to Ban Text Messaging While Driving Sep 2010 52.232-18 Availability of Funds Apr 1984 52.232-36 Payment by Third Party Feb 2010 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2012 252.239-7002 Access Dec 1991 252.239-7004 Orders for Facilities and Services Nov 2005 252.239-7007 Cancellation or Termination of Orders Nov 2005 252.239-7008 Reuse Arrangements Dec 1991 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) Nov 2012
52.252-1, Solicitation Provisions Incorporated by Reference, Feb 1998. For purposes of this provision, the fill-in is completed as follows: http://farsite.hill.af.mil 52.252-2, Clauses Incorporated by Reference, Feb 1998. For purposes of this clause, the fill-in is completed as follows: http://farsite.hill.af.mil
AFFARS 5352.201-9101, Ombudsman (Nov 2012): For purposes of this clause, the fill-ins are completed as follows: (c) If resolution cannot be made by the contracting officer, concerned parties may contact the MAJCOM ombudsmen: AFSPC/A7K, 150 Vandenberg Street, Peterson AFB CO 80914, (P) 719-554-5250, (Fax) 719-554-5299.
5352.242-9000, Contractor Access to Air Force Installations (Nov 212). For purposes of this clause, the fill-in is completed as follows: (b) When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.