12639525Q0163 GUAM TRANSECTS SOL.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

APHIS-WS-HI-DO-X420 CODE 16. ADMINISTERED BYCODE

X

X

X

561730

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

07/25/2025 1700 ET

07/10/2025

612-336-3465TODD BIERL

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639525Q0163

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 57 1155198OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BARRIGADA 96913

233 PANGELINAN WAY

USDA APHIS WS

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9.5

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

WS-GU intends to award a fixed price indefinite delivery indefinite quantity (IDIQ) service contract to establish 13 new transects with removal/distribution of pruned vegetation/debris along the sides of the transects and subsequent monthly maintenance of 25 transects for the length of the contract. The already existing transects will be maintained first, and then the additional 13 transects will be established.

Monthly maintenance of all 25 transects will

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

TODD K. BIERL

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

begin no more than 30 days after the establishment of the new transects. Should a natural disaster hit the HMU area or if additional transects are required due to additions or changes to the project, time and funding requirements will be discussed with the contractor at that time.

Period of Performance

The effective period of the contract shall be

(estimated)30 July 2025 ¿ 30 July 2030, 5-year contract. The period encompasses the time of contract award to the selected vendor, establishment of new transects, and monthly maintenance of 25 transects for the remaining period of the contract. Initial maintenance of current transects and new transect clearing should take three (3) weeks or less followed by monthly maintenance for the remaining period of the contract.

EVALUATION

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

57 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 57

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639525Q0163 shall be used to evaluate offers:

(ii) price.

(iii) past performance

(iv) Technical

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all.

options to the total price for the basic requirement. The Government may determine that an offer is.

unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate.

the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer¿s specified expiration time, the Government may accept.

an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

No more than 50 pages

All inquiries go through Contracting Officer.

All submissions must be in by 5:00 PM 25 July CST

No late submissions accepted.

Read attached Scope of Work!!

Delivery: 07/31/2030

Period of Performance: 07/10/2025 to 07/25/2025

0001 Clearing and Maintaining Survey Transects in the

Habitat Management Unit (HMU) on Andersen Air

Force Base Guam for USDA Wildlife Services Brown

Tree snake Control Efforts

WS-GU intends to award a fixed price indefinite

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 57

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639525Q0163 delivery indefinite quantity (IDIQ) service contract to establish 13 new transects with removal/distribution of pruned vegetation/debris along the sides of the transects and subsequent monthly maintenance of 25 transects for the length of the contract. The already existing transects will be maintained first, and then the additional 13 transects will be established.

Monthly maintenance of all 25 transects will begin no more than 30 days after the establishment of the new transects. Should a natural disaster hit the HMU area or if additional transects are required due to additions or changes to the project, time and funding requirements will be discussed with the contractor at that time.

Product/Service Code: Z1PC

Product/Service Description: MAINTENANCE OF

UNIMPROVED REAL PROPERTY (LAND)

Period of Performance: 07/30/2025 to 07/30/2030

Todd K. Bierl

(Major Program Contracting Officer)

Emergency Acquisition

Marketing and Regulatory Program Business (MRPBS)

Acquisition and Asset Management Division (AAMD)

Acquisition Branch

Animal and Plant Health Inspection Service (APHIS)

Office# (612)336-3465

Cell# (612)500-1321/ (763)286-8084

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

TRANSECTS GUAM

12639525Q0163

STATEMENT OF WORK

Clearing and Maintaining Survey Transects in the Habitat Management Unit (HMU) on Andersen Air Force Base Guam for USDA Wildlife Services’ Brown Treesnake Control Efforts

USDA APHIS Wildlife Services 233 Pangelinan Way

Barrigada, GU 96913-1277

WORK STATEMENT

A. Background The United States Department of Agriculture (USDA), Animal Plant Health Inspection Service (APHIS), Wildlife Services (WS) Guam State Office (WS-GU) intends to award a fixed price service contract to have transects in the Habitat Management Unit (HMU) on Andersen Air Force Base Guam (AAFB) cleared and to provide monthly transect maintenance to keep transects clear. The HMU is a 55-hectare mitigation unit on AAFB located on the southwestern edge of AAFB near Potts Junction. The southwest edge of the HMU borders Route 3A and is across that road from the recently developed construction entrance to Marine Corps Base Camp Blaz. It is enclosed by a self-bailing brown treesnake (BTS) exclusionary fence and has had extensive efforts employed to remove all ungulates, rodents, BTS, and other invasive and non-native species. Twelve transects already exist within the HMU, and an additional 13 transects will be established. The transects must remain clear of vegetation and maintained monthly to continue BTS control efforts within the HMU. The contractor will provide a one-time transect clearing effort for 13 new transects and approximately 12 monthly maintenance sessions annually for all 25 transects for the duration of the contract.

B. Scope of Work WS-GU intends to award a fixed price indefinite delivery indefinite quantity (IDIQ; see Section G) service contract to establish 13 new transects with removal/distribution of pruned vegetation/debris along the sides of the transects and subsequent monthly maintenance of 25 transects for the length of the contract. The already existing transects will be maintained first, and then the additional 13 transects will be established. Monthly maintenance of all 25 transects will begin no more than 30 days after the establishment of the new transects. Should a natural disaster hit the HMU area or if additional transects are required due to additions or changes to the project, time and funding requirements will be discussed with the contractor at that time.

C. Period of Performance The effective period of the contract shall be 30 July 2025 – 30 July 2030, 5-year contract. The period encompasses the time of contract award to the selected vendor, establishment of new transects, and monthly maintenance of 25 transects for the remaining period of the contract.

Initial maintenance of current transects and new transect clearing should take three (3) weeks or less followed by monthly maintenance for the remaining period of the contract.

D. Performance Requirement

a. Specifications Required

i. Site Visit Prior to Bid Those wishing to bid on this project will be required to do a site visit to the HMU to determine vegetation density, site logistics, and scope of labor required to establish transects. Bids will not be considered without a site visit.

ii. Transportation to/from HMU and Base Access

1. All personnel employed by the contractor must already have or be able to obtain base access to AAFB.

2. The contractor must provide their own transportation to and from the HMU

(Section K, Figure 1).

iii. Conservation Measures and Best Management Practices

1. WS-GU will provide the contractor with all environmental compliance documents, conservation measures, and best management practices for working within HMU.

2. All personnel working under the contract must take all required invasive species, threatened and endangered species, and cultural resource training required by US Fish and Wildlife/Department of Defense/Joint Region Marianas necessary to work within the HMU.

a. WS-GU will provide copies of all training documents.

3. Personnel conducting transect clearing/maintaining activities must comply with all relevant federal laws, base instructions, natural resource management plan requirements, environmental compliance documents, regulations, and any permits issued to WS-GU.

4. Hand tools and handheld battery powered tools are authorized. No heavy machinery will be used.

5. Transects must be scouted by qualified persons for the presence of threatened and endangered (listed) species prior to any transect establishment activities.

a. WS-GU will provide contractor GPS coordinates of known listed species locations in HMU.

6. Listed tree species must have the following buffer distances based on transect clearance/maintenance activity

a. One (1) m if using non-mechanized hand tools

b. twice the crown diameter from the transect if using battery-powered hand tools.

7. Listed herb/shrub species must have the following buffer distances based on transect clearance/maintenance activity

a. One (1) m if using non-mechanized hand tools

b. Six (6) m if using battery-powered hand tools.

8. Limbs/branches containing listed epiphyte species (e.g. orchids) may not be removed. There is no buffer for clearance activities for listed epiphytes on trees.

9. Crews will not enter HMU for seven (7) days after a typhoon of category three or higher is recorded on AAFB.

10. Any listed tree snails located must have a 61 m buffer from all types of vegetation cutting/clearance and transect establishment.

a. All listed tree snails found must have the location reported to WS GU within

24 hours.

11. Fruit bat sightings and location will be reported to WS-GU within 24 hrs.

12. All previously unidentified listed plant species encountered must be reported to

WS-GU, along with GPS coordinates of locations.

13. Ladders, if used, to access the HMU must be free-standing/self-supported A-frame types to ensure no weight is put on the BTS fence.

iv. Transect Establishment

1. 13 new transects will be established in the HMU (Section K, Figure 2, B0-12).

2. Six (6) of the new transects will be cut to the north of the established transect A2.

The other seven (7) of the 13 new transects will be cut south of established transect A10. WS-GU will provide a georeferenced map to the contractor so the Avenza Maps app (or other GIS based app) can be used as reference while establishing transects.

3. Transects will be cut to clear a path that will allow unobstructed walking without potential for trips/falls. Stumps from cut vegetation will be removed or cut flush with the ground.

4. Transects will be cut 1m wide and 2m high.

5. Transects will go around larger woody vegetation/trees. No whole trees will be cut down, only non-woody vegetation will be completely removed. Limbs directly in the path can be removed provided no threatened or endangered species are present.

6. New transects must not pass through experimental vegetation plots and will skirt around the perimeter of these areas. WS-GU will provide contractor GPS coordinates and/or GIS layers delineating locations of experimental plots.

7. Newly established transects should run as straight as possible along a 64°/ 244° bearing (roughly ENE/WSW) from forest edge to forest edge while adhering the standards described above (Sections D.a.iii and D.a.iv.3-6).

8. All materials needed to clear transects (tools, equipment, vehicle fuel, etc.) will be provided by the contractor.

9. GPS data of the newly established transects (ground-truthed GPS paths) will be provided to WS-GU once transects are finished.

10. All 25 transects will be clearly flagged or marked in a mutually agreed upon method at the forest edges and along the fence across from the entrance to the transect.

v. Monthly Transect Maintenance

1. Not all transects will need to be maintained each month if the vegetation hasn’t grown enough to require it. A transect requires maintenance in the following situations:

a. The vegetation has grown to reduce the width of the transect to 0.75m wide or less.

b. The vegetation has grown in to reduce the height of the transect to 1.5m or less.

c. The vegetation along the path of the transect (ground cover) has grown to more than 12 inches high.

d. Trees, palm fronds, or other large debris has fallen across or otherwise blocked the transect impeding easy movement through the transect or causing trip/fall hazards on the transect path.

2. For transects that pass through experimental vegetation plots (A1, A6, A7, A8, and A9), only non-powered hand tools will be used when within those plots.

3. All transects will be inspected monthly and those meeting maintenance standards (Section D.a.v.1.a-d) will have re-growth of vegetation along the transect trimmed back to transect establishment standards (Section D.a.iv.3-4).

4. If WS-GU personnel notice a transect or transects needing maintenance, they will inform the contractors at least 24 hours prior to the next scheduled maintenance visit to get those transects added to the contractor’s maintenance schedule.

5. Flagging at the entrances of all transects will be assessed during each monthly maintenance visit to ensure that the flagging is still intact, legible, and easily seen.

vi. Cleanup and Disposal of Vegetation and Debris

1. All vegetation and debris cleared from the transect must be moved to the side of the transect and widely dispersed so as to not create a berm along the edge of the transect.

2. The ground along the transects will be cleared of debris and trimmed vegetation so that walking is possible without trips/falls.

3. No vegetation shall be removed from the HMU

vii. Working around scientific equipment and BTS control tools The Habitat Management Unit is an active site for restoration-based experiments and operational invasive species control. This means vegetation clearing crews may encounter experimental/scientific devices or BTS control tools while conducting their work.

1. Crews should not touch/disturb any BTS control tools placed along the transects (Section K, Figures 3,4,5).

2. Crews can pass by these BTS control tools (no buffer required).

3. If while conducting their work, crews notice a BTS control device is damaged or otherwise nonfunctional (dead live lure, fallen over/down, etc.) they will notify WS-GU within 24 hours.

4. Any experimental/scientific devices should not be handled/disturbed.

a. WS-GU will inform the contractor if any of these devices require a buffer for crews working on the transects.

viii. Biosecurity

1. Daily inspections by the contractor of all vehicles, equipment, gear, clothing, etc.

must be completed before travel to the HMU to prevent the spread of invasive species.

a. Specific care should be taken to clean equipment if it was used outside the HMU prior to coming to the HMU.

2. No vegetative material, seeds, insects, larvae, eggs, or vertebrate species should be present on or within items taken into the HMU.

b. Quantities

i. Transect Establishment One time service for 13 new transects spaced to create a clear path 1m wide and 2m high.

Roughly 2750m of transects will be cut, and each transect will be 230-485m long depending on its location within the HMU.

ii. Monthly Transect Maintenance

1. A monthly service contract to maintain all 25 transects for the period of performance of the contract. All 25 transects will be visually assessed by the contractor at least every 30 days to determine if maintenance is required. No transect will go more than 30 days without assessment. The contractor will determine the number of visits each month are necessary to fulfil the stipulations of the maintenance portion of this contract (Section D.a.v.1.a-d), ensuring all transects remain easily walkable and are not impeded by vegetation or debris.

2. Length of time between assessments/maintenance of any or all transects can be re-negotiated after year one of the contract is complete. Renegotiation may be necessary if vegetation re-growth is slower or faster than previously estimated. Any changes to length of time between assessments/maintenance will have mutual agreement by the contractor and WS-GU and increased maintenance frequency may require additional funding.

3. In the event of strong storms or typhoons the amount of labor required to reopen the established transects may exceed standard labor requirements for monthly transect maintenance. This increased labor may require renegotiation and additional funding.

c. Quality Control/Inspection

i. The contractor and WS-GU personnel will develop an approved work plan prior to the start of work. An initial site visit by WS-GU personnel and the contractor will be required to go over performance standards, environmental compliance requirements, materials, and confirm established work plan.

ii. WS-GU personnel will conduct an inspection of all transects to confirm finished transects meet specifications

1. Initial inspections may occur while other transects are still being cut.

2. Any transects not meeting standards will be reworked until they meet the required standards.

iii. WS-GU personnel will inspect transects on an as-needed basis.

1. WS-GU reserves the right to request the contractor to maintain specific transects during monthly maintenance.

2. Requests for specific transect maintenance will be sent to the contractor by phone or email at least 24 hours before the contractor’s planned monthly maintenance.

d. Delivery Service delivery will occur in the HMU on AAFB, Guam. No deliveries will be made to WS- GU in this contract. All materials and equipment will be obtained and maintained by the contract winner.

E. Payment Vendor’s option to register in the Invoice Processing Platform (IPP) @ https://www.ipp.gov/ to download invoice for payment disbursement or provide hard copy invoice at time of delivery.

Invoices must be numbered and list vendor address, point of contact name and phone numbers and delivery order numbers. Invoices must be dated no earlier than delivery date.

F. Service Scheduling Instructions Monthly transect maintenance service scheduling may be placed by phone or email. A list of individuals authorized to schedule maintenance will be provided by the Contracting Officer.

Unless otherwise directed, maintenance will occur automatically per the instructions in Quantities (Section D.b.ii).

G. Contract Minimum and Maximum The contract minimum (i.e. the lowest amount awarded to any contractor selected for the award) is the initial maintenance for the 12 existing transects, the establishment of 13 new transects, and one month of maintenance after all 25 transects are established. The contract total maximum is $1,000,000.00 over the life of the contract. An IDIQ contract allows work to commence, continue, or be stopped depending on available funds for the project over the life of the contract.

Advance notice of work stoppages and restarts will be given to the contractor awarded this contract.

H. Contracting Officer Todd Bierl

(Major Program Contracting Officer) Emergency Acquisition Marketing and Regulatory Program Business (MRPBS) Acquisition and Asset Management Division (AAMD) Acquisition Branch Animal and Plant Health Inspection Service (APHIS) Office (612)336-3465

Cell (612)500-1321/ (763)286-8084

I. Administrative Point of Contact Lourdes Jubilado USDA WS Guam Office Admin 671-635-4400 https://www.ipp.gov/ lourdes.c.jubilado@usda.gov

J. Technical Point of Contact Noah Van Ee USDA WS Guam Assistant District Supervisor +1-671-685-7155 Noah.VanEe@usda.gov mailto:lourdes.c.jubilado@usda.gov

K. Maps and Photos

Figure 1. Map of HMU access and location. The site is on AAFB, accessible through the DET 2 Gate on Hwy 3A.

Figure 2. Map of Habitat Management Unit with locations of current transects (A0-11), proposed new transects (B0-12), known listed plant species, and experimental vegetation plots.

Figure 3. AT220 automatic trap on tripod stand out in the field.

Figure 4. Bait tubes and snake trap commonly used in HMU.

Figure 5. Quail baited funnel traps used in the

HMU.

CLAUSES INCLUDED BY REFERENCE

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG

2020)

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV

2023)

52.212-4 ADDENDUM: Paragraph (g), Invoices, is revised to include the following statement: All invoices shall be submitted through the Invoice Processing Platform (IPP) at www.ipp.gov. IPP is a secure, web-based service that manages government invoicing.

52.227-14 RIGHTS IN DATA – GENERAL (MAY 2014)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquistion.gov

Full Clauses

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Products and Commercial Services (Jan 2025)

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

(1)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division 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)).

(2)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

(5)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b)The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has 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.]

__ (1)52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

__ (3)52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4)52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7)52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

__ (8)52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9)52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10)52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

(Dec 2023) (Pub. L. 115–390, title II).

__ (11)(i)52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) (Pub. L. 115–390, title II).

__ (ii)Alternate I (Dec 2023) of 52.204-30.

_X_ (12)52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.

(Jan 2025) (31 U.S.C. 6101 note).

__ (13)52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (16)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

X__ (18)(i)52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

__ (ii)Alternate I (Mar 2020) of 52.219-6.

__ (19)(i)52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

__ (ii)Alternate I (Mar 2020) of 52.219-7.

__ (20)52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C.

637(d)(2) and (3)).

__ (21)(i)52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C.

637(d)(4)).

__ (ii)Alternate I (Nov 2016) of 52.219-9.

__ (iii)Alternate II (Nov 2016) of 52.219-9.

__ (iv)Alternate III (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Jan 2025) of 52.219-9.

__ (22)(i)52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii)Alternate I (Mar 2020) of 52.219-13.

__ (23)52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24)52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ (25)52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

_X_ (26)(i)52.219-28, Post award Small Business Program Re-representation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii)Alternate I (Mar 2020) of 52.219-28.

__ (27)52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C.

637(m)).

__ (28)52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29)52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (30)52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

_X_ (31)52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32)52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025) (E.O. 13126).

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

__ (ii)Alternate I (Jul 2014) of 52.222-35.

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

__ (ii)Alternate I (Jul 2014) of 52.222-36.

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

__ (38)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39)(i)52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

X__ (40)52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)(i)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 applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (42)52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

__ (43)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

__ (44)52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

__ (45)52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

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

__ (ii)Alternate I (Jan 2017) of 52.224-3.

_X_ (48)(i)52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii)Alternate I (Oct 2022) of 52.225-1.

__ (49)(i)52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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.

__ (ii)Alternate I [Reserved].

__ (iii)Alternate II (Jan 2025) of 52.225-3.

__ (iv)Alternate III (Feb 2024) of 52.225-3.

__ (v)Alternate IV (Oct 2022) of 52.225-3.

__ (50)52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X_ (51)52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52)52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

__ (54)52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (55)52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

__ (56)52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57)52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58)52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (60)52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61)52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62)52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (63)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64)52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (65)(i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii)Alternate I (Apr 2003) of 52.247-64.

__ (iii)Alternate II (Nov 2021) of 52.247-64.

(c)The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has 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.]

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

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

__ (3)52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

13706).

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

__ (10)52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).

(d)Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was 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.

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and 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)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

(d) of this clause, the Contractor is not required to flow 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-

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

3509).

(ii)52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division 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)).

(iv)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

(vi)52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)(A)52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) (Pub. L. 115–390, title II).

(B)Alternate I (Dec 2023) of 52.204–30.

(viii)52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further 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.

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

(xii)52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

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

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

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

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

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

(xvii)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xix)52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989).

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

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

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

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

(xxiii)52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

(xxv)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

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

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

(End of clause)

52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023)

(a) Definitions. As used in this clause—

Covered article as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types.

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153).

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order, means any of the following orders issued under the Federal Acquisition Supply Chain

Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems.

This type of

FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph

(2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence.

(2) The Central Intelligence Agency.

(3) The National Security Agency.

(4) The Defense Intelligence Agency.

(5) The National Geospatial-Intelligence Agency (6) The National Reconnaissance Office.

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs.

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of

Energy

(9) The Bureau of Intelligence and Research of the Department of State.

(10) The Office of Intelligence and Analysis of the Department of the Treasury.

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information. Source means a non-Federal supplier, or potential supplier, of products or services, at any tier. (b) Notice. During contract performance, the Contractor shall be required to comply with any of the following that apply: DHS FASCSA orders, DoD FASCSA orders, or DNI FASCSA orders. The applicable

FASCSA order(s) will be identified in the request for quotation (see 8.405-2), or in the notice of intent to place an order (see 16.505(b)). FASCSA orders will be identified in paragraph (b)(1) of

FAR 52.204-30,

Federal Acquisition Supply Chain Security Act Orders—Prohibition, with its Alternate II.

(c) Removal. Upon notification from the contracting officer, during the performance of the contract, the

Contractor shall promptly make any necessary changes or modifications to remove any covered article, or any product or service produced or provided by a source that is subject to an applicable

Governmentwide FASCSA order (see FAR 4.2303(b)).

(End of clause)

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types.

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153).

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply…