47QFNA25R0001_CBRN_IDIQ_ RFP Att 7_Provision_Clauses_2025_2_6.pdf

CBRN Clause / Provision

All provisions and clauses incorporated by reference (IBR) can be viewed at www.acquisition.gov/far. Offerors are reminded that provisions or clauses that require completion by the offeror are identified by * below. See 52.102(c).

Provisions Incorporated by Reference:

Effective Date

52.201-1 Acquisition 360: Voluntary Survey Sep-23 52.203-11 Certification and Disclosure Regarding Payments to influence Certain Federal Transactions

Sep-24

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

Jan-17

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep-22 52.204-17 Ownership or Control of Offeror. Aug-20 52.204-20 Predecessor of Offeror. Aug-20 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

Nov-21

52.204-26 Covered Telecommunications Equipment or Services-Representation Oct-20 252.204-7016 Covered Defense Telecommunications Equipment or Services— Representation.

Dec-19

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation.

May-11

252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar-23 52.207-1 Notice of Standard Competition May-06 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. Nov-15 52.209-5 Certification Regarding Responsibility Matters Aug-20 52.209-7 Information Regarding Responsibility Matters Oct-18 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

Feb-16

52.209-13 Violation of Arms Control Treaties or Agreements-Certification. Nov-21 52.212-1 Instructions to Offerors Commercial Products and Commercial Services Sep-23 252.215-7008 Only One Offer. Dec-22 52.223-1 Biobased Product Certification. May-24 52.223-4 Recovered Material Certification. May-08 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation.

Dec-16

252.225-7023 Preference for Products or Services from Afghanistan. Sep-13 252.225-7055 Representation Regarding Business Operations with the Maduro Regime May-22 52.229-11 Tax on Certain Foreign Procurements Notice and Representation Jun-20 552.252-5 Authorized Deviations in Provisions. Nov-21 http://www.acquisition.gov/far

Full Text Provisions:

52.203-2 Certificate of Independent Price Determination.

As prescribed in 3.103-1 , insert the following provision. If the solicitation is a Request for Quotations, the terms "Quotation" and "Quoter" may be substituted for "Offer" and "Offeror."

Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision) https://www.acquisition.gov/far/part-3#FAR_3_103_1

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.

DEC 2023

As prescribed in 4.2306(b), insert the following provision:

Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

https://www.acquisition.gov/far/part-4#FAR_4_2306 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-4#FAR_4_2303

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

252.225-7000 Buy American—Balance of Payments Program Certificate.

Basic. As prescribed in 225.1101 (1) and (1)(i), use the following provision:

BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—BASIC (FEB 2024)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “foreign end product,” “qualifying country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the 252.225- 7001, Buy American and Balance of Payments Program—Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program—Basic clause of this solicitation, the Offeror certifies that—

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(4) of this provision contains a critical component or a critical item; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. For those end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(2) The Offeror certifies that the following end products are qualifying country end products:

https://www.acquisition.gov/dfars/part-225-foreign-acquisition#DFARS_225.1101

Country of Origin Line Item Number

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Line Item Number Country of Origin (If known)

Exceeds 55% Domestic Content (yes/no)

(4) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component or a critical item(see Federal Acquisition Regulation 25.105).

Domestic end products containing a critical component or a critical item:

Line Item Number _________________________________________________

List as necessary

(End of provision)

52.252-5 Authorized Deviations in Provisions.

As prescribed in 52.107(e), insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert "(DEVIATION)" after the date of the provision.

Authorized Deviations in Provisions (Nov 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any ______________ [insert regulation name](48 CFR Chapter______) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

552.217-71 Notice Regarding Option(s).

As prescribed in 517.208 (b), insert the following provision:

Notice Regarding Option(s) (Nov 1992)

The General Services Administration (GSA) has included an option to [Insert “purchase additional quantities of supplies or services” or “extend the term of this contract” or “purchase additional quantities of supplies or services and to extend the term of this contract”] in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48CFR517.207.

(End of provision)

Clauses Incorporated by Reference:

Effective Date

52.203-3 Gratuities Apr-84 52.203-6, Alt 1 Restrictions on Subcontractor Sales to the Government Nov-21 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun-20 52.203-13 Contractor Code of Business Ethics and Conduct Nov-21 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

Jun-10

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Jan-17

552.203-71 Restriction on Advertising. Sep-99 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep-11 https://www.acquisition.gov/far/part-52#FAR_52_107 https://www.acquisition.gov/gsam/part-517#GSAM_517_208

252.203-7002 Requirement to Inform Employees of Whistleblower Rights Dec-22 252.204-7003 Control of Government Personnel Work Product Apr-92 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan-23 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan-23

552.204-9 Personal Identity Verification Requirements. Apr-23 52.204-7 System for Award Management. Nov-24 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun-20 52.204-13 System for Award Management Maintenance. Oct-18 52.204-16 Commercial and Government Entity Code Reporting. Aug-20 52.204-18 Commercial and Government Entity Code Maintenance. Aug-20 52.204-19 Incorporation by Reference of Representations and Certifications. Dec-14 52.204-22 Alternative Line Item Proposal. Jan-17 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov-21 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov-21

52.204-27 Prohibition on ByteDance Covered Application Jun-23 252.204-7000 Disclosure of Information Oct-16 252.205-7000 Provision of Information to Cooperative Agreement Holders Jun-23 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts).

Aug-24

52.209-3 First Article Approval-Contractor Testing. Sep-89 52.209-7 Information Regarding Responsibility Matters. Oct-18 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct-18 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov-15 52.211-6 Brand Name or Equal Aug-99 52.211-11Liquidated Damages-Supplies, Services, or Research and Development. Sep-00 52.211-14Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use.

Apr-08

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

Nov-24

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

Nov-21

52.216-27 Single or Multiple Awards. Oct-95 552.211-72 Reference to Specifications in Drawings. Feb-96 52.211-16 Variation in Quantity. Apr-84 52.211-17 Delivery of Excess Quantities. Sep-89 252.211-7008 Use of Government-Assigned Serial Numbers. Sep-10 552.211-73 Marking. Feb-96 552.211-75 Preservation, Packaging, and Packing. Feb-96 552.211-75_Alternate I May-03 552.211-77 Packing List. Feb-96 552.211-77_Alternate I May-03

552.211-80 Age on Delivery. Feb-96 552.211-85 Consistent Pack and Package Requirements. Jan-10 552.211-86 Maximum Weight per Shipping Container. Jan-10 552.211-87 Export Packing. Jan-10 552.211-88 Vehicle Export Preparation. Jan-10 552.211-89 Non-manufactured Wood Packaging Material for Export. Jul-16 552.211-90 Small Parts. Jan-10 552.211-91 Vehicle Decals, Stickers, and Data Plates. Jan-10 552.211-92 Radio Frequency Identification (RFID) Using Passive Tags. Jan-10 552.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services

(FAR DEVIATION 52.212-4).

Jan-23

552.214-70 "All or None" Bids. Oct-09 552.215-70 Examination of Records by GSA. Jun-16 552.215-73 Notice. Jul-16 52.216-32 Task-Order and Delivery-Order Ombudsman. Sep-19 52.216-32 Alternate I Sep-19 552.216-75 Transactional Data Reporting. May-23 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

Nov-21

52.217-3 Evaluation Exclusive of Options. Apr-84 52.217-4 Evaluation of Options Exercised at Time of Contract Award. Jun-88 52.217-5 Evaluation of Options Jun-90 52.217-6 Option for Increased Quantity. Mar-89 52.217-7 Option for Increased Quantity-Separately Priced Line Item. Mar-89 52.217-8 Option to Extend Services. Nov-99 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award. Oct-22 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. Oct-22 52.219-9 Small Business Subcontracting Plan. Sep-23 52.219-9_Alternate I Nov-16 52.219-9_Alternate II Nov-16 52.219-9_Alternate III Jun-20 52.219-9_Alternate IV Sep-23 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-24

52.219-28 Post-Award Small Business Program Rerepresentation. Feb-24 52.219-28_Alternate I Mar-20 52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns.

Oct-22

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-22

52.219-31 Notice of Small Business Reserve. Mar-20 52.219-32 Orders Issued Directly Under Small Business Reserves Mar-20 52.219-33 Nonmanufacturer Rule. Sep-21

552.219-70 Allocation of Orders - Partially Set-aside Items. Sep-99 52.223-3 Hazardous Material Identification and Material Safety Data. Feb-21 52.223-3 Alternate I Jul-95 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

May-24

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

May-24

52.223-20 Aerosols. May-24 52.223-21 Foams. May-24 52.223-23 Sustainable Products and Services. May-24 252.223-7008 Prohibition of Hexavalent Chromium. Jan-23 552.223-70 Hazardous Substances. May-89 552.223-71 Nonconforming Hazardous Materials. Sep-99 552.223-73 Preservation, Packaging, Packing, Marking, and Labeling of Hazardous Materials (HAZMAT) For Shipments.

Jun-15

52.224-3 Privacy Training. Jan-17 52.224-3_Alternate I Jan-17 52.225-1 Buy American-Supplies Oct-22 52.225-1_Alternate I Oct-22 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. Nov-23 52.225-3_Alternate II Dec-22 52.225-3_Alternate III Feb-24 52.225-3_Alternate IV Oct-22 52.225-5 Trade Agreements. Nov-23 52.225-13 Restrictions on Certain Foreign Purchases. Feb-21 252.225-7001 Buy American and Balance of Payments Program. Feb-24 252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies.

Dec-18

252.225-7012 Preference for Certain Domestic Commodities. Apr-22 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. Jan-23 252.225-7021 Trade Agreements Feb-24 252.225-7024 Requirement for Products or Services from Afghanistan. Sep-13 252.225-7026 Acquisition Restricted to Products or Services from Afghanistan. Sep-13 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program. Feb-24 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan-23 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Jun-23

52.226-4 Notice of Disaster or Emergency Area Set-Aside. Nov-07 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area. Nov-07 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations. Jun-20 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May-24 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

Jan-23

52.228-17 Individual Surety Pledge of Assets (Bid Guarantee). Feb-21 52.229-12 Tax on Certain Foreign Procurements. Feb-21 52.229-13 Taxes-Foreign Contracts in Afghanistan. Nov-21 52.229-14 Taxes-Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

Nov-21

552.229-70 Federal, State, and Local Taxes. Apr-84 552.229-71 Federal Excise Tax-DC Government. Sep-99 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct-18 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management.

Jul-13

52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information.

Jul-13

52.232-36 Payment by Third Party. May-14 52.232-37 Multiple Payment Arrangements. May-99 52.232-38 Submission of Electronic Funds Transfer Information with Offer. Jul-13 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar-23 252.232-7010 Levies on Contract Payments Dec-06 52.233-1 Disputes. May-14 52.233-1_Alternate I Dec-91 52.233-3 Protest after Award. Aug-96 52.233-3_Alternate I Jun-85 52.233-4 Applicable Law for Breach of Contract Claim. Oct-04 52.234-4 Earned Value Management System. Nov-16 552.237-71 Qualifications of Employees. May-89 52.239-1 Privacy or Security Safeguards. Aug-96 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

Nov-24

52.242-5 Payments to Small Business Subcontractors. Jan-17 252.243-7002 Requests for Equitable Adjustment. Dec-22 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov-23 52.245-1 Government Property. Sep-21 52.245-1_Alternate I Apr-12 52.245-1_Alternate II Apr-12 252.246-7008 Sources of Electronic Parts. Jan-23 252.247-7023 Transportation of Supplies by Sea. Oct-24 252.247-7028 Application for U.S. Government Shipping Documentation/Instructions Jun-12 52.250-2 SAFETY Act Coverage Not Applicable. Feb-09 52.250-3 SAFETY Act Block Designation/Certification. Feb-09 52.250-3_Alternate I Feb-09 52.250-3_Alternate II Feb-09 52.250-4 SAFETY Act Pre-qualification Designation Notice. Feb-09 52.250-4_Alternate I Feb-09 52.250-4_Alternate II Feb-09

52.250-5 SAFETY ActEquitable Adjustment. Feb-09 552.252-6 Authorized Deviations in Clauses. Nov-21

Full Text Clauses

52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. DEC 2023

As prescribed in 4.2306(a), insert the following clause:

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;

https://www.acquisition.gov/far/part-4#FAR_4_2306 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim

(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.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3552&num=0&edition=prelim https://www.acquisition.gov/far/part-8#FAR_8_405_2 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-52#FAR_52_204_30

(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

As prescribed in 4.2306(c), insert the following clause:

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 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;

https://www.acquisition.gov/far/part-4#FAR_4_2303 https://www.acquisition.gov/far/part-4#FAR_4_2306 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim

(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.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

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) Prohibition.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3552&num=0&edition=prelim

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2304

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

https://dibnet.dod.mil/

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, 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 product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

Alternate I (Dec 2023). As prescribed in 4.2306(c), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic clause:

(b) Prohibition. (1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1).

[ Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA orders:]

Yes □ No □ DHS FASCSA Order

Yes □ No □ DoD FASCSA Order

Yes □ No □ DNI FASCSA Order

Alternate II (Dec 2023). As prescribed in 4.2306(c)(2)(ii), substitute the following paragraph (b) in place of paragraph (b) of the basic clause. This clause applies to each order as identified by the Contracting Officer.

(b) Prohibition. (1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1).

[ Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA orders:]

Yes □ No □ DHS FASCSA order

Yes □ No □ DoD FASCSA order

Yes □ No □ DNI FASCSA order

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1) of this clause.

(3) The Government may identify in the request for quotation (RFQ) or in the notice of intent to place an order additional FASCSA orders that are not in SAM, but are effective and apply to the order.

(4) A FASCSA order issued after the date of the RFQ or the notice of intent to place an order applies to this contract only if added by an amendment to the RFQ or in the notice of intent to place an order or added by modification to the order (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver, the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) of this clause to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and may instead make award to an offeror that does not require a waiver.

552.212-71 Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial Products and Commercial Services.

As prescribed in 512.301 (a)(1), insert the following clause:

Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial Products and Commercial Services (OCT 2023)

The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial products, including commercial components, and commercial services. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The Contracting Officer should check the https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2304 https://www.acquisition.gov/gsam/part-512#GSAM_512_301 clauses in paragraph (b) that apply or delete the clauses that do not apply from the list. The Contracting Officer may add the date of the clause if desired for clarity. The GSAR clauses in paragraph (b) of this section are incorporated by reference.

[The Contracting Officer should check the clauses that apply or delete the clauses that do not apply from the list. The Contracting Officer may add the date of the clause if desired for clarity.]

(b) Clauses.

552.203-71 Restriction on Advertising

552.211-73 Marking

552.219-70 Allocation of Orders—Partially Set-Aside Items

552.229-70 Federal, State, and Local Taxes

552.232-72 Final Payment Under Building Services Contracts

552.237-71 Qualifications of Employees

552.242-70 Status Report of Orders and Shipments

(End of Clause)

252.211-7003 Item Unique Identification and Valuation.

As prescribed in 211.274-5 (a), use the following clause:

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause—

“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

“Concatenated unique item identifier” means— https://www.acquisition.gov/gsam/part-552#GSAM_552_203_71 https://www.acquisition.gov/gsam/part-552#GSAM_552_211_73 https://www.acquisition.gov/gsam/part-552#GSAM_552_219_70 https://www.acquisition.gov/gsam/part-552#GSAM_552_229_70 https://www.acquisition.gov/gsam/part-552#GSAM_552_232_72 https://www.acquisition.gov/gsam/part-552#GSAM_552_237_71 https://www.acquisition.gov/gsam/part-552#GSAM_552_242_70 https://www.acquisition.gov/dfars/part-211-describing-agency-needs#DFARS_211.274-5

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

“Data matrix” means a two-dimensional matrix…