Attachment 6 Supplemental FAR Information Feb 2025.pdf

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED

ENTITIES

(DEVIATION 20-05) (JUL 2024)

(a) Definitions. As used in this clause- Kaspersky Lab covered article means any hardware, software, or service that– (1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”; (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email.

In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable;

supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR Class Deviation 25-01 applies to all solicitations and contracts to implement Executive Order (E.O.) 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, and E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. This class deviation supersedes Acquisition Alert 25-06, Revoked: E.O. 11246, Equal Opportunity Employment.

The following provisions and clauses SHALL NOT be included:

52.222-9, Apprentices and Trainees

52.222-21, Prohibition of Segregated Facilities

52.222-22, Previous Contracts and Compliance Reports

52.222-23, Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

52.222-24, Preaward On-Site Equal Opportunity Compliance Evaluation

52.222-25, Affirmative Action Compliance

52.222-26, Equal Opportunity

52.222-27, Affirmative Action Compliance Requirements for Construction

52.222-29, Notification of Visa Denial

The following provisions and clauses SHALL be included, if applicable:

52.204-8, Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

52.222-6, Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB 2025)

52.222-11, Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025)

52.222-12, Contract Termination—Debarment (MAY 2014) (DEVIATION FEB 2025)

52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025)

(DEVIATION FEB 2025)

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Additional examples include 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services, and 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

Paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services;

Paragraphs (b)(33), (b)(34), (e)(1)(ix), and (e)(1)(x) of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services;

Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of Alternate II of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services; and

Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

FAR Class Deviation 25-02 waives the FAR requirement to use project labor agreements for large-scale construction projects.

FAR Class Deviation 25-03 addresses contracting officer actions to implement E.O. 14148 Initial Rescissions of Harmful Executive Orders and Action and E.O.14208 Ending Procurement and Forced Use of Paper Straws.

The following provisions and clauses SHALL NOT be included:

● 52.204-8 Annual Representations and Certifications (JAN 2025)

● 52.223-1 Biobased Product Certification (MAY 2024)

● 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)

● 52.223-10 Waste Reduction Program (MAY 2024)

● 52.223-19, Compliance with Environmental Management Systems (MAY 2011)

● 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation (DEC 2016)

● 52.223-23, Sustainable Products and Services (MAY 2024)

The following provisions and clauses SHALL be included, if applicable:

● 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

● 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025)

● 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY

2024) (DEVIATION FEB 2025)

● 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025)

● 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025)

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Components shall not consider or use these representations.

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

Paragraph (d) and (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services;

Paragraphs (b)(33), (b)(34), (e)(1)(ix), and (e)(1)(x) of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. Additionally, per this deviation, in paragraph (b)(46), E.O. 14057 does not apply;

Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of Alternate II of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services; and

Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services). Additionally, per this deviation, in paragraph (b)(1)(xvii), E.O. 14057 does not apply.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.