Combined_Synopsis_Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION

Facilities Weed Control at Boysen, Pilot Butte Powerplant Operations Areas, Fremont County, Wyoming

Solicitation No. 140R6025Q0019

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation No. 140R6025Q0019 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular FAC 2025-03 Effective January 17, 2025. The NAICS: 561730 – Landscaping

Services with an associated small business size standard of $9.5 million.

The Bureau of Reclamation in Fremont County, Wyoming requires the service of controlling woody and broadleaf weeds on Reclamation lands at Boysen and Pilot Butte Dams and Powerplant

Operations Areas.

BACKGROUND

Reclamation contracts to control woody and broadleaf weeds on the Reclamation lands identified in this document. Treatment objectives are listed by location. Treatment shall be done during the dates specified. All “bare ground” or sterilization work shall be done between May 1st and May

31st; all broadleaf treatments shall be done between June 1st and June 30th. Note that if weather, such as high winds or snow on the ground restricts treatment during the designated time period, the contractor and Reclamation shall mutually agree on proposed alternative dates and/or treatments that will meet Reclamation objectives. Such requests must be submitted in writing and approved in advance.

The contractor is responsible for determining and obtaining access to each of the sites. Some of the sites to be sprayed are not accessible by vehicle and some sites are located behind locked gates and are not open for a vendor to visit. It is recommended a site inspection precede prospective quotes because of varied and difficult conditions. Only one site visit will be offered for prospective contractors. If inclement weather prevents a site visit, a photo exhibit will be provided as an alternative to a site visit. The site visit for the Boysen/Pilot Butte facilities will be conducted on March 3, 2025, at 10:00 am. Potential contractors will meet at the Boysen Dam, 18 Boysen Dam Road, Shoshoni, WY 82649 (42°28'5.60"N, 104°57'11.70"W). To get there, take US-20 to Boysen Dam, turn west onto Boysen Dam Rd, Drive 1,000 feet and turn north at the substation, follow the road a short distance and turn left to access the power plant parking lot. Boysen will be shown first and then Pilot Butte, which is approximately 1 hour west of

Boysen Dam. Potential contractors must RSVP to Melissa Parkison, mparkison@usbr.gov no later than February 28, 2025, and noon Mountain Standard Time (MST). All questions must be received no later than noon MST on March 7, 2025. Those questions will need to be sent to

Melissa Parkison, mparkison@usbr.gov.

The contractor must be licensed and certified by the State of Wyoming to commercially apply general-use and restricted-use herbicides and pesticides. The contractor is liable for the safety and health of its employees and for the responsible and correct application of herbicides. The contractor will follow the manufacturer’s safety guidelines and recommendation in the application and use of all chemicals. All spraying shall avoid all water surfaces.

The contractor will annually submit to Reclamation by December 31, Pesticide Use Reports which contain applicator’s name, weather conditions, name and quantity of chemicals used, EPA registration number, application rate, dates of treatments, the type of application equipment used and treatment locations (maps). This information is required prior to payment.

SCOPE OF WORK

Uncrewed Aircraft Systems (UAS) may be used for this procurement but are not required, if used in the performance of this effort, they will be required to meet specific DOI requirements. The

UAS or parts of the UAS may not be manufactured in whole or in part by a covered foreign entity such as the People’s Republic of China or any other federally designated foreign country posing a national security risk to the United States, or it allies. The contractor shall furnish all labor, materials, herbicides, equipment, and supervision necessary to satisfactorily control noxious and undesirable weeds throughout the locations identified in this Performance Work

Statement (PWS) in accordance with Federal and State laws and regulations. General location maps and application site maps are attached following the performance work statement (see

Exhibits A-D).

The contractor shall be able to identify target invasive species in all stages of development and distinguish between invasive species and non-target native species.

The contractor shall use herbicides based on the weed species, objectives, and other criteria specified below under the individual application sites. For any one site, more than one chemical may be used, depending on the variety of pest species and environmental conditions. Treatments shall be completed using rates indicated on the labels and appropriate for site conditions. All chemicals must be compliant with all State and Federal law and regulation requirements.

Appropriate surfactants shall be used to increase efficacy or when indicated on the label. A dye shall be added to all liquid herbicides and/or tank mixtures at a rate sufficient to assure that the applications are visible to the inspector. The contractor shall submit an annual applicator report to accompany invoices.

The timely and accurate performance of these services must be recognized as a vital and mandatory requirement of the purchase order.

CONTRACTOR’S ADMINSTRATION PERSONNEL

The contractor’s administration personnel shall have the authority to act for the contractor on all matters relating to daily operation of the resultant contract. The contractor’s representative shall be able to read, write, speak, and understand the English language.

EMPLOYEES

The contractor shall furnish qualified, experienced, drug-free, and safety-oriented personnel to perform the services under this contract. All employees must have current and valid training and licensing for application of herbicides in Wyoming.

SAFETY AND HEALTH REQUIREMENT

All requirements concerning personal safety contained in parts 2, 7, 8, and 11 of the

“Reclamation Safety and Health Standards” shall be followed by the applicator. See website https://www.usbr.gov/safety/rshs/index.html for the Reclamation Safety and

Health Standards.

The contractor shall develop and submit a comprehensive and site-specific safety plan to the Government for review within 10 calendar days after the post award conference. At a minimum, the contractor’s safety plan shall address the following:

• Statement of Contractor Safety and Health Responsibilities – Acceptance that the contractor shall be responsible for the safety and health of their employees.

• Plan of Compliance with Regulations, Standards, and Codes – The contractor’s commitment and methods to comply with safety regulations, standards, and codes.

• Plan of Compliance for use of Sub-Contractors – The contractor’s commitment and methods to ensure that sub-contractors are working safely.

• Plan of Procedure for Safety Inspection of Equipment – The contractor’s method of inspecting equipment to ensure that the equipment does not pose a hazard to employees.

• Fire Prevention and Protection - The contractor’s commitment and methods to exercise fire prevention at all times. The contractor shall use and store all combustible material in a safe manner. The contractor shall report any fire hazards to the Government representative. In the event of a fire, the contractor shall call 911 to report the fire and notify the Government representative in charge.

SECURITY OR ACCESS REQUIREMENT

Some treatment locations are behind locked gates. Coordination with the Contracting

Officer’s Representative, (COR) at least one week in advance will be required to access restricted areas. Work must be performed Monday-Thursday 0700-1730. The COR will notify the dam’s Powerplant Supervisor II when the contractor will be on-site and where work will be conducted.

PERIOD OF PERFORMANCE

The Government anticipates that the initial term of the contract shall take place from http://www.usbr.gov/safety/rshs/index.html

April 1, 2025, through March 31, 2026. Additionally, up to four (4) one-year option periods may be exercised. Reclamation will exercise such option periods at the

Government’s discretion. The term of the option periods will be from April 1, 2026, through March 31, 2030.

DOCUMENTATION AND RECORDS

The application records shall contain factual information and be submitted to

Reclamation by December 31 of each year the contract is in force. All documentation, records, and schedules as described in this PWS that are the responsibility of the contractor, are the property of the Government. The contractor shall turn over such documentation to the Government upon completion or termination of the contract. All records are subject to the Freedom of Information and Privacy Acts. As such, the

Government will handle any requests for release of any records related to the contract.

Global Positioning System (GPS) & Geographic Information Systems (GIS)

Contractor shall have experience utilizing GPS, including collecting points, lines and areas and correctly attributing them, utilizing correct datums and projections. The contractor shall furnish maps of all contractor activities including the treated areas. The

GPS unit shall record the treatment locations with data accuracy of plus or minus not less than one (1) meters and survey shall be performed using the 1983 North American Datum

(NAD83) with projection set to Universal Transverse Mercator, Zone 12 North

(UTM12). Any maps provided to Reclamation shall include a legend, legal description, North arrow and a reference scale. The Contractor shall be knowledgeable in using GIS and creating shapefiles/KMLs with attribute tables that include: date of application, treatment type and herbicides used, target weed species, examiner, and treatment area in acres. GIS maps shall be submitted at time of invoicing, for approval by the COR.

GOVERNMENT-FURNISHED REQUIREMENTS

GENERAL

The contractor shall be responsible for any damage to Government buildings or equipment occurring as a result of performance of the contract. The contractor shall understand that in the performance of the contract, the contractor is an independent contractor, and not an agent or employee of the United States.

GOVERNMENT-FURNISHED PROPERTY AND MATERIALS

The government will provide no equipment or supplies for this contract. The contractor will be responsible for all equipment and supplies required to carry out the described work.

NOXIOUS AND NUISANCE WEED AND PEST CONTROL

The contractor shall perform the following tasks on the following described Reclamation land in

Platte County:

Item Name Exhibit Acres Tasks

1 Boysen Dam F 8 Broadleaf

2 Boysen Inlet Parking Structure F 0.2 Bareground

3 Boysen Penstock F 0.2 Broadleaf

4 Boysen Powerplant parking area F 0.7 Bareground

5 Boysen Septic/leach field F 0.5 Broadleaf

6 Boysen gauging station F 0.1 Broadleaf

7 Boysen Cable car terminal F 0.1 Broadleaf

8 Boysen storage buildings/fence G 0.5 Bareground

Total acres 10.3

9 Pilot Butte powerplant area H 2 Bareground

10 Pilot Butte penstock H 1.5 Broadleaf

11 Pilot Butte fenced area H 0.1 Bareground

12 Pilot Butte gatehouse building H 0.1 Bareground

Total acres 3.7

Total estimated acreage is approximately: 14

Boysen Dam Operations Area

1) Broadleaf- Boysen Dam – Control all woody and noxious vegetation on the upstream and downstream faces of the dam and on a 25 ft. strip on both sides of the upstream and downstream abutments. (approximate 8 acres) (See Exhibit B).

2) Bareground- Inlet Structure Parking Area - Control all vegetation. (approximate 0.2 acres). (See Exhibit B).

3) Broadleaf- Penstock – Control all woody and noxious vegetation over the penstock from the base of the cliff to the thrust block. (approximate 0.2 acres). (See Exhibit B).

4) Bareground- Powerplant parking area – control all vegetation. (approximate 0.7 acres).

(See Exhibit B).

5) Broadleaf- Septic tank and Leach Field – Control all woody vegetation within 25 feet of the leach field and tank. (approximate 0.5 acres). (See Exhibit B).

6) Broadleaf- Reclamation gauging station – Control broadleaf and noxious vegetation encroaching on the access to the gauging station. (approximate 0.1 acres). (See Exhibit

B).

7) Broadleaf- Cable car terminal - Control broadleaf and noxious vegetation encroaching on the cable car terminal. (approximate 0.1 acres). (See Exhibit B).

8) Bareground- Reclamation storage buildings located near Boysen State Park Headquarters

– Control all vegetation in a three-foot wide strip around the buildings and along the fence. (approximate 0.5 acres). (See Exhibit B).

Pilot Butte Powerplant Operations Area

9) Bareground- Powerplant area – Control all vegetation within three feet of Reclamation buildings and switchyard. (approximate 2 acres). (See Exhibit C).

10) Broadleaf- Penstock - Control all perennial broadleaf weeds and woody plants over the penstock from the gatehouse to the powerplant. (approximate 1.5 acres). (See Exhibit C).

11) Bareground- Fenced Area (20 ft. X 20 ft.) near Gatehouse – Control all vegetation.

(approximate 0.1 acres). (See Exhibit C).

12) Bareground- Gatehouse located north of powerplant on the canal – Control all vegetation within three feet of the buildings. (approximate 0.1 acres). (See Exhibit C).

PERFORMANCE STANDARD

The contractor shall treat all areas to accomplish acceptable coverage. Acceptable coverage is defined as: application of pesticides that results in plant wilt or discoloration for 100% of noxious broadleaf species; and 100% die-off for woody species and weeds treated in bare ground areas. The contractor shall advise Reclamation of treated areas to allow for the timely inspection of treatment areas.

ACCEPTABLE QUALITY LEVEL

All work shall be subject to inspection, approval, and acceptance by the Government. The

Government will make full payment after the performance of required services and

Reclamation has accepted the services to be fully compliant. As it pertains to the required services, “fully compliant” shall be defined as no departure from the terms of the purchase order and no omission of essential work.

Bare ground areas treated following the EPA label shall remain free of vegetation for 6 months. Broadleaf treatments and spot spraying of noxious weeds shall eliminate at least 80% of target populations.

Weed Control at Boysen, Pilot Butte Dams and Powerplant Operations Areas, Fremont

County, Wyoming

GOVERNMENT REMEDIES

Areas that fail inspection will be required to be re-treated at no additional cost to the

Government.

EVALUATION CRITERIA

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 shall be used to evaluate offers:

• Qualification (or technical proposal)

• Experience (or past performance)

• Price

REQUIRED SUBMITTALS

Submittals from the contractor are required during the term of the contract to ensure quality and safe work under the contract. Required submittals are as follows:

RSN

Submittals Required

Due date or delivery time

No. of sets to be sent to:

CO COR

Acceptable certificate of liability insurance

Within 10 calendar days after award

1 0

List of chemicals to be used on the contract and their associated SDS

Within 10 days prior to application 0 1

Reporting Executive

Compensation and First-Tier

Subcontract Awards at http://www.fsrs.gov

By the end of the month following the month of award of a subcontract with a value of $25,000 or more.

4 Pesticide Application Records Annually with invoice 0 1

5 Safety and Health Plan Within 10 days prior to application

0 1

SUBMITTAL REVIEW

REVIEWER ADDRESSES

Submittals shall be provided to the following address/individual no later than noon, Mountain Standard Time (MST), March 14, 2025:

• Contract Specialist (CS): Melissa Parkison, mparkison@usbr.gov http://www.fsrs.gov/

Weed Control at Boysen, Pilot Butte Dams and Powerplant Operations Areas, Fremont

County, Wyoming

PRICING TABLE

CLIN DESCRIPTION AMOUNT

0010 Boysen Dam & Facilities Weed Control – Base Year

0020 Pilot Butte Weed Control – Base Year

0030 Option Year 1 – Boysen Dam & Facilities Weed Control

0040 Option Year 1 – Pilot Butte Weed Control

0050 Option Year 2 – Boysen Dam & Facilities Weed Control

0060 Option Year 2 – Pilot Butte Weed Control

0070 Option Year 3 – Boysen Dam & Facilities Weed Control

0080 Option Year 3 – Pilot Butte Weed Control

0090 Option Year 4 – Boysen Dam & Facilities Weed Control

0100 Option Year 4 – Pilot Butte Weed Control

0110 52.217-8 Extension – Boysen Dam & Facilities Weed Control

0120 52.217-8 Extension – Pilot Butte Weed Control

ATTACHMENTS:

Boysen

Boysen Warehouse photo locations

1 Boysen Dam Reclamation storage buildings and chain link fence near Boysen State Park Headquarters

Dam- Reclamation storage building

Esri, R10 CGB | Date Saved: 10/25/2024 | File Path: W:\People's files\Brieann\GIS\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control.aprx

Data Attribution: USBR and Esri Basemaps

Exhibit B

BOYSEN DAM AND OPERATIONS AREA

W ind

R iver

W in d R iv e r

17 16

T05N R006E

0 1,000 2,000500 US Feet

±Treatment Area

Reclamation Land

Tribal Land

DISCLAIMER: This map and data are provided as-is and are intended for general reference only.

None of the parties involved in preparing this map or data contained here in warrant or represent information to be complete and accurate.

Boysen State Park

Boysen downstream photo locations

Dam cable car terminal

Boysen Dam Reclamation Gauging Station access road

Boysen Dam and Powerplant photo locations

Boysen Dam Inlet Structure Parking Area

Boysen Dam upstream

Dam downst ream

Boysen Dam Powerplant Parking Area

31 30

R10 CGB | Date Saved: 10/25/2024 | File Path: W:\People's files\Brieann\GIS\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control.aprx

Data Attribution: USBR and Esri Basemaps

Exhibit D

PILOT BUTTE OPERATIONS AREA

Pilot Butte Rd

Pilot Butte Rd

G iv e n s

G iv ens

Wyom ing Canal

Pilot Butte Rd

T03N R001E

0 500 1,000250 US Feet ±DISCLAIMER: This map and data are provided as-is and are intended for general reference only.

None of the parties involved in preparing this map or data contained here in warrant or represent information to be complete and accurate.

Reclamation Land

Morton

Pavillion

Pilot Drain

Kinnear

Pilot Butte photo locations

Pilot Butte switchyard

Pilot Butte Building

Pilot Butte Penstock

Fenced area near Gatehouse

Pilot Butte Gatehouse

Esri, R10 CGB | Date Saved: 10/25/2024 | File Path: W:\People's files\Brieann\GIS\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control\Boysen and Pilot Butte Weed Control.aprx

Data Attribution: USBR and Esri Basemaps

PILOT BUTTE POWERPL ANT AND BOYSEN DAM OPERATIONS AREAS

Exhibit A

Fivemile Creek

Muddy Creek

Coal Draw

Wind River Reservation

Johnstown

Midval

F r emon t

Boysen Reservoir

Boysen State Park

T01N R002W

T01N R001W

T01N R001E

T02N R002W

T02N R001W

T02N R001E

T04N R002W

T03N R001W

T04N R001W

T01N R002E

T01N R003E

T01N R004E

T01N R005E

T01N R006E

T02N R002E

T02N R003E

T02N R004E

T03N R001E

T03N R002E

T04N R001E

T04N R002E

T03N R003E

T03N R004E

T04N R003E

T04N R004E

T02N R005E

T02N R006E

T03N R005E

T04N R005E

T03N R006E

T04N R006E

T05N R002W

T05N R001W

T06N R002W

T06N R001W

T05N R001E

T05N R002E

T05N R003E

T05N R004E

T06N R003E

T06N R004E

T06N R001E

T06N R002E

T05N R005E

T06N R005E

T05N R006E

T06N R006E

T03N R002W

T37N R093W

T36N R093W

T38N R093W

T39N R093W

T36N R094W

T36N R095W

T37N R094W

T38N R094W

T39N R094W

T40N R093W

T40N R094W

Pilot Butte Powerplant Operations Area

Boysen Dam Operations Area 0 5 102.5 Miles

±DISCLAIMER: This map and data are provided as-is and are intended for general reference only.

None of the parties involved in preparing this map or data contained here in warrant or represent information to be complete and accurate.

CLAUSES

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):

Federal Acquisition Regulation: https://www.acquisition.gov/far

Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

Clause Number

Clause Title Clause Date

52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered

Entities

DEC 2023

52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

JAN 2025

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

NOV 2023

52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003

52.222-26 Equal Opportunity SEP 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combatting Trafficking in Persons NOV 2021 52.225-13 Restriction on Certain Foreign Purchases FEB 2021 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging

While Driving

MAY 2024

52.228-5 Insurance – Work on a Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer – System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payment to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52-233-4 Applicable Law for Breach of Contract Claim OCT 2004 http://www.acquisition.gov/far http://www.acquisition.gov/diar

52.240-1 Prohibition On Unmanned Aircraft Systems Manufactured or Assembled By American Security Drone Act – Covered

Foreign Entities

NOV 2024

52.242-15 Stop-Work Order AUG 1989 52.249-4 Termination for Convenience of the Government (Services) APR 1984

DIAR

1452.201-

Authorities and Delegations – Department of the Interior SEP 2011

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:

[ ] (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].

https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900

[ ] (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).

[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(10) 52.204–28, Fe[ ]deral Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).

[X] (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) [Reserve[ ]d]

[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) Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

[ ] (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, Postaward Small Business Program 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).

[ ](32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (E.O.13126).

https://www.acquisition.gov/far/part-52#FAR_52_209_6 https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637&num=0&edition=prelim

[ ] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[ ] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

[ ] (ii) Alternate I (Feb 1999) of 52.222-26.

[ ] (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.

[ ] (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).

[ ](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](46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

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

[ ] (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), Pub. L. 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 (NOV 2023) 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).

[X] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513

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 (Oct 2018) (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).

[ ](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:

[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).

[X] (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).

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

[ ] (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).

(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.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(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.

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 https://www.acquisition.gov/far/part-52#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section3901&num=0&edition=prelim 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

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

(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…