MSCP-I (10-23-2024).pdf

USDA, Agricultural Marketing Service Commodity Procurement Program

1400 Independence Ave., SW, Room 3522-S, STOP 0239 Washington, DC 20250-0239

An Equal Opportunity Provider and Employer

AMS Master Solicitation for Commodity Procurements

– International Programs (MSCP-I) for International Food Assistance Program Purchases

Effective: October 23, 2024

MSCP-I Updates included in this version, (i.e., changes from the February 13, 2024, version)

General Updates Page Text Change

12 “This version of the Master Solicitation incorporates FAR provisions and clauses in effect through ______”

Updated to FAC 2024-06.

Contract Clauses and Provisions Updated

FAC 2024-03 FAR Case 2022-009

Clause/ Provision Number

Clause/Provision Name Provision or Clause

Change

52.204-8, (c)(1)(xxi)(B) and

(c)(1) (xxi)(C)

Annual Representations and Certifications (Feb 2024)

Provision

Amend section 52.204-8 by—

a. Revising the date of the provision;

b. Removing from paragraph (c)(1)(xxi)(B) “$92,319” and adding “$100,000” in its place; and c. Removing from paragraph (c)(1)(xxi)(C) “$92,319” and “$100,000” and adding “$100,000” and “$102,280” in their places, respectively.

52.219-1,(a), (c)(6), (c)(7), (c)(8), (c)

(9), and Alternate I

Small Business Program

Representations (Feb 2024)

Provision

Amend section 52.219-1 by—

a. Revising the date of the provision;

b. In paragraph (a):

i. Removing the definition of “Service-disabled veteran-owned small business concern” and adding the definition of “Service-disabled veteran owned small business (SDVOSB) concern” in its place; and

ii. Adding in alphabetical order the definitions of “Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program” and “Service-disabled veteran-owned small business (SDVOSB) Program”;

c. Revising paragraphs (c)(6) and (7);

d. Redesignating paragraphs (c)(8) as paragraph (c)(9) and adding a new paragraph (c)(8);

e. Revising the introductory text of newly redesignated paragraph (c)(9); and

f. In Alternate I:

i. Revising the date of the alternate;

ii. Removing from the introductory text “(c) (9)” and adding “(c)(10)” in its place; and

iii. Redesignating paragraph (c)(9) as paragraph (c)(10).

52.219-8,(a), (c)(1)(ii) and (c)(2)

Utilization of Small Business Concerns (Feb

2024)

Clause

Amend section 52.219-8 by—

a. Revising the date of the clause;

b. In paragraph (a):

i. Removing the definition of “Service-disabled veteran-owned small business concern” and adding the definition of “Service-disabled veteran owned small business (SDVOSB) concern” in its place; and

ii. Adding in alphabetical order the definitions of “Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program” and “Service-disabled veteran-owned small business (SDVOSB) Program”;

iii. Removing from paragraph (1) in the definition of “Veteran-owned small business concern” the text “51 percent of which is owned” and adding the text “51 percent of which is owned and controlled” in its place;

c. Adding to the end of paragraph (c)(1)(ii) “(See 13 CFR 125.9(d).)”; and

d. Revising paragraph (c)(2).

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

Clause

Revise section 52.219-27.

52.219-28 and (h)(8)

Post-Award Small Business Program Rerepresentation

(Feb 2024)

Clause

Amend section 52.219-28 by—

a. Revising the date of the clause; and

b. Redesignating paragraph (h)(8) as paragraph (h)(9) and adding a new paragraph (h)(8).

52.225-3, Alternate III definition "Korean end product", and paragraph (c)

Buy American- Free Trade

Agreements- Israeli Trade Act

(Nov 2023)

Clause

Amend section 52.225-3 in Alternate III by:

a. Revising the date and introductory text of Alternate III;

b. Deleting the definition “Bahraini, Korean, Moroccan, Omani, Panamanian, or Peruvian end product” and adding the definition “Korean end product”; and

c. Revising paragraph (c).

52.225-4, Alternate

III

Buy American- Free Trade

Agreements- Israeli Trade Acts Certificate (Nov

2023)

Provision

Amend section 52.225-4 by revising Alternate

III.

52.244-6 and (c)(1)(x)

Subcontracts for Commercial Products and Commercial

Services (Feb 2024)

Clause

Amend section 52.244-6 by—

a. Revising the date of the clause; and

b. Removing from paragraph (c)(1)(x) “(SEP 2023)” and adding “(FEB 2024)” in its place.

FAC 2024-05 FAR Case 2022-006

Clause/ Provision Number

Clause/Provision Name Provision or Clause

Change

52.204-4

Printed or Copied Double-Sided on

Postconsumer Fiber Content

Paper (May 2011)

Clause

Remove and reserve section 52.204-4.

52.204-8 (c)(1)(xvii) and

(c)(1)(xix)

Annual Representations and Certifications (May 2024)

Provision

Amend section 52.204-8 by—

a. Revising the date of the provision and paragraph (c)(1)(xvii);

b. Removing from the end of paragraph (c)(1) (xix) the parenthesis;

c. Removing paragraph (c)(2)(vi); and

d. Redesignating paragraphs (c)(2)(vii) and (viii) as paragraphs (c)(2)(vi) and (vii), respectively.

52.211-5 Material

Requirements (Aug 2000)

Clause Amend section 52.211-5 by removing from the introductory text “11.304” and adding “11.302” in its place.

52.223-6 Drug-Free

Workplace (May 2024)

Clause Redesignate section 52.223-6 as section 52.226- 7.

52.223-18

Encouraging Contractor

Policies to Ban Text Messaging While Driving

(May 2024)

Clause

Redesignate section 52.223-18 as section 52.226-8.

52.226-7 and (d) Drug-Free

Workplace (May 2024)

Clause

Amend newly redesignated section 52.226-7 by— a. Revising the introductory text and the date of the clause; and

b. Removing from paragraph (d) “23.506” and adding “26.505” in its place.

52.226-8

Encouraging Contractor

Policies to Ban Text Messaging While Driving

(May 2024)

Clause

Amend newly redesignated section 52.226-8 by revising the introductory text and the date of the clause.

Technical Updates

52.222-50 Combatting

Trafficking In Persons (Nov

2021)

Clause

Add mandatory clause.

52.204-29

Federal Acquisition

Supply Chain Security Act

Orders- Representation and Disclosures

(Dec 2023)

Provision

Add mandatory provision.

52.204-30

Federal Acquisition

Supply Chain Security Act

Orders- Prohibition

Clause

Add mandatory clause.

4A52.219-70 Size Standard and

NAICS Code Information

Provision Update Small Business Size Standards

4A52.219-81 The HUBZone Program (Jan

2022) Clause

Correct clause number.

AMS Master Solicitation for Commodity Procurements – International Programs (MSCP-I) for International Food Assistance Program Purchases

Effective Date: October 23, 2024

I. GENERAL INFORMATION

II. CONTRACT CLAUSES

4A52.202-90 Additional Definitions Applicable to this Solicitation (June 2021) 52.203-14 Display of Hotline Poster(s) (Nov 2021) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition (Dec 2023)19 52.209-1 Qualification Requirements (Feb 1995) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 4A52.211-70 Delivery Instructions (June 2021) 4A52.211-71 Regulatory Requirements for Commodities and Packaging (June 2021) 4A52.211-74 Period of Performance (June 2021) 4A52.211-90 Carrying Charges (June 2021) 4A52.211-91 Compensation for Delays in Delivery (June 2021) 52.211-11 Liquidated Damages- Supplies, Services, or Research and Development (Sep 2000) 52.211-16 Variation in Quantity (Apr 1984) 4A52.214-90 Place of Performance (June 2021) 4A52.214-91 Order of Precedence (June 2021) 4A52.219-81 The HUBZone Program (Aug 2022) 4A52.219-90 The 8(a) Program (June 2021) 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (Oct 2022) 52.219-14 Limitations on Subcontracting (Oct 2022) 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) ... 32 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) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-36 – Equal Opportunity for Workers With Disabilities. (Jun 2020) 4A52.225-70 U.S. Origin Product (June 2021)

4A52.225-71 U.S. Origin of Agricultural Commodities - Waiver for Certain Ingredients (June 2021) 4A52.232-70 Contractor Expenses (June 2021) 4A52.232-90 Electronic Invoicing (June 2021) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996) 52.246-11 Higher-Level Contract Quality Requirement (Dec 2014) 52.246-16 Responsibility for Supplies (Apr 1984) 4A52.246-90 Risk of Loss (June 2021) 4A52.246-91 Acceptance (Dec 2022) 4A52.247-83 Seals on Transportation Conveyances (May 2023) 4A52.247-90 Miscellaneous Contract Requirements for F.o.b. Vessel Delivery (June 2021)43 4A52.247-70 Delivery Location (June 2021) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant against Contingent Fees (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) .. 44 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Nov 2023) 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 (Nov 2021) 52.211-5 Material Requirements (Aug 2000) 52.214-26 Audit and Records—Sealed Bidding (Jun 2020) 52.214-27 Price Reduction for Defective Cost or Pricing Data-Modifications-Sealed Bidding (Jun 2020) 52.214-28 Subcontractor Cost or Pricing Data—Modifications—Sealed Bidding (Jun 2020)45 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)

52.219-7 Notice of Partial Small Business Set-Aside (Nov 2020) 52.219-8 Utilization of Small Business Concerns (Feb 2024) 52.219-9 Small Business Subcontracting Plan (Sep 2023) Alternate 1 (Nov 2016) 52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021) 52.219-28 Post-Award Small Business Program Rerepresentation (Feb 2024) 52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (Jun 2003) [Applicable for contracts exceeding $3,000.] 52.222-4 Contract Work Hours and Safety Standards Act-Overtime Compensation (Mar 2018) 52.222-21 Prohibition of Segregated Facilities (April 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-40 Notification of Employee Rights under the National Labor Relations Act. (Dec 2010) 52.222-50 – Combatting Trafficking in Persons (Nov 2021) 52.222-54 Employment Eligibility Verification (May 2022) 52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2023) 52.225-5 Trade Agreements (Nov 2023) 52.225-13 Restrictions 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) 52.228-2 Additional Bond Security (Oct 1997) 52.228-11 Pledge of Assets (Feb 2021) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 52.232-11 Extras (Apr 1984) 52.232-17 Interest (May 2014) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Businesses Subcontractors (Mar 2023)47 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)

52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) 52.243-1 Changes-Fixed Price (Aug 1987) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Feb 2024) 52.247-34 F.o.b. Destination (Nov 1991) 52.247-58 Loading, Blocking, and Bracing of Freight Car Shipments (Apr 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.252-4 Alterations in Contract (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

III. Solicitation Provisions 52.201-1 Acquisition 360: Voluntary Survey (Sept 2023) 52.204-7 System for Award Management (Oct 2018) 4A52.204-70 Inquiries (Feb 1988) 52.204-8 Annual Representations and Certifications (May 2024) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representations and Disclosures (Dec 2023) 4A52.209-90 Past Performance with Regard to Offeror’s Present Responsibility (June 2021)55 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 4A52.214-15 Period of Acceptance of Bids 4A52.214-70 Electronic Submission of Bids (June 2021) 4A52.214-92 Contract Award – Application of Lowest Landed Cost (June 2021) 52.214-3 Amendments to Invitations for Bid (Dec 2016) 52.214-4 False Statements in Bids (April 1984) 52.214-5 Submission of Bids (Dec 2016) 52.214-10 Contract Award—Sealed Bidding (July 1990) 52.214-12 Preparation of Bids (Apr 1984) 52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990) 452.219-70 Size Standard and NAICS Code Information 52.222-24 Pre-award On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.225-6 Trade Agreements Certificate (Feb 2021)

52.225-25 Prohibitions on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certifications (Jun 2020) 4A52.228-70 Alternative Forms of Security (Nov 1996) 52.232-15 Progress Payments Not Included (Apr 1984) 52.233-2 Service of Protest (Sep 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) The following provisions are incorporated by reference:

52.214-31 Facsimile Bids (Dec 1989) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991)

MSCP-I 11

Master Solicitation for Commodity Procurements for International Food Assistance Programs

I. GENERAL INFORMATION

This solicitation, called the Master Solicitation for Commodity Procurements – International Programs (MSCP-I or “Master Solicitation”), is used by the U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS), Commodity Procurement Program (CPP) to provide contract clauses and solicitation provisions applicable to the solicitation of bids and award of contracts for various commodities used in U.S. Government international food assistance programs, such as Food for Peace, Food for Progress, and the McGovern-Dole Food for Education programs.

The Master Solicitation also provides general guidance to potential bidders.

CPP will periodically issue invitations for bids (IFB) under this Master Solicitation, available for viewing on the Web Based Supply Chain Management (WBSCM) public procurement page, and through the Contract Opportunities domain on www.sam.gov. Bidding and contract related actions, such as viewing WBSCM Purchase Orders (i.e., contracts) and shipping instructions, providing Advance Shipping Notices (ASN), and receipting of goods are performed in WBSCM.

The Master Solicitation will be updated as necessary to incorporate changes in the Federal Acquisition Regulation (FAR), Agricultural Acquisition Regulations (AGAR), and AMS policies and procedures. Bidders should not assume that a copy of the MSCP-I, once downloaded for a particular IFB will be applicable for subsequent IFBs. The effective date at the top of the Master Solicitation document will govern which version of MSCP-I is applicable to a particular IFB.

Changes to the MSCP-I will be bolded in each version. Prior versions of the MSCP-I will be archived and available on the AMS website.

Awards will be made following the principles in the FAR and AGAR. The IFB will specify the commodity; delivery periods; quantities; the closing time for receipt of bids; acceptance date, and any solicitation provisions and contract clauses applicable to the proposed procurement which are in addition to, or different from, those contained in the Master Solicitation. The full texts of the applicable FAR provisions and clauses incorporated into the contract can be found at https://www.acquisition.gov/browse/index/far.

Commodities purchased by AMS must be a product of the United States (see clause 4A52.225-70, U.S. Origin Product). Specifications and program requirements are further defined in the appropriate commodity specification and/or supplement and are incorporated herein.

Offerors are advised to carefully read this Master Solicitation, the applicable IFB, and the applicable commodity requirements document to understand the invitation, evaluation, and award process for CPP commodity acquisitions for international food assistance programs. Failure to do so will be at the offeror’s risk. These documents are incorporated into the contract. Offerors are cautioned that statements made by Government personnel other than the Contracting Officer are not binding on the Government unless confirmed in writing by the Contracting Officer.

To be eligible to submit a bid, a company must be approved by the Contracting Officer as meeting vendor qualification requirements. For information regarding how to become a qualified bidder, visit the vendor qualification webpage, or contact the Contracting Officer.

http://www.sam.gov/ https://www.acquisition.gov/browse/index/far https://www.ams.usda.gov/selling-food/becoming-approved

MSCP-I 12

This version of the Master Solicitation incorporates FAR provisions and clauses in effect through FAC 2024-06

II.CONTRACT CLAUSES

4A52.202-90 Additional Definitions Applicable to this Solicitation (June 2021)

(a) Agricultural commodity means commodities and the products of agricultural commodities produced in the United States. A product shall not be produced in the United States if it contains any ingredient that is not produced in the United States, if that ingredient is:

1. Produced in the United States; and

2. Commercially available in the United States at fair and reasonable prices from domestic sources.

(Authority 7 U.SC. 1732(2), 1736o-1(a), and AGAR 470.103)

(b) Commingled product means grains, oilseeds, rice, pulses, other similar commodities and the products of such commodities, when such commodity or product is normally stored on a commingled basis in such a manner that the commodity or product produced in the United States cannot be readily distinguished from a commodity or product not produced in the United States.

(c) Commodity Credit Corporation (CCC) means a wholly owned government corporation within the U.S. Department of Agriculture (USDA).

(d) Federal Holiday means legal public holidays observed by the Federal Government in accordance with 5 USC 6103. The Federal Government observes the following days as holidays:

New Year’s Day January 1st* Martin Luther King’s Birthday Third Monday in January Presidents’ Day Third Monday in February Memorial Day Last Monday in May Juneteenth National Independence Day

June 19th*

Independence Day July 4th* Labor Day First Monday in September Columbus Day Second Monday in October Veterans’ Day November 11th Thanksgiving Day Fourth Thursday in November Christmas Day December 25th*

*If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

(e) Free alongside ship (f.a.s.) (f.a.s. named port of shipment) means a term of sale which means the seller fulfills its obligation to deliver when the goods have been placed alongside the vessel on the quay or in lighters at the named port of shipment.

The supplier is responsible for all costs including but not limited to tollage, wharfage, and handling. The buyer bears all costs and risks of loss of or damage to the goods from that point.

(f) FGIS means Federal Grain Inspection Service of the USDA which provides inspection, weighing, and related services on grains, pulses, oilseeds, and processed and graded commodities.

MSCP-I 13

(g) F.o.b. vessel means: for dry bulk cargoes, delivered free of expense to the Government loaded, unsowed and untrimmed, on board the designated conveyance at the USDA-approved port facility specified in the contract; and for liquid bulk cargoes, delivered free of expense to the Government on board the ocean vessel provided by USDA at the named port of shipment specified in the contract.

(h) Grain Acquisition Report and Invoice for Related Charges means: Form KC-228 means a form that is issued by a warehouse operator to CCC in lieu of or in addition to a warehouse receipt.

(i) Intermodal plant means delivered free of expense to the Government loaded on board the carrier-supplied conveyance at the origin point.

(j) Intermodal bridge means delivered free of expense to the Government delivered in transportation conveyance obtained by the vendor to locations where steamship lines have established and published intermodal rates from a U.S. point to a U.S. port and a foreign destination.

(k) Instore means within a USDA-approved warehouse.

(l) Lowest-landed cost means the lowest combined cost of commodity and ocean freight to deliver a commodity to an overseas destination while adhering to cargo preference statutes and regulations.

(m) Packaging and containers include any substance intended for use as a component of materials used in manufacturing, packing, transporting or holding food if such use is not intended to have a technical effect in such food.

(n) Plant is defined as the prime or sub-contractor’s facility where an agricultural commodity, or commodity-related item, is manufactured or processed from raw materials into a finished product, assembled from components, or packaged. An offeror’s plant location, cited in an offer, must contain at least one of the industrial or manufacturing processes listed above. A local site which accommodates finished product while awaiting analytical test results, staging for shipment consolidation, or loading into shipping containers/trucks/railcars is considered a supplementary extension of the prime or sub-contractor’s plant facility.

(o) WBSCM Purchase Order or WBSCM PO means a contract that is accessible in the WBSCM System. Contract is as defined by FAR, i.e., a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. See FAR 2.101 for the full definition.

(p) World Trade Organization Government Procurement Agreement (WTO GPA) country means any of the following countries: Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom.

(End of clause)

52.203-14 Display of Hotline Poster(s) (Nov 2021) [Applicable for non-commercial item contracts performed within the United States if the contract value is expected to exceed $6.0 million.]

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

MSCP-I 14

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster (s):

USDA Hotline, “Report Violations of Laws and Regulations Relating to USDA

Programs.”

Obtain from:

USDA Office of Inspector General www.usda.gov/oig/hotline.htm Toll Free Number: (800) 424-9121

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract—

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

(End of clause)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) [Applicable to all solicitations and contracts of $30,000 or more.]

(a) Definitions. As used in this clause:

Executive means officers, managing partners, or any other employees in management positions.

First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that would benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect cost.

Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

Total compensation means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

http://www.usda.gov/oig/hotline.htm

MSCP-I 15

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause required the disclosure of classified information.

(d) (1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, the Contractor shall report the following information at for that first-tier subcontract.. (The Contractor shall follow the instruction at http://www.fsrs.gov to report the data.)

(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/

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(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at https://www.fsrs.gov , if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value below the threshold specified in FAR 4.1403(a), on the date of subcontract award to avoid the reporting requirements in paragraph (d) of this clause.

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g) (1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under

$300,000, the Contractor does not need to report awards for that subcontractor.

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and the FPDS database. If FPDS information is incorrect, the contractor https://www.fsrs.gov/ http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/

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should notify the contracting officer. If the SAM information is incorrect, the contractor is responsible for correcting this information.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately

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delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, 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 the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; 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 Contracting Officer for the indefinite delivery contract and the Contracting Officer(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.

https://www.acquisition.gov/far/4.2104 https://dibnet.dod.mil/

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer 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 information in paragraph (d)(2)(i) 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 covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

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

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

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

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

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

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

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

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-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)

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine

Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

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

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

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

Security; or

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

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

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

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

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.

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

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(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…