RFP HT941025R0003.pdf
PDF 1 MB Posted
- Attached to
- NH Guam - Neonatalogist / Neonatal Nurse Practitioner / Pediatric Hospitalist (24-Hr Coverage)
- Solicitation number
- HT941025R0003
- Issued by
-
Defense Health Agency
About this file
This is a Request for Proposal (RFP) issued by the Defense Health Agency for 24-hour neonatology coverage at Naval Hospital Guam. The requirement includes three full-time equivalent (FTE) Physician-Neonatologists and three FTE Neonatal Nurse Practitioners/Pediatric Hospitalists, with associated on-call and call-back hours. This is a new requirement with no incumbent contractor.
The RFP specifies a base period of performance from January 20, 2025 to January 19, 2026, with four one-year option periods through January 19, 2030. The contract will be awarded on a best-value basis, with technical capability and past performance weighted more heavily than price. Key dates include a virtual pre-proposal conference registration deadline of January 9, 2025 at 12:00 PM PST, questions due by January 7, 2025 at 12:00 PM PST, and proposal submissions due by January 28, 2025 at 12:00 PM PST. The contract requires providers to arrive at the facility within one hour of initial contact for on-call coverage, and coverage must be continuous regardless of contracted employee vacation and sick leave. The solicitation is being conducted under NAICS code 622110, with size standards applying to determine contractor eligibility.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Questions and Answers.pdf | ||
| Attachment 1 - Performance Work Statement (PWS) Updated.pdf | ||
| HT941025R0003 Preproposal Conference 14JAN25.pdf | ||
| RFP Compliance Checklist_Updated.xlsx | XLSX spreadsheet | |
| Attachment 1 - Performance Work Statement (PWS).pdf | ||
| Attachment 3 - Pricing Sheet.xlsx | XLSX spreadsheet | |
| Attachment 4 - Letter of Intent Attachments 1-4.pdf | ||
| Attachment 2 - Past Performance Questionnaire (PPQ).docx | DOCX document | |
| RFP Compliance Checklist.xlsx | XLSX spreadsheet | |
| Attachment 5 - Candidate Schedule.xlsx | XLSX spreadsheet |
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Text version
CODE
(Hour)
PAGE(S)
until local time
A X B
C D
EX
X G F 97 - 119
120 - 122 H merlinda.m.labaco.civ@health.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 122
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
HT9410 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
MERLINDA LABACO
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 16
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
18 - 19
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
20 - 95
PART II - CONTRACT CLAUSES
DHA CONTRACTING OFFICE SAN DIEGO HT9410
7700 ARLINGTON BLVD
ATTN WEST DIV
FALLS CHURCH VA 22042
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
03 Dec 2024
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
HT941025R0003
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 8,760 Hours Physician - Neonatologists
FFP
Three (3) FTEs with 24-hour coverage to be performed in accordance with the Performance Work Statement (PWS).
Base Period of Performance: 20 January 2025 - 19 January 2026 FOB: Destination Q516
NET AMT
0002 8,760 Hours Nurse Practitioner/Pediatric Hospitalist
FFP
Three (3) Neonatal FTEs with 24-hour coverage to be performed in accordance with the Performance Work Statement (PWS).
Base Period of Performance: 20 January 2025 - 19 January 2026
0003 4,176 Hours Physician - Neonatologists
FFP
On-call hours to be performed in accordance with the Performance Work Statement
(PWS).
Base Period of Performance: 20 January 2025 - 19 January 2026
0004 2,088 Hours Physician - Neonatologists
FFP
Call-back hours to be performed in accordance with the Performance Work Statement (PWS).
Base Period of Performance: 20 January 2025 - 19 January 2026
0005 4,176 Hours Nurse Practitioner/Pediatric Hospitalist
FFP
On-call hours to be performed in accordance with the Performance Work Statement
(PWS).
Base Period of Performance: 20 January 2025 - 19 January 2026
0006 2,088 Hours Nurse Practitioner/Pediatric Hospitalist
FFP
Call-back hours to be performed in accordance with the Performance Work Statement (PWS).
Base Period of Performance: 20 January 2025 - 19 January 2026
1001 8,760 Hours OPTION Physician - Neonatologists
FFP
Three (3) FTEs with 24-hour coverage to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2026 - 19 January 2027
1002 8,760 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
Three (3) Neonatal FTEs with 24-hour coverage to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2026 - 19 January 2027
1003 4,176 Hours OPTION Physician - Neonatologists
FFP
On-call hours to be performed in accordance with the Performance Work Statement
(PWS).
Period of Performance: 20 January 2026 - 19 January 2027
1004 2,088 Hours OPTION Physician - Neonatologists
FFP
Call-back hours to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2026 - 19 January 2027
1005 4,176 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
On-call hours to be performed in accordance with the Performance Work Statement
(PWS).
Period of Performance: 20 January 2026 - 19 January 2027
1006 2,088 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
Call-back hours to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2026 - 19 January 2027
2001 8,760 Hours OPTION Physician - Neonatologists
FFP
Three (3) FTEs with 24-hour coverage to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2027 - 19 January 2028
2002 8,760 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
Three (3) Neonatal FTEs with 24-hour coverage to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2027 - 19 January 2028
2003 4,176 Hours OPTION Physician - Neonatologists
FFP
On-call hours to be performed in accordance with the Performance Work Statement
(PWS).
Period of Performance: 20 January 2027 - 19 January 2028
2004 2,088 Hours OPTION Physician - Neonatologists
FFP
Call-back hours to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2027 - 19 January 2028
2005 4,176 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
On-call hours to be performed in accordance with the Performance Work Statement
(PWS).
Period of Performance: 20 January 2027 - 19 January 2028
2006 2,088 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
Call-back hours to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2027 - 19 January 2028
3001 8,784 Hours OPTION Physician - Neonatologists
FFP
Three (3) FTEs with 24-hour coverage to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2028 - 19 January 2029
3002 8,784 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
Three (3) Neonatal FTEs with 24-hour coverage to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2028 - 19 January 2029
3003 4,192 Hours OPTION Physician - Neonatologists
FFP
On-call hours to be performed in accordance with the Performance Work Statement
(PWS).
Period of Performance: 20 January 2028 - 19 January 2029
3004 2,096 Hours OPTION Physician - Neonatologists
FFP
Call-back hours to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2028 - 19 January 2029
3005 4,192 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
On-call hours to be performed in accordance with the Performance Work Statement
(PWS).
Period of Performance: 20 January 2028 - 19 January 2029
3006 2,096 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
Call-back hours to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2028 - 19 January 2029
4001 8,760 Hours OPTION Physician - Neonatologists
FFP
Three (3) FTEs with 24-hour coverage to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2029 - 19 January 2030
4002 8,760 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
Three (3) Neonatal FTEs with 24-hour coverage to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2029 - 19 January 2030
4003 4,176 Hours OPTION Physician - Neonatologists
FFP
On-call hours to be performed in accordance with the Performance Work Statement
(PWS).
Period of Performance: 20 January 2029 - 19 January 2030
4004 2,088 Hours OPTION Physician - Neonatologists
FFP
Call-back hours to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2029 - 19 January 2030
4005 4,176 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
On-call hours to be performed in accordance with the Performance Work Statement
(PWS).
Period of Performance: 20 January 2029 - 19 January 2030
4006 2,088 Hours OPTION Nurse Practitioner/Pediatric Hospitalist
FFP
Call-back hours to be performed in accordance with the Performance Work Statement (PWS).
Period of Performance: 20 January 2029 - 19 January 2030
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 20-JAN-2025 TO
19-JAN-2026
N/A U S NAVAL HOSPITAL
CDR DESIRAE PIERCE
BUILDING 50 FARENHOLT AVE
AGANA HEIGHTS GU 96910
671-344-8277
HT0654
0002 POP 20-JAN-2025 TO
19-JAN-2026
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 20-JAN-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 20-JAN-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 20-JAN-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 20-JAN-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 20-JAN-2026 TO
19-JAN-2027
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 20-JAN-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 20-JAN-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 20-JAN-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 20-JAN-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 20-JAN-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 20-JAN-2027 TO
19-JAN-2028
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 20-JAN-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 20-JAN-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 20-JAN-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 20-JAN-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 20-JAN-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 20-JAN-2028 TO
19-JAN-2029
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 20-JAN-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 20-JAN-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 20-JAN-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 20-JAN-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
3006 POP 20-JAN-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 20-JAN-2029 TO
19-JAN-2030
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 20-JAN-2029 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 20-JAN-2029 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 20-JAN-2029 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 20-JAN-2029 TO
N/A (SAME AS PREVIOUS LOCATION)
4006 POP 20-JAN-2029 TO
N/A (SAME AS PREVIOUS LOCATION)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)
AUG 2024
52.209-7 Information Regarding Responsibility Matters OCT 2018 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
52.216-27 Single or Multiple Awards OCT 1995 52.217-5 Evaluation Of Options JUL 1990 52.219-33 Nonmanufacturer Rule SEP 2021 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.229-11 Tax on Certain Foreign Procurements--Notice and
Representation
JUN 2020
52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
MAY 2024
252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1)
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.215-7008 Only One Offer DEC 2022 252.215-7015 Program Should-Cost Review NOV 2019 252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro
Regime
JAN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014)
AUG 2024
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
JAN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7005 Management and Reporting of Government Property JAN 2024 252.246-7003 Notification of Potential Safety Issues JAN 2023 252.247-7023 Transportation of Supplies by Sea OCT 2024
CLAUSES INCORPORATED BY FULL TEXT
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
(a) Definitions. As used in this clause--
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Information technology, as defined in 40 U.S.C. 11101(6)--
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
52.204-28 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--FEDERAL SUPPLY
SCHEDULES, GOVERNMENTWIDE ACQUISITION CONTRACTS, AND MULTI-AGENCY
CONTRACTS (DEC 2023)
(a) Definitions. As used in this clause--
Covered article, as defined in 41 U.S.C. 4713(k), means--
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following--
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
(b) Notice. During contract performance, the Contractor shall be required to comply with any of the following that apply: DHS FASCSA orders, DoD FASCSA orders, or DNI FASCSA orders. The applicable FASCSA order(s) will be identified in the request for quotation (see 8.405-2), or in the notice of intent to place an order (see 16.505(b)).
FASCSA orders will be identified in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition, with its Alternate II.
(c) Removal. Upon notification from the contracting officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any covered article or any product or service produced or provided by a source that is subject to an applicable Governmentwide FASCSA order (see FAR 4.2303(b)).
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.
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.
(ii) For all other solicitations and contracts DHS FASCSA orders apply.
(2) The Contractor shall search for the phrase "FASCSA order" in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).
(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.
(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.
(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:
(A) Name of the product or service provided to the Government;
(B) Name of the covered article or source subject to a FASCSA order;
(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;
(D) Brand;
(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(F) Item description;
(G) Reason why the applicable covered article or the product or service is being provided or used;
(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.
(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.
(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.
(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.
(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:
(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.
(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.
(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:
(i) Within 3 business days from the date of such identification or notification:
(A) Contract number;
(B) Order number(s), if applicable;
(C) Name of the product or service provided to the Government or used during performance of the contract;
(D) Name of the covered article or source subject to a FASCSA order;
(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;
(F) Brand;
(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(H) Item description; and
(I) Any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:
(A) Any further available information about mitigation actions undertaken or recommended.
(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.
(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.
(e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.
(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.
52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--PROHIBITION (DEC 2023)
ALTERNATE I (DEC 2023)
(a) Definitions. As used in this clause--
Covered article, as defined in 41 U.S.C. 4713(k), means--
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following--
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
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) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1).
[Contracting Officer must select either "yes" or "no" for each of the following types of FASCSA orders:]
Yes [ ___ ] No [ ___ ] DHS FASCSA Order
Yes [ ___ ] No [ ___ ] DoD FASCSA Order
Yes [ ___ ] No [ ___ ] DNI FASCSA Order
(2) The Contractor shall search for the phrase "FASCSA order" in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).
(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.
(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.
(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:
(A) Name of the product or service provided to the Government;
(B) Name of the covered article or source subject to a FASCSA order;
(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;
(D) Brand;
(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(F) Item description;
(G) Reason why the applicable covered article or the product or service is being provided or used;
(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.
(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.
(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.
(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.
(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:
(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.
(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.
(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:
(i) Within 3 business days from the date of such identification or notification:
(A) Contract number;
(B) Order number(s), if applicable;
(C) Name of the product or service provided to the Government or used during performance of the contract;
(D) Name of the covered article or source subject to a FASCSA order;
(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;
(F) Brand;
(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(H) Item description; and
(I) Any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:
(A) Any further available information about mitigation actions undertaken or recommended.
(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.
(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.
(e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.
(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all
52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--PROHIBITION (DEC 2023)
ALTERNATE II (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…
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