Sol_140P1425Q0055.pdf

140P1425Q0055

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

07/08/2025 0044016865

1 40

PO Box 168 Mammoth Supply Center / 22 Stable St Yellowstone NP WY 82190

NPS, IMR - Northern Rockies MABO 11/15/2025

NPS, Dinosaur NM

4545 E. Hwy 40

Dinosaur

CO 81610

720 450-5172Sally Leitch

08/07/2025 1400 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Dinosaur National Monument requires a contractor to provide Hazardous Tree Mitigation Services including a Professional Arborist for various locations throughout the site in accordance with the Statement of Work.

Period of Performance: 08/15/2025 to 11/15/2025

00010 Hazardous Tree Mitigation Services including a Professional Arborist in accordance with the Statement of Work.

Product/Service Code: F008 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- RECREATION SITE

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P1425Q0055

MAINTENANCE (NON-CONSTRUCTION)

Delivery: 11/15/2025

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Solicitation: 140P1425Q0055 Point of Contact: Sally Leitch, Contracting Officer sally_leitch@nps.gov

COMBINED SYNOPSIS/SOLICITATION – CONTINUED – 140P1425Q0055.

This is a COMBINED SYNOPSIS / SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6 and 13.5, as supplemented with additional information included in this notice. The National Park Service (NPS) contemplates award of a firm fixed price (FFP) purchase order as a result of this combined synopsis/solicitation.

This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P1425Q0055.

This solicitation incorporates all terms and conditions as established in this document and clauses and provisions that are in effect through Federal Acquisition Circular (FAC) 2025-04 which are located at FAR | Acquisition.GOV and CAAC Letter 2025-02, Supplement 1 which is located at CAAC Letters | Acquisition.GOV.

This RFQ is posted on SAM.gov’s Contracting Opportunities and is a 100% Small Business set-aside.

The North American Industry Classification System (NAICS) code is 561730 – Landscaping Services.

The small business size standard is $9.5 Million.

Line-Items:

Description:

This contract requires hazard tree mitigation and related work in two front country campgrounds and other developed sites in compliance with its terms, specifications, and provisions. This includes furnishing technical expertise, labor, equipment, supervision by a certified arborist, transportation, and operating supplies. Work under this contract includes assessment of tree structure (risk) and mitigation in front country campgrounds and areas around the monument’s housing, in conformance with ANSI (American National Standards Institute) A-300 (Part 9)-2011 Standard Practices for Tree Care Operations (Tree Risk Assessment a. Tree Structure Assessment). It may also include mitigation of hazardous trees in front country campgrounds in conformance with ANSI A-300 (Part 1)-2008 Standard Practices for Tree Care Operations (Pruning).

The work may be performed at locations within Dinosaur National Monument (DINO) in Utah. Work sites may include front country campgrounds and other developed sites. Primary tree species include Fremont cottonwood, boxelder, and lance leaf cottonwood. Secondary tree species may include Lombardy poplar, black walnut, silver (white) poplar, weeping willow, and other ornamental species.

Statement of Work:

See B08 Solicitation Attachment 1 – DINO Hazardous Tree Mitigation Services

List of Attachments:

Number Description Number of Pages

1 B08 Solicitation Attachment 1 – Statement of Work – Dino Hazardous Tree Mitigation Services

Line- Item

Description Quantity Unit of Measure

10 Hazardous Tree Mitigation Services including a Professional Arborist in accordance with the Statement of Work.

1 By Dollars

(BD)

mailto:sally_leitch@nps.gov https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/caac-letters https://www.acquisition.gov/caac-letters sally_leitch@nps.gov

2 B08 Attachment 2 – Wage Determination 2015-5497 Rev. 25 Dated 05/20/2025, Unitah County, Utah

Performance Dates:

8/15/2025 – 12/15/2025

Location:

2 - Front Country Campgrounds Other designated area around housing, offices, and public areas.

PROVISIONS AND CLAUSES APPLICABILITY

FAR provisions 52.212-1, Instructions to Offerors – Commercial Products and Commercial services apply to this requirement and is incorporated by reference (IBR).

FAR 52.212-1 ADDENDUM – INSTRUCTIONS TO QUOTERS:

SAM REGISTRATION REQUIREMENTS:

To be considered for award a firm shall obtain a Unique Entity Identifier (UEI), shall have an active registration, and shall have completed the representations and certifications section in the System for Award Management (SAM) via https://www.sam.gov at the closing date and time of the solicitation; as well as, at the time of award and throughout performance of this requirement.

If a firm has questions regarding the SAM registration process, please call 866-606-8220. If assistance is needed with SAM registration or updating SAM, please contact the Procurement Technical Assistance Center nearest you at http://www.aptac-us.org/new/Govt_Contracting/find.php.

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

Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

AWARD SELECTION PROCESS

Award will be made in accordance with the procedures established in FAR 13 to the quoter who is determined to be the overall best value at a fair and reasonable price based on comparative evaluation procedures.

The Government reserves the right to consider a quotation other than the lowest priced that provides a benefit to the Government that meets the minimum requirements of the solicitation but is not required to do so. Each quote shall meet the minimum requirements of the solicitation to be considered eligible for technical evaluation and award consideration.

If multiple quotes are determined to be technically acceptable with all being determined comparatively equal, the award will be made to the quoter with the lowest price.

This award does not contain options.

mailto:sally_leitch@nps.gov https://www.sam.gov/ http://www.aptac-us.org/new/Govt_Contracting/find.php sally_leitch@nps.gov

EVALUATION PROCEDURES

This procurement will use Simplified Acquisition Procedures (SAP) in accordance with FAR 13.106- 1(a)(2) and FAR 13.106-2(b). Evaluation procedures in FAR 13.106 provide broad discretion in establishing suitable evaluation procedures. Using price and other related factors listed below the contracting officer shall ensure that eligible quotations can be evaluated in an efficient and minimally burdensome fashion using comparative evaluation procedures. Comparative evaluations encourage the use of “best value,” and are not required to state the relative important of evaluation factors or subfactors.

This solicitation will evaluate:

1. Price.

2. Technical Capability: A narrative that addresses in the quoter’s own words how they will meet the state requirements of the Statement of Work. This narrative shall contain sufficient information to conduct meaningful evaluations and be based on the requirements and type of work being solicited. Copying the governments SOW, simply stating your firm can meet the requirements, or just providing a capability statement shall cause the firms quote to be ineligible for award and not further considered.

3. Past Experience: Quoter shall provide at minimum of three past experiences of the same scope, size and cost to include any subcontractors, their business size and SAM UEI number specifically related to Hazardous Tree Mitigation Services including a certified Arborist.

All eligible quotes shall be evaluated in accordance with the factors described herein. The evaluation factors used in this RFQ are technical, past experience and price. Award will be made to the quoter who is determined to be the overall best value to the Government by using comparative evaluation. A comparative evaluation is where each quote will be compared side-by-side with other quotes to determine the overall best value to the Government.

Quoters are reminded to include their best technical and price terms in their initial quote and not to automatically assume they will have an opportunity to participate in discussions or be asked to submit a revised quote.

Quotes will receive a preliminary review to determine whether the quote contains sufficient information, as required by the solicitation to be eligible for evaluation. If the results of the preliminary review indicate that the quote lacks sufficient information to allow a meaningful evaluation to be conducted, the Contracting Officer as the sole deciding authority may determine a quote as ineligible and may remove the quote from further evaluation and consideration for an award.

Quoters shall not copy the Scope of Work and state the firm can meet the requirement. Nor shall the Quoter copy the Scope of Work and add comments to specific areas.

The contracting officer shall conduct the price evaluation, and the technical evaluator(s)s will evaluate the technical and past experience portion of the quotes and make a recommendation of award to the contracting officer. If all quotes are determined to be technically equal, the award will be made to the lowest priced quote. Additional details on the evaluation process are detailed below.

In accordance with FAR 9.104 a determination of contractor responsibility or non-responsibility will be made by various systems including but not limited to SAM, CPARS, and FAPIIS.

The following factors shall be used to evaluate quotes for technical and past experience:

Factor 1: Technical Capability mailto:sally_leitch@nps.gov sally_leitch@nps.gov

Technical Capability will be initially rated by the technical evaluator(s) as either “Acceptable” or “Unacceptable.” An “Unacceptable” rating shall deem the quoter ineligible for award.

Acceptable Information provided demonstrates the quoter has the technical capability of all contractual requirements of the solicitation, portrays a clear and technical understanding of the project requirements, and has provided all the submission requirements.

Unacceptable Information provided does not demonstrate that the quoter has the technical capability of all contractual requirements of the solicitation, does not portray a clear and technical understanding of the project, and did not provide all the required submission requirements.

The technical evaluators will take the remaining technically acceptable quotes and compare them to one another to determine what quote is the overall best value to the government and make their technical recommendation for award based on this side-by-side evaluation based on the established requirement and information provided in the quoters quote. If all remaining quotes are determined to be technically equal, the award will be made to the quoter with the lowest priced quote upon the contractors fair and reasonable price determination.

Quoter shall provide the following:

Technical Criteria

A narrative that addresses in the quoter’s own words how they will meet the state requirements of the Statement of Work. This narrative shall contain sufficient information to conduct meaningful evaluations and be based on the requirements and type of work being solicited. Copying the governments SOW, simply stating your firm can meet the requirements, or just providing a capability statement shall cause the firms quote to be ineligible for award and not further considered.

Factor 2: Past Experience

Quoter shall provide the following:

Past Experience

Quoter shall provide at minimum of three past experiences of the same scope, size and cost to include any subcontractors, their business size and SAM UEI number specifically related to Hazardous Tree Mitigation Services including a certified Arborist.

The following factor shall be used to evaluate price fair and reasonableness:

Factor 3: Price

All line-item Pricing shall be a firm fixed-price, valid for a minimum of 180 days, and include at minimum supervision, all labor, materials/supplies, transportation/delivery, and other direct costs.

sally_leitch@nps.gov

Quoters shall submit their quoted pricing using the Price Schedule found in the checklist above and attach a detailed breakdown for all line-items. Failure to submit pricing and a breakdown for all items will deem the quoter ineligible for award.

The Contracting Office will review the pricing for fair and reasonableness. For price to be reasonable, it shall represent a price to the Government that a prudent person would pay in the conduct of competitive business.

Service Contract Labor Standards:

The Service Contract Labor Standards Act applies to line-item 10. Wage Determination 2015-5497 for Unitah County, Utah is attached.

Site Visit:

An organized site visit is authorized at this time. However, all interested parties are encouraged to use real-time maps or if capable to visit the site to conduct a self-site visit that shall not be escorted, provide any questions and answers onsite, or be reimbursed. No adjustments to pricing shall be made for assumptions/mis-calculating information, costs, labor, etc. after award.

INSTRUCTIONS TO QUOTERS

Quotes shall be in accordance with and must be in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in the respondent’s quote being determined ineligible and not being considered further for evaluation and award.

Please note the time listed is the time by which all quotes shall be received by, not sent by. Emails will have a received date and time that will show when the quote received into the contracting officers email box. Quotes submitted after the closing date and time may not be accepted.

A quote that merely reiterates or promises to accomplish the requirements of the RFQ will be considered incomplete and not considered further for award. A Quote that is orderly, provides all required items in the submission checklist, and sufficiently documented will enable the Government to perform meaningful and fair evaluations. Quotes that fail to address any of the items listed in the submission checklist shall be deemed incomplete, and the Quote will not be further considered for award.

If an Quoter believes that requirements in these instructions contain an error, omission, or are otherwise unsound, the Quoter shall immediately notify the Contracting Office in writing (email is the preferred method) with supporting rationale. All concerns shall be submitted to the Contracting Officer, Sally Leitch at Sally_Leitch@nps.gov.

By submission of its Quote, the Quoter accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Quoters with any “Incomplete” and/or “Unacceptable” technical ratings will not be considered for award. Quoters shall clearly identify any exception to the solicitation and conditions and provide complete accompanying rationale.

Quotes shall be valid for a minimum of 180 days.

Questions:

All questions shall be submitted in writing by Noon (12:00 PM, Mountain Time (MT)) on 7/7/2025, via email to the CO, sally_leitch@nps.gov. Phone calls shall not be accepted.

mailto:sally_leitch@nps.gov mailto:Sally_Leitch@nps.gov sally_leitch@nps.gov

Quote Due Date & Time:

Quotes shall submit a quote to the CO via email to sally_leitch@nps.gov by the closing date and time of 8/7/2025, at 2:00 PM (MT). Late quotes may not be accepted.

Late Quotes:

Quotes received after the closing date and time may not be accepted. The determination in accordance with FAR 52.212-1(f)(2)(ii), Late Submissions to accept a late quote will be made solely by the Contracting Officer. It is the responsibility of the quoter to ensure that the entire quote is received, not just sent. All quotes received have a date and time received into the contracting officer’s email. This date and time will be the determination if a quote is late.

Anticipated award date: 8/15/2025.

Quoters shall submit the following information in its entirety in PDF format via email:

Format for Quotes:

1. Quotes shall be 8 ½” x 11” .pdf format

2. A page is defined as one face of a sheet of paper containing information

3. Typing shall not be less than 11 pitches (Times New Roman/Ariel/etc., narrow border, no artistic script for readability

4. Elaborate formats, bindings, or color presentations are not desired or required

5. Email(s) cannot exceed 10mbs

Overview of Acceptability Submission Requirements (in the order listed below):

● Submission Checklist

● SF 18, completed and signed

● Amendments, if applicable, completed and signed.

● Completed Provision 52.204-24

● Completed Quote Contact Data

● Contract Price Schedule

SUBMISSION CHECKLIST:

Submission Checklist Quote Submission Requirements

Completed and signed SF 18 Sections:

8a-f, 13a-f, & 14 - 15 on page 1 of this document

Completed Provision: (Entire Provision)

52.204-24 pages 22 - 24 with highlighted portions on page 23 filled out.

Completed Amendments, if amendments are posted, it is the quoters responsibility to ensure they have returned all amendments

Blocks 8 and 15a-c sally_leitch@nps.gov

Complete and Return:

Quoter Contact Data Quoters Name:

Address:

City/State/Zip:

Quoters POC:

Quoters email:

Quoters Phone:

Quoters SAM ID:

Quoters Cage Code:

Quoters Business Size:

Contract Price Schedule Complete and Return:

Pricing shall not be referenced anywhere else in the quoter’s Quote submission.

Solicitation Number: 140P1425Q0055 DINO Hazardous Tree Mitigation Services

QUOTER

NAME:

Notice: Quoters are required to submit, a quote that conforms to the solicitation documents with pricing for line-items. Failure to do so may render the Quote ineligible.

Pricing is all-inclusive.

Contractor shall include a breakdown of all associated costs in the total price to assist with fair and reasonable price determination.

In case of error in summation, the total of the corrected amounts governs. Round totals and extended prices to whole dollars.

Quoter acknowledges by presenting the proposed pricing herein that all pricing shall be held firm for 180 days from the date and time the Quotes are due.

Line-Item Number

Contract Line-Item Title Quantity Unit of Measure

Line-Item Price

10 Hazardous Tree Mitigation Services including a Professional Arborist in accordance with the Statement of Work.

1 By Dollars

Total Firm Fixed Price $

All invoices shall be submitted through the IPP invoicing platform.

Required Technical sally_leitch@nps.gov

A narrative that addresses in the quoter’s own words how they will meet the state requirements of the Statement of Work. This narrative shall contain sufficient information to conduct meaningful evaluations and be based on the requirements and type of work being solicited.

Copying the governments SOW, simply stating your firm can meet the requirements, or just providing a capability statement shall cause the firms quote to be ineligible for award and not further considered.

Required Past Experience Quoter shall provide at minimum of three past experiences of the same scope, size and cost to include any subcontractors, their business size and SAM UEI number specifically related to Hazardous Tree Mitigation Services including a certified Arborist.

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Sally Leitch, Contracting Officer via email at sally_leitch@nps.gov.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW., Room 6511, Washington, DC 20240.

(End of Provision) (End of Addendum)

FAR Provision 52.212-2 Evaluation – Commercial Products and Commercial Services does not apply, all applicable information regarding evaluation criteria is provided above in the Addendum to FAR 52.212-1.

FAR Provision 52.212-3 Offeror Representations and Certifications – Commercial Products Commercial Services applies to this requirement and can be located in the Provision Section of this solicitation.

FAR Clause 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services applies to this requirement and is IBR.

FAR 52.212-4 Addendum – Contracts Terms and Conditions – Commercial Products and Commercial Services:

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http:// www.acquisition.gov/far/

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

DIAR 1452.233-2 Service of Protest JUL 1996 (Deviation)

FAR 52.252-2 Clauses Incorporated by Reference FEB 1998 mailto:sally_leitch@nps.gov https://www.acquisition.gov/far/part-33#FAR_33_101 http://www.acquisition.gov/far/ sally_leitch@nps.gov

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

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

NOV 2023

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.245-1 Government Property SEP 2021 52.245-9 Use and Charges APR 2012

(End of Clause)

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

(b) The use in this solicitation or contract of any Department of Interior Regulation (48 CFR, Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause) (End of Addendum)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders – Commercial Products and Commercial Services applies to this requirement and is located in Clause Section of this solicitation. All applicable clauses listed in this clause are checked within.

ADDITIONAL REQUIREMENTS & CONTRACT TERMS AND CONDITIONS

The National Park Service contemplates award of an open market, firm-fixed-price, purchase order as a result of this combined synopsis/solicitation to the vendor.

Contractor shall not bill/invoice for amounts over the awarded/obligated amount for all items delivered.

Undelivered items shall not be billed or invoiced. Contractor shall not be reimbursed for services performed in excess of obligated funding. Contractor shall bill as stated in the Price Schedule section above.

Clauses Section

a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

FAR 52.252-6 Authorized Deviation in Clauses NOV 2020

FAR 52.212-5

Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services - JAN 2025

DEVIATION FEB 2025)

sally_leitch@nps.gov

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] ☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☐(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

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

☐ (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

__(ii) Alternate I (DEC 2023) of 52.204–30 ☒ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JAN 2025) (31 U.S.C. 6101 note).

☒ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.657a).

sally_leitch@nps.gov

☐ (16) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (17) [Reserved] ☒ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☒ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (JAN 2025) of 52.219-9 ☐ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

☒ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

☒ (26) (i) 52.219-28, Post Award Small Business Program Re-representation (JAN 2025) (15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

☐ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (June 2003) (E.O.11755).

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

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

☒ (34) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

☐ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (July 2014) of 52.222-35.

☒ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (July 2014) of 52.222-36.

☐ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☒ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

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☐ (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products and commercial services as prescribed in FAR 22.1803.)

☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf-items.)

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C 7671, et seq).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners ((May 2024) (42 U.S.C 7671, et seq).

☐ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C 7671, et seq).

☐ (45) 52.223-21, Foams (May 2024) (42 U.S.C 7671, et seq).

☒ (46) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB 2025) 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) ☐ (47) (i) Privacy Training (JAN 2017) (5 U.S.C. 552a).

☐ (ii) Alternate I (Jun 2017) of 52.224-3.

☐ (48) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

☐ (ii) Alternate I (OCT 2022) of 52.225-1.

☐ (49) (i) 52.225–3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501– 4732), Public Law 103–182, 108–77, 108–78, 108–286, 108–302, 109–53, 109–169, 109– 283, 110–138, 112–41, 112–42, and 112–43.

☐ (ii) Alternate I [Reserved] ☐ (iii) Alternate II (JAN 2025) of 52.225-3.

☐ (iv) Alternate III (FEB 2024) of 52.225-3.

☐ (v) Alternate IV (OCT 2022) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☒ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513) ☐ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C.3805).

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☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

☐ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☒ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

☐ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

This statement is for Information Only. It is not a Wage Determination.

Employee Class Monetary Wage – Fringe Benefits WG 7 Landscaping $22.37 + $5.36 ☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (JAN 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this sally_leitch@nps.gov contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212)

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78and E.O 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

sally_leitch@nps.gov

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.212-5 Addendum to Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and 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.

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(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…