SOW Provisions and Clauses 2026.pdf

THIS SOLICITATION INCORPORATES THE TERMS AND CONDITIONS SET BELOW:

PART I - Instructions to Suppliers for the Submission of Quotations

General Information

When manually issued awards reference the Solicitation, all mandatory and conditional provisions, clauses, and procurement notes are incorporated by reference with the same force and effect as if set forth in full text. The following link has all procedures and guidelines for all Federal Acquisition Regulation - Home | Acquisition.GOV.

Part I - instructs suppliers in the submission of quotations, use of the DIBBS and Email submission.

Part II - contains the Indefinite Delivery Contract (IDC) award evaluation information and specific clauses and procurement note.

Part III -Subpart A contains the mandatory provisions and clauses, Subpart B contains conditional provisions and clauses, and Subpart C contains procurement notes that apply to solicitations, purchase orders and basic contracts. Provisions, clauses, and procurement notes are incorporated by reference. They have the same force and effect as the full text. The full text of provisions, clauses, and procurement notes can be found via the applicable links provided in Part III.

Note: On or about October 5, 2017, mandatory provisions and clauses located in Part III Subpart A will appear in awards. Refer to Part III Subpart B for the conditional provisions and clauses, and Part III Subpart C for the procurement notes. In the event of a conflict between mandatory provisions and clauses explicitly cited in solicitations and awards and those located in the Solicitation Part III Subpart A, the mandatory provisions and clauses in the solicitation or award will take precedence.

DLA Internet Bid Board System (DIBBS) Instructions for Solicitations. (a) SOLICITATION NUMBERING: solicitations are identified by “SPE” in the first three positions of the solicitation number and “Q” in the ninth position of the solicitation number.

EFFECTIVE NOVEMBER 30, 2020, THE OFFEROR, BY SUBMISSION OF ITS QUOTATION,

REPRESENTS THE FOLLOWING : IF DFARS CLAUSE 252.204–7012, SAFEGUARDING

COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING, APPLIES—

(1) IN ACCORDANCE WITH DFARS PROVISION 252.204-7019, IT HAS IMPLEMENTED

THE NIST SP 800171 SECURITY REQUIREMENTS FOR ITS INFORMATION SYSTEMS; AND

(2) ITS SUMMARY LEVEL SCORES ARE POSTED IN THE SUPPLIER PERFORMANCE RISK

SYSTEM (SPRS) (HTTPS://WWW.SPRS.CSD.DISA.MIL/) IN ACCORDANCE WITH

PARAGRAPH (d) OF DFARS CLAUSE 252.204- 7020, NIST SP 800-171 DoD ASSESSMENT

REQUIREMENTS.

THE REQUIREMENTS IN DFARS 252.204-7012, 252.204-7019 AND 252.204-7020 APPLY

WHEN ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION (CUI) IS REQUIRED

FOR THE PERFORMANCE OF A CONTRACT. THE PRESENCE OF CUI IN DLA

PROCUREMENTS IS INDICATED BY THE INCLUSION OF STANDARD TEXT OBJECT (STO)

IN THE PURCHASE ORDER TEXT (POT), THE PROCUREMENT ITEM DESCRIPTION (PID),

THE TECHNICAL DATA PACKAGE, OR OTHER REQUIREMENTS DOCUMENTATION. THE

INCLUSION OF THE FOLLOWING STOS PROVIDES NOTICE THAT THE SOLICITATION

WILL RESULT IN A CONTRACT, TASK ORDER, OR DELIVERY ORDER THAT INVOLVES

CUI. IF STO RD002 - COVERED DEFENSE INFORMATION APPLIES, OR RD003 -

COVERED DEFENSE INFORMATION POTENTIALLY APPLIES, OR RQ032 - EXPORT

CONTROL OF TECHNICAL DATA IS INCLUDED, THE REQUIREMENTS IN DFARS 252.204-

7012, 252.204-7019 AND 252.204-7020 MUST BE MET. FAILURE TO COMPLY MAY RESULT

IN CANCELLATION OF PURCHASE ORDERS.

EFFECTIVE DECEMBER 4, 2023, 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 PROHIBITION IS SET OUT IN AN APPLICABLE FEDERAL ACQUISITION SUPPLY

CHAIN SECURITY ACT (FASCSA) ORDER, AS DESCRIBED IN FAR CLAUSE 52.204-30,

FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS PROHIBITION (DEC

2023).

THE OFFEROR, BY SUBMISSION OF ITS QUOTATION, REPRESENTS IAW FAR PROVISION

52.204-29, FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS –

REPRESENTATION AND DISCLOSURES, THE FOLLOWING: THE OFFEROR HAS

CONDUCTED A REASONABLE INQUIRY, AND THAT THE OFFEROR DOES NOT PROPOSE

TO PROVIDE OR USE IN RESPONSE TO THIS SOLICITATION 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

ORDER IN EFFECT ON THE DATE THE SOLICITATION WAS ISSUED, EXCEPT AS WAIVED,

OR AS DISCLOSED IN PARAGRAPH (e) OF FAR 52.204-29.

THE OFFEROR SHALL REVIEW FAR PROVISION 52.204-29 AND CLAUSE 52.204-30 FOR

FULL DETAILS OF THE REQUIREMENTS FOR COMPLIANCE.

FOR FEDERAL SUPPLY SCHEDULES, GOVERNMENTWIDE ACQUISITION CONTRACTS,

AND MULTI-AGENCY CONTRACTS, FAR CLAUSE 52.204–28, FEDERAL ACQUISITION

SUPPLY CHAIN SECURITY ACT ORDERS - FEDERAL SUPPLY SCHEDULES,

GOVERNMENTWIDE ACQUISITION CONTRACTS, AND MULTI-AGENCY CONTRACTS

(DEC 2023), APPLIES.

RETURN DATE AND TIME: The time for receipt of quotations is 3:00 P.M. Eastern Standard Time, or when applicable, Eastern Daylight Savings Time on the return date. If a return date falls on a Saturday, Sunday or federal holiday, the return date will be extended to the next business day. Quotations submitted using EDI/DIBBS/EMAIL are subject to electronic interface latency which can result in transmission delays. Suppliers must consider transmission delays in the EDI/DIBBS/EMAIL system when submitting quotations and assume the risk of late transmission/submission. As an alternative, the direct entry of quotation information into the DIBBS website OR Email is a method that precludes transmission delays, and will ensure the quotation is evaluated. Except as provided herein, awards will not be made prior to the solicitation return date/time. Solicitations for items with documented urgency may be awarded prior to solicitation return date/time.

Solicitations may also result in award prior to the solicitation return date when the response date is 30 days or greater and a responsive quotation is received prior to the 30 days but at least 11 days after issuance. Therefore, suppliers are advised to submit quotations as quickly as possible. Notice of the extension will be provided by email to suppliers in the competitive range (bids without exception) inviting them to revise their quotation. DIBBS sends an email notification to the email address registered for the person who submitted the quotation. If a third party submitted the quotation, DIBBS sends the notification to the email addresses of the third party and the super user CAGE. Suppliers are responsible for the accuracy of the email addresses in DIBBS. Suppliers who have submitted their best quotation do not need to resubmit.

(c) HOW INTERRUPTIONS AFFECT RETURN TIME AND DATE: If an emergency or unanticipated event interrupts DIBBS processing preventing quotation submission through DIBBS at the close of a solicitation, the return date/time will be extended to the same time of day on the next business day that DIBBS processing resumes. Notice of the extension will be provided on the DIBBS home page. A supplier’s inability to submit a quotation caused by failure of a supplier’s hardware, software, Internet Service Provider, or the World Wide Web itself, is not cause for extension of a solicitation.

(d) LATE QUOTATIONS: Quotations received after the return date/time for solicitations may be considered until the evaluation process begins. Once the evaluation process begins, late quotations will only be considered if the procurement is manually reviewed, and the contracting officer determines that considering the late quotation is in the best interest of the Government and would not unduly delay the award. Quotations received after the evaluation process has begun will not be considered if the procurement is processed entirely through the DLA Evaluation program without manual evaluation or buyer assist.

The procurement will not be manually reviewed solely because a quote is received after the return date/time.

(e) QUOTATION REVISIONS: Suppliers may revise quotations on DIBBS/EMAIL up until the time the solicitation is awarded. Quotation revisions overlay previously submitted quotations on the same solicitation.

(f) QUOTATION WITHDRAWAL: Suppliers may withdraw quotations on DIBBS/EMAIL up until the time the solicitation is awarded by selecting a bid type of “no bid.” A “no bid” quotation overlays a previously submitted quotation on the same solicitation.

(g) SET-ASIDE SOLICITATIONS: Solicitations with an estimated dollar value greater than the micro-purchase threshold and not exceeding the SAT are set-aside for small business or for one of the small business socioeconomic programs when cited in the solicitation. When a solicitation is set-aside for one of the socioeconomic small businesses (SDVOSB, WOSB, EDWOSB, or HUBZone), only small business quotations that comply with the nonmanufacturer rule and limitations on subcontracting will be considered (see FAR 19.505). Refer to Part III, Subpart B, for prescriptions describing nonmanufacturer rule and limitations on subcontracting applicability.

(l) DOD CLASS DEVIATION 2023-O0001: A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories: (A) Small business;

(B) Service-disabled veteran-owned small business

(C) Women-owned small business (WOSB) under the WOSB Program;

(D) Economically disadvantaged women-owned small business under the WOSB Program;

or

(E) Historically underutilized business zone small business.

Questions regarding the DIBBS should be e-mailed to: dibbsBSM@dla.mil or refer to the frequently asked questions on DIBBS at https://www.dibbs.bsm.dla.mil/Refs/help/FrequentlyAskedQuestions/Default.aspx. For immediate assistance, please call 1-877-352-2255.

3. Award Evaluation Information (a) EVALUATION: Acquisitions (excluding solicitations with first article test requirements – (see paragraph (c) below) may be candidates for award under DLA Evaluation program. The program uses price reasonableness logic and other filters to make fully and buyer assisted awards valued at the SAT or less. The Evaluation program begins the evaluation process at the time and date set for receipt of quotations and only considers “qualified quotations” for award. Qualified quotations are in exact compliance with the solicitation requirements (bid type equal to “bid without exception”) and are submitted on the DIBBS/EMAIL.

(1) The following are not considered exceptions to the solicitation requirements and will not make a quotation ineligible for an award: (i) Quoting delivery days different than the required delivery days.

(ii) Quoting a superseding or previously approved part or correction to a CAGE/part number cited in the procurement identification description (PID) for an item described by manufacturer’s CAGE and part number.

(iii) Quoting a used, reconditioned, remanufactured item, or unused former Government surplus property.

(iv) Quoting other than a domestic end product on an unrestricted solicitation.

(v) Quoting a hazardous item.

(vi) Quoting “Other” when the solicitation states a Higher-Level Quality requirement.

(2) The following are considered exceptions to the solicitation requirements and will make a quotation ineligible for an award: (i) Quoting an alternate product or otherwise taking exception to the solicitation’s item description.

(ii) Exceptions to packaging requirements.

(iii) Exceptions to FOB terms.

(iv) Exceptions to inspection requirements.

(v) Exceptions to required quantity.

(vi) Quoting a quantity variance greater than specified on the solicitation.

(vii) Quoting “None” when a Higher-Level Contract Quality Requirement is required.

(viii) Quoting the use of Child Labor.

(ix) Quoting Remarks.

MANUAL EVALUATION FACTORS: If the requirement is evaluated manually, price, delivery, and past performance will be considered in accordance with the terms in the solicitation.

Since delivery is an evaluation factor, there may be an evaluation preference for quotes/offers of fewer delivery days than the number of delivery days requested by the Government. Quoting/offering a greater number of delivery days than requested may result in the quote/offer not being considered.

NOTICE OF AWARD: Purchase orders are based on a submitted quotation. Suppliers are requested to notify the administrative contracting officer, within 14 days after receiving the notice of award, when they will not perform in accordance with a purchase order. Failure to provide prompt notice will adversely affect your past performance evaluation if the purchase order is later cancelled at other than the Government’s request.

EVALUATION DISTRIBUTION: The award will be posted to the DIBBS web site and distributed via email notification with a Web link to an electronic copy of the DD Form 1155, Order for Supplies or Services. Orders will be transmitted via Electronic Data Interchange (EDI) to contractors who are EDI capable. Contractors that are not EDI capable will receive their orders via email award notification containing Web links. Delays in the receipt of awards that are caused by email interruptions and Internet access are not excusable delays and will not extend delivery schedules.

FIRMS NEWLY REGISTERED IN DIBBS: Quotations submitted by firms newly registered in DIBBS (i.e., registered in DIBBS within the past 60 days) in volumes significantly exceeding the historical average for newly registered firms will be excluded from consideration for awards and manual awards.

USE OF SUPPLIER PERFORMANCE RISK SYSTEM (SPRS) RISK ASSESSMENT REQUIREMENT

IN DFARS PROVISION 252.204-7024, NOTICE ON THE USE OF THE SUPPLIER

PERFORMANCE RISK SYSTEM, FOR MANUAL EVALUATION

APPLICATION: Use of SPRS risk assessments is required for the evaluation of quotations or offers in response to solicitations for supplies.

MANUAL EVALUATION FACTORS: When evaluation is not used or if the system is unable to make a fully award, quotations will be evaluated in accordance with (IAW) DFARS provision 252.204-7024 and awarded manually. When the quotation or offer is evaluated manually, contracting officers are required to consider item risk, price risk, and supplier risk assessments, if available in SPRS, IAW DFARS 204.7603, as part of the manual award decision. Offerors or quoters without a risk assessment in SPRS shall not be considered favorably or unfavorably.

PART II – Indefinite Delivery Contract (IDC):

Applies when a “Q” solicitation and resulting award do not specify a firm quantity of supplies (other than a minimum quantity) and provides for the issuance of delivery orders during the period of the contract. Coverage is for DLA orders for stock replenishment (DLA Direct).

2. SIDC Contract: (a) The SIDC contract will incorporate this Solicitation by reference, including the following terms and conditions that will be provided in full text:

(i) Clause: 52.216-19 Order Limitations

(ii) Clause: 52.216-22 Indefinite Quantity

(iii) Clause: 52.216-18 Ordering

(iv) Procurement note H05, Bilateral Simplified Indefinite-Delivery Contract (SIDC) (SEP 2021)

H05 Bilateral Simplified Indefinite-Delivery Contract (SIDC) (SEP 2021)

(1) The Government will award a bilateral SIDC resulting from this request for quote (RFQ) to the responsible offeror whose quote conforms to the terms and conditions in the RFQ and will be most advantageous to the Government, after considering price and other factors. The awardee shall sign the SIDC, which creates a binding contract. The contractor shall return the signed SIDC to the contracting officer.

(2) Pricing of orders. The unit price for orders is based on the price for the quantity range that will cover the total quantity on the order, regardless of destination.

(3) Price evaluation will be based on the price quoted for the estimated annual demand in the schedule.

(4) Once the guaranteed minimum quantity stated in the SIDC is met, the Government is under no obligation to place additional orders. The Government may place additional orders for the period of performance stated in the SIDC, effective from the award date of the SIDC. All additional orders will reference the SIDC, which documents the terms and conditions applicable to each order. The SIDC states the maximum value of each task or delivery orders under the

SIDC. The maximum value of the SIDC will not exceed the SAT; or, for SIDCs using FAR Subpart 13.5, the thresholds in 13.500(a).

PART III – Provisions, Clauses and Procurement Notes:

The following websites are provided to suppliers to obtain the full text of the FAR, DFARS, and DLAD provisions, clauses, and Procurement Notes listed below:

https://www.acquisition.gov, http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html, http://www.dla.mil/hq/acquisition/offers/DLAD.aspx and http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx.

All provisions, clauses, and procurement notes are incorporated herein by reference with the same force and effect as if set forth in full text and made a part of the solicitation/order as applicable. The submission of a quotation in response to a RFQ that references this document constitutes the supplier’s compliance with the representations and certifications and acceptance of the individual clauses, provisions, and procurement notes incorporated by reference herein. Certain representations and certifications may be required as part of a quotation submitted via DIBBS. These representations and certifications will be contained on the DIBBS quotation input form. Suppliers are reminded that all provisions incorporated herein by reference remain binding in their entirety. Any penalties for misrepresentation contained in the reference clauses and provisions apply.

CAUTION NOTICE: OFFERORS ARE REQUIRED TO COMPLY WITH DOMESTIC MATERIAL

RESTRICTIONS. THE BERRY AMENDMENT, THE BUY AMERICAN ACT, AND OTHER

DOMESTIC MATERIAL RESTRICTION MAY APPLY. OFFERORS ARE INSTRUCTED TO

REFER TO THE SOLICITATION CLAUSES RELATED TO FOREIGN SOURCING FOR MORE

INFORMATION ON APPLICABILITY. THE BERRY AMENDMENT THRESHOLD HAS BEEN

REDUCED TO $150,000 AND VENDORS MUST CAREFULLY REVIEW RELATED CLAUSES

DFARS 252.225-7006, 252.225-7012, AND 252.225-7015 FOR APPLICABILITY

REQUIREMENTS. IF YOUR OFFER IS BASED ON A NON-DOMESTIC MATERIAL, YOU ARE

REQUIRED TO PROVIDE DISCLOSURE INFORMATION IN YOUR QUOTE AND/OR

THROUGH WRITTEN NOTIFICATION TO THE POINT OF CONTACT LISTED IN THE

SOLICITATION.

SUBPART A – MANDATORY FAR, DFARS AND DLAD PROVISIONS AND CLAUSES

The following provisions and clauses are applicable to all solicitations and orders:

FAR 52.203-14 (NOV 2021) DISPLAY OF HOTLINE POSTER

As prescribed in 3.1004(b), insert the following clause:

Definition.

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

a Display of fraud hotline poster(s). Except as provided in paragraph (c). (1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites. Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and a Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

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

a Any required posters may be obtained as follows: Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and a The website(s) or other contact information for obtaining the poster(s).)

a Is for the acquisition of a commercial product or commercial service; or a Is performed entirely outside the United States.

a

Poster(s) Obtain from

(Contracting Officer shall insert ---

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

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

(End of clause)

FAR 52.203-18 (JAN 2017) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION

FAR 52.203-19 (Jan 2017) Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

FAR 52.204-7 (Nov 2024) System for Award Management

FAR 52.204-8 (Oct 2025) Annual Representations and Certifications

FAR 52.204-13 (Oct 2018) System for Award Management Maintenance

FAR 52.204-16 (Aug 2020) Commercial and Government Entity Code Reporting

FAR 52.204-17 (Aug 2020) Ownership or Control of Offeror

FAR 52.204-18 (Aug 2020) Commercial and Government Entity Code Maintenance

FAR 52.204-20 (Aug 2020) Predecessor of Offeror

FAR 52.204-21 (Nov 2021) Basic Safeguarding of Covered Contractor Information Systems

FAR 52.204-24 (Nov 2021) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

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

FAR 52.204-26 (Oct 2020) Covered Telecommunications Equipment or Services- Representation

FAR 52.204-27 (June 2023) Prohibition on a ByteDance Covered Application. The contracting officer shall insert the clause at 52.204-27, Prohibition on a ByteDance Covered Application, in all solicitations and contracts, unless an exception is granted in accordance with OMB Memorandum M-23-13

FAR 52.204-29 (Dec 2023) Federal Acquisition Supply Chain Security Act Orders Representation and Disclosures

The provision is prescribed at FAR 4.2306(b) and is for use in all solicitations for contracts, except that for Federal Supply Schedules, Governmentwide acquisition contracts and multi- agency contracts the clause will be inserted in all solicitations for contracts if FASCSA orders apply at the contract level.

The provision will apply to acquisitions valued at or below the SAT; acquisitions of commercial products, including COTS items; and acquisition of commercial services. As prescribed in 4.2306(b), insert the following provision:

FAR 52.204-29 (Dec 2023) Federal Acquisition Supply Chain Security Act Orders— Representation and Disclosures

Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30 (Dec 2023), Federal Acquisition Supply Chain Security Act Orders— Prohibition.

Prohibition. 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 prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation 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 order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

Name of the product or service provided to the Government;

Name of the covered article or source subject to a FASCSA order;

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 Offeror; Brand Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

Item description; Reason why the applicable covered article or the product or service is being provided or used; (f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought.

A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver. Referred to as a DoD FASCSA order.

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

The provision is prescribed at FAR 4.2306(b) and is for use in all solicitations for contracts, except that for Federal Supply Schedules, Governmentwide acquisition contracts and multi- agency contracts the clause will be inserted in all solicitations for contracts if FASCSA orders apply at the contract level.

The provision will apply to acquisitions valued at or below the SAT; acquisitions of commercial products, including COTS items; and acquisition of commercial services. As prescribed in 4.2306(c), insert the following clause:

Federal Acquisition Supply Chain Security Act Orders— Prohibition (DEC 2023)

Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

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

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

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

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

(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—

The Office of the Director of National Intelligence;

The Central Intelligence Agency;

The National Security Agency;

The Defense Intelligence Agency;

The National Geospatial-Intelligence Agency;

The National Reconnaissance Office;

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

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;

The Bureau of Intelligence and Research of the Department of State;

The Office of Intelligence and Analysis of the Department of the Treasury;

The Office of Intelligence and Analysis of the Department of Homeland Security; or

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—

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

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.

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:

For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

For all other solicitations and contracts DHS FASCSA orders apply.

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).

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.

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:

Name of the product or service provided to the Government;

Name of the covered article or source subject to a FASCSA order;

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;

Brand;

Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

Item description;

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.

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:

If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

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:

Within 3 business days from the date of such identification or notification:

Contract number;

Order number(s), if applicable;

Name of the product or service provided to the Government or used during performance of the contract;

Name of the covered article or source subject to a FASCSA order;

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; Brand;

Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

Item description; and

Any readily available information about mitigation actions undertaken or recommended.

Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent 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.

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.

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.

Alternate I ( DEC 2023 ). As prescribed in 4.2306(c), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic clause:

(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

Alternate II ( DEC 2023 ). As prescribed in 4.2306(c)(2)(ii), substitute the following paragraph (b) in place of paragraph

(b) of the basic clause. This clause applies to each order as identified by the Contracting Officer.

(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

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) of this clause.

The Government may identify in the request for quotation (RFQ) or in the notice of intent to place an order additional FASCSA orders that are not in SAM, but are effective and apply to the order.

A FASCSA order issued after the date of the RFQ or the notice of intent to place an order applies to this contract only if added by an amendment to the RFQ or in the notice of intent to place an order or added by modification to the order (see FAR 4.2304(c)). However, see paragraph (c) of this clause. (5)(i) If the contractor wishes to ask for a waiver, the Contractor shall disclose the following:

Name of the product or service provided to the Government;

Name of the covered article or source subject to a FASCSA order;

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 Offeror;

Brand;

Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

Item description;

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) of this clause to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and may instead make award to an offeror that does not require a waiver.

FAR 52.207-4 (AUG 1987) ECONOMIC PURCHASE QUANTITY---SUPPLIES

FAR 52.211-2 (SEP 2023) Availability of Defense Specifications, Standards, and Data Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) website

FAR 52.211-5 (Aug 2000) Material Requirements

FAR 52.211-14 (Apr 2008) Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use

FAR 52.212-1 (SEP 2023) INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (Oct 2025)

FAR 52.212-4 (Nov 2023) CONTRACT TERMS AND CONDITIONS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

FAR 52.213-4 (Oct 2025) Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services)

FAR 52.219-1 (Feb 2024) Small Business Program Representations

FAR 52.219-8 (Jan 2025) Utilization of Small Business Concerns

FAR 52.219-28 (Jan 2025) Post-Award Small Business Program Rerepresentation

FAR 52.222-36 (Jan 2020) Equal Opportunity for Workers with Disabilities.

FAR 52.223-3 (Feb 2021) Hazardous Material Identification and Material Safety Data

FAR 52.223-7 (Jan 1997) Notice of Radioactive Materials

FAR 52.227-1 (Jun 2020) Authorization and Consent

FAR 52.227-2 (Jun 2020) Notice and Assistance Regarding Patent and Copyright Infringement

FAR 52.227-3 (Apr 1984) Patent Indemnity

FAR 52.232-39 (Jun 2013) Unenforceability of Unauthorized Obligations

FAR 52.232-40 (Mar 2023) Providing Accelerated Payments to Small Business

Subcontractors

FAR 52.233-3 (AUG 1996) PROTEST AFTER AWARD

FAR 52.242-15(AUG 1989) STOP-WORK ORDER

FAR 52.242-17 (Apr 1984) Government Delay of Work

FAR 52.243-1 (Aug 1987) Changes – Fixed Price

FAR 52.246-2 (Aug 1996) Inspection of Supplies – Fixed Price

FAR 52.249-8 (Apr 1984) Default (Fixed-Price Supply and Service)

FAR 52.252-1 (Feb 1998) Solicitation Provisions Incorporated by Reference (The full text of a provision may be accessed electronically at this address: https://www.acquisition.gov.

FAR 52.252-2 (FEB 1998) CLAUSES INCORPORATED BY REFERENCE

FAR 52.253-1 (JAN 1991) COMPUTER GENERATED FORMS

DFARS 252.203-7000 (Sep 2011) Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203-7002 (Dec 2022) Requirement to Inform Employees of Whistleblower Rights

DFARS 252.203-7005 (Sep 2022) Representation Relating to Compensation of Former DoD Officials

DFARS 252.204-7000 (Oct 2016) Disclosure of Information

DFARS 252.204-7003 (Apr 1992) Control of Government Personnel Work Product

DFARS 252.204-7004 (JAN 2023) ANTITERRORISM AWARENESS TRAINING FOR

CONTRACTORS

DFARS 252.204-7007 (OCT 2025) Alternate A, Annual Representations and Certifications.

(Includes DFARS 252.204-7016 (Dec 2019), Covered Defense Telecommunications Equipment Or Services – Representation)

DFARS 252.204-7008 (Oct 2016) Compliance with Safeguarding Covered Defense Information

DFARS 252.204-7009 (Jan 2023) Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

DFARS 252.204-7012 (May 2024) Safeguarding Covered Defense Information and Cyber Incident Reporting

DFARS 252.204-7014 (JAN 2023) LIMITATIONS ON THE USE OR DISCLOSURE OF

INFORMATION BY LITIGATION SUPPORT CONTRACTORS

DFARS 252.204-7015 (Jan 2023) Notice of Authorized Disclosure of Information for Litigation Support

DFARS 252.204-7017 (Mar 2021) Prohibition of Acquisition of Covered Defense Telecommunications Equipment or Services-- Representation

DFARS 252.204-7018 (Jan 2023) Prohibition of Acquisition of Covered Defense Telecommunications Equipment or Services

DFARS 252.204-7019 (Nov 2023) Notice Of NIST SP 800-171 DoD Assessment Requirements

DFARS 252.204-7020 (Nov 2023) NIST SP 800-171 DoD Assessment Requirements

DFARS 252.209-7002 (Dec 2022) Disclosure of Ownership or Control by a Foreign Government

DFARS 252.223-7001 (Dec 1991) Hazard Warning Labels

DFARS 252.223-7006 (Sep 2014) Prohibition On Storage, Treatment, And Disposal Of Toxic Or Hazardous Materials—Basic

DFARS 252.223-7008 (Jan 2023) Prohibition Of Hexavalent Chromium

DFARS 252.225-7007 (Dec 2018) Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies

DFARS 252.225-7048 (Jun 2013) Export-Controlled Items

DFARS 252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN

COMMERCIAL SATELLITE SERVICES (DEC 2022)

DFARS 252.232-7003 (Dec 2018) Electronic Submission of Payment Requests and Receiving Reports

DFARS 252.232-7006 (Jan 2023) Wide Area WorkFlow Payment Instructions

DFARS 252.232-7010 (Dec 2006) Levies on Contract Payments

DFARS 252.239-7018 (Dec 2022) Supply Chain Risk

DFARS 252.243-7001 (Dec 1991) Pricing of Contract Modifications

DFARS 252.244-7000 (Jan 2023) Subcontracts For Commercial Products Or Commercial Services

DFARS 252.246-7003 (Jan 2023) Notification of Potential Safety Issues

DFARS 252.247-7023 (Oct 2024) Transportation Of Supplies By Sea

DLAD 5452.233-9001 (Jun 2020) Disputes – Agreement to Use Alternate Dispute Resolution

(ADR)

SUBPART B – CONDITIONAL FAR, DFARS, AND DLAD PROVISIONS AND CLAUSES

The following provisions and clauses apply as indicated below. These provisions and clauses are self-deleting if they do not apply.

FAR 52.204-2 (Mar 2021) Security Requirements Applies to solicitations and contracts when the contract may require access to classified information

FAR 52.204-28 (Dec 2023) Federal Acquisition Supply Chain Security Act Orders— Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts

The clause is prescribed at FAR 4.2306(a) and ONLY APPLICABLE for Federal Supply Schedule actions, Governmentwide Acquisitions and Multi Agency Contracts. It is required in the basic solicitation and resultant contract for all Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts when FASCSA orders are contemplated to be applied at the task or delivery order level. The clause will apply to acquisitions valued at or below the SAT; acquisitions of commercial products, including

COTS items; and acquisition of commercial services. As prescribed in 4.2306(a), insert the following clause:

Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (DEC 2023)

Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

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

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

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

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.

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.

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—

The Office of the Director of National Intelligence;

The Central Intelligence Agency;

The National Security Agency;

The Defense Intelligence Agency;

The National Geospatial-Intelligence Agency;

The National Reconnaissance Office;

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

The…