SPE2DX24R0001 revised by Amendment 0008.pdf

Table of Contents Page Continuation of Blocks from the Standard Form 1449 3 Block 8, Offer Due Date/Local Time 3

SPE2DX-24-R-0001 Page 2 of 216

Block 9, Issued By 3 Block 17a, Contractor/Offeror 3 Block 17b, Remittance Address 3 Block 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit 4

Caution Notices Contractor Code of Business Ethics 4

Contract Clauses 52.212-4 Contract Terms and Conditions—Commercial Items (by reference, see SF 1449, Block

27a)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items

Addendum Containing Supplementary Clauses in Full Text and by Reference 17 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services

252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations 19 52.216-18 Ordering 20 52.216-19 Order Limitations 21 52.216-21 Requirements 21 52.217-9 Option to Extend the Term of the Contract 22 52.222-19 Child Labor – Cooperation with Authorities and Remedies 22 52.252-2 Clauses Incorporated by Reference 23 52.252-6 Authorized Deviations in Clauses 24

STATEMENT OF WORK 24

Solicitation Provisions

52.212-1 Instructions to Offerors—Commercial Items 160 Addendums to 52.212-1 164 52.212-2 Evaluation—Commercial Items 173 52.212-3 Offeror Representations and Certifications - Commercial Items, Alternate I 184 Addendum Containing Supplementary Provisions in Full Text and by Reference 202 252.204-7016 Covered Defense Telecommunications Equipment or Services - Representation 202 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services—Representation

252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations—Representation 203 52.204-20 Predecessor of Offeror 204 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

52.204-26 Covered Telecommunications Equipment or Services – Representation 207 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures 207 52.215-6 Place of Performance 208 52.216-1 Type of Contract 209 52.217-5 Evaluation of Options 209 52.233-2 Service of Protest 209 5452.233-9001 Disputes: Agreement to Use Alternative Dispute Resolution (ADR) 209 52.252-1 Solicitation Provisions Incorporated by Reference 210 52.252-5 Authorized Deviations in Provisions 210

Procurement Notes L02 Electronic Order Transmission 210

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L06 Agency Protests 211 L09 Reverse Auction 211 Additional Clauses as Applicable 212 Attachments 216

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: May 24, 2024 3:00PM Eastern Standard Time (EST).

2. Block 9: Submission Instructions

› Submit offers “electronically” at the Defense Logistics Agency Internet Bid Board System (DIBBS) https://www.dibbs.bsm.dla.mil/

› Instructions

• Vendors are required to register for DIBBS prior to submission of any offer.

• Registration assistance and guidelines may be found at:

https://www.dibbs.bsm.dla.mil/refs/help/Registration/RegistrationGuidelines.aspx

• When registered, the vendor may submit an offer in response to a solicitation found on the

RFP search screen by selecting the “Offer” icon. The button will only be selectable for vendors who are logged onto DIBBS. If not logged in yet, DIBBS will take you to the log in screen.

o Solicitation Number: SPE2DX-24-R-0001 o Opening/Closing Date and Time: March 13, 2024 to May 24, 2024 3:00PM EST

• Upload a completed offer and all associated documents. The SF 1449 must be signed and the offer completed in its entirety in accordance with the solicitation requirements. Do not select “submit” until all associated documents are added. No data will be saved unless the offer is submitted. Once submitted, documents may be added, but not removed. No documents may be submitted after the closing date on May 24, 2024 3:00PM EST.

• If the ability to upload proposals is unavailable for any reason, this does not constitute an acceptable reason for a late bid.

o CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.212-1 paragraph f (Page 166 of the solicitation).

• The instructions to upload a solicitation and associated documents can be found at:

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPort als%2F104%2FDocuments%2FInformationOperations%2FEBS%2520Supplier%2520Infor mation%2FUpload%2520Proposal%2520DIBBS%2520Help.docx

• Please contact Catherine.gilbert@dla.mil with any questions or technical issues related to DIBBS submission of offers for this solicitation.

3. Block 17a › Offeror’s assigned Unique Entity Identifier Number: _______________

(If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on establishing a unique entity identifier.)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

4. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

https://www.dibbs.bsm.dla.mil/ https://www.dibbs.bsm.dla.mil/refs/help/Registration/RegistrationGuidelines.aspx https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FInformationOperations%2FEBS%2520Supplier%2520Information%2FUpload%2520Proposal%2520DIBBS%2520Help.docx https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FInformationOperations%2FEBS%2520Supplier%2520Information%2FUpload%2520Proposal%2520DIBBS%2520Help.docx https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FInformationOperations%2FEBS%2520Supplier%2520Information%2FUpload%2520Proposal%2520DIBBS%2520Help.docx

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5. Blocks 19-22 Item No., Schedule of Supplies/Services, Quantity, Unit: (see page 7)

CAUTION NOTICE

1. CONTRACTOR CODE OF BUSINESS ETHICS

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; contained elsewhere in the solicitation or contract, the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States code or any violations of the False Claims Act. (31 U.S.C. 3729-3733)

2. CONTRACT TYPE: The Government intends to award Firm Fixed-Price Requirements contracts.

3. PURPOSE OF SOLICITATION. This contract will be the Pharmaceutical Prime Vendor Global (PPV-G) fifth Generation (GEN V) contract. The Defense Logistics Agency (DLA) Troop Support Medical Supply Chain is hereby soliciting offers to establish Prime Vendor Contracts for the PPV-G GEN V program which provides worldwide support to Defense Health Agency (DHA), Department of Defense (DoD) customers, the United States Coast Guard, Designated Providers, Other Government Agencies, and the US Naval Fleet facilities and/or US Naval Fleet consolidation points which include the USS Ships/submarines plus the USNS Mercy and USNS Comfort by providing pharmaceutical (brand, generic, specialty), and pharmaceutical-related products. Throughout the contract, the Prime Vendor(s) are expected to support normal day-to-day operations, planned and unplanned contingency, Prime Vendor Readiness (PVR) and War Readiness Material (WRM) support to Continental United States (CONUS) and Outside the Continental United States (OCONUS) locations. The PPV will be required to provide next day deliveries (Mon–Fri) to CONUS customers and product should be offered to the Government carrier within one day of order placement for OCONUS customers. Price and Non- Price Proposals are to be assembled in accordance with clause 52.212-1, Addendum #2.

4. LOWEST PRICE TECHNICALLY ACCEPTABLE ACQUISITION. This is a Lowest Price Technically Acceptable (LPTA) Acquisition. The offerors will be evaluated based on the Government’s minimum technical requirements as stated in the Solicitation. An award will be made to the responsible offeror whose proposal is determined to be technically acceptable and provides the lowest evaluated price. (Lowest Price is based on best overall distribution fee computation: refer to FAR 52.212-2(a) “Examples of How Competing Offers Will be Evaluated”) [page 179]

SPE2DX-24-R-0001 Page 5 of 216

5. REVERSE AUCTION. NOTICE: This solicitation contains Procurement Note L09 for Reverse

Auction (RA) on page 211. The Government may activate this provision after timely offers have been received and evaluated. Prior to doing so, the Contracting Officer will establish a competitive range, decide whether an RA will be conducted, and determine which firms will participate in this event.

Those firms removed from the competitive range will be notified in writing prior to the Government conducting the RA. The Reverse Auction vendor, Procurex, Inc., provides the tool/software that allows for the Reverse Auction. By submitting an offer, the offeror consents that Procurex, Inc. or another RA Vendor may have access to its submitted data for the purpose of the Reverse Auction. Procurex, Inc. has a confidentiality agreement in place.

6. SUBCONTRACTING PLAN. All large business offerors must submit a subcontracting plan with its offer. Vendors may submit a commercial subcontracting plan or individual subcontracting plan.

Instructions for submitting the subcontracting plan are included in FAR 52.212-1. Contractors are required to submit annual subcontracting plans in electronic Subcontracting Reporting System (eSRS) and report their progress on subcontracting goals in eSRS. eSRS is an internet-based tool that streamlines the process of reporting on subcontracting plans and provides agencies with access to analytical data on subcontracting performance. More information on eSRS can be found at www.esrs.gov.

Subcontracting plans and subcontract reports must be submitted in accordance with FAR 19.704 Subcontracting Plan Requirements.

7. PRODUCT PRICING. Will be based on the following (each item will be priced using one of these pricing sources):

Federal Supply Schedule (FSS) issued by the Department of Veteran Affairs (DVA), Distribution and Pricing Agreement (DAPA) issued by DLA Troop Support –Medical Supply Chain, Uniform Formulary (UF) Blanket Purchase Agreement (BPA) issued by the Defense Health Agency (DHA), DoD National Contracts issued by DLA Troop Support, DVA National Contracts, Incentive Agreements, or Regional

DAPA.

A “Regional DAPA” item is a pharmaceutical product that has a National Drug Code (NDC) number and a published Average Wholesale Price (AWP) but is not covered under an existing DLA Troop Support – Medical Supply Chain DAPA, FSS, UF, BPA or National Contract, or incentive agreement.

The following Government pricing vehicle holders-DAPA, National Contract, FSS, UF and BPA- have consented to allow the PPV-G selected by DLA Troop Support - Medical Supply Chain to distribute its products to the supported customers and agrees that the PPV-G will be charged no more than the prices set forth in the DAPA, National Contract, FSS, UF or BPA. The total price charged by the PPV-G to the customer shall not exceed that cited in the applicable DAPA, National Contract, FSS, UF, or BPA plus the negotiated distribution fee and DLA Troop Support – Medical Supply Chain’s cost recovery rate

(CRR).

All Prime Vendors (both primary and back-up) are expected to negotiate in good faith when engaging in negotiations to establish agreements with national contract holders. The Government is not obligated to become involved in or assume any responsibility for financial or other disputes involving these agreements. Since it is required to have an agreement in place with national contract holders, failure to do so may result in negative information in CPARS, filing of a claim and even termination.

SPE2DX-24-R-0001 Page 6 of 216

8. ADVISORY AND ASSISTANCE SERVICES. DLA Troop Support will utilize a Non-Government employee of CACI, Inc.-Federal as an advisor to assist in the review of Technical Requirement #2 – PVR/WRM in the Source Selection Process. Non-Government advisors may assist in and provide input regarding the evaluation, but they will not determine ratings or rankings of offerors’ proposals.

The Non-Government employee above will be bound by a Non-Disclosure/Conflict of Interest statement to protect proprietary and source selection information. Any objections to the specified use of the firm stated above (CACI, Inc.-Federal) shall be submitted to the Contracting Officer within 20 calendar days of the issuance of the solicitation. Submission of a proposal without such objection will be considered as consent to the specified use of the firm stated above.

9. PRE-PROPOSAL CONFERENCE. A pre-proposal conference will be held virtually April 10, 2024, at 9:00AM EDT to 12:00PM EDT. If you plan to attend the pre-proposal conference you must contact Lorinda M. Ferraiolo at Lorinda.ferraiolo@dla.mil and Catherine Gilbert at Catherine.gilbert@dla.mil to be placed on the attendee list. A meeting invite will be sent via email. Please send any proposal or program related questions to the points of contact referenced above before April 3, 2024, 05:00PM EDT to be addressed during the pre-proposal conference. Any additional questions may be sent up until two (2) weeks before the closing of the solicitation. All responses to questions will be provided via an amendment.

Please note: The pre-proposal conference time and date are subject to change. If there are any changes to the pre-proposal conference, a notification will be posted via the SAM.GOV website.

10. PHARMACEUTICAL PRIME VENDOR OVERVIEW: The following “reference” link has been uploaded for potential offerors at:

https://www.medical.dla.mil/Portal/PrimeVendor/PvPharm/PharmPVOverview.aspx

11. SALES DATA. The most recent PPV-G sales data is attached for reference purposes titled “Attachment #1 – PPV-G GEN IV FY23 Sales by NDC”

NOTE: For purposes of this Pharmaceutical Prime Vendor Global Generation V (PPV-G GEN V) solicitation, the terms “Pharmaceutical Prime Vendor” (PV, PPV, or PPV-G) and “PPV contractor” refer to each firm selected as a Primary Supplier (PS) or Back-up Supplier (BS).

PHARMACEUTICAL PRIME VENDOR DISTRIBUTION FEES

Vendors shall submit their proposed distribution fees within Attachment #2 – PPVG GEN V – Price Proposal Submission Spreadsheet.

All estimates are based on FY2016 through 2022 PPV-G sales (which include a 3.68% annual increase based on forecasted sales)

Normal Day-To-Day PPV-G Sales for:

NORTH / EUCOM Primary Supplier Brand/Generic and Specialty items mailto:Lorinda.ferraiolo@dla.mil mailto:Catherine.gilbert@dla.mil

SPE2DX-24-R-0001 Page 7 of 216

Scope - Sales estimate includes Normal Day-To-Day PPV sales combined with Prime Vendor Readiness and War Readiness Material (PVR/WRM) sales for North/EUCOM customers. Offerors must only offer one distribution fee per each line item.

Estimates for 30 month periods:

Base period - $2.12B 1st option period - $2.32B 2nd option period - $2.55B 3rd option period - $2.78B

TIME PERIOD REQUIREMENTS

LINE

ITEM

NO.

PROPOSED DISTRIBUTION FEE

(same for both Day-To-Day PPV &

PVR/WRM)

Initial 30 month Base period Brand & Generic 0001AA % 1st 30 month Option period Brand & Generic 0001AB % 2nd 30 month Option period Brand & Generic 0001AC % 3rd 30 month Option period Brand & Generic 0001AD % Initial 30 month Base period Specialty 0002AA % 1st 30 month Option period Specialty 0002AB % 2nd 30 month Option period Specialty 0002AC % 3rd 30 month Option period Specialty 0002AD %

WEST/ PACOM Primary Supplier

Scope - Sales estimate includes Normal Day-To-Day PPV sales combined with PVR/WRM sales for West/PACOM customers. Offerors must only offer one distribution fee per each line item.

Estimates for 30 month periods:

Base period - $2.04B 1st option period - $2.23B 2nd option period - $2.45B 3rd option period - $2.67B

TIME PERIOD REQUIREMENTS

LINE

ITEM

NO.

PROPOSED DISTRIBUTION FEE

(same for both Day-To-Day PPV &

PVR/WRM)

Initial 30 month Base period Brand & Generic 0003AA % 1st 30 month Option period Brand & Generic 0003AB % 2nd 30 month Option period Brand & Generic 0003AC % 3rd 30 month Option period Brand & Generic 0003AD % Initial 30 month Base period Specialty 0004AA % 1st 30 month Option period Specialty 0004AB % 2nd 30 month Option period Specialty 0004AC % 3rd 30 month Option period Specialty 0004AD %

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SOUTH/ SOUTHCOM Primary Supplier

Scope - Sales estimate includes Normal Day-To-Day PPV sales combined with PVR/WRM sales for South/SOUTHCOM customers. Offerors must only offer one distribution fee per each line item.

Estimates for 30 month periods:

Base period - $2.13B 1st option period - $2.33B 2nd option period - $2.55B 3rd option period - $2.79B

TIME PERIOD REQUIREMENTS

LINE

ITEM

NO.

PROPOSED DISTRIBUTION FEE

(same for both Day-To-Day PPV &

PVR/WRM)

Initial 30 month Base period Brand & Generic 0005AA % 1st 30 month Option period Brand & Generic 0005AB % 2nd 30 month Option period Brand & Generic 0005AC % 3rd 30 month Option period Brand & Generic 0005AD % Initial 30 month Base period Specialty 0006AA % 1st 30 month Option period Specialty 0006AB % 2nd 30 month Option period Specialty 0006AC % 3rd 30 month Option period Specialty 0006AD %

FLEET (CONUS and OCONUS) Primary Supplier

Scope - Sales estimate includes Normal Day-To-Day PPV sales. Offerors must only offer one distribution fee per each line item including DVD for Fleet CONUS and OCONUS.

Estimates for 30 month periods:

Base period - $17.08M 1st option period - $18.62M 2nd option period – $20.46M 3rd option period - $22.31M

TIME PERIOD REQUIREMENTS LINE ITEM

NO. PROPOSED DISTRIBUTION FEE

Initial 30 month Base period Brand & Generic 0007AA % 1st 30 month Option period Brand & Generic 0007AB % 2nd 30 month Option period Brand & Generic 0007AC % 3rd 30 month Option period Brand & Generic 0007AD % Initial 30 month Base period Specialty 0008AA % 1st 30 month Option period Specialty 0008AB %

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NOTE: In accordance with the provisions of FAR clause 52.217-9, the Government reserves the right to not exercise all of the option periods. The Distribution Fee represents the percentage that is applied to the price of the product upon ordering pharmaceutical items under the PPV-G Program that have an established Government contracted price. Different distribution fees can be submitted for each option period.

A vendor offering as the North/EUCOM Primary Supplier must submit distribution fees for line items 0001AA through 0002AD. A vendor offering as the West/PACOM Primary Supplier must submit distribution fees for line items 0003AA through 0004AD. A vendor offering as the South/SOUTHCOM Primary Supplier must submit distribution fees for line items 0005AA through 0006AD. A vendor offering as the Fleet (CONUS and OCONUS) Primary Supplier must submit distribution fees for line items 0007AA through 0008AD. A vendor offering as the Back-Up supplier must submit distribution fees for 0009AA through 00010AD. Offerors may offer on all Primary Supplier and Back-up Supplier line items, on Primary Supplier line items only, and/or Back-up Supplier line items.

The Government intends to make only one award per region. A vendor may win no more than three Primary Supplier regions (North/EUCOM, West/PACOM, South/SOUTHCOM, and/or Fleet (CONUS/OCONUS).

If an offeror wins any Primary Supplier contract, they cannot win the Back-up supplier contract.

The Government intends to evaluate Primary Supplier regions first (North/EUCOM, West/PACOM, South/SOUTHCOM, and Fleet) and the Back-Up region last (see FAR 52.212-1 Evaluation of Commercial

2nd 30 month Option period Specialty 0008AC % 3rd 30 month Option period Specialty 0008AD %

BACK-UP SUPPLIER

Scope - Sales estimate includes Back-Up Day-To-Day PPV sales for all regions and all non-Fleet DVD sales.

Offerors must only offer one distribution fee per each line item.

Estimates for 30 month periods:

Base period - $282.90M 1st option period - $308.53M 2nd option period - $338.93M 3rd option period - $369.64M

TIME PERIOD REQUIREMENTS LINE ITEM

NO. PROPOSED DISTRIBUTION FEE

Initial 30 month Base period Brand & Generic 0009AA % 1st 30 month Option period Brand & Generic 0009AB % 2nd 30 month Option period Brand & Generic 0009AC % 3rd 30 month Option period Brand & Generic 0009AD % Initial 30 month Base period Specialty 0010AA % 1st 30 month Option period Specialty 0010AB % 2nd 30 month Option period Specialty 0010AC % 3rd 30 month Option period Specialty 0010AD %

SPE2DX-24-R-0001 Page 10 of 216

Items – Lowest Evaluated Price on page 177. The Government reserves the right to make awards of multiple lines to the same contractor, if the Government deems that it is in the Government’s best interest. To ensure that multiple sources are available and to ensure the continuous availability of reliable sources of supplies, the Government reserves the right to exclude, under the authority of FAR 6.202, an awardee under this solicitation from being eligible for multiple lines under this solicitation. Line items are for separate requirements/regions and orders will not be competed since this is a requirements contract with separate requirements for each line item and not a multiple award contract.

The Reverse Auction process, final proposal revision, telephonic negotiations, and/or email negotiations may be used to determine the final distribution fees for purposes of evaluation for award for line items 0001AA through 0008AD. A final proposal revision, telephonic negotiations, and/or email negotiations may be used to determine the for the final distribution fees items 0009AA through 0010AD.

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

FOR: Establishment of a Prime Vendor to supply replenishment pharmaceuticals for the Pharmaceutical Prime Vendor PPV-G (GEN V) Contract. Please complete and submit this if not submitting an offer.

OFFER DUE DATE/LOCAL TIME: MAY 24, 2024 03:00PM EST.

REASON FOR “NO OFFER” IS AS FOLLOWS:

CANNOT COMPLY WITH SPECIFICATION/STATEMENT OF WORK

CANNOT MEET DELIVERY REQUIREMENT

NO OPEN PRODUCTION CAPACITY AT PLANT

DO NOT REGULARLY MANUFACTURE OR SELL TYPE OF ITEMS INVOLVED

OTHER (SPECIFY)

WE DO WE DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST

FOR FUTURE PROCUREMENT OF THE TYPE OF ITEM(S)

INVOLVED

NAME AND ADDRESS OF FIRM (INCLUDE ZIP CODE)

SPE2DX-24-R-0001 Page 11 of 216

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURE: ___________________________________________________

CONTRACT CLAUSES

FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse.

Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 2024)

(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 items:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other 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 89(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, 108-

(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 items:

__X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse

SPE2DX-24-R-0001 Page 12 of 216

2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509).

_____ (3) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_____ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community – See FAR 3.900(a).

__X__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_____ (6) [Reserved].

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

_____ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.);

__X__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section

102 of Division R of Pub. L. 117-238).

_____ (10) 52.204-28, Federal Acquisition Supply Chain Act Orders – Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-agency contracts (DEC 2023) (Pub. L. 115-390, title II).

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

__X__ (ii) Alternate I (DEC 2023) of 52.204-30 __X__ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note).

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

_____ (14) [Reserved].

_____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

__X__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_____ (17) [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 (Class Deviation 2020-O0008) (MAR 2020) of 52.219-7 __X__ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637 (d)(2) and (3)).

__X__ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637 (d)(4)).

_____ (ii) Alternate I (NOV 2016) of 52.219-9 __X__ (iii) Alternate II (NOV 2016) of 52.219-9 _____ (iv) Alternate III (JUN 2020) of 52.219-9 _____ (v) Alternate IV (Class Deviation 2019-O0005 Revision 1) (SEP 2023) 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

SPE2DX-24-R-0001 Page 13 of 216

_____ (23) 52.219-14, Limitations on Subcontracting Class Deviation 2021-O0008 (FEB 2023) (15 U.S.C. 637(a)(14)).

__X__ (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 Service-Disabled Veteran-Owned Small Business Set-Aside (Deviation 2024-O0002) (JAN 2024) (15 U.S.C. 657f).

__X__ (26)(i) 52.219-28, Post Award Small Business Program Representation (Deviation O0002) (JAN 2024) (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 (EDWOSB) 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 (WOSB) Concerns Eligible Under the WOSB 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, Non-manufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

__ X__ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

_____ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

__X__ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__X__ (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

_____ (ii) Alternate I (FEB 1999) of 52.222-26.

__X__ (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.

__X__ (36)(i) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

_____ (ii) Alternate I (JULY 2014) of 52.222-36.

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

__X__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

__X__ (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22.U.S.C. chapter 78 and E.O. 13627).

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

_____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

_____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

_____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

_____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

_____ (44)(i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514) https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm

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_____ (ii) Alternate I (Oct 2015) of 52.223-13.

_____ (45)(i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

_____ (ii) Alternate I (Jun 2014) of 52.223-14.

_____ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

_____ (47)(i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

_____ (ii) Alternate I (Jun 2014) of 52.223-16.

X (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(JUN 2020) (E.O. 13513).

_____ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_____ (50) 52.223-21, Foams (Jun 2016) (E.O. 13696).

_____ (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

_____ (ii) Alternate I (JAN 2017) of 52.224-3.

_____ (52) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

_____ (53)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

_____ (ii) Alternate I (DEC 2022) of 52.225-3.

_____ (iii) Alternate II (NOV 2023) of 52.225-3.

_____ (iv) Alternate III (OCT 2022) of 52.225-3.

_____ (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X__(55) 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).

_____ (56) 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. 2302 Note).

_____ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

_____ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_____(59) 52.229-13 Tax on Certain Foreign Procurements (FEB 2021) _____ (60) 52.232-29, Terms for Financing of Purchases of Commercial Items (NOV 2021) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

_____ (61) 52.232-30, Installment Payments for Commercial Items (NOV 2021) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__X__(62) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(OCT 2018) (31 U.S.C. 3332).

_____ (63) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_____ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_____ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_____ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)).

_____ (67) (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).

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_____ (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 items:

___ (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).

___ (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 under Executive Order 13658 (JAN 2022) (E.O. 13658).

___ (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, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, Materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a

SPE2DX-24-R-0001 Page 16 of 216 subcontract for commercial items. 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 and Other 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) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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.

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

(ix) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

(xiii) 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.

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

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

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

(xvi) 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).

(xvii) 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).

(xviii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

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

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

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

(xxii) 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).

(xxiii) 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.

(xxiv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

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

(xxv) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

Addendum

The following additional clauses are set forth in full text:

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

Definitions. As used in this clause—

“Covered defense telecommunications equipment or services” means—

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

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Covered foreign country” means—

(1) The People’s Republic of China; or

(2) The Russian Federation.

“Covered missions” means—

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

“Critical technology” means—

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

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

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

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

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

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

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

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

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

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104 .

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

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

(i) Within 3 business days from the date of such identification or notification: the contract number;

the order number(s), if applicable; supplier name; brand; model number (original equipment

SPE2DX-24-R-0001 Page 19 of 216 manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

DFARS 252.225-7967 - PROHIBITION REGARDING RUSSIAN FOSSIL FUEL

OPERATIONS (DEVIATION 2024 O0006, Revision 1) (FEB 2024)

(a) Definitions. As used in this clause—

“Business operations” means knowingly engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other known apparatus of business or commerce.

The term does not include—

(1) Any shipment subject to price caps as specified in the—

(i) “Statement of the G7 and Australia on a Price Cap for Seaborne Russian-Origin Crude Oil”, issued on December 2, 2022, between member countries of that coalition; or |

(ii) “Statement of the G7 and Australia on Price Caps for Seaborne Russian-Origin Petroleum Products Berlin, Brussels, Canberra, London, Ottawa, Paris, Rome, Tokyo, Washington”, issued on February 4, 2023, between such members, if such shipment complies with the applicable price caps;

or

(A) Actions taken for the benefit of the country of Ukraine, as determined by the Secretary;

or

(B) Actions taken to support the suspension or termination of business operations for commercial activities during the period beginning on the effective date and ending on December 31, 2029, including—

(1) Any action to secure or divest from…