SPE60525R0200_Final.pdf

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Attached to
Jordan Posts, Camps & Stations (PC&S) Amendment 0004 Federal contract opportunity
Solicitation number
SPE60525R0200
Issued by
Defense Logistics Agency Energy

About this file

This is a Request for Proposal (RFP) for the delivery of Turbine Fuel, Aviation (JP8) to various locations within Jordan for the Defense Logistics Agency (DLA) Energy, issued under contract number SPE60525R0200. The solicitation is for a Fixed Price Requirements contract with Economic Price Adjustment, with a performance period from September 1, 2025 through August 31, 2028, and an optional six-month extension. The procurement is unrestricted and targeted at small businesses in the Petroleum Refineries sector, with a size standard of 1,500 employees or 200,000 barrels per calendar day.

Key submission details include a proposal due date of May 16, 2025 at 3:00 PM local time, with questions due by May 9, 2025. Offerors must be registered in the Joint Contingency Contracting System (JCCS) and provide comprehensive documentation including certificates of quality, licensure statements, letters of commitment, and quality control plans. The contract will be awarded using a Lowest Price Technically Acceptable source selection process, with evaluation focusing on technical capability across four subfactors (compliance statement, certificates of analysis, licensure, and quality control plan) and total price. Pricing must be submitted in unit price per gallon, with offerors required to bid on the entire quantity for each line item.

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

1. REQUISITION NUMBER

7008475704

PAGE 1 OF

2. CONTRACT NUMBER

7. FOR SOLICITATION

INFORMATION CALL:

3. AWARD/EFFECTIVE

DATE

a. NAME

Georgia Dotson

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE605-25-R-0200

b. TELEPHONE NUMBER (No collect calls)

703-338-0278

6. SOLICITATION ISSUE

DATE

5/02/2025

8. OFFER DUE DATE/

LOCAL TIME

5/16/2025

3:00 PM

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

DLA ENERGY

POST, CAMPS, AND STATIONS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

324110

SIZE STANDARD:

1,500

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

13b. RATING

14. METHOD OF SOLICITATION

REQUEST

UNLESS BLOCK IS MARKED

SEE SCHEDULE

Net 30 THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

FOR

PROPOSAL

(RFP)

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Shedule

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SCHEDULE

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 31c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 30c. DATE SIGNED

COMBINED SYNOPSIS/SOLICITATION

JORDAN POSTS, CAMPS AND STATIONS (PC&S), PURCHASE PROGRAM 1.6V

SPE60525R0200

INFORMATION TO OFFERORS COVER SHEET

PART: U.S. Government Procurements

SUBPART: Supplies, Equipment and Materials

CLASS CODE: 91 – Fuels, Lubricants, Oils, and Waxes

ADDRESS OF CONTRACTING OFFICE:

Defense Logistics Agency-Energy Attn: DLA Energy-FEPDB Georgia Dotson 8725 John J. Kingman Rd, Suite 4950 Ft Belvoir, VA 22060-6222

SUBJECT: Delivery of Turbine Fuel, Aviation (JP8) to various locations within Jordan, Middle East.

SOLICITATION NUMBER: SPE60525R0200

PERIOD OF PERFORMANCE: September 1, 2025 through August 31, 2028

QUESTIONS DUE: May 9, 2025 at 3:00 PM local time (Ft Belvoir, VA).

PROPOSALS DUE: May 16, 2025 at 3:00 PM local time (Ft Belvoir, VA).

DLA ENERGY POINTS OF CONTACT:

Regina Daniels Contract Specialist Phone Number: 571-623-0293 Email: regina.daniels@dla.mil

Georgia Dotson Contracting Officer Phone Number: 571-388-7502 Email: georgia.dotson@dla.mil

WEB ADDRESS: https://www.dla.mil/Energy mailto:regina.daniels@dla.mil mailto:Orlando.Rodriguez@dla.mil https://www.dla.mil/Energy

DESCRIPTION OF THE REQUIREMENT:

This solicitation is issued as a Request for Proposal (RFP), SPE60525R0200, 1.6V Jordan Posts, Camps and Stations (PC&S) and shall be processed in accordance with FAR 15, Contract by Negotiation. It includes applicable provisions and clauses in effect through FAR Federal Acquisition Circular (FAC) 2025-03 (01/172025), DFARS Change 01/17/2025, and Defense Logistics Agency Directive (DLAD) Change Number 2024-0906 (01/17/2025), with the same force and effect as if they were given in full text. The full text of the referenced clause and provision in this solicitation may be accessed electronically at https://www.ecfr.gov/current/title-48/chapter-1, https://www.acq.osd.mil/dpap/dars/dfarspgi/current/, and, https://www.dla.mil/Acquisition/Policy-and-Directives/#98025. This procurement is being issued as UNRESTRICTED. The North American Industry Classification System is 324110, Petroleum Refineries with a Small Business Size Standard of 1500 employees or no more than 200,000 barrels per calendar day (BPCD). The Product Service Code is 9130, Liquid Propellants and Fuels, Petroleum Base.

This solicitation contains Attachments 1-3:

a. Attachment 1 – Offer Submission Package Requirements

b. Attachment 2 – Letters of Commitment Instructions

c. Attachment 3 – Additional Text Instructions

SPECIAL INSTRUCTIONS:

1. In accordance with FAR 52.216-1, TYPE OF CONTRACT (APR 1984), the Government contemplates award(s) of a Fixed Price Requirements contract with Economic Price Adjustment resulting from this combined synopsis/solicitation. The Period of Performance is from September 1, 2025, through August 31, 2028. There is a six (6)-month extension (option period) which is not included in the performance period. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production, financial and quality assurance capabilities.

2. Delivery shall be Free On Board (FOB) Destination.

3. Offerors shall complete Attachments 1 through 2 and submit with your offer. Offerors shall provide name, title, and contact information of person(s) authorized to sign offer and negotiate with the Government in connection with this solicitation under

AUTHORIZED NEGOTIATIORS.

4. Joint Contingency Contracting System (JCCS): All offerors and subcontractors must be registered and approved in JCCS to be eligible for contract award(s) in the U.S. Central Command (CENTCOM) Area of Operation (AOR). If Offeror is not approved by May 16, 2025 (Proposal deadline date), Offeror WILL NOT be further evaluated. Approved in JCCS and provide the CAGE Code and JCCS number for the prime contractor (i.e. the Offeror). The Offeror’s JCCS account information SHALL be current, accurate and complete by the date that offers are due. Provide the JCCS number for all proposed subcontractors. The subcontractors’ JCCS account information must be current, accurate and complete by the date that offers are due. All offerors and subcontractors are required to submit their JCCS registration number with their offer. The Government may reject an offer if the offeror or any of its subcontractors have not approved in JCCS and uploaded all required documents by the deadline for receipt of proposals. Award(s) will not be made to any offeror whose subcontractors are not registered and approved in JCCS. complete vendor submission (for both the prime contractor and all subcontractors) in JCCS includes, but may not be limited to, the following:

• Valid and current Unique Entity Identifier, and/or North Atlantic Treaty Organization, Commercial and Government Entity (NCAGE) code

• Article of Association or Letters of Incorporation for the Company

• Host Nation Business License

• Tax Identification Certificate/Tax Clearance Letter

• Tax Statement

• Financial Documents: Bank Statement (within 6 months); Balance Sheet / Profit & Loss

• Complete questionnaire for CENTCOM (Sign certification within 6-month period)

• Current and valid photo identification of all owners, directors, and key personnel (referred to as KMP in the questionnaire)

• Complete the Company Questionnaire (in JCCS) for CENTCOM Eligibility

The vendor is prompted to provide all these documents when completing the JCCS profile and questionnaires. Instructions for account registration and training can be found at www.jccs.gov.

5. Evaluation: The solicitation informs Offerors that in accordance with FAR 15.101-2, Lowest Price Technically Acceptable Source Selection Process, the Government specifies that award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. All factors will be evaluated in accordance with http://www.jccs.gov/

DoD Source Selection Procedures Appendix C, dated August 20, 2022. DLA Energy reserves the right not to conduct discussions prior to award and reserves the right to make multiple awards as a result of this RFP. DLA reserves the right not to award to the lowest price offeror if they are not deemed technically acceptable. Any deviation from the terms, conditions, or requirements of this RFP may result in offers being determined ineligible for award.

6. Notice of Voidability: Any contract awarded to an offeror who at the time of award was suspended, debarred or ineligible for receipt of contracts with any government agency or in receipt of proposed debarment from any government agency is voidable at the option of the Government.

7. Exceptions: Exceptions to the specifications, terms, and conditions of this solicitation may be pursuant to the Provision EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (See ATTACHMENT 3 – ADDITIONAL TEXT INSTRUCTIONS). Indicate any exceptions and the extent to which the offer differs from the solicitation on company letter signed by an authorized representative of the company attached with the offer Exceptions that are accepted by the Government will be incorporated into any resultant contract. Exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

8. The provision at FAR 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023), and related addenda applies to this acquisition. See FAR 52.212-1 under Clauses Incorporated by Full Text section.

9. The provision at FAR 52.212-2, EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021), and related addenda applies to this acquisition. See FAR 52.212-2 under Clauses Incorporated by Full Text section.

10. The provision at FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024), applies to this acquisition. All offerors and subcontractors must be registered in the System for Award Management (SAM). Instructions for account registration and training can be found at www.sam.gov.

Offerors shall provide its Commercial and Government Entity (CAGE) Code from SAM with your offer. See FAR 52.212-3 under Clauses Incorporated by Full Text section.

11. The clause at FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) applies to this acquisition. See FAR 52.212-4 under Clauses Incorporated by Full Text section.

12. Potential offerors are encouraged to submit any questions regarding this solicitation to the DLA Energy Point of Contact no later than 3:00 PM local time (Ft Belvoir, VA) on May 9, 2025. Telephonic (oral) questions WILL NOT be addressed. Responses to all questions will be provided to all interested parties via an SF 30 Amendment in the System for Award Management (www.sam.gov).

13. Proposals must be received no later than 3:00 PM local time (Ft Belvoir, VA) on May 16, 2025. All Offerors must complete the Fill-in provisions and clauses in ATTACHMENT 1 – OFFER SUBMISSION PACKAGE REQUIREMENTS, ATTACHMENT 2 – LETTERS OF COMMITMENT INSTRUCTIONS, SF 1449, Blocks 30a.

through c., and return with your offer. Offers may be submitted via email to Regina Daniels, Contract Specialist, at email:

regina.daniels@dla.mil and Georgia Dotson, Contracting Officer, at email: georgia.dotson@dla.mil. When submitting offers, the RFP number, SPE60525R0200, shall be in the subject line of the email. Offerors must submit pricing in unit price/per gallon format: Example: ($0.000000/USG). Offerors submitting electronic responses to this solicitation must limit email size to 10MB for a single email. Emails over 10MB may not be delivered because of server restriction on mail size for delivery.

Offeror assumes all risk for any delay in the transmission of their proposals. Any offers received after the deadline will not be considered.

All offerors are encouraged to review FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) and solicitation provision EMAIL PROPOSALS (See ATTACHMENT 3

– ADDITIONAL TEXT INSTRUCTIONS). All offerors are encouraged to submit their proposals early. Offerors will receive an e-mail from DLA Energy confirming receipt of proposal. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

14. Acknowledgement of Amendments: If issued, all offerors must acknowledge receipt of any amendments to this solicitation. An offeror’s designated agent can do this by completing Block 8, signing, and returning one (1) copy of the amendment to Regina.Daniels@dla.mil and Georgia.Dotson@dla.mil. Offeror’s designated agent must ensure Blocks 15A, 15B, and 15C of the Standard Form 30 are completed.

https://www.acquisition.gov/far/part-52#FAR_52_212_1 http://www.sam.gov/ mailto:regina.daniels@dla.mil%20and%20Georgia%20Dotson,%20Contracting%20Officer,%20at%20email:%20georgia.dotson@dla.mil.

NOTE: The U.S. Government is tax exempt. DO NOT include any taxes in offered prices for which the U.S. is tax exempt.

The U.S. and Jordan have a Status of Forces Agreement (SOFA) that exempts the U.S. Government from all duties and taxes on products, property, materials, or equipment imported into or acquired in Jordan or on behalf of the United States Government. Original text of the agreement is available at https://2001-2009.state.gov/documents/organization/99320.pdf.

Any violation of the Iran Sanctions Act is strictly forbidden. The Contractor shall not source nor blend any portion of the fuel-destined for DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 – OFFEROR REPRESENTATIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

15. Close coordination with site personnel and DLA Energy Middle East Office is required prior to each delivery. Offeror shall have all necessary equipment to deliver fuel into storage apparatus for each line item. The Contractor shall provide the tank batch Certificates of Quality (COQs) represented for all fuel deliveries under the resultant contract/order to the DLA Energy Middle East Office at DESC-ME.quality.dla.mil for approval prior to any deliveries. In addition, provide COQs to the customer at the time of delivery. A DD250 is to be used as the bill of lading to which the following be included for all products:

temperature, density, corrected density and corrected quantities (if required) on all shipment documents.

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/ and https://www.acquisition.gov/dlad.

NUMBER PROVISION TITLE DATE

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

FAR 52.204-20 PREDECESSOR OF OFFEROR AUG 2020

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS OCT 2018

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SEP 2023

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

FAR 52.229-11

TAXES ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION

JUN 2020

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS

SEP 2022

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS

OCT 2016

DFARS 252.204-7019 NOTICE OF NISTSP 800-171 DOD ASSESSMENT REQUIREMENTS NOV 2023

DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN

GOVERNMENT

DEC 2022

DFARS 252.215-7013 SUPPLIES AND SERVICES PROVIDED BY NONTRADITIONAL

DEFENSE CONTRACTORS

JAN 2023

DFARS 252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME

MAY 2022

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.ecfr.gov/current/title-48/chapter-1, https://www.acq.osd.mil/dpap/dars/dfarspgi/current/, and https://www.dla.mil/Acquisition/Policy-and-Directives/#98025.

NUMBER CLAUSE TITLE DATE

FAR 52.203-2 CERTIFICATED OF INDEPENDENT PRICE DETERMINATION APR 1985

FAR 52.203-3 GRATUITIES APR 1984

FAR 52.203-12 LIMITATIONS ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL JUN 2020

https://2001-2009.state.gov/documents/organization/99320.pdf https://www.acquisition.gov/ https://www.acquisition.gov/dlad https://www.dla.mil/Acquisition/Policy-and-Directives/#98025

TRANSACTIONS

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

FAR 52.204-21 BASIC SAFEGUARD OF COVERED CONTRACTOR INFORMATION

SYSTEMS

NOV 2021

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE OR

EQUIPMENT

NOV 2021

FAR 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION JUN 2023

FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTERESTS WHEN

SUBCONTRACTING WITH DEBARRED, SUSPENDED OR PROPOSED

FOR DEBARMENT

NOV 2021

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS

OCT 2018

FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT STANDARD SUPPLIES NOV 2021

FAR 52.223-3

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA

FEB 2021

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

FAR 52.233-1 DISPUTES MAY 2014

FAR 52.233-3 PROTEST AFTER AWARD AUG 1996

FAR 52.233-4 APPLICABLE LAW OF BREACH OF CONTRACT CLAIM OCT 2004

FAR 52.242-13 BANKRUPTCY JUL 1995

FAR 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

FAR 52.246-2 INSPECTION OF SUPPLIES—FIXED PRICE AUG 1996

FAR 52.247-34 F.O.B. DESTINATION NOV 1991

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOV 2020

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS

SEP 2011

DFARS 252.203-7002 REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLE BLOWER

RIGHTS

DEC 2022

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL AUG 2019

DFARS 252.204-7000 DISCLOSURE OF INFORMATION OCT 2016

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR 1992

DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS JAN 2023

DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM JAN 2023

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING

JAN 2023

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT

JAN 2023

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMUNICATIONS EQUIPMENT OR SERVICES

JAN 2023

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS NOV 2023

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS

JUN 2023

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR

CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A

STATE SPONSOR OF TERRORISM

MAY 2019

DFARS 252.225-7021 TRADE AGREEMENTS OCT 2023

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH JUN 1997

DFARS 252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME

JAN 2023

DFARS 252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION

2024-O0003)

APR 2020

DFARS 252.229-7001 TAX RELIEF – (BASIC) APR 2020

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUEST AND

RECEIVING REPORTS

DEC 2018

DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) JUN 1997

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC 2006

DFARS 252.233-7001 CHOICES OF LAW (OVERSEAS) JUN 1997

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC 2022

DFARS 252.244-7000 SUBCONTRACT FOR COMMERCIAL PRODUCTS OR COMMERCIAL

SERVICES

NOV 2023

DFARS 252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE/EQUIPMENT FOR

MILITARY OPERATIONS

OCT 2010

DFARS 252.247-7003 PASS-THROUGH OF MOTOR CARRIER FUEL SURCHARGE

ADJUSTMENT TO THE COST BEARER

JAN 2023

DFARS 252.247-7023 TRANSPORTAION OF SUPPLIES BY SEA JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

SECTION B – SUPPLIES OR SERVICES (SEE ATTACHMENT 3 – ADDITIONAL TEXT INSTRUCTIONS)

SECTION C – DESCRIPTION/SPECIFICATION WORK STATEMENT (SEE ATTACHMENT 3 – ADDITIONAL

TEXT INSTRUCTIONS).

SECTION F – DELIVERIES AND PERFORMANCE

NUMBER TITLE DATE

FAR 52.211-16 VARIATION IN QUANTITY APR 1984

SECTION G – CONTRACT ADMINISTRATION DATA

NUMBER TITLE DATE

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS JAN 2023

SECTION I – CONTRACT CLAUSES

NUMBER TITLE DATE

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT NOV 2024

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS-

PROHIBITION-ALTERNATE I

DEC 2023

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

MAY 2024

FAR 52.216-18 ORDERING AUG 2020

FAR 52.216-21 REQUIREMENTS OCT 1995

FAR 52.217-6 OPTION FOR INCREASED QUANTITY MAR 1989

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000

FAR 52.222-19 CHILD LABOR – COORPERATION WITH AUTHORIES AND

REMEDIES

JAN 2025

FAR 52.229-6 TAXES ON FOREIGN-PRICE CONTRACTS FEB 2013

FAR 52.253-1 COMPUTER GENERATED FORMS JAN 1991

DFARS 252.223-7001 HAZARD WARNING LABELS DEC 1991

C-JTSCC 5152.225-

MANDATORY ELIGIBILITY FOR INSTALLATION ACCESS (OCT

2015)

C-JTSCC

OCT 2015

SECTION J – LIST OF ATTACHMENTS

NUMBER TITLE

ATTACHMENT 1 OFFER SUBMISSION PACKAGE REQUIREMENTS

ATTACHMENT 2 LETTERS OF COMMITMENT INSTRUCTIONS

ATTACHMENT 3 ADDTITIONAL TEXT INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

NUMBER TITLE DATE

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS

SEP 2024

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR AUG 2020

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT

OCT 2020

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION

OCT 2020

FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS-

REPRESENTATION AND DISCLOSURES

DEC 2023

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS

FEB 2021

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES-REPRESENTATION

DEC 2019

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION

MAY 2021

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE—BASIC NOV 2014

DFARS 252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF

TERRORISM

DEC 2022

DFARS 252.225-7966 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS

OPERATIONS REPRESENTATION (DEVIATION 2024-O0006)

FEB 2024

DFARS 252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL OPERATIONS

(DEVIATION 2024-O0006)

FEB 2024

DFARS 252.225-7975 ADDITIONAL ACCESS TO CONTRACTOR AND

SUBCONTRACTORS RECORDS (DEVIATION 2020-O0001)

NOV 2019

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR RESPONDENTS

FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SEP 2023

FAR 52.216-1 TYPE OF CONTRACT APR 1984

FAR 52.233-2 SERVICE OF PROTEST SEP 2006

FAR 52.237-1 SITE VISIT APR 1984

DLAD 5452.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (ADR)

JUN 2020

SECTION M – EVALUATION FACTORS FOR AWARD

FAR 52.212-2 ADDENDUM TO EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

NOV 2021

SECTION F – DELIVERIES AND PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

(B) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10% Percent increase

10% Percent decrease

This increase or decrease shall apply to _each delivery order_.*

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as-

(1) The total contract quantity;

(2) Item1 only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

SECTION G – CONTRACT ADMINISTRATION DATA

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(B) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(B) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) WAWF access. To access WAWF, the Contractor shall—

(B) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(B) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

I WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(B) Document type. The Contractor shall submit payment requests using the following document type(s):

(B) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(B) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

________________ Combo_________________

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www/ https://wawf/ https://wawf.eb.mil/

Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SPE605 Admin DoDAAC SPE605 Inspect By DoDAAC TBD on individual Delivery Order Ship To Code TBD on individual Delivery Order Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) TBD on individual Delivery Order Accept at Other DoDAAC SPE605 LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(B) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

DLA Energy Help Desk, email: bsme.helpdesk@dla.mil Telephone: (800) 446-4950

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

B. The CLIN Reference shall be used when submitting payment requests in WAWF.

mailto:bsme.helpdesk@dla.mill

CLIN Location ID Admin and Issue By DoDAAC

DLA funded (invoice DLA via WAWF) with Payment Office

NSN WAWF

Unit of Measure Code

Inspection and Acceptance Point

Inspection and Acceptance DoDAACs

0001 W58FFCNISJ SPE605 SL4701 9130-01-031-5816 UG6 D W58FFC

0002 FP5808124 SPE605 SL4701 9130-01-031-5816 UG6 DO SE7F08

B. When a price/quantity adjustment is identified by the vendor as being necessary they will:

• Submit/fax (Fuels EDM Fax line: 614-701-2638 or DSN 791-2638/Toll Free 855-234-5592) a manual invoice to the payment office, SL4701, which identifies the invoice as an adjustment with an invoice# that is a derivation of the original invoice# that was submitted and paid. IE, if original invoice# was 12345, then adjustment invoice# shall be

12345ADJ.

• Adjustment invoice should have original price/quantity cited as well as the change or difference in price/quantity and the net adjustment.

• All other proper invoice criteria remain required for adjustment invoices.

SECTION I – CONTRACT CLAUSES

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

(a) Definitions. As used in this provision— "Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation and at time of award (see FAR clause 52.204-13, System for Award Management Maintenance, for the requirement to maintain SAM registration during performance and through final payment).

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_14 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_13

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(a) Definition. As used in this clause– Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION

(DEC 2023)

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

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

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

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

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

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201– 1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance https://www.acquisition.gov/far/part-42#FAR_Subpart_42_12 https://cage.dla.mil/ http://www.nato.int/structur/AC/135/main/links/contacts.htm https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx https://cage.dla.mil/ https://www.acquisition.gov/far/part-52#FAR_52_204_2 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

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

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

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

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

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

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

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

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

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

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

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

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

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

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3552&num=0&edition=prelim https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2304

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

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

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

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

(A) Contract number;

(B) Order number(s), if applicable;

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

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

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

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

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

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

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules,…

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