SPE8E627Q0050.pdf
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- Attached to
- KNIFE,TACTICAL,SURVIV
- Solicitation number
- SPE8E627Q0050
About this file
This is a Request for Quotations (RFQ) issued by DLA Troop Support for the procurement of tactical survival knives.
The solicitation requests quotations for 2.000 units of knife, tactical, survival (NSN 4220-01-546-0478) with a firm fixed price structure. Quotations must be submitted via the DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil on or before October 26, 2026. The delivery requirement is 60 days after date of order (ADO) to the Government of Israel Ministry of Defense in Alon, Israel, with inspection and acceptance at origin and FOB origin shipping terms. Acceptable sources include Benchmade Knife Co., Inc. (041N2 P/N 5700SBK) and DePaul Industries (8T676 P/N FR6700-ALLY). The quotation is valid for 90 days from the specified closing date. Quoters must comply with DLA Master Solicitation for eProcurement Automated Simplified Acquisitions (Part 13) Revision 105, packaging requirements per MIL-STD-2073-1E and MIL-STD-129, and hazardous materials packaging procedures. Offerors are encouraged to submit price break information for potential increased quantity awards without further solicitation. This is not a small business set-aside. The RFQ incorporates numerous FAR and DFARS clauses covering representations and certifications, payment procedures via Wide Area Workflow (WAWF), security prohibitions, buy American requirements, export control, and other standard federal contracting compliance requirements. The contracting officer is Ryan Thornton (DRT0133), DLA Troop Support, Construction & Equipment (Class IV), Philadelphia, PA.
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REQUEST FOR QUOTATIONS THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
4. CERT.FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
5. ISSUED BY
7. DELIVERY
9. DESTINATION
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5 ON OR
BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (See Continuation Sheets)
12. DISCOUNT FOR PROMPT PAYMENT
d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO SIGN
QUOTATION
16. SIGNER
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not useable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
SPE8E6-27-Q-0050
1. REQUEST NO.
2026 OCT 19
2. DATE ISSUED
BIS15N62370803
3. REQUISITION/PURCHASE REQUEST NO.
DO-C9
RATING
DLA TROOP SUPPORT
CONSTRUCTION & EQUIPMENT (CLASS IV)
700 ROBBINS AVENUE
PHILADELPHIA PA 19111-5096
USA
Buyer: Ryan Thornton DRT0133 Tel: 445-737-0686 Email: RYAN.THORNTON@DLA.MIL
60 DAYS ADO
6. DELIVER BY (Date)
8. TO:
c. CITY
d. STATE
b. STREET ADDRESS
a. NAME OF CONSIGNEE
e. ZIP CODE
a. 10 CALENDAR DAYS
b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS
15. DATE OF QUOTATION
a. NAME (Type or Print)
AREA CODE
c. TITLE (Type or Print)d. CITY
c. COUNTY
b. STREET ADDRESS
e. STATE f. ZIP CODE
See Schedule
2026 OCT 26
NUMBER
FOB DESTINATION
OTHER
(See Schedule)
CAGE
b. TELEPHONE
See attached schedule to complete quote information.
Quoter must also complete the following:
a. Quotation is valid for 90 days from date specified in Block 10 above unless otherwise indicated: _____________ .
b. Prices quoted are:
___ Contained in Commercial Catalog or Published Price List No. ___________________ dated _______________ page __________ .
___ Contained in Internal Price List No. _______________dated ____________________, which may be examined at our facility.
___ Commercial sales of comparable quantities: Quantity ____________ ; Price _____________;
___ Customer ________________________.
___ Other (provide basis) ______________________________________ _______________________________________ .
c. FOB Point: ____ Destination ____ Origin Shipping Point (City, State) _________________________________________ .
d. If delivery period shown in Block 6 is unacceptable, provide best possible delivery: _________________________________.
e. Remittance Address (Name, Street, City, State, ZIP): Same as Block 13 unless otherwise indicated below:
f. Vendor FAX Number: ____________________ Vendor Toll-Free Number: ____________________ Vendor E-mail: ______________________________
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
CONTINUED ON NEXT PAGE
PAGE 2 OF 18 PAGES
SPE8E6-27-Q-0050
THIS SOLICITATION INCORPORATES THE TERMS AND CONDITIONS SET FORTH IN THE DLA MASTER SOLICITATION FOR EPROCUREMENT AUTOMATED SIMPLIFIED ACQUISITIONS (PART13) REVISION 105 (May 20th, 2026) WHICH CAN BE FOUND ON THE WEB AT:
https://www.dla.mil/Portals/104/Documents/J7Acquisition/ FinalMasterSolicitationForAutomatedSimplifiedAcquisitionsREvision5-20-26.pdf
ALL QUOTES MUST BE SUBMITTED VIA THE DLA INTERNET BID BOARD SYSTEM (DIBBS) AT https://www.dibbs.bsm.dla.mil
MICRO-PURCHASE QUOTES MAY BE AWARDED PRIOR TO RETURN DATE.
In the event of a conflict between provisions/clauses explicitly cited in the solicitation and award and those located in the DLA Master Solicitation, the provisions/clauses in the solicitation/award will take precedence.
Offerors are encouraged to submit price break information with their quotes. Solicitations which are manually evaluated and awarded at increased quantities may be awarded based on the price break information submitted with the offeror's original quotation without further solicitation or discussion.
PAGE 3 OF 18 PAGES
SPE8E6-27-Q-0050
SECTION B
SUPPLIES/SERVICES: 4220-01-546-0478
ITEM DESCRIPTION:
KNIFE,TACTICAL,SURV
RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS
(IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE
DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB
AT:
http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx
FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE
SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE
ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE
APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON
REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.
RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT
RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES
RD003, COVERED DEFENSE INFORMATION POTENTIALLY APPLIES
CRITICAL APPLICATION ITEM
BENCHMADE KNIFE CO., INC. 041N2 P/N 5700SBK
DEPAUL INDUSTRIES 8T676 P/N FR6700-ALLY
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0001 4220-01-546-0478 2.000 EA $ ________________ $ ________________
KNIFE,TACTICAL
,SURVIVAL
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: ORIGIN
FOB: ORIGIN DELIVERY DATE: 60 DAYS ADO
PREP FOR DELIVERY:
PKGING DATA - MIL-STD-2073-1E
QUP:001 PRES MTHD:10 CLNG/DRY:1 PRESV MAT:00
WRAP MAT:00 CUSH/DUNN MAT:00 CUSH/DUNN THKNESS:0
UNIT CONT:10 OPI:O
INTRMDTE CONT:D3 INTRMDTE CONT QTY:AAA
PACK CODE:Q PACKING LEVEL: B
MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129.
SPECIAL MARKING CODE:00 -00 No special marking
PALLETIZATION SHALL BE IN ACCORDANCE WITH RP001: DLA PACKAGING
PAGE 4 OF 18 PAGES
SPE8E6-27-Q-0050
SECTION B
SUPPLY/SERVICE: 4220-01-546-0478 CONT'D
REQUIREMENTS FOR PROCUREMENT
IP025: PACKAGING, MARKING, AND SHIPPING OF HAZARDOUS MATERIALS
FREIGHT FORWARDER:
TIS002
GOVT OF ISRAEL MINISTRY OF DEFENSE
INTERGLB FWRD SV INC CO G&B PKG CO
1A COLONY ROAD
JERSEY CITY, NJ 07305-4501
US
FREIGHT SHIPPING ADDRESS:
TIS100
GOVERNMENT OF ISRAEL
MINISTRY OF DEFENSE
ALON
ISRAEL
IL
MARKFOR
TIS100
GOVERNMENT OF ISRAEL
MINISTRY OF DEFENSE
ALON
ISRAEL
IL
M/F: (TCN) BIS15N62370803
RDD: N
PROJ: TP 1
SUPP ADD: TA2BUE SIG: L
FOR GOVERNMENT USE ONLY: (IPD) 02
DIC: A01 DIST: B01 ADV: 2L FC: YY
GOVT USE
External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .
0001 7018185347 0001 N/A N/A N/A 09/09/2026
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 18 PAGES
SPE8E6-27-Q-0050
SECTION C - SPECIFICATIONS/SOW/SOO/ORD
C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (JUN 2023)
SECTION E - INSPECTION AND ACCEPTANCE
52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR
SECTION F - DELIVERIES OR PERFORMANCE
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR
SECTION G - CONTRACT ADMINISTRATION DATA
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (PRE-FILLED) (JAN 2023) DFARS As prescribed in 232.7004 (b), use the following clause:
(a) 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 System (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall -
(1) 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.
(d) 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/.
(e) 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:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items -
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
Invoice (stand-alone) and Receiving Report (stand-alone) or Invoice and Receiving Report (combination)
(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 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 Guidance
Pay Official DoDAAC See Block 12 (SF26), 15 (DD 1155), or 18a
(SF1449)
(If blank, see resulting award) https://www.acquisition.gov/dfars/part-232-contract-financing https://www.sam.gov https://wawf.eb.mil/ https://wawf.eb.mil/ https://wawf.eb.mil/
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 18 PAGES
SPE8E6-27-Q-0050
SECTION G - CONTRACT ADMINISTRATION DATA (CONTINUED)
Field Name in WAWF Data to be entered in WAWF Guidance
Issue By DoDAAC See Block 5 (SF26), 6 (DD 1155), or 9 (SF1449)
(If blank, see resulting award)
Admin DoDAAC See Block 6 (SF26), 7 (DD 1155), or 16 (SF1449)
(If blank, see resulting award)
Inspect By DoDAAC SEE SECTION B (If blank, see resulting award)
Ship To Code SEE SECTION B (If blank, see resulting award)
Ship From Code SEE SECTION B (If blank, see resulting award)
Mark For Code SEE SECTION B (If blank, see resulting award)
Service Approver (DoDAAC)
(If blank, see resulting award)
Service Acceptor (DoDAAC)
(If blank, see resulting award)
Accept at Other DoDAAC (If blank, see resulting award)
LPO DoDAAC (If blank, see resulting award)
DCAA Auditor DoDAAC (If blank, see resulting award)
Other DoDAAC(s) (If blank, see resulting award)
(* 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. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
See administer listed on page 1
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of Clause)
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H18 DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM (DPAS) (JUL 2026)
SECTION I - CONTRACT CLAUSES
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEVIATION 2026-O0038) (FEB
2026) FAR
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 18 PAGES
SECTION I - CONTRACT CLAUSES (CONTINUED)
252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS
252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN
2023) DFARS
52.211-5 MATERIAL REQUIREMENTS (DEVIATION 2026-O0038) (FEB 2026) FAR
52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (DEVIATION 2026-O0038) (FEB 2026) FAR
52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION 2026-O0038) (FEB 2026) FAR
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (DEVIATION 2026-O0038) (FEB 2026) FAR
52.223-23 SUSTAINABLE PRODUCTS (DEVIATION 2026-O0038) (FEB 2026) FAR
252.223-7009 PROHIBITION OF PROCUMENT OF FLOURINATED AQUEOUS FILM-FORMING FOAM FIRE-FIGHTING AGENT FOR
USE ON MILITARY INSTALLATIONS (MAR 2024) FAR
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM (FEB 2024) DFARS
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM, ALT II (FEB 2024) DFARS
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022) DFARS
252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (APR 2003) DFARS As prescribed in 225.7307(a), use the following clause.
(a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are generally an allowable cost, provided the fees are paid to --
(1) A bona fide employee of the Contractor; or
(2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business.
(b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer before contract award, the following contingent fees are unallowable under this contract:
(1) For sales to the Government(s) of , contingent fees in any amount.
(2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military sale case.
(End of clause)
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013) DFARS
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024) FAR
52.232-1 PAYMENTS (APR 1984) FAR
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) FAR
52.232-11 EXTRAS (APR 1984) FAR
52.232-25 PROMPT PAYMENT (JAN 2017) FAR
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 18 PAGES
SECTION I - CONTRACT CLAUSES (CONTINUED)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) DFARS
52.233-1 DISPUTES (MAY 2014) FAR
52.233-3 PROTEST AFTER AWARD (DEVIATION 2026-O0038) (FEB 2026) FAR
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR
52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION 2026-O0038) (FEB 2026) FAR
52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS, ALT I (DEVIATION 2026-O0038) (FEB 2026) FAR Alternate I As prescribed in 40.205(b), substitute the following paragraph (e)(1) for paragraph (e)(1) of the basic clause:
(e) Governmentwide exclusion and removal orders.
(1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (e) (1). [Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA orders:] Yes [] No [] DHS FASCSA Order Yes [] No [] DoD FASCSA Order Yes [] No [] DNI FASCSA Order
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) DFARS
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT
INFORMATION (JAN 2023) DFARS
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEVIATION 2026-O0025)
(JUN 2026) DFARS
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES
(JAN 2023) DFARS
252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEC 2022) DFARS
252.240-7995 PROHIBITION ON CONTRACT AWARDS WITH ENTITIES THAT CONTRACT WITH LOBBYISTS FOR CHINESE
MILITARY COMPANIES -- REPRESENTATION (DEVIATION 2026-O0025) (SEP 2026) DFARS
Standard Element ZB_240_7999 has no Title
52.243-1 CHANGES - FIXED PRICE (AUG 1987) FAR
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) DFARS
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2026-O0038) (FEB 2026)
FAR
(a) Definitions. As used in this clause -- Commercial product, commercial service and nondevelopmental item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101.
Subcontract has the meaning at FAR 44.401
(b) Requirements.
(1) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial products, commercial services, or non-developmental items as components of items to be supplied under this contract.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 18 PAGES
SPE8E6-27-Q-0050
SECTION I - CONTRACT CLAUSES (CONTINUED)
(2) If a clause in the following table is included in the contract, the Contractor shall insert the clause in subcontracts for commercial products or commercial services and must flow down the requirements of the clause to subcontracts as indicated in the specific clause:
Number Title Date 52.203-13 Contractor Code of
Business Ethics and Conduct
NOV 2021
52.203-17 Contractor Employee Whistleblower Rights
NOV 2023
52.203-19 Prohibition on Requiring Certain Internal
Confidentiality Agreements or Statements
JAN 2017
52.204-9 Personal Identity Verification of Contractor
Personnel
JAN 2011
52.219-8* Utilization of Small Business Concerns
JAN 2025
52.222-35 Equal Opportunity for Veterans
JUN 2020
52.222-36 Equal Oppurtunity for Workers with Disabilities
JUN 2020
52.222-37 Employment Reports for Veterans
JUN 2020
52.222-40 Notification of Employee Rights Under the National
Labor Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards
AUG 2018
52.222-50 Combating Trafficking in Persons
NOV 2021
52.222-50 with Alt I Combating Trafficking in Persons, with its Alternate I
MAR 2015
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
52.222-53 Exemption from Application of the Service Contract
Labor Standards to Contracts for Certain
Services - Requirements
MAY 2014
52.222-54 Employment Eligibility Verification
JAN 2025
52.222-62 Paid Sick Leave Under Executive Order 13706
JAN 2022
52.224-3 Privacy Training JAN 2017 52.224-3 with Alt I Privacy Training, with
Alternate I
JAN 2017
52.225-26 Contractors Performing Private Security Functions Outside the United States
OCT 2016
52.232-40 Providing Accelerated Payments to Small
Business Subcontractors
MAR 2023
52.240-91 Security Prohibitions and Exclusions
DATE
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 18 PAGES
SPE8E6-27-Q-0050
SECTION I - CONTRACT CLAUSES (CONTINUED)
Number Title Date 52.240-91 with Alt I Security Requirements, with its Alternate I
DATE
52.240-92 Security Requirements DATE 52.240-92 with Alt II Security Requirements, with its Alternate II
DATE
52.247-64 Preference for Privately Owned U.S.-Flag
Commercial Vessels
NOV 2021
* Include only if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.109(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(c) Subcontracts. The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract.
252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV 2023) DFARS
252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023) DFARS
252.247-7023 TRANSPORATION OF SUPPLIES BY SEA --- BASIC (OCT 2024) DFARS
Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:
(a) Definitions. As used in this clause -- “Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel.
“Ocean transportation” means any water-borne transportation aboard a ship, vessel, boat, barge, ferry, or the like outside the internal waters of the United States as defined in 33 CFR 2.24.
“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.
“Supplies” means supplies that are clearly identifiable for eventual use by or owned by DoD at the time of transportation by sea, or are otherwise transported by DoD, regardless of ownership or use by DoD. An item is clearly identifiable for eventual use by DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.
“U.S.-flag vessel” means either a vessel belonging to the United States or a vessel of the United States as that term is defined in 46 U.S.C. 116..
(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if --
(i) This contract is a construction contract; or
(ii) The supplies being transported are --
(A) Other than commercial products; or
(B) Commercial products that --
(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);
(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or
(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.
(c) The Contractor and its subcontractors may request, via the Contracting Officer, a waiver of the requirement to use a U.S.-flag vessel, or identification of any available U.S.-flag vessels, if the Contractor or a subcontractor sufficiently explains that --
(1) U.S.-flag vessels are not available at a fair and reasonable rate for commercial vessels of the United States; or
(2) U.S.-flag vessels are otherwise not available.
(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, however, if a DoD waiver is not approved prior to shipper's sailing date, this will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum --
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of current, diligent efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of quotes will suffice for this purpose. Copies of telephone notes, emails, and other relevant communications will otherwise be considered for this purpose.
(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating https://www.acq.osd.mil/dpap/dars/dfars/html/current/247_5.htm
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carrier's ocean bill of lading, which shall contain the following information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of the carrier.
(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief --
(1) No ocean transportation was used in the performance of this contract;
(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had received a prior-approved waiver for U.S.-flag vessels for all foreign-flag ocean transportation; or
(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of DoD. The Contractor shall describe these shipments in the following format:
* ITEM DESCRIPTION CONTRACT LINE
ITEMS QUANTITY
TOTAL
(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.
(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor --
(1) Shall notify the Contracting Officer of that fact; and
(2) Hereby agrees to comply with all the terms and conditions of this clause.
(i) Subcontracts. In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial products, the Contractor shall flow down the requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR
As prescribed in 52.107(b), insert the following clause:
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):
FAR: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: https://www.dla.mil/Acquisition/Policy-and-Directives/
52.253-1 COMPUTER GENERATED FORMS (DEVIATION 2026-O0038) (FEB 2026) FAR
252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023) DFARS
252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES---REPRESENTATION (DEVIATION 2021-O0003) (APR 2021) Include the following provision in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12, that will use funds made available by the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that extends to fiscal year 2021 funds the same prohibitions as contained in section 8116, division C, title VIII, of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260).
(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does
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not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.
(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or establish a computer network unless such network is designed to block access to pornography websites.
(End of provision)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2024) DFARS As prescribed in 204.1202, use the following provision:
Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (e) applies.
[ ] (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.
(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services --Representation. Applies to all solicitations.
(ii) 252.216-7008, Economic Price Adjustment --Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services --Representations. Applies to solicitations for the acquisition of commercial satellite services.
(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vi) 252.229-7012, Tax Exemptions (Italy) --Representation. Applies to solicitations and contracts when contract performance will be in Italy.
(vii) 252.229-7013, Tax Exemptions (Spain) --Representation. Applies to solicitations and contracts when contract performance will be in Spain.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] [ ] (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
[ ] (ii) 252.225-7000, Buy American --Balance of Payments Program Certificate.
[ ] (iii) 252.225-7020, Trade Agreements Certificate.
[ ] Use with Alternate I.
[ ] (iv) 252.225-7031, Secondary Arab Boycott of Israel.
[ ] (v) 252.225-7035, Buy American --Free Trade Agreements --Balance of Payments Program Certificate.
[ ] Use with Alternate I.
[ ] Use with Alternate II.
[ ] Use with Alternate III.
[ ] Use with Alternate IV.
[ ] Use with Alternate V.
[ ] (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.
[ ] (vii) 252.232-7015, Performance-Based Payments --Representation.
(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.sam.gov. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS Provision # Title Date Change
Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
52.207-4 ECONOMIC PURCHASE QUANTITY---SUPPLIES (AUG 1987) FAR
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As prescribed in 7.203 , insert the following provision:
(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.
(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity.
If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.
OFFEROR RECOMMENDATIONS
ITEM QUANTITY PRICE QUOTATION TOTAL
(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS - REPRESENTATION (DEVIATION 2026-
O0038) (FEB 2026) FAR
As prescribed in 9.108-6(a), insert the following provision:
(a) Definitions. As used in this clause -- Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned --
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.
(c) Representation. The Offeror represents that-
(1) It [] is, [] is not an inverted domestic corporation; and
(2) It [] is, [] is not a subsidiary of an inverted domestic corporation.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER
ANY FEDERAL LAW (DEVIATION 2026-O0038) (FEB 2026) FAR
As prescribed in 9.104-7(d), insert the following provision:
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation Date)
(a) The Government will not enter into a contract with any corporation that --
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that -
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;
and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.219-31 NOTICE OF SMALL BUSINESS RESERVE (MAR 2020) FAR
52.225-18 PLACE OF MANUFACTURE (AUG 2018) FAR
As prescribed in 25.1101(f), insert the following solicitation provision:
(a) Definitions. As used in this provision --https://www.acquisition.gov/far/part-7
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“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except --
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly --
(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) [ ] Outside the United States.
252.225-7000 BUY AMERICAN -- BALANCE OF PAYMENTS PROGRAM CERTIFICATE (FEB 2024) DFARS Basic. As prescribed in 225.601(1), use the following provision:
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “foreign end product,” “qualifying country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the 252.225-7001, Buy American and Balance of Payments Program --Basic clause of this solicitation.
(b) Evaluation. The Government --
(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.
(c) Certifications and identification of country of origin.
(1) For all line items subject to the Buy American and Balance of Payments Program --Basic clause of this solicitation, the Offeror certifies that --
(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(4) of this provision contains a critical component or a critical item; and
(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. For those end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
(2) The Offeror certifies that the following end products are qualifying country end products:
Line Item Number Country of Origin
(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
Line Item Number Country of Origin (If known) Exceeds 55% Domestic
Content (yes/no)
(4) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component or a critical item (see Federal Acquisition Regulation 25.105).
Domestic end products containing a critical component or a critical item: Line Item Number [List as necessary]
252.225-7059 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR AUTONOMOUS REGION --
REPRESENTATION (JUN 2023) DFARS
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252.225-7966 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS - REPRESENTATION (CLASS
DEVIATION 2024-O0006, REVISION 1) (MAR 2024) DFARS
Use the following provision in solicitations that include the clause at 252.225-7967:
(a) Definitions. The terms business operations and fossil fuel company have the meanings given in the 252.225-7967 clause of this solicitation.
(b) Representation. By submission of an offer, the Offeror represents it is not, or that it does not knowingly have fossil fuel business operations with an entity or individual that is, 50 percent or more owned, individually or collectively, by --
(1) An authority of the government of the Russian Federation; or
(2) A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas --
(i) Through the Russian Federation for sale outside of the Russian Federation; and
(ii) That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.
52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (DEVIATION 2026-O0038)
(FEB 2026) FAR
As prescribed in 40.205(a), insert the following provision:
(a) Definitions. As used in this provision- -- Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.
Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
Marginalized populations of Sudan means --
(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).
Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate --
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology --
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically --
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(b) Procedures.
(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in…
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