SPMYM4-26-Q-3563.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR part 12, using Simpli�ied Acquisition Procedures found at (FAR 13), as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted to SAM.gov. The RFQ number is (SPMYM-4-26-Q-3548). This solicitation documents and incorporates provisions and clauses in effect through FAC 2025-06 October 1, 2025, and DFARS Change Notice 20251110. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these address(s):

https://www.ecfr.gov https://www.acquisition.gov/content/list-sections-affected http://www.acq.osd.mil/dpap/dars/change_notices.html

The FSC Code is 5120 and the NAICS code is 331221. The Small Business Standard is # employees. This requirement is a 100% Small Business Set-Aside

Evaluation criteria is Lowest Price Technically Acceptable (LPTA). PPIRS will be used to determine vendor responsibility. Potential contractors will be screened for responsibility in accordance with FAR 9.104.

Offerors are required to submit descriptive literature to show how their quotation meets the required speci�ications. A technical spec sheet and proof of traceability are required to be sent with quote. Failure to provide this information may result in your quotation being determined technically unacceptable. Only one quote per vendor may be sent.

DLA Weapons Support, Pearl Harbor requests responses from quali�ied sources capable of providing: Interested parties must �ill out the required request for quote saved in the attachment section. It is titled, “”.

ITEM DESCRIPTION QTY U/I UNIT PRICE TOTAL PRICE

0001 FORK 8 EA __________ ___________

FORK, STBD, P/N 7225906 MFR IAW NAVSEA DWG 7225906 (SEE ATTACHED DWG)

P/N 7377523 ASTM A276/A276M-25, UNS: S20910,TYPE:XM-19

FOR STBD ROPE TENSION ASSY

0002 SHIPPING 1 EA _________ ___________

https://www.ecfr.gov/ https://www.acquisition.gov/content/list-sections-affected http://www.acq.osd.mil/dpap/dars/change_notices.html

NOTE: OFFEROR MUST COMPLETE THE ATTACHED RFQ DOC AND PROVISIONS 52.204-24,

52.204-26, 252.204-7016, AND 252.204-7019 AND INCLUDE THE COMPLETED PROVISIONS

WITH THEIR QUOTE.

FAR CLAUSES AND PROVISIONS

52.204-7, System for Award Maintenance

52.204-9, Personal Identity Veri�ication of Contractor Personnel

52.204-13, SAM Maintenance

52.204-19, Incorporation by Reference of Representations and Certi�ications

52.204-24* See Attachment for this provision

52.204-26* See Attachment for this provision

52.204-29 FASCSA Representation* See Attachment for this provision

52.211-14, Notice of Priority Rating

52.211-15, Defense Priority And Allocation Requirements

52.211-16, Variation in Quantity

52.211-17, Delivery of Excess Quantities

52.212-1, Instructions to Offerors - Commercial Products and Commercial Services

52.212-3, Offeror Reps and Certs - Commercial Products and Commercial Services

52.212-4, Contract Terms and Conditions – Commercial Items

52.219-1 Alt 1 Small Business Program Representations

52.222-90 Addressing DEI Discrimination by Federal Contractors

52.223-22, Sustainable Products and Services (DEVIATION 2025-O0004) in lieu of clause at FAR 52.223-23.

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relation to Iran-Reps and Certs

52.232-18 Availability of Funds *See Attachment for Full Text

52.232-39, Unenforceability of Unauthorized Obligations

52.233-2 Service of Protest

52.242-13 Bankruptcy

52.242-15 Stop Work Order

52.243-1, Changes Fixed Price

52.246-1, Contractor Inspection Requirements

52.247-34, F.O.B-Destination

52.252-1 Solicitation Provisions Incorporated by Reference

52.252-2 Clauses Incorporated by Reference

52.253-1, Computer Generated Forms

52.203-19, Prohibition on Requiring Certain Internal Con�identiality Agreements or Statements

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-3, Protest After Award

52.233-4, Applicable Law for Breach of Contract Claim

52.204-10 Reporting Executive Compensation

52.204-27 Prohibition on a ByteDance Covered Application

52.204-30 FASCSA Federal Acquisition Supply Chain Security Act Orders-Prohibition

52.219-6 Notice of Total Small Business Set-Aside

52.219-28 Post-Award Small Business Program Representation

52.222-3 Convict Labor

52.222-19 Child Labor

52.222-50 Combating Traf�icking in Persons

52.223-11 Ozone Depleting Substances

52.225-1 Buy American-Supplies

52.225-13 Restriction on Certain Foreign Purchases

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.232-33 Payment by EFT-SAM

52.232-36 Payment by Third Party

52.247-64 Preference for Privately Owned US-Flag Commercial Vessels

DFARS CLAUSES AND PROVISIONS

252.203-7000 Requirements Relating to Compensation of Former DoD Of�icials, 252.203-7002, Requirement to Inform Employees of Whistleblower Rights

252.203-7005 Representation Relating to Compensation of Former DoD Of�icials

252.204-7003. Control of Government Personnel Work Product

252.204-7004 Antiterrorism Awareness Training for Contractors.

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

252.204-7015, Disclosure of Information to Litigation Support Contractors

252.204-7016, * See Attachment for this provision.

252-204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation

252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

252.204-7024 Notice on the Use of the Supplier Performance Risk System

252.209-7999, Representation by Corporations regarding an Unpaid Delinquent Tax Liability

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations.

252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

252.223-7008 Prohibition of Hexavalent Chromium

252.225-7001 Buy American and Balance of Payments Program

252.225-7002 Qualifying Country Sources as Subcontractors

252.225-7013 Duty-Free Entry (NOV 2023)

252.225-7048, Export Controlled Items

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

252.231-7000, Supplemental Cost Principles.

252.232-7003, Electronic Submission of Payment Requests

252.232-7006, Wide Area Work�low Payment Instructions *See Attachment for Full Text

252.232-7010, Levies on Contract Payments

252.232-7998 Obligations in Advance of Fiscal Year 2026 Funding (DEVIATION 2026-O0001) *See Attachment for Full Text

252.243-7001, Pricing of Contract Modi�ications

252.243-7002, Requests for Equitable Adjustment

252.244-7000, Subcontracts for Commercial Items

252.247-7023, Transportation of Supplies By Sea

Note: Vendor shall list the country of origin for each line item.

DLAD CLAUSES AND PROVISIONS (See Attachment for Full Text)

5452.233-9001, Disputes: Agreement to Use Alternative Disputes Resolution

DLA PROCUREMENT NOTES (See Attachment for Full Text)

C02 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and Obsolete Materials or Components (DEC 2016)

C03 Contractor Retention of Supply Chain Traceability Documentation (MAR 2023)

C04 Unused Former Government Surplus Property (DEC 2016)

C14 Repackaging or Relabeling to Correct De�iciencies (AUG 2017)

C20 Vendor Shipment Module (VSM) (AUG 2017)

E05 Product Veri�ication Testing (JUN 2018)

H10 Requires No Access to DLA Controlled Technical Data or Information for Contract Performance

(FEB 2020)

L06 Agency Protests (DEC 2016)

L08 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluations

L31 Additive Manufacturing (JUN 2018)

M05 Evaluation Factor for Unused Former Government Surplus Property (SEP 2016)

LOCAL CLAUSES (See Attachment for Full Text):

L001 EUROPEAN UNION RESTRICTIONS REGARDING NONMANUFACTURED WOOD PACKAGING

AND PALLETS

L003 UNIT PRICES

L331 REVIEW OF AGENCY PROTESTS

E7F754 CERTIFICATIONS REQUIRED WITH DELIVERY OF MATERIAL

Quoters are reminded to include a completed copy of 52.212-3 and ALT I if not updated in SAM.gov.

This announcement will close 07/21/2026 12pm HST. The Point of Contact for this solicitation is Amanda Ragsdale who can be reached at Amanda.n.ragsdale.civ@us.navy.mil

System for Award Management (SAM). Quoters must be registered in the SAM database to be considered for award. Registration is free and can be completed online at http://www.sam.gov/.

If not the actual manufacturer – Manufacturer’s Name, Location, and Business Size must be provided.

Please submit quotations via email at Amanda.n.ragsdale.civ@us.navy.mil

All quotes shall include price(s), FOB point, Cage Code, a point of contact, name and phone number, GSA contract number if applicable, business size under the NAICS Code, whether or not your company prefers payment by Government Commercial Purchase Card (GCPC)* or Wide Area Work�low (WAWF). Please note that the Government’s terms for payment for this requirement are Net 30 Days AFTER acceptance of material. Please note, if selecting GPC, the Government does NOT utilize third party payment entities (Zelle, Venmo, PayPal, etc.) Each response must clearly indicate the capability of the quoter to meet all speci�ications and requirements.

*If selecting GCPC as the preferred method of payment, please be advised that per DFARS 232.7002, a receiving report MUST be entered into WAWF.

******* END OF COMBINED SYNOPSIS/SOLICITATION ********

mailto:Amanda.n.ragsdale.civ@us.navy.mil

** THIS IS NOT AN ORDER **

PLEASE PROVIDE DELIVERED PRICES (FOB DESTINATION)

REFERENCE: SPMYM4-26-Q-3563

SET ASIDE: 100% SMALL BUSINESS

NAICS: 331221

QUOTE DUE: 07/21/2026; 12:00 PM HST

CONTACT

DLA MARITIME – PEARL HARBOR

CONTRACT SPECIALIST: Amanda Ragsdale Desk Phone: 808-285-0182 Email Quotes to: Amanda.n.ragsdale.civ@us.navy.mil

VENDOR INFORMATION

Vendor Name:

CAGE Code:

Phone:

Email:

Quoted Valid for ___ Days

*** PLEASE FILL OUT THIS FORM COMPLETELY***

** In accordance with FAR 52.204-7(b)(1), an Offeror is required to be registered in SAM when submitting an offer or quotation, and must be listed as active, to prevent unduly delaying award. Information, instructions, forms, etc. for the System for Award Management (SAM) are available at https://www.sam.gov/portal/public/SAM/ **

Attention: Provisions below MUST be filled in to be considered for award.

SHIPPING INFORMATION

PLACE OF MFG/COUNTRY OF ORIGIN: _____________

ESTIMATED DELIVERY TO PEARL HARBOR__________ Calendar Days ARO

FOB TERMS: DESTINATION

SHIP TO:

DoDAAC: N32253 Country Code: USA

PEARL HARBOR NAVAL SHIPYARD IMF

667 SAFEGUARD STREET, BLDG 167-1 RECV 808-

473-8000X4961

PEARL HARBOR, HI 96860-5033

UNITED STATES

Government Representative, DLA Distribution https://www.sam.gov/portal/public/SAM/

Email: distrcustomerservice@dla.mil

IMPORTANT NOTE: The below Required Delivery Date (RDD) shall be met or exceeded in order to ensure your offer is considered responsive. If no offers are received which meet or exceed the Government’s RDD, award may proceed to the LPTA offeror, and may be made based on soonest delivery.

GOVERNMENT RDD: 30 SEP 2026

PAYMENT INFORMATION

PAYMENT TERMS______%______DAYS DISCOUNT TERMS __________________

Preferred Method payment: Wide Area Workflow (WAWF) Payment terms are always Net 30 AFTER the material has passed inspection and has been accepted.

REQUEST AND RECEIVING REPORTS is applicable to this solicitation. Please note that the WAWF (Wide Area Work Flow) will be used as the method of payment for supplies and/or services procured under this solicitation.

Information regarding WAWF is available on the internet at https://wawf.eb.mil.

YOUR COMPANY INFORMATION

YOUR BUSINESS SIZE: ___ Large (LG), ___ Small (SB), ___ Small-Disadvantaged Business (SDB), ___ Veteran-Owned Small Business (VOSB), ___ Women-Owned Small Business (WOSB), ___ Economically Disadvantaged Women-Owned Small Business (EDWOSB), ___ Service Disabled Veteran Owned Small Business (SDOVSB), ___ (HUBZONE), ___ (8a).

QUOTING AS MANUFACTURER? Yes ___ No ___

Name of Quoted Manufacturer ___________________

QUOTING AS: ___ AUTHORIZED DISTRIBUTOR or ___ THIRD PARTY DEALER

IS YOUR COMPANY’S PRICING INDEPENDENT FROM THE MANUFACTURER? Yes ___ No ___

SAM CAGE CODE: ________________

Representations must be filled in below, and provided with the submission of the quote.

Offers received without completed representaions may not be considered for award.

PRINTED NAME_______________________________SIGNATURE_____________________________

DATE______________

https://wawf.eb.mil/

MATERIAL INFORMATION

Shipping to be included in the Unit Price

ITEM DESCRIPTION QTY U/I UNIT PRICE TOTAL PRICE

0001 FORK 8 EA __________ ___________

FORK, STBD, P/N 7225906 MFR IAW NAVSEA DWG 7225906 (SEE ATTACHED DWG)

P/N 7377523 ASTM A276/A276M-25, UNS: S20910,TYPE:XM-19

FOR STBD ROPE TENSION ASSY

0002 SHIPPING 1 EA __________ ___________

ADDT’L MATERIAL INFORMATION

Is there a minimum order quantity? SPECIFY: __________ Are there any quantity breaks? RANGE AND PRICING: _______________

Does the item offered contain hazardous materials? No ___ Yes ___ (MSDS Required)

EVALUATION CRITERIA

☒ If checked, the Government anticipates making a single award (all or none), If this box is not checked, requirement will be evaluated for split award.

Source selection criteria:

1. TECHNICALLY ACCEPTABLE

2. PRICE

3. DELIVERY

Quotations submitted by each vendor will be evaluated in accordance with the specifications provided in the solicitation, and determined to be either acceptable or unacceptable. Technical submissions that do not meet the minimum requirements will be rated as "Unacceptable" and will no longer be considered for further competition or award. The Government intends to make an award without discussions.

☒ If checked, SPRS evaluation procedures apply to determine vendor responsibility.

Other than Certified Cost and Pricing Data may be requested to support fair and reasonable price determination.

INSPECTION

Inspection Location: ☒ Final Inspection at Destination Inspection Terms: QA1 ☐ , QA2 ☐ , QA3 ☐ , QA4 ☒ Inspection Time: QA-4 material has a 7-day inspection time a

BUY AMERICAN

DFARS Buy American Act - Balance of Payments applies if >$15,000.00.

DFARS Buy American Act - Free Trade Agreements may apply if > $25,000.00.

FAR CLAUSES

52.204-26 Covered Telecommunications Equipment Or Services-Representation (OCT 2020) {if available in SAM reps and certs, duplication may not be required}

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it [__] does, [__] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [__] does, [__] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) {MUST BE FILLED IN, if “does” in 52.204-26}

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

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

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

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

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

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

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

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

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

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

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

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources;

but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees;

however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

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

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.

As prescribed in 4.2306(b), insert the following provision:

Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023)

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

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

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

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

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

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

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

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

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

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

(4) Brand;

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

(6) Item description;

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

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.

As prescribed in 4.2306(c), insert the following clause:

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 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.

(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, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other…