28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY 

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

16. ADMINISTERED BY CODE

7. FOR SOLICITATION 

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000115218

1. REQUISITION NUMBER

SPE300-24-D-3004

2. CONTRACT NO.

2024 MAR 27

3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE300-22-R-0027

5. SOLICITATION NUMBER

2022 MAR 15

6. SOLICITATION ISSUE 

 DATE 

a. NAME b. TELEPHONE NUMBER (No collect 

 calls)

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE300

DLA TROOP SUPPORT 

DIRECTORATE OF SUBSISTENCE 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

Local Admin: Lashawn Taylor PHPHCCA Tel: 215-737-0859 Fax: 215-737-5222 

Email: LASHAWN.TAYLOR@DLA.MIL

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 311812

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA- 

 TION UNLESS BLOCK IS 

 MARKED

Net 10 days

12. DISCOUNT TERMS

 13a. THIS CONTRACT IS A 

 RATED ORDER UNDER 

 DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE SPE300

SEE BLOCK 9 

Criticality: PAS : None

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

46851

SYSCO USA I, INC 

5710 PAN AM AVE 

BOISE ID 83716-9612 

USA

TELEPHONE NO. 2083872571

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC 

BSM 

P O BOX 182317 

COLUMBUS OH 43218-2317 

USA

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK 

 BELOW IS CHECKED.

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA

$3,085,500.00

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

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

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED

 

31b. NAME OF CONTRACTING OFFICER (Type or Print)

2024 MAR 27

31c. DATE SIGNED

1 Sysco USA I dba Sysco Idaho

2023-Oct-10

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

 DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), 

 INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH , 

 HEREIN IS ACCEPTED AS TO ITEMS: 

EDWOSB

PAGE 1 OF 39

Melody Morton NRR Bid Manager 3/27/2024
32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
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SPE300-24-D-3004

Prime Vendor Support in the Idaho Region 

 

The terms and conditions of solicitation number SPE300-22-R-0027 as well as your company’s final offer as amended 

through negotiations, are hereby incorporated into and made applicable to this contract number SPE300-24-D-3004. 

 

The total estimated dollar value of this acquisition for the Idaho region customers for Tier 1: twenty-four (24) 

months is $822,800.00, Tier 2: eighteen (18) months is $617,100.00, and Tier 3: eighteen months is $617,100.00. The 

guaranteed minimum is $205,700.00 (for all Tier Periods). The contract maximum value is $3,085,500 (for all Tier 

Periods). 

The Government is only obligated to order the Guaranteed Minimum. 

Effective date of this award: March 27, 2024 

Performance Period (60 months): March 27, 2024 through March 29, 2029 

Tier 1 Period (24 months): March 27, 2024 to March 27, 2026 (inclusive of up to a 90-day implementation period or up 

to June 22, 2024) 

Tier 2 Period (18 months): March 28, 2026 to September 28, 2027 

Tier 3 Period (18 months): September 29, 2027 to March 29, 2029 

CONTRACT TYPE: Indefinite Delivery, Indefinite Quantity (IDIQ) Contract - Fixed Price with Economic Price Adjustment 

(EPA). 

Sysco USA I, dba Sysco Idaho must ensure all catalog items are in accordance with the most up to date Buyer’s Guide. * 

Detailed guidance and specifications are provided for most standard meat, seafood and poultry items required in the 

recipes and menus. Processed fruits and vegetables and other miscellaneous food service items are also covered. See 

the Army Buyers Guide referenced below. Please note that the Air Force and Marine Corps follow this guide. Navy 

customers use the Master Load List: https://quartermaster.army.mil/jccoe/Operations_Directorate/CSPD/buyers-guide/

Army-Buyers-Guide-Version-XV-062022.pdf 

SECTION A - SOLICITATION/CONTRACT FORM 

 

The following amendments issued under Solicitation SPE300-22-R-0027 are hereby incorporated as part of this contract: 

Amendment 0001. 

The approved Subcontracting Plan under Solicitation SPE300-22-R-0027 is hereby incorporated as part of this contract. 

The following documents from your offer are hereby incorporated into, and made applicable to, this contract: The NonPrice Proposal and Price Proposal, as finalized at the end of all negotiations. 

NOTE: Awarded Distribution Prices for Tier 1, Tier 2, and Tier 3 periods are hereby incorporated as part of this 

contract and can be found in contract document. 

SECTION B - SUPPLIES/SERVICE AND PRICE ITEMS 

 

This contract is for total food and beverage support for Garrison Foodservice Feeding for the Idaho Region. The 

successful Contractor shall provide full-line food service items, such as, but not limited to, canned items, fresh 

milk, dry items, chill items, UHT dairy items, frozen bakery products, frozen meats, frozen seafood and poultry, ice 

cream, eggs and other dairy products, fresh fruits and vegetables and nonfood Food Service Operating Supplies. 

Currently, fresh bread/bakery items do not have stated requirements within this contract, but they are within the 

scope of this procurement and the Contractor may be required to provide them during the course of contract 

performance. 

FOB TERMS: FOB Destination for all items, unless otherwise specifically stated. 

FILL RATE: The required overall contract purchase order fill rate is 98.5% for non-catch-weight and catch-weight 

items. 

 

CONTRACT TERM: The total duration of this contract, including one twenty-four (24) month Tier 1 period, one eighteen 

(18) month Tier 2 period, and one eighteen (18) month Tier 3 period, is for a total period of five (5) years. 

Implementation Period: Award date to up to 90 Days following award. 

Catalog effective/GO LIVE Date: June 23, 2024 

PRICING: Fixed Price with Economic Price Adjustment (EPA) 

ECONOMIC PRICE ADJUSTMENT (EPA) – ACTUAL MATERIAL COSTS FOR SUBSISTENCE DELIVERED PRICE BUSINESS MODEL – DLA TROOP 

SUPPORT SUBSISTENCE PRIME VENDOR (SPV) CONTIGUOUS UNITED STATES (CONUS), ALASKA, AND HAWAII. See Award Statement of 

Work page 79. 

SECTION C - DESCRIPTIONS/ SPECIFICATIONS 

Under this contract, all customers are required to electronically submit every order through the Government’s 

Subsistence Total Order and Receipt Electronic System (STORES). Orders shall be submitted by the customer by 2:00 PM 

for skip-day deliveries. See Statement of Work (SOW) Section V. Ordering and Deliveries & Performance. 

SECTION D - PACKAGING AND MARKING 
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SPE300-24-D-3004

All packaging and packing shall be in accordance with good commercial practice. Labeling shall be in accordance with 

commercial labeling complying with the Federal Food, Drug, and Cosmetic Act and regulations promulgated there under. 

Shipping containers shall be in compliance with the National Motor Freight Classification and Uniform Freight 

Classification Code. The contractor shall be responsible for abiding to any applicable packaging, packing and marking 

regulations of the various countries in/through which product will be stored/transported. See additional instructions 

regarding pallet height in the Statement of Work (SOW) Section II. Packaging and Labeling/Marking under paragraph K. 

SECTION E - INSPECTION AND ACCEPTANCE 

Inspection and acceptance of products will be performed at destination. The inspection is normally limited to 

identify, count and condition; however, this may be expanded if deemed necessary by either the military Veterinary 

Inspector, Dining Facility Manager, Food Service Advisor/Officer, or the Contracting Officer. See addendum 52.212-4 

paragraph a. included in the solicitation. Also see SOW Section III. Inspection and Acceptance and IV. Quality and 

Assurance. 

SECTION F - PLACE OF PERFORMANCE 

The following are designated as the plant locations for the performance of this contract for all contract line items: 

1.Sysco USA I, Inc. 

5710 Pan Am Ave 

Boise, ID 83716-9612 

United States 

SECTION H - CONTRACT ADMINISTRATION DATA 

Administration of the contract will be performed by the Defense Logistics Agency (DLA) Troop Support. See SOW Section 

VII. Contract Administration Data. 

SECTION I - INVOICING 

Invoices must be submitted electronically. See addendum 52.212-4 paragraph g. included in the solicitation. Also see 

SOW Section V. Ordering and Deliveries & Performance. 

CONTRACT CLAUSES 

The following clauses are hereby included and applicable to this contract: 

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (JUN 2023) 

(a) Definition. “Cooperative agreement holder” means a State or local government; a private, nonprofit organization; a 

tribal organization (as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act (25 U.S.

C. 5304(l))); or an economic enterprise (as defined in section 3(e) of the Indian Financing Act of 1974 (25 U.S.C. 

1452(e))) whether such economic enterprise is organized for profit or nonprofit purposes; which has an agreement with 

the Under Secretary of Defense for Acquisition and Sustainment to furnish procurement technical assistance to business 

entities. 

(b) The Contractor shall provide cooperative agreement holders, upon their request, with a list of those appropriate 

employees or offices responsible for entering into subcontracts under defense contracts. The list shall include the 

business address, telephone number, and area of responsibility of each employee or office. 

(c) The Contractor need not provide the listing to a particular cooperative agreement holder more frequently than once 

a year. 

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) 

(a) Definitions. As used in this clause— 

“Component” means any item supplied to the Government as part of an end product or of another component. 

“End product” means supplies delivered under a line item of this contract. 

"Qualifying country" means a country with a reciprocal defense procurement memorandum of understanding or 

international agreement with the United States in which both countries agree to remove barriers to purchases of 

supplies produced in the other country or services performed by sources of the other country, and the memorandum or 

agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 

2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: 

Australia 

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Lithuania 

Luxembourg 

Netherlands 

Norway 
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SPE300-24-D-3004

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

“Structural component of a tent”— 

(1) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy 

ropes, pegs); and 

(2) Does not include equipment such as heating, cooling, or lighting. 

“United States” means the 50 States, the District of Columbia, and outlying areas. 

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel 

registered or having national status under the laws of the United States. 

(b) The Contractor shall deliver under this contract only such of the following items, either as end products or 

components, that have been grown, reprocessed, reused, or produced in the United States: 

(1) Food. 

(2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and 

not normally associated with, clothing and the materials and components thereof. Clothing includes items such as 

outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia. 

(3)(i) Tents and structural components of tents; 

(ii) Tarpaulins; or 

(iii) Covers. 

(4) Cotton and other natural fiber products. 

(5) Woven silk or woven silk blends. 

(6) Spun silk yarn for cartridge cloth. 

(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such 

fabrics. 

(8) Canvas products. 

(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). 

(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, 

fabrics, or materials listed in this paragraph (b). 

(c) This clause does not apply— 

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation (FAR), or other items for which the 

Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at 

U.S. market prices; 

(2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the 

estimated value of the cotton, other natural fibers, or wool— 

(i) Is not more than 10 percent of the total price of the end product; and 

(ii) Does not exceed the threshold at Defense Federal Acquisition Regulation Supplement 225.7002-2(a); 

(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives; 

(4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States, 

regardless of where the foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood 

manufactured or processed in the United States and fish, shellfish, or seafood contained in foods manufactured or 

processed in the United States shall be provided in accordance with paragraph (d) of this clause; 

(5) To chemical warfare protective clothing produced in a qualifying country; or 

(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the 

synthetic or coated synthetic fabric itself), if— 

(i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile 

products, made in whole or in part of fabric, include— 

(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial 

Furnishings and Appliances); 

(B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/tents/

flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia; 

(C) Upholstered seats (whether for household, office, or other use); and 

(D) Parachutes (Federal Supply Class 1670); or 

(ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured in a 

qualifying country. 

(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract

— 

(i) Shall be taken from the sea by U.S.-flag vessels; or 

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and 

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in 

the United States. 

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023) 

a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements 

of this contract. The Government reserves the right to inspect or test any supplies or services that have been 

tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance 

of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct 

the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for 

acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- 

(1) Within a reasonable time after the defect was discovered or should have been discovered; and 

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the 

item. 

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance 

of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in 

accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use 

of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under 
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SPE300-24-D-3004

this contract. 

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the 

parties. 

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this 

contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating 

to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation 

(FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with 

performance of this contract, pending final resolution of any dispute arising under the contract. 

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. 

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence 

beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public 

enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine 

restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the 

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, 

setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, 

and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. 

(g) Invoice. 

 (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the 

address designated in the contract to receive invoices. An invoice must include- 

(i) Name and address of the Contractor; 

(ii) Invoice date and number; 

(iii) Contract number, line item number and, if applicable, the order number; 

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; 

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on 

Government bill of lading; 

(vi) Terms of any discount for prompt payment offered; 

(vii) Name and address of official to whom payment is to be sent; 

(viii) Name, title, and phone number of person to notify in event of defective invoice; and 

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required 

elsewhere in this contract. 

(x) Electronic funds transfer (EFT) banking information. 

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. 

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, 

the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation 

provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 

52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency 

procedures. 

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT. 

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and 

Budget (OMB) prompt payment regulations at 5 CFR Part 1315. 

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against 

liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, 

any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided 

the Contractor is reasonably notified of such claims and proceedings. 

(i) Payment.- 

 (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the 

delivery destinations set forth in this contract. 

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and 

prompt payment regulations at 5 CFR Part 1315. 

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT 

clause. 

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the 

invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date 

which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. 

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the 

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- 

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the 

overpayment including the- 

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of 

overpayment); 

(B) Affected contract number and delivery order number, if applicable; 

(C) Affected line item or subline item, if applicable; and 

(D) Contractor point of contact. 

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. 

(6) Interest. 

 (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple 

interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the 

interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the 

period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for 

each six-month period as fixed by the Secretary until the amount is paid. 

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. 

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if– 

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt 

within 30 days; 

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline 

specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an 

installment payment agreement; or 

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 

32.607-2). 
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SPE300-24-D-3004

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision 

shall identify the same due date as the original demand for payment. 

(v) Amounts shall be due at the earliest of the following dates: 

(A) The date fixed under this contract. 

(B) The date of the first written demand for payment, including any demand for payment resulting from a default 

termination. 

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date 

and ending on- 

(A) The date on which the designated office receives payment from the Contractor; 

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been 

withheld as a credit against the contract debt; or 

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the 

Contractor. 

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in 

effect on the date of this contract. 

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided 

under this contract shall remain with the Contractor until, and shall pass to the Government upon: 

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or 

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.

b. destination. 

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. 

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any 

part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all 

work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to 

the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage 

of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to 

the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The 

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this 

purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall 

not be paid for any work performed or costs incurred which reasonably could have been avoided. 

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of 

any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails 

to provide the Government, upon request, with adequate assurances of future performance. In the event of termination 

for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, 

and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is 

determined that the Government improperly terminated this contract for default, such termination shall be deemed a 

termination for convenience. 

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the 

Government upon acceptance, regardless of when or where the Government takes physical possession. 

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use 

for the particular purpose described in this contract. 

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to 

the Government for consequential damages resulting from any defect or deficiencies in accepted items. 

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive 

orders, rules and regulations applicable to its performance under this contract. 

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating 

to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to 

officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, 

Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. 

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence 

in the following order: 

(1) The schedule of supplies/services. 

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government 

Contracts, and Unauthorized Obligations paragraphs of this clause; 

(3) The clause at 52.212-5. 

(4) Addenda to this solicitation or contract, including any license agreements for computer software. 

(5) Solicitation provisions if this is a solicitation. 

(6) Other paragraphs of this clause. 

(7) The Standard Form 1449. 

(8) Other documents, exhibits, and attachments. 

(9) The specification. 

(t) [Reserved] 

(u) Unauthorized Obligations. 

 (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is 

subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, 

that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, 

costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the 

following shall govern: 

(i) Any such clause is unenforceable against the Government. 

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by 

virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal 

instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or 

"browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such 

clause. 

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. 

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized 

by statute and specifically authorized under applicable agency regulations and procedures. 

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed 

electronically via the System for Award Management (SAM), are incorporated by reference into the contract. 
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52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and 

Commercial Services (Dec 2023) 

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are 

incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to 

acquisitions of commercial products and commercial services: 

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) 

and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 

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

Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). 

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). 

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). 

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.

C. 3801). 

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553). 

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 

note)). 

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated 

as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to 

acquisitions of commercial products and commercial services: 

[Contracting Officer check as appropriate.] 

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 

U.S.C. 4704 and 10 U.S.C. 4655). 

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)). 

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) 

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) 

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to 

contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a). 

_x_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) 

( 31 U.S.C. 6101 note). 

__ (6) [Reserved]. 

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

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 

111-117, section 743 of Div. C). 

_x_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 

117-328). 

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide 

Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II). 

__ (11) 

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

II). 

__ (ii) Alternate I (DEC 2023) of 52.204–30. 

_x_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or 

Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note). 

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

2313). 

__ (14) [Reserved]. 

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a). 

_x_ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the 

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

__ (17) [Reserved] 

__ (18) 

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644). 

__ (ii) Alternate I (MAR 2020) of 52.219-6. 

__ (19) 

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644). 

__ (ii) Alternate I (MAR 2020) of 52.219-7. 

_x_ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)). 

__ (21) 

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

__ (ii) Alternate I (NOV 2016) of 52.219-9. 

_x_ (iii) Alternate II (NOV 2016) of 52.219-9. 

__ (iv) Alternate III (JUN 2020) of 52.219-9. 

__ (v) Alternate IV (SEP 2023) of 52.219-9. 

__ (22) 

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)). 

__ (ii) Alternate I (MAR 2020) of 52.219-13. 

_x_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s). 

_x_ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). 

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f). 

__ (26) 

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023)( 15 U.S.C. 632(a)(2)). 

__ (ii) Alternate I (MAR 2020) of 52.219-28. 

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small 

Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)). 

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible 

Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)). 

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)). 
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__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)). 

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

_x_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023) . 

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

__ (34) 

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

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

_x_ (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212). 

__ (ii) Alternate I (JUL 2014) of 52.222-35. 

_x_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793). 

__ (ii) Alternate I (JUL 2014) of 52.222-36. 

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

_x_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). 

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

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

__ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the 

acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial 

services as prescribed in FAR 22.1803.) 

__ (41) 

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 

__ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of 

commercially available off-the-shelf items.) 

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

13693). 

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 

2016) (E.O. 13693). 

__ (44) 

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). 

__ (ii) Alternate I (OCT 2015) of 52.223-13. 

__ (45) 

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). 

__ (ii) Alternate I (Jun2014) of 52.223-14. 

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

__ (47) 

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

__ (ii) Alternate I (JUN 2014) of 52.223-16. 

_x_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). 

__ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). 

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693). 

__ (51) 

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

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

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

__ (ii) Alternate I (OCT 2022) of 52.225-1. 

__ (53) 

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 

note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 

108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. 

__ (ii) Alternate I [Reserved]. 

__ (iii) Alternate II (DEC 2022) of 52.225-3. 

__ (iv) Alternate III (NOV 2023) of 52.225-3. 

__ (v) Alternate IV (Oct 2022) of 52.225-3. 

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

_x_ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes 

administered by the Office of Foreign Assets Control of the Department of the Treasury). 

__ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart 

G Note). 

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150). 

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150). 

__ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). 

__ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.

S.C. 4505, 10 U.S.C. 3805). 

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 

10 U.S.C. 3805). 

_x_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332). 

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

3332). 

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

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

_x_ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)). 

__ (67) 

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 

2631). 

__ (ii) Alternate I (APR 2003) of 52.247-64. 

__ (iii) Alternate II (NOV 2021) of 52.247-64. 

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that 

the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of 
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law or Executive orders applicable to acquisitions of commercial products and commercial services: 

[Contracting Officer check as appropriate.] 

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67). 

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 

67). 

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and 

Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67). 

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.

C.206 and 41 U.S.C. chapter 67). 

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, 

Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67). 

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain 

Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67). 

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). 

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). 

_x_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). 

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 

if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as 

defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and 

Records-Negotiation. 

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall 

have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related 

to this contract. 

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other 

evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any 

shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If 

this contract is completely or partially terminated, the records relating to the work terminated shall be made 

available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes 

clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available 

until such appeals, litigation, or claims are finally resolved. 

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, 

regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that 

the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. 

(e) 

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the 

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract 

for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be 

as required by the clause- 

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509). 

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712). 

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

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 

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

Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). 

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

(NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). 

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 

117-328). 

(vii) 

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title 

II). 

(B) Alternate I (DEC 2023) of 52.204–30. 

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts 

that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) 

exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must 

include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. 

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

(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246). 

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow 

down required in accordance with paragraph (f) of FAR clause 52.222-40. 

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

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

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, 

Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67). 

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain 

Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67). 

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989). 

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

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

(xxii) 

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart 
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G Note). 

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down 

required in accordance with paragraph (e) of FAR clause 52.226-6. 

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.

S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40. 

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.

S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. 

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services 

a minimal number of additional clauses necessary to satisfy its contractual obligations. 

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

(a) Definitions. As used in this clause— 

Covered contractor information system means an information system that is owned or operated by a contractor that 

processes, stores, or transmits Federal contract information. 

Federal contract information means information, not intended for public release, that is provided by or generated for 

the Government under a contract to develop or deliver a product or service to the Government, but not including 

information provided by the Government to the public (such as on public websites) or simple transactional information, 

such as necessary to process payments. 

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or 

form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security 

Systems Instruction (CNSSI) 4009). 

Information system means a discrete set of information resources organized for the collection, processing, 

maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502). 

Safeguarding means measures or controls that are prescribed to protect information systems. 

(b) Safeguarding requirements and procedures. 

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered 

contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information 

systems shall include, at a minimum, the following security controls: 

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices 

(including other information systems). 

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to 

execute. 

(iii) Verify and control/limit connections to and use of external information systems. 

(iv) Control information posted or processed on publicly accessible information systems. 

(v) Identify information system users, processes acting on behalf of users, or devices. 

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing 

access to organizational information systems. 

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release 

for reuse. 

(viii) Limit physical access to organizational information systems, equipment, and the respective operating 

environments to authorized individuals. 

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage 

physical access devices. 

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by 

organizational information systems) at the external boundaries and key internal boundaries of the information systems. 

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from 

internal networks. 

(xii) Identify, report, and correct information and information system flaws in a timely manner. 

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems. 

(xiv) Update malicious code protection mechanisms when new releases are available. 

 (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are 

downloaded, opened, or executed. 

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements 

specified by Federal agencies and departments relating to covered contractor information systems generally or other 

Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 

13556. 

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in 

subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial 

services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract 

information residing in or transiting through its information system. 

52.211-17 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023) 

(a) Definitions. As used in this clause— 

“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on 

machine-readable media. 

“Concatenated unique item identifier” means— 

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data 

elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise 

identifier; or 

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique 

identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch 

number; and serial number within the original part, lot, or batch number. 

“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules 

arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found 

within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022. 

“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that 

defines the general category or intended use of the data that follows. 

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and 

has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.

mil/asda/dpc/ce/ds/unique-id.html . 

“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that 
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have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are 

serialized within the enterprise identifier, the unique item identifier shall include the data elements of the 

enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number 

within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise 

identifier; the original part, lot, or batch number; and the serial number. 

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to 

items. 

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency. 

“Government’s unit acquisition cost” means— 

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time 

of delivery; 

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened 

unit cost to the Government at the time of delivery; and 

(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the 

Government at the time of delivery. 

“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as 

indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?

Reg_Authority15459. 

“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise 

identifier. 

“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or 

constituent parts. 

“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually 

referred to as either a lot or a batch, all of which were manufactured under identical conditions. 

“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, 

radio frequency identification, or optical memory cards. 

“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a 

class of items with the same form, fit, function, and interface. 

“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique 

item identifier or DoD recognized unique identification equivalent. 

“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the 

enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is 

never used again within the enterprise. 

“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the 

enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, 

or batch number assignment. 

“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique 

among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for 

ensuring unique serialization within the enterprise identifier. 

“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is 

assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for 

ensuring unique serialization within the part, lot, or batch number within the enterprise identifier. 

“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, 

assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the 

same basic name and to indicate modifications and changes thereto. 

“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The 

term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent. 

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been 

used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/

ds/unique-id.html . 

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. 

(c) Unique item identifier. 

(1) The Contractor shall provide a unique item identifier for the following: 

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line 

items: 

Contract Line, Subline, or 

Exhibit Line Item Number Item Description 

___________________________________________________________________ 

___________________________________________________________________ 

___________________________________________________________________ 

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or 

the following table: 

Contract Line, Subline, or 

Exhibit Line Item Number Item Description 

___________________________________________________________________ 

___________________________________________________________________ 

___________________________________________________________________ 

(If items are identified in the Schedule, insert “See Schedule” in this table.) 

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD 

serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____. 

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for 

preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____. 

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item 

identifier for traceability. 

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any 

other item marked or registered in the DoD Item Unique Identification Registry by the contractor. 

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix 

symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology 

specification – Data matrix; ECC200 data matrix specification. 
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(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that— 

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix 

symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the 

Contractor: 

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with 

ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data 

Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. 

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC 

International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and 

Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. 

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with 

the Air Transport Association Common Support Data Dictionary; and 

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of 

messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, 

Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media. 

(5) Unique item identifier. 

(i) The Contractor shall— 

(A) Determine whether to— 

(1) Serialize within the enterprise identifier; 

(2) Serialize within the part, lot, or batch number; or 

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and 

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique 

identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or 

batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MILSTD-130, Identification Marking of U.S. Military Property, latest version; 

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the 

requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and 

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and 

conform to the applicable standards. The contractor shall use an automatic identification technology device for this 

verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version. 

(ii) The issuing agency code— 

(A) Shall not be placed on the item; and 

(B) Shall be derived from the data qualifier for the enterprise identifier. 

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or 

when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part 

of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at 

the time of delivery, as part of the Material Inspection and Receiving Report, the following information: 

(1) Unique item identifier. 

(2) Unique item identifier type. 

(3) Issuing agency code (if concatenated unique item identifier is used). 

(4) Enterprise identifier (if concatenated unique item identifier is used). 

(5) Original part number (if there is serialization within the original part number). 

(6) Lot or batch number (if there is serialization within the lot or batch number). 

(7) Current part number (optional and only if not the same as the original part number). 

(8) Current part number effective date (optional and only if current part number is used). 

(9) Serial number (if concatenated unique item identifier is used). 

(10) Government’s unit acquisition cost. 

(11) Unit of measure. 

(12) Type designation of the item as specified in the contract schedule, if any. 

(13) Whether the item is an item of Special Tooling or Special Test Equipment. 

(14) Whether the item is covered by a warranty. 

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)

(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall 

report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following 

information: 

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded 

subassembly, component, or part. 

(2) Unique item identifier of the embedded subassembly, component, or part. 

(3) Unique item identifier type.** 

(4) Issuing agency code (if concatenated unique item identifier is used).** 

(5) Enterprise identifier (if concatenated unique item identifier is used).** 

(6) Original part number (if there is serialization within the original part number).** 

(7) Lot or batch number (if there is serialization within the lot or batch number).** 

(8) Current part number (optional and only if not the same as the original part number).** 

(9) Current part number effective date (optional and only if current part number is used).** 

(10) Serial number (if concatenated unique item identifier is used).** 

(11) Description. 

** Once per item. 

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows: 

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with 

the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the 

procedures at http://dodprocurementtoolbox.com/site/uidregistry/. 

(2) Embedded items shall be reported by one of the following methods— 

(i) Use of the embedded items capability in WAWF; 

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.

com/site/uidregistry/; or 

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ___, Unique Item Identifier Report 

for Embedded Items, Contract Data Requirements List, DD Form 1423. 

(g) Subcontracts. If the Contractor acquires by subcontract any item(s) for which item unique identification is 
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required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this 

paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial 

services. 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (JAN 2023) 

(a) Definitions.As used in this clause— 

“Commercially available off-the-shelf (COTS) item”— 

(1) Means any item of supply (including construction material) that is— 

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in section 2.101 of 

the Federal Acquisition Regulation); 

(ii) Sold in substantial quantities in the commercial marketplace; and 

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form 

in which it is sold in the commercial marketplace; and 

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum 

products. 

“Component” means an article, material, or supply incorporated directly into an end product. 

“Domestic end product” means— 

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both— 

(i) An unmanufactured end product mined or produced in the United States; or 

(ii) An end product manufactured in the United States if— 

(A) The cost of its qualifying country components and its components that are mined, produced, or manufactured in the 

United States exceeds 55 percent of the cost of all its components. The cost of components includes transportation 

costs to the place of incorporation into the end product and U.S. duty (whether or not a duty-free entry certificate 

is issued). Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for 

processing in the United States is considered domestic. A component is considered to have been mined, produced, or 

manufactured in the United States (regardless of its source in fact) if the end product in which it is incorporated is 

manufactured in the United States and the component is of a class or kind for which the Government has determined that

— 

(1) Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or 

manufactured in the United States; or 

(2) It is inconsistent with the public interest to apply the restrictions of the Buy American statute; or 

(B) The end product is a COTS item. 

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product 

manufactured in the United States, if the cost of iron and steel not produced in the United States or a qualifying 

country constitutes less than 5 percent of the cost of all the components used in the end product (produced in the 

United States or a qualifying country means that all manufacturing processes of the iron or steel must take place in 

the United States or a qualifying country, except metallurgical processes involving refinement of steel additives). 

The cost of iron and steel not produced in the United States or a qualifying country includes but is not limited to 

the cost of iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings, not 

produced in the United States or a qualifying country, utilized in the manufacture of the end product and a good faith 

estimate of the cost of all iron or steel components not produced in the United States or a qualifying country, 

excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product 

contains multiple components, the cost of all the materials used in such end product is calculated in accordance with 

the explanation of cost of components in paragraph (1)(ii)(A) of this definition. 

“End product” means those articles, materials, and supplies to be acquired under this contract for public use. 

“Foreign end product” means an end product other than a domestic end product. 

“Predominantly of iron or steel or a combination of both” means that the cost of the iron and steel content exceeds 50 

percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill 

products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the 

product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners. 

“Qualifying country” means a country with a reciprocal defense procurement memorandum of understanding or 

international agreement with the United States in which both countries agree to remove barriers to purchases of 

supplies produced in the other country or services performed by sources of the other country, and the memorandum or 

agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 

2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: 

Australia 

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Lithuania 

Luxembourg 

Netherlands 

Norway 

Poland 

Portugal 

Slovenia 

Spain 

Sweden 
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Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

“Qualifying country component” means a component mined, produced, or manufactured in a qualifying country. 

“Qualifying country end product” means— 

(1) An unmanufactured end product mined or produced in a qualifying country; or 

(2) An end product manufactured in a qualifying country if — 

(i) The cost of the following types of components exceeds 50 percent of the cost of all its components: 

(A) Components mined, produced, or manufactured in a qualifying country. 

(B) Components mined, produced, or manufactured in the United States. 

(C) Components of foreign origin of a class or kind for which the Government has determined that sufficient and 

reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the 

United States. Components of unknown origin are treated as foreign; or 

(ii) The end product is a COTS item. 

“United States” means the 50 States, the District of Columbia, and outlying areas. 

“Steel” means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include 

other elements. 

(b) This clause implements 41 U.S.C chapter 83, Buy American. In accordance with 41 U.S.C. 1907, the component test of 

the Buy American statute is waived for an end product that is a COTS item (see section 12.505(a)(1) of the Federal 

Acquisition Regulation). Unless otherwise specified, this clause applies to all line items in the contract. 

(c) The Contractor shall deliver only domestic end products unless, in its offer, it specified delivery of other end 

products in the Buy American—Balance of Payments Program Certificate provision of the solicitation. If the Contractor 

certified in its offer that it will deliver a qualifying country end product, the Contractor shall deliver a 

qualifying country end product or, at the Contractor’s option, a domestic end product. 

(d) The contract price does not include duty for end products or components for which the Contractor will claim dutyfree entry. 

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022) 

(a) Definition. “Qualifying country,” as used in this clause, means a country with a reciprocal defense procurement 

memorandum of understanding or international agreement with the United States in which both countries agree to remove 

barriers to purchases of supplies produced in the other country or services performed by sources of the other country, 

and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export 

Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: 

Australia 

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Lithuania 

Luxembourg 

Netherlands 

Norway 

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

(b) Subject to the restrictions in section 225.872 of the Defense FAR Supplement, the Contractor shall not preclude 

qualifying country sources or U.S. sources from competing for subcontracts under this contract. 

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023) 

(a) Definitions. As used in this clause— 

“Credible information” means information that, considering its source and the surrounding circumstances, supports a 

reasonable belief that an event has occurred or will occur. 

“Critical safety item” means a part, subassembly, assembly, subsystem, installation equipment, or support equipment 

for a system that contains a characteristic, any failure, malfunction, or absence of which could have a safety impact. 

“Safety impact” means the occurrence of death, permanent total disability, permanent partial disability, or injury or 

occupational illness requiring hospitalization; loss of a weapon system; or property damage exceeding $1,000,000. 

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for the 

Contractor or another subcontractor under this contract. 

(b) The Contractor shall provide notification, in accordance with paragraph (c) of this clause, of— 

(1) All nonconformances for parts identified as critical safety items acquired by the Government under this contract; 

and 

(2) All nonconformances or deficiencies that may result in a safety impact for systems, or subsystems, assemblies, 

subassemblies, or parts integral to a system, acquired by or serviced for the Government under this contract. 

(c) The Contractor— 
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(1) Shall notify the Administrative Contracting Officer (ACO) and the Procuring Contracting Officer (PCO) as soon as 

practicable, but not later than 72 hours, after discovering or acquiring credible information concerning 

nonconformances and deficiencies described in paragraph (b) of this clause; and 

(2) Shall provide a written notification to the ACO and the PCO within 5 working days that includes— 

(i) A summary of the defect or nonconformance; 

(ii) A chronology of pertinent events; 

(iii) The identification of potentially affected items to the extent known at the time of notification; 

(iv) A point of contact to coordinate problem analysis and resolution; and 

(v) Any other relevant information. 

(d) The Contractor— 

(1) Is responsible for the notification of potential safety issues occurring with regard to an item furnished by any 

subcontractor; and 

(2) Shall facilitate direct communication between the Government and the subcontractor as necessary. 

(e) Notification of safety issues under this clause shall be considered neither an admission of responsibility nor a 

release of liability for the defect or its consequences. This clause does not affect any right of the Government or 

the Contractor established elsewhere in this contract. 

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in 

subcontracts for— 

(i) Parts identified as critical safety items; 

(ii) Systems and subsystems, assemblies, and subassemblies integral to a system; or 

(iii) Repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, 

subassemblies, and parts integral to a system. 

(2) For those subcontracts, including subcontracts for commercial products or commercial services, described in 

paragraph (f)(1) of this clause, the Contractor shall require the subcontractor to provide the notification required 

by paragraph (c) of this clause to— 

(i) The Contractor or higher-tier subcontractor; and 

(ii) The ACO and the PCO, if the subcontractor is aware of the ACO and the PCO for the contract. 

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Nov 2023) 

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual 

representations and certification electronically in the System for Award Management (SAM) accessed through https://

www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the 

Offeror shall complete only paragraphs (c) through (v) of this provision. 

(a) Definitions. As used in this provision— 

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on 

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 

51 percent directly and unconditionally owned by, and the management and daily business operations of which are 

controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in 

accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in 

accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB 

Program. 

Forced or indentured child labor means all work or service— 

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which 

the worker does not offer himself voluntarily; or 

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by 

process or penalties. 

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls 

one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the 

highest level owner. 

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control 

include, but are not limited to, one or more of the following: ownership or interlocking management, identity of 

interests among family members, shared facilities and equipment, and the common use of employees. 

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). 

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except— 

(1) PSC 5510, Lumber and Related Basic Wood Materials; 

(2) Product or Service Group (PSG) 87, Agricultural Supplies; 

(3) PSG 88, Live Animals; 

(4) PSG 89, Subsistence; 

(5) PSC 9410, Crude Grades of Plant Materials; 

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; 

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; 

(8) PSC 9610, Ores; 

(9) PSC 9620, Minerals, Natural and Synthetic; and 

(10) PSC 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. 

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. 

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain 

Telecommunications and Video Surveillance Services or Equipment. 

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 pursuant to specific authorization from the Office of Foreign Assets Control in the Department of 
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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"— 

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)). 

Service-disabled veteran-owned small business concern— 

(1) Means a small business concern— 

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any 

publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled 

veterans; and 

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, 

in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of 

such veteran. 

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service 

connected, as defined in 38 U.S.C. 101(16). 

Small business concern— 

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of 

operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this 

solicitation. 

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or 

has the power to control the others, or a third party or parties control or have the power to control the others. In 

determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, 

common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 

121.103. 

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size 

standard applicable to the acquisition, that— 

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— 

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 

CFR 124.104) individuals who are citizens of the United States; and 

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)

(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and 

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by 

individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. 

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 

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the 

predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/

divisions of the same company or a company that only changes its name. The extent of the responsibility of the 

successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. 

Veteran-owned small business concern means a small business concern— 

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the 

case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; 

and 

(2) The management and daily business operations of which are controlled by one or more veterans. 

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case 

of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management 

and daily business operations are controlled by one or more women 

Women-owned small business concern means a small business concern— 

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 

percent of the stock of which is owned by one or more women; and 

(2) Whose management and daily business operations are controlled by one or more women. 

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means 

a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and 

daily business operations of which are controlled by, one or more women who are citizens of the United States, and the 

concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 

(b) 

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this 

provision do not automatically change the representations and certifications in SAM. 

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through 

http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the 

representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and 

Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are 

current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable 

to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in 

this offer by reference (see FAR 4.1201), except for paragraphs __. 

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for 

the purposes of this solicitation only, if any. 

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. 
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SPE300-24-D-3004

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the 

representations and certifications posted electronically on SAM.] 

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered 

or services to be performed in the United States or its outlying areas, or when the contracting officer has applied 

part 19 in accordance with 19.000(b)(1)(ii). Check all that apply. 

(1) Small business concern. The offeror represents as part of its offer that— 

(i) It □ is, □ is not a small business concern; or 

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 

CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint 

venture: ____________.] 

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern 

in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteranowned small business concern. 

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a 

veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its 

offer that— 

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or 

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The 

offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Each 

service-disabled veteran-owned small business concern participating in the joint venture shall provide representation 

of its service-disabled veteran-owned small business concern status. 

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern 

in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business 

concern as defined in 13 CFR 124.1002. 

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern 

in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business 

concern. 

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture 

that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique 

entity identifier of each party to the joint venture: ____________.] 

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, 

□ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall 

enter the name and unique entity identifier of each party to the joint venture: ____________.] 

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed 

the simplified acquisition threshold. 

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned 

business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The 

offeror represents that it □ is a women-owned business concern. 

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may 

identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror 

or first-tier subcontractors) amount to more than 50 percent of the contract price:____________ 

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that– 

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been 

certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to 

maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone 

contract (see 13 CFR 126.200(e)(1)); and 

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). 

[ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each 

HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone 

status. 

(d) Representations required to implement provisions of Executive Order11246- 

 

(1) Previous contracts and compliance. The offeror represents that- 

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of 

this solicitation; and 

(ii) It □ has, □ has not filed all required compliance reports. 

(2) Affirmative Action Compliance. The offeror represents that- 

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, 

affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), 

or 

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules 

and regulations of the Secretary of Labor. 

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). 

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to 

the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person 

for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or 

employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any 

resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on 

behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB 

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not 

report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. 

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy 

American-Supplies, is included in this solicitation.) 

(1) 

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a 
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domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a 

critical component. 

(ii) The Offeror shall list as foreign end products those 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”. 

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical 

component (see FAR 25.105). 

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end 

product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy 

American-Supplies." 

(2) Foreign End Products: 

___________________________________ 

___________________________________ 

___________________________________ 

[List as necessary] 

(3) Domestic end products containing a critical component: 

Line Item No. ___ 

[List as necessary] 

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. 

(g) 

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy 

American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) 

(i) 

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this 

provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this 

provision contains a critical component. 

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf 

(COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade 

Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined 

in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." 

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than 

Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of 

this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." 

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) 

or Israeli End Products: 

___________________________________ 

___________________________________ 

___________________________________ 

[List as necessary] 

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)

(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade AgreementsIsraeli Trade Act." The Offeror shall list as other foreign end products those 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”. 

Other Foreign End Products: 

[List as necessary] 

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 

25.105). 

Line Item No. ___ 

[List as necessary] 

(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. 

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at 

FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) 

of the basic provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this 

solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: 

Israeli End Products: 

___________________________________ 

___________________________________ 

___________________________________ 

[List as necessary] 

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 

52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of 

the basic provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than 

Bahraini, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the 

clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": 

Free Trade Agreement Country End Products (Other than Bahraini, Korean, Moroccan, Omani, Panamanian, or Peruvian End 

Products) or Israeli End Products: 

___________________________________ 

___________________________________ 

___________________________________ 

[List as necessary] 
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(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this 

solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a 

U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade 

Agreements." 

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end 

products. 

Other End Products: 

___________________________________ 

___________________________________ 

___________________________________ 

[List as necessary] 

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line 

items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products 

without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of 

U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for 

such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. 

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is 

expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and 

belief, that the offeror and/or any of its principals– 

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of 

contracts by any Federal agency; 

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment 

rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to 

obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state 

antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, 

falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or 

receiving stolen property; 

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, 

commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and 

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal 

taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. 

(i) Taxes are considered delinquent if both of the following criteria apply: 

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability 

is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial 

challenge to the liability, the liability is not finally determined until all judicial appeal rights have been 

exhausted. 

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax 

liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection 

action is precluded. 

(ii) Examples. 

 

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to 

seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax 

liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has 

exercised all judicial appeal rights. 

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has 

been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals 

contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. 

In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer 

has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax 

liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has 

exercised all judicial appeal rights. 

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely 

payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is 

not currently required to make full payment. 

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection 

action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). 

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting 

Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the 

List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503

(b).] 

(1) Listed end products. 

___________________________________ 

___________________________________ 

___________________________________ 

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) 

of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] 

☐ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, 

produced, or manufactured in the corresponding country as listed for that product. 

☐ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or

manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good 

faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such 

end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware 

of any such use of child labor. 

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured 

end products.) 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- 
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(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. 

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by 

the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by 

its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate 

if paragraph (k)(1) or (k)(2) applies.] 

☐ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □

does □ does not certify that– 

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes 

and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial 

quantities to the general public in the course of normal business operations; 

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see 

FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and 

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract 

will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial 

customers. 

☐ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- 

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by 

the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in 

the course of normal business operations; 

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices 

(see FAR 22.1003-4(d)(2)(iii)); 

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or 

her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 

percent of available hours during the contract period if the contract period is less than a month) servicing the 

Government contract; and 

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is 

the same as that used for these employees and equivalent employees servicing commercial customers. 

(3) If paragraph (k)(1) or (k)(2) of this clause applies– 

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did 

not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the 

Contracting Officer as soon as possible; and 

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in 

paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of 

this clause. 

(l) Taxpayer Identification Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required 

to provide this information to the SAM to be eligible for award.) 

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply 

with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, 

and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). 

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s 

relationship with the Government ( 31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment 

reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify 

the accuracy of the offeror’s TIN. 

(3) Taxpayer Identification Number (TIN). 

☐TIN: ________________________________. 

☐TIN has been applied for. 

☐TIN is not required because: 

☐Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively 

connected with the conduct of a trade or business in the United States and does not have an office or place of 

business or a fiscal paying agent in the United States; 

☐Offeror is an agency or instrumentality of a foreign government; 

☐Offeror is an agency or instrumentality of the Federal Government. 

(4) Type of organization. 

☐Sole proprietorship; 

☐Partnership; 

☐Corporate entity (not tax-exempt); 

☐Corporate entity (tax-exempt); 

☐Government entity (Federal, State, or local); 

☐Foreign government; 

☐International organization per 26 CFR1.6049-4; 

☐Other ________________________________. 

(5) Common parent. 

☐Offeror is not owned or controlled by a common parent; 

☐Name and TIN of common parent: 

Name ________________________________. 

TIN _________________________________. 

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does 

not conduct any restricted business operations in Sudan. 

(n) Prohibition on Contracting with Inverted Domestic Corporations. 

 (1) 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 

9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. 

(2) Representation. The Offeror represents that– 
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(i) It □ is, □ is not an inverted domestic corporation; and 

(ii) It □ is, □ is not a subsidiary of an inverted domestic corporation. 

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. 

(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.

gov. 

(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)

(3) of this provision, by submission of its offer, the offeror- 

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to 

the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction 

of, the government of Iran; 

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities 

for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and 

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any 

transaction that exceeds the threshold at FAR 25.703-2(a)(2) with Iran’s Revolutionary Guard Corps or any of its 

officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the 

International Emergency Economic Powers Act (et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons 

List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). 

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- 

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); 

and 

(ii) The offeror has certified that all the offered products to be supplied are designated country end products. 

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM 

or a requirement to have a unique entity identifier in the solicitation). 

(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one 

immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, 

paragraph (3) of this provision for each participant in the joint venture. 

(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: 

Immediate owner CAGE code: ____________________. 

Immediate owner legal name: _____________________. 

(Do not use a "doing business as" name) 

Is the immediate owner owned or controlled by another entity: □ Yes or □ No. 

(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned 

or controlled by another entity, then enter the following information: 

Highest-level owner CAGE code: __________________. 

Highest-level owner legal name: ___________________. 

(Do not use a "doing business as" name) 

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 

(1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 

2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will 

not enter into a contract with any corporation that– 

(i) 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 

(ii) 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. 

(2) The Offeror represents that– 

(i) 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 

(ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the 

preceding 24 months. 

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and 

Government Entity Code Reporting.) 

(1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or 

grant within the last three years. 

(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all 

predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in 

reverse chronological order): 

Predecessor CAGE code: (or mark "Unknown"). 

Predecessor legal name: ____. 

(Do not use a "doing business as" name). 

(s) [Reserved]. 

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require 

offerors to register in SAM ( 12.301(d)(1)). 

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the 

prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal 

contract awards in the prior Federal fiscal year. 

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. 

 

(i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose 

greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas 

inventory, performed in accordance with an accounting standard with publicly available and consistently applied 

criteria, such as the Greenhouse Gas Protocol Corporate Standard. 

(ii) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose 

a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target 
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to reduce absolute emissions or emissions intensity by a specific quantity or percentage. 

(iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas 

emissions reporting program. 

(3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror 

shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: 

____________. 

(u) 

(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations 

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in 

continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds 

for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, 

or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees 

or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement 

representative of a Federal department or agency authorized to receive such information. 

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 

312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure 

Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified 

information. 

(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or 

subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise 

restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance 

of a Government contract to a designated investigative or law enforcement representative of a Federal department or 

agency authorized to receive such information (e.g., agency Office of the Inspector General). 

(v) Covered Telecommunications Equipment or Services-Representation. Section 889(a)(1)(A) and section 889 (a)(1)(B) of 

Public Law 115-232. 

(1) 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". 

(2) The Offeror represents that– 

(i) 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. 

(ii) After conducting a reasonable inquiry for purposes of this representation, that it □ does, □ does not use 

covered telecommunications equipment or services, or any equipment, system, or service that uses covered 

telecommunications equipment or services. 

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (JAN 

2023) 

(a) Definitions. As used in this clause— 

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a 

system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an 

object, or the copying of information to unauthorized media may have occurred. 

“Controlled technical information” means technical information with military or space application that is subject to 

controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. 

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F 

using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does 

not include information that is lawfully publicly available without restrictions. 

“Covered defense information” means unclassified controlled technical information or other information (as described 

in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html) 

that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and 

Governmentwide policies, and is— 

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or 

on behalf of DoD in support of the performance of the contract; or 

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the 

performance of the contract. 

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or 

potentially adverse effect on an information system and/or the information residing therein. 

“Information system” means a discrete set of information resources organized for the collection, processing, 

maintenance, use, sharing, dissemination, or disposition of information. 

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, 

magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is 

recorded, stored, or printed within a covered contractor information system. 

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 

252.227-7013 , Rights in Technical Data-Other Than Commercial Products and Commercial Services, regardless of whether 

or not the clause is incorporated in this solicitation or contract. Examples of technical information include research 

and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, 

technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related 

information, and computer software executable code and source code. 

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates 

in the performance of this contract that is information obtained from a third-party’s reporting of a cyber incident 

pursuant to DFARS clause 252.204-7012 , Safeguarding Covered Defense Information and Cyber Incident Reporting (or 

derived from such information obtained under that clause): 

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical 

assistance directly to the Government in support of the Government’s activities related to clause 252.204-7012 , and 

shall not be used for any other purpose. 

(2) The Contractor shall protect the information against unauthorized release or disclosure. 

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with 

this clause prior to the employees being provided access to or use of the information. 

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure 

agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause. 

(5) A breach of these obligations or restrictions may subject the Contractor to— 

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other 
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appropriate remedies by the United States; and 

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as 

a third party beneficiary of this clause. 

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar 

contractual instruments, for services that include support for the Government’s activities related to safeguarding 

covered defense information and cyber incident reporting, including subcontracts for commercial items, without 

alteration, except to identify the parties. 

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN 2023) 

(a) Definitions. As used in this clause— 

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, 

misuse, or unauthorized access to, or modification of information. 

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a 

system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an 

object, or the copying of information to unauthorized media may have occurred. 

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether 

directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program 

description, facility locations), personally identifiable information, as well as trade secrets, commercial or 

financial information, or other commercially sensitive information that is not customarily shared outside of the 

company. 

“Controlled technical information” means technical information with military or space application that is subject to 

controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. 

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F 

using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does 

not include information that is lawfully publicly available without restrictions. 

“Covered contractor information system” means an unclassified information system that is owned, or operated by or for, 

a contractor and that processes, stores, or transmits covered defense information. 

“Covered defense information” means unclassified controlled technical information or other information, as described 

in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, 

that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and 

Governmentwide policies, and is— 

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or 

on behalf of DoD in support of the performance of the contract; or 

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the 

performance of the contract. 

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or 

potentially adverse effect on an information system and/or the information residing therein. 

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative 

purposes in a manner that maintains the integrity of the data. 

“Information system” means a discrete set of information resources organized for the collection, processing, 

maintenance, use, sharing, dissemination, or disposition of information. 

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have 

adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a 

virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of 

adware. 

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, 

magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is 

recorded, stored, or printed within a covered contractor information system. 

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, 

sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, 

or sustainment of the Armed Forces in a contingency operation. 

“Rapidly report” means within 72 hours of discovery of any cyber incident. 

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 

252.227-7013 , Rights in Technical Data—Other Than Commercial Products and Commercial Services, regardless of whether 

or not the clause is incorporated in this solicitation or contract. Examples of technical information include research 

and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, 

technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related 

information, and computer software executable code and source code. 

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. 

To provide adequate security, the Contractor shall implement, at a minimum, the following information security 

protections: 

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system 

operated on behalf of the Government, the following security requirements apply: 

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010 , 

Cloud Computing Services, of this contract. 

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security 

requirements specified elsewhere in this contract. 

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the 

Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the 

following security requirements apply: 

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be 

subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 

800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and 

Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the 

solicitation is issued or as authorized by the Contracting Officer. 

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. 

For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer 

(CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by 

NIST SP 800-171 not implemented at the time of contract award. 

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for 
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consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized 

representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure 

that may be implemented in its place. 

(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not 

applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to 

the Contracting Officer when requesting its recognition under this contract. 

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered 

defense information in performance of this contract, the Contractor shall require and ensure that the cloud service 

provider meets security requirements equivalent to those established by the Government for the Federal Risk and 

Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that 

the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident 

reporting, malicious software, media preservation and protection, access to additional information and equipment 

necessary for forensic analysis, and cyber incident damage assessment. 

(3) Apply other information systems security measures when the Contractor reasonably determines that information 

systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be 

required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical 

devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These 

measures may be addressed in a system security plan. 

(c) Cyber incident reporting requirement. 

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered 

defense information residing therein, or that affects the contractor’s ability to perform the requirements of the 

contract that are designated as operationally critical support and identified in the contract, the Contractor shall— 

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, 

identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing 

covered contractor information system(s) that were part of the cyber incident, as well as other information systems on 

the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised 

covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and 

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil. 

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall 

include, at a minimum, the required elements at https://dibnet.dod.mil. 

(3) Medium assurance certificate requirement.In order to report cyber incidents in accordance with this clause, the 

Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber 

incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/

eca/. 

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection 

with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with 

instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting 

Officer. 

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall 

preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause 

and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report 

to allow DoD to request the media or decline interest. 

(f) Access to additional information or equipment necessary for forensic analysis.Upon request by DoD, the Contractor 

shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. 

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer 

will request that the Contractor provide all of the damage assessment information gathered in accordance with 

paragraph (e) of this clause. 

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against 

the unauthorized use or release of information obtained from the contractor (or derived from information obtained from 

the contractor) under this clause that includes contractor attributional/proprietary information, including such 

information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall 

identify and mark attributional/proprietary information. In making an authorized release of such information, the 

Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that 

is included in such authorized release, seeking to include only that information that is necessary for the authorized 

purpose(s) for which the information is being released. 

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is 

obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not 

created by or for DoD is authorized to be released outside of DoD— 

(1) To entities with missions that may be affected by such information; 

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; 

(3) To Government entities that conduct counterintelligence or law enforcement investigations; 

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense 

Industrial Base (DIB) participants in the program at 32 CFR part 236); or 

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract 

that includes the clause at 252.204-7009 , Limitations on the Use or Disclosure of Third-Party Contractor Reported 

Cyber Incident Information. 

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is 

obtained from the contractor (or derived from information obtained from the contractor) under this clause that is 

created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to 

be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for 

any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based 

restrictions on the Government’s use and release of such information. 

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on 

the interception, monitoring, access, use, and disclosure of electronic communications and data. 

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this 

clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting 

pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a 

result of other applicable U.S. Government statutory or regulatory requirements. 

(m) Subcontracts. The Contractor shall— 
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(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for 

operationally critical support, or for which subcontract performance will involve covered defense information, 

including subcontracts for commercial products or commercial services, without alteration, except to identify the 

parties. The Contractor shall determine if the information required for subcontractor performance retains its identity 

as covered defense information and will require protection under this clause, and, if necessary, consult with the 

Contracting Officer; and 

(2) Require subcontractors to— 

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 

800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; 

and 

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier 

subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this 

clause. 

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023) 

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and 

small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business 

size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes 

to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for 

information technology value-added resellers under NAICS code 541519, if the acquisition— 

(1)Is set aside for small business and has a value above the simplified acquisition threshold; 

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price 

evaluation preference; or 

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small 

business set-aside or sole-source award regardless of dollar value. 

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the 

exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as 

otherwise specified in the solicitation. As a minimum, offers must show— 

(1) The solicitation number; 

(2) The time specified in the solicitation for receipt of offers; 

(3) The name, address, and telephone number of the offeror; 

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the 

requirements in the solicitation. This may include product literature, or other documents, if necessary; 

(5) Terms of any express warranty; 

(6) Price and any discount terms; 

(7) "Remit to" address, if different than mailing address; 

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see 

FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); 

(9) Acknowledgment of Solicitation Amendments; 

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for 

the same or similar items and other references (including contract numbers, points of contact with telephone numbers 

and other relevant information); and 

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all 

terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations 

or information, or reject the terms and conditions of the solicitation may be excluded from consideration. 

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from 

the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. 

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time 

specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at 

no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during 

preaward testing. 

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, 

including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or 

alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each 

offer submitted will be evaluated separately. 

(f) Late submissions, modifications, revisions, and withdrawals of offers. 

 

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach 

the Government office designated in the solicitation by the time specified in the solicitation. If no time is 

specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on 

the date that offers or revisions are due. 

(2) 

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the 

solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is 

received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay 

the acquisition; and- 

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the 

initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date 

specified for receipt of offers; or 

(B) There is acceptable evidence to establish that it was received at the Government installation designated for 

receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or 

(C) If this solicitation is a request for proposals, it was the only proposal received. 

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the 

Government, will be considered at any time it is received and may be accepted. 

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp 

of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or 

oral testimony or statements of Government personnel. 

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at 

the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent 
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Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, 

the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the 

solicitation on the first work day on which normal Government processes resume. 

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. 

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile 

offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, 

subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in 

person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the 

identity of the person requesting withdrawal is established and the person signs a receipt for the offer. 

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a 

contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best 

terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if 

later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such 

action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities 

in offers received. 

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies 

the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for 

quantities less than those specified. The Government reserves the right to make an award on any item for a quantity 

less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. 

(i) Availability of requirements documents cited in the solicitation. 

(1) 

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies 

of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://

assist.dla.mil. 

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this 

solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be 

obtained from the address in paragraph (i)(1)(i) of this provision. 

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://

assist.dla.mil. 

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program 

Office by— 

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or 

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.

mil. 

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, 

publication, or maintenance. 

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below 

the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award 

Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the 

annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and 

address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator 

is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to 

establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same 

entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.

gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an 

offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique 

entity identifier. 

(k) [Reserved] 

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the 

following information, if applicable: 

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer. 

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past 

performance information on the debriefed offeror. 

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. 

(4) A summary of the rationale for award; 

 (5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful 

offeror. 

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection 

procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by 

the agency. 

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021) 

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer 

conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The 

following factors shall be used to evaluate offers: 

________________________________________________ ________________________________________________ 

________________________________________________ 

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item 

offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in 

the relative order of importance of the evaluation factors, such as in descending order of importance.] 

Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 

15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] 

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the 

total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices 

are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). 

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror 

within the time for acceptance specified in the offer, shall result in a binding contract without further action by 

either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), 

whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before 

award. 
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52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition 

Contracts, and Multi-Agency Contracts (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 

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) Notice. During contract performance, the Contractor shall be required to comply with any of the following that 

apply: DHS FASCSA orders, DoD FASCSA orders, or DNI FASCSA orders. The applicable FASCSA order(s) will be identified 

in the request for quotation (see 8.405-2), or in the notice of intent to place an order (see 16.505(b)). FASCSA 

orders will be identified in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—

Prohibition, with its Alternate II. 

(c) Removal. 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 covered article or any product or service 

produced or provided by a source that is subject to an applicable Governmentwide FASCSA order (see FAR 4.2303(b)). 

52.204-29 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—
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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 (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. 
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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 contractual instruments, including subcontracts for the acquisition 

of commercial products and commercial services. 
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(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective 

and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or 

higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that 

the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts. 

52.232-37 Multiple Payment Arrangements (MAY 1999) 

This contract or agreement provides for payments to the Contractor through several alternative methods. The 

applicability of specific methods of payment and the designation of the payment office(s) are either stated- 

(a) Elsewhere in this contract or agreement; or 

(b) In individual orders placed under this contract or agreement. 

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL 

BUSINESS CONCERNS 

(JAN 2023) 

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

 

“Indian” means— 

 

 (1) Any person who is a member of any Indian tribe, band, group, pueblo, or community that is recognized by the 

Federal Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C. 1452

(c); and 

 

 (2) Any “Native” as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). 

 

“Indian organization” means the governing body of any Indian tribe or entity established or recognized by the 

governing body of an Indian tribe for the purposes of 25 U.S.C. Chapter 17. 

 

“Indian-owned economic enterprise” means any Indian-owned (as determined by the Secretary of the Interior) commercial, 

industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership 

constitutes not less than 51 percent of the enterprise. 

 

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups 

(including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims 

Settlement Act, that is recognized by the Federal Government as eligible for services from BIA in accordance with 25 

U.S.C. 1452(c). 

 

“Interested party” means a contractor or an actual or prospective offeror whose direct economic interest would be 

affected by the award of a subcontract or by the failure to award a subcontract. 

 

“Native Hawaiian small business concern” means an entity that is— 

 

 (1) A small business concern as defined in Section 3 of the Small Business Act (15 U.S.C. 632) and 

relevant implementing regulations; and 

 

 (2) Owned and controlled by a Native Hawaiian as defined in 25 U.S.C. 4221(9). 

 

 (b) The Contractor shall use its best efforts to give Indian organizations, Indian-owned economic enterprises, 

and Native Hawaiian small business concerns the maximum practicable opportunity to participate in the subcontracts it 

awards, to the fullest extent consistent with efficient performance of the contract. 

 

 (c) The Contracting Officer and the Contractor, acting in good faith, may rely on the representation of an 

Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern as to its 

eligibility, unless an interested party challenges its status or the Contracting Officer has independent reason to 

question that status. 

 

 (d) In the event of a challenge to the representation of a subcontractor, the Contracting Officer will refer 

the matter to— 

 

 (1)(i) For matters relating to Indian organizations or Indian-owned economic enterprises: 

 

 U.S. U.S. Department of the Interior 

 Bureau of Indian Affairs 

 Attn: Bureau Procurement Chief 

 12220 Sunrise Valley Drive 

 Reston, VA 20191 

 Phone: 703-390-6433 

 Website: https://www.bia.gov/ 

 

 The BIA will determine the eligibility and will notify the Contracting Officer. 

 

 (2)(i) For matters relating to Native Hawaiian small business concerns: 

 

 Department of Hawaiian Home Lands 

 PO Box 1879 

 Honolulu, HI 96805 

 Phone: 808-620-9500 

 Website: http://dhhl.hawaii.gov/ 

 

 The Department of Hawaiian Home Lands will determine the eligibility and will notify the 
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Contracting Officer. 

 

 (e) No incentive payment will be made— 

 

 (1) While a challenge is pending; or 

 

 (2) If a subcontractor is determined to be an ineligible participant. 

 

 (f)(1) The Contractor, on its own behalf or on behalf of a subcontractor at any tier, may request an incentive 

payment in accordance with this clause. 

 

 (2) The incentive amount that may be requested is 5 percent of the estimated cost, target cost, or 

fixed price included in the subcontract at the time of award to the Indian organization, Indian-owned economic 

enterprise, or Native Hawaiian small business concern. 

 

 (3) In the case of a subcontract for commercial products or commercial services, the Contractor may 

receive an incentive payment only if the subcontracted items are produced or manufactured in whole or in part by an 

Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern. 

 

 (4) The Contractor has the burden of proving the amount claimed and shall assert its request for an 

incentive payment prior to completion of contract performance. 

 

 (5) The Contracting Officer, subject to the terms and conditions of the contract and the availability 

of funds, will authorize an incentive payment of 5 percent of the estimated cost, target cost, or fixed price included 

in the subcontract awarded to the Indian organization, Indian-owned economic enterprise, or Native Hawaiian small 

business concern. 

 

 (6) If the Contractor requests and receives an incentive payment on behalf of a subcontractor, the 

Contractor is obligated to pay the subcontractor the incentive amount. 

 

 (g) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts 

exceeding $500,000. 

DEFENSE LOGISTICS ACQUISITION DIRECTIVE (DLAD) PROCUREMENT NOTES 

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (JUN 2023) 

(1) By submitting a quotation or offer, the contractor, if it is not the manufacturer of the item, is confirming it 

currently has, or will obtain before delivery, and shall retain documented evidence (supply chain traceability 

documentation), as described in paragraph (2) of this procurement note, demonstrating the item is from the approved 

manufacturer and conforms to the technical requirements. 2 Defense Logistics Acquisition Directive (DLAD) Procurement 

Notes Effective December 11, 2023 

(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part 

number and/or national stock number, manufacturing source, manufacturing source’s Commercial and Government Entity 

(CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the 

manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, if 

available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers. 

In addition, the contractor will obtain and supply any quality requirements necessary to prove the material meets the 

technical description. Evidence of quality consist of test results, material certifications, and manufacturing process 

sheets, identified by the technical data. 

(3) Contractors can find examples of acceptable supply chain traceability documentation at the Counterfeit Detection 

and Avoidance Program (CDAP) website (http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-DetectionAvoidance- Program/ ). 

(4) The contractor shall immediately make documentation available to the contracting officer upon request. The 

contracting officer determines the acceptability and sufficiency of documentation. The contractor shall retain supply 

chain traceability documentation for six years after final payment under this contract for audit and other valid 

government purposes. If the contractor fails to retain or provide the documentation, or the contracting officer finds 

the documentation to be unacceptable, the contracting officer may take corrective action, including, but not limited 

to, cancellation of undelivered orders or rejection of delivered supplies. 

C05 CHANGES TO KEY PERSONNEL (OCT 2016) 

Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of 

the work to be performed under this contract. These are defined as "key personnel" and are those persons whose resumes 

are submitted as part of the technical/business proposal for evaluation. The contractor shall use key personnel as 

identified in its proposal during the performance of this contract and will request contracting officer approval prior 

to any changes. Requests for approval of any changes shall be in writing with a detailed explanation of the 

circumstances necessitating the change. The request must contain a complete resume for the new key personnel and any 

other pertinent information, such as degrees, certifications, and work history. New key personnel must have 

qualifications that are equal to or higher than those being replaced. The contracting officer will evaluate the 

request and notify the contractor whether the requested change is acceptable to the Government. 

C06 SURGE AND SUSTAINMENT (S&S) REQUIREMENTS (FEB 2017) 
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(1) Definitions. 

“Surge and sustainment (S&S)” means increased quantities and accelerated delivery rates required to meet Military 

Service requisitions across a broad spectrum of contingencies. The increased quantity and accelerated delivery rate 

are above and beyond the normal peacetime requirements. S&S quantities are identified as MWR, D1-D6 schedule, or a 

surge quantity event. 

“Capability Assessment Plan (CAP)” means the offeror’s plan for covering S&S requirements, identification of competing 

priorities for the same resources, and date when the S&S capability can be attained. The offeror must provide the CAP 

as an attachment to its proposal when S&S items are identified in the solicitation. If the offeror cannot meet S&S 

quantity and delivery needs, the CAP must identify the shortfall and provide best value solutions, to include a 

proposed Government investment strategy to help offset the shortfall if needed. 

“Electronic CAP”or “ eCAP ” means an electronic version of the CAP that the offeror can complete online. The web 

address and instructions for completing the eCAP are provided in the solicitation. 

(2) The contractor must maintain its S&S capability to produce and deliver the S&S quantity identified in Section C in 

accordance with the approved capability assessment plan (CAP) throughout the contract performance period. The 

contractor must participate in any S&S testing and verification requested by the Government. The contractor agrees to 

support S&S requirements to the maximum extent practical prior to achieving full S&S capability required in Section C 

and the CAP; and for requirements exceeding those required in Section C and the CAP but not exceeding any applicable 

contract maximum quantity or contract value required in FAR 52.216-19. Changes that negatively impact S&S capability 

must be reported in writing to the contracting officer within ten (10) working days after the contractor becomes aware 

of the impact. The notification must include a revised S&S CAP containing proposed corrective actions and date when 

the S&S capability will be attained. 

(3) The Government reserves the right to verify and test the S&S capability described in the CAP at any time during 

contract performance. The Government will prepare a test and verification plan and upon request the contractor must 

demonstrate its S&S capability. 

(4) If requested by the Government, the contractor must be prepared to provide a plan to participate in S&S validation 

and testing to verify the S&S capability described in the CAP. Participation in S&S validation and testing will be at 

no additional expense to the Government and does not justify an equitable adjustment to the contract price. The plan 

must include methodology, rating criteria, labor, materials, and time required to conduct validation and testing. S&S 

validation generally entails verifying if the contractor and subcontractors have (a) sufficient equipment, facilities, 

personnel, stock, pre-positioned raw materials, production capabilities, and base resources; (b) agreements, networks, 

and plans for distribution (receiving, storing, packaging, and issuing); (c) transportation services to accommodate 

the S&S requirements in the contract; (d) examination of any in-house work; (e) review of the stock rotation plan; and 

(f) other contracts that impact the production of added or accelerated delivery of contract quantities. The testing/

verification plan is not required to be included in the offeror’s proposal. Offerors are encouraged to consider the 

possibility of the Government requesting this participation when formulating the proposal. 

G01 ADDITIONAL WIDE AREA WORKFLOW (WAWF) INFORMATION (AUG 2017) 

Contractors shall include the Transportation Control Number (TCN) and carrier shipment tracking information when 

submitting the DD250/iRAPT Receiving Report in Wide Area Workflow (WAWF) in order to assist with material inspection 

and acceptance. 

H14 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (DEC 2021) 

(a) Work to be performed under this contract or task order may, in full or in part, be performed at the Defense 

Logistics Agency (DLA) Headquarters (HQ), DLA field activity office(s), or other Federally controlled facilities. 

Prior to beginning work on a contract, DLA requires all contractor personnel working on the Federally controlled 

facility to have, at a minimum, an initiated National Agency Check with Written Inquiries (NACI) or NACI equivalent 

and favorable completion of a Federal Bureau of Investigation (FBI) fingerprint check. 

(b) Additionally, in accordance with Department of Defense (DoD) Regulation 5200.2-R, Personnel Security Programs, and 

DLA Issuance 4314, Personnel Security Program, all DoD contractor personnel who have access to Federally-controlled 

information systems must be assigned to positions which are designated at one of three information technology (IT) 

levels, each requiring a certain level of investigation and clearance, as follows: (1) IT-I for an IT position 

requiring a single scope background investigation (SSBI) or SSBI equivalent; (2) IT-II for an IT position requiring a 

National Agency check with Law and Credit (NACLC) or NACLC equivalent; and (3) IT-III for an IT position requiring a 

NACI or equivalent. Note: IT levels will be designated according to the criteria in DoD 5200.2-R. 

(c) Previously completed security investigations may be accepted by the Government in lieu of new investigations if 

determined by the DLA Intelligence Personnel Security Office to be essentially equivalent in scope to the contract 

requirements. The length of time elapsed since the previous investigation will also be considered in determining 

whether a new investigation is warranted. To assist the Government in making this determination, the contractor must 

provide the following information to the respective DLA Intelligence Personnel Security Office immediately upon 

receipt of the contract. This information must be provided for each contractor employee who will perform work on a 

Federally controlled facility and/or will require access to Federally-controlled information systems: (1) Full name, 

with middle name, as applicable, with social security number; (2) Citizenship status with date and place of birth; (3) 

Proof of the individual’s favorably adjudicated background investigation or NACI, consisting of identification of the 

type of investigation performed, date of the favorable adjudication, name of the agency that made the favorable 

adjudication, and name of the agency that performed the investigation; (4) Company name, address, phone and fax 

numbers with email address; (5) Location of on-site workstation or phone number if off-site (if known by the time of 

award); and (6) Delivery order or contract number and expiration date; and name of the contracting officer. 

(d) The contracting officer will ensure that the contractor is notified as soon as a determination is made by the 

assigned or cognizant DLA Intelligence Personnel Security Office regarding acceptance of the previous investigation 
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and clearance level. (1) If a new investigation is deemed necessary, the contractor and contracting officer will be 

notified by the respective DLA Personnel Security Office after appropriate checks in DoD databases have been made. (2) 

If the contractor employee requires access to classified information and currently does not have the appropriate 

clearance level and/or an active security clearance, the DLA Intelligence Personnel Security Office will relay this 

information to the contractor and contracting officer for further action. Investigations for contractor employees 

requiring access to classified information must be initiated by the contractor Facility Security Officer (FSO). (3) 

The contracting officer will ensure that the respective DLA Intelligence Personnel Security Office initiates 

investigations for contractor employees not requiring access to classified information (i.e., IT or unescorted entry). 

(4) It is the contractor’s responsibility to ensure that adequate information is provided, and that each contractor 

employee completes the appropriate paperwork, as required either by the contracting officer or the DLA Intelligence 

Personnel Security Office, in order to begin the investigation process for the required clearance level. 

(e) The contractor is responsible for ensuring that each contractor employee assigned to the position has THE 

appropriate security clearance level. 

(f) The contractor shall submit each request for IT access and investigation through the contracting officer to the 

assigned or cognizant DLA Intelligence Personnel Security Office. Requests shall include the following information 

and/or documentation: (1) Standard Form (SF) 85, Questionnaire for Non-Sensitive Positions, or the SF 86, 

Questionnaire for National Security Positions (see note below); (2) Proof of citizenship (i.e., an original or a 

certified copy of a birth certificate, passport, or naturalization certificate); and (3) Form FD-258, Fingerprint Card 

(however, fingerprinting can be performed by the cognizant DLA Intelligence Personnel Security Office). (Note to (f)

(1) above: An investigation request is facilitated through use of the SF 85 or the SF 86. These forms with 

instructions as well as the Optional Form (OF) 306, Declaration for Federal Employment, which is required with 

submission of the SF85 or SF 86, are available at the Office of Personnel Management’s (OPM) system called Electronic 

– Questionnaires for Investigations Processing (e-QIP). Hard copies of the SF85 and SF86 are available at OPM’s website, www.opm.gov, but hard copies of the forms are not accepted.) 

(g) Required documentation, listed above in paragraphs (f)(1) through (3), must be provided by the contractor as 

directed by the contracting officer to the cognizant DLA Intelligence Personnel Security Office at the time of 

fingerprinting or prior to the DLA Intelligence Personnel Security Office releasing the investigation to OPM. 

(h) Upon completion of the NACI, NACLC, SSBI, or other sufficient, appropriate investigation, the results of the 

investigation will be forwarded by OPM to the appropriate adjudication facility for eligibility determination or the 

DLA Intelligence Personnel Security Office for review and determination regarding the applicant’s suitability to 

occupy an unescorted entry position in performance of the DLA contract. Contractor personnel shall not commence work 

on this effort until the investigation has been favorably adjudicated or the contractor employee has been waived into 

the position pending completion of adjudication. The DLA Intelligence Personnel Security Office will ensure that 

results of investigations will be sent by OPM to the Department of Defense, Consolidated Adjudications Facility 

(DoDCAF) or DLA Intelligence Personnel Security Office. 

(i) A waiver for IT level positions to allow assignment of an individual contractor employee to commence work prior to 

completion of the investigation may be granted in emergency situations when it is determined that a delay would be 

harmful to national security. A request for waiver will be considered only after the Government is in receipt of the 

individual contractor employee’s completed forms, the background investigation has been initiated, and favorable FBI 

fingerprint check has been conducted. The request for a waiver must be approved by the Commander/Director or Deputy 

Commander/Director of the site. The cognizant DLA Intelligence Personnel Security Office reserves the right to 

determine whether a waiver request will be forwarded for processing. The individual contractor employee for which the 

waiver is being requested may not be assigned to a position, that is, physically work at the Federally controlled 

facility and/or be granted access to Federally-controlled information systems, until the waiver has been approved. 

(j) The requirements of this procurement note apply to the prime contractor and any subcontractors the prime 

contractor may employ during the course of this contract, as well as any temporary employees that may be hired by the 

contractor. The Government retains the right to request removal of contractor personnel, regardless of prior clearance 

or adjudication status whose actions, while assigned to this contract, who are determined by the contracting officer 

to conflict with the interests of the Government. If such removal occurs, the contractor shall assign qualified 

personnel, with the required investigation, to any vacancy. 

(k) All contractor personnel who are granted access to Government and/or Federally-controlled info formation systems 

shall observe all local automated information system (AIS) security policies and procedures. Violations of local AIS 

security policy, such as password sharing, performing personal work, file access violations, or browsing files outside 

the scope of the contract, will result in removal of the contractor employee from Government property and referral to 

the contractor for appropriate disciplinary action. Actions taken by the contractor in response to a violation will be 

evaluated and will be reflected in the contractor’s performance assessment for use in making future source selection 

decisions. In addition, based on the nature and extent of any violations of AIS security policy, the Government will 

consider whether it needs to pursue any other actions under the contract such as a possible termination. 

(l) The contractor may also be required to obtain a Common Access Card (CAC) or Installation Access Badge for each 

contractor employee in accordance with procedures established by DLA. When a CAC is required, the contracting officer 

will ensure that the contractor follows the requirements of Homeland Security Presidential Directive 12 and any other 

CAC-related requirements in the contract. The contractor shall provide, on a monthly basis, a listing of all personnel 

working under the contract that have CACs. 

(m) See procurement note H16, Operations Security (OPSEC) For On-site Contractors, for required OPSEC training. 

Contractor personnel must additionally receive operations security (OPSEC) and information security (INFOSEC) 

awareness training. The DLA annual OPSEC refresher training and DLA annual INFOSEC training will satisfy these 

requirements and are available through the DLA Intelligence Office. 

(n) When a contractor employee who has been granted a clearance is removed from the contract, the contractor shall 

provide an appropriately trained substitute who has met or will meet the investigative requirements of this 
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procurement note. The substitute may not begin work on the contract without written documentation, signed by the 

contracting officer, stating that the new contractor employee has met one of the criteria set forth in paragraphs (c), 

(d), or (i) of this procurement note (i.e., acceptance of a previously completed security investigation, satisfactory 

completion of a new investigation, or a waiver allowing work to begin pending completion of an investigation). 

Contractor individual employees removed from this contract as a result of a violation of local AIS security policy are 

removed for the duration of the contract. 

(o) The following shall be completed for every employee of the Government contractor working on this contract upon 

contract expiration. Additionally, the contractor shall notify the contracting officer immediately in writing whenever 

a contractor employee working on this contract resigns, is reassigned, is terminated, or no longer requires admittance 

to the Federally-controlled facility or access to Federally controlled information systems. When the contractor 

employee departs, the contractor will relay departure information to the cognizant DLA Intelligence Personnel Security 

Office and the Trusted Agent (TA) that entered the individual into the Trusted Associated Sponsorship System (TASS), 

so appropriate databases can be updated. The contractor will ensure each departed employee has completed the DLA J6 

Out-Processing Checklist, when applicable, for the necessary security briefing, has returned any Government furnished 

equipment, returned the DoD CAC and DLA (or equivalent Installation) badge, returned any DoD or DLA vehicle decal, and 

requested deletion of local area network account with a prepared Department of Defense (DD) Form 2875. The contractor 

will be responsible for any costs involved for failure to complete the out-processing, including recovery of 

Government property and investigation involved. 

(p) These contractor security requirements do not excuse the contractor from meeting the delivery schedule/performance 

requirements set forth in the contract or waive the delivery schedule/performance requirements in any way. The 

contractor shall meet the required delivery schedule/performance requirements unless the contracting officer grants a 

waiver or extension. 

(q) The contractor shall not bill for personnel, who are not working on the contract while that contractor employee’s 

clearance investigation is pending. 

H16 OPERATIONS SECURITY (OPSEC) FOR ON-SITE CONTRACTORS (DEC 2021) 

(1) Contractors shall complete the following courses: 

(a) Center for the Development of Security Excellence Operations Security (OPSEC) Awareness. 

(b) Unauthorized Disclosure of Classified Information for DoD and Industry. 

(c) Insider Threat Awareness; and 

(d) Introduction to Information Security courses. These courses are located at Security Awareness Hub (https:// 

securityawareness.usalearning.gov/index.html). 

(2) The courses identified at subparagraph (1) above are required for all contractors that perform work on-site at a 

DLA or DoD facility; or for contractors that perform work off-site and access a Federally-controlled information 

system. 

(3) The contractor shall immediately direct its workforce who are performing services for the Government to take the 

training after contract award. The contractor shall provide evidence of this training to the contracting officer 

representative or the contracting officer no later than five business days after contract award or prior to accessing 

the installation or a Federally-controlled information system, whichever occurs first. 

(4) Annual refresher training is required and consists of re-accomplishing all of the courses listed in subparagraph 

(1) above. The contractor shall keep certificates on record for inspection or submission as required by the Government 

at the Government’s discretion. 

L08 USE OF SUPPLIER PERFORMANCE RISK SYSTEM (SPRS) IN PAST PERFORMANCE EVALUATIONS (JUN 2020) 

(1) The Government will use the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/ ) (formerly 

Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR)) to evaluate suppliers’ past 

performance. 

(2) SPRS collects quality and delivery data on previously awarded contracts and orders from existing Department of 

Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or 

service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information 

regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies the Government is 

purchasing. 

(3) The contracting officer will use the quality and delivery classifications identified for a supplier in SPRS to 

evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested). The Government 

will use this past performance information in accordance with the basis for award stated in the solicitation. 

(4) SPRS generates classifications daily for each contractor. The SPRS Software User's Guide for Awardees/Contractors 

(https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf) and the SPRS Government User Guide (https://www.sprs.csd.disa.

mil/pdf/SPRS_Government.pdf) provide instructions for accessing SPRS classifications. Contractors have access to SPRS 

for their own classifications only. Suppliers are encouraged to review their own classifications; the SPRS reporting 

procedures and classification methodology detailed in the SPRS Software User's Guide for Awardees/Contractors 

(https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf); and the SPRS Evaluation Criteria (https://www.sprs.csd.disa.mil/

pdf/SPRS_DataEvaluationCriteria.pdf). The SPRS Software User's Guide for Awardees/Contractors (https://www.sprs.csd.

disa.mil/pdf/SPRS_Awardee.pdf) provides the method to challenge a rating generated by SPRS. 

L27 ADDITION AND DELETION OF ITEMS (AUG 2017) 

(1) The Government reserves the right to unilaterally delete items that were available from only one manufacturer at 

the time of award if an alternate source of supply becomes available or the Government’s requirements are modified to 

provide for full and open competition. The Government will provide a 30-day advance notice to the contractor prior to 

deleting any item from the contract. 

(2) The Government may add new items to the contract through bilateral modification with negotiated prices. All new 

requirements are subject to synopsis prior to addition to the contract. 
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SPE300-24-D-3004

(3) Discontinued items: 

(a) The contractor agrees to provide the Government with immediate, written notification when the manufacturer will 

discontinue an item, including a recommendation for any potential substitute or replacement items. If the Government 

elects to include a substitute or replacement item in the contract, the contracting officer will modify the contract 

accordingly. 

(b) If the manufacturer discontinues an item without replacement, the contractor shall include in the notice a 

recommendation concerning the availability of items that are comparable in form, fit, and function. The contractor 

shall not incur any costs related to alternate sources of supply without the express written approval of the 

contracting officer. The Government has the option to make a last time order, or series of orders, within 30 days 

after receiving written notification of the discontinued item, after which the item will be deleted from the contract. 

The contractor shall honor any last time order, unless it is returned to the ordering office within 10 days after 

issuance with written notice stating the full quantity is not available for shipment. The parties will negotiate the 

terms of such orders, including changes to the delivery schedule and maximum quantity available for shipment. 
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Form

Standard Element has no Title

 

Part 12 Clauses

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

 

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 (JAN 2023) DFARS

 

252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN 

2023) DFARS

 

252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR FOREIGN MILITARY SALES INDIRECT 

OFFSETS (DEC 2022) DFARS

 

252.223-7009 PROHIBITION OF PROCUMENT OF FLOURINATED AQUEOUS FILM-FORMING FOAM FIRE-FIGHTING AGENT FOR 

USE ON MILITARY INSTALLATIONS (OCT 2023) FAR

 

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR

 

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (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.) 

(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 
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SPE300-24-D-3004

Part 12 Clauses (CONTINUED)

payment requests and receiving reports in the system. 

Routing Data Table * 

Field Name in WAWF Data to be entered in 

WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver 

(DoDAAC)

Service Acceptor 

(DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(* 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. 

(Contracting Officer: Insert applicable information or “Not applicable.”) 

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

 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV 2023) DFARS

 

252.245-7005 MANAGEMENT AND REPORTING OF GOVERNMENT PROPERTY (JAN 2024) DFARS

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES 

(JAN 2023) DFARS

 

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

 

52.204-28 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS -- FEDERAL SUPPLY SCHEDULES, 

GOVERNMENTWIDE ACQUISITION CONTRACTS, AND MULTI--AGENCY CONTRACTS (DEC 2023) FAR

 

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS -- PROHIBITION (DEC 2023) FAR

 

Attachments

PID Data - Custom Clause

Header
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SPE300-24-D-3004

Attachments (CONTINUED)

Header

 C1