FAC 2025-02

52.204-8 Annual Representations and Certifications.

4.1202(a)

− May 2024

+ Jan 2025

P

K

also provides for agency and public participation in developing

the FAR and agency acquisition regulation.

− The Federal Acquisition Regulation (FAR) includes all Federal Acquisition Circulars through 2025-01 effective November 12, 2024. Beginning in fiscal year 2019, designation of Federal Acquisition Circulars was changed to reflect the fiscal year in the first four digits and the sequence of the issued circular in the last two digits.

+ The Federal Acquisition Regulation (FAR) includes all Federal Acquisition Circulars through 2025-02 effective January 3, 2025. Beginning in fiscal year 2019, designation of Federal Acquisition Circulars was changed to reflect the fiscal year in the first four digits and the sequence of the issued circular in the last two digits.

also provides for agency and public participation in developing

the FAR and agency acquisition regulation.

− The Federal Acquisition Regulation (FAR) includes all Federal Acquisition Circulars through 2025-01. Beginning in fiscal year 2019, designation of Federal Acquisition Circulars was changed to reflect the fiscal year in the first four digits and the sequence of the issued circular in the last two digits.

+ The Federal Acquisition Regulation (FAR) includes all Federal Acquisition Circulars through 2025-02. Beginning in fiscal year 2019, designation of Federal Acquisition Circulars was changed to reflect the fiscal year in the first four digits and the sequence of the issued circular in the last two digits.

List of Sections Affected

− FAC 2025-01 November 12, 2024

+ FAC 2025-02 January 3, 2025

SectionDescription of ChangeCase Number

− 4.000

− Revise section 4.000.

− FAR Case 2024-002

− 13.201

− (m)

− Amend section 13.201 by adding paragraph (m).

− FAR Case 2024-002

− 39.101

− (i)

− Amend section 39.101 by adding paragraph (i).

− FAR Case 2024-002

− Subpart 40.2

− Add subpart 40.2.

− FAR Case 2024-002

− 52.204-7, clause date/heading and (b)(1)

− Amend section 52.204-7 by revising the date of the provision and paragraph (b)(1).

− FAR Case 2023-018 52.212-5, clause date/heading , (b)(63), (e)(1)(xxvi), and Alternate II (e)(1)(ii)(Y)

+ 1.106

+ In section 1.106 amend in the table following the introductory text, by adding in numerical order, an entry for “52.247-69”.

+ FAR Case 2019-017

+ 12.503

+ (b)(4)

+ Amend section 12.503 by revising paragraph (b)(4).

+ FAR Case 2019-017

+ 13.302-5

+ (d)(4)

+ Amend section 13.302-5, in paragraph (d)(4) by removing “52.213-4(b)(1)(xvii)(B)” and adding “52.213-4(b)(1)(xviii)(B)” in its place.

+ Technical Amendment

+ 22.1703

+ Amend section 22.1703 by revising the introductory text.

+ FAR Case 2019-017

+ 25.101

+ (d)(2)(ii)

+ Amend section 25.101, in paragraph (d)(2)(ii) by removing “52.213-4(b)(1)(xvii)(B)” and adding “52.213-4(b)(1)(xviii)(B)” in its place.

+ Technical Amendment

+ 36.603

+ (c)

+ Amend section 36.603, in paragraph (c), by removing from the last sentence of the introductory text “SF’s 254 and 255” and adding “SF 330” in its place.

+ Technical Amendment 47.101 (g)Amend section 47.101 by revising paragraph (g)

+ FAR Case 2019-017 47.400

+ Add section 47.400 to subpart 47.4.

+ FAR Case 2019-017 47.401 definition “U.S.-flag air carrier”

+ Amend section 47.401 by revising the definition of “U.S.-flag air carrier”.

+ FAR Case 2019-017

+ 47.402

+ Revise section 47.402.

+ FAR Case 2019-017 47.405

+ Revise section 47.405.

+ FAR Case 2019-017 49.601-2

+ Amend section 49.601-2 by—

+ a. Removing from the end of the introductory paragraph, the undesignated text “LINE ITEMS, ETC.”” and adding “Notice of Termination to Prime Contractors” in its place; and

+ b. Removing from the undesignated text before paragraph (a) “items, etc.]” and adding “line items, etc.]” in its place.

+ Technical Amendment

+ 52.204-2

+ Amend section 52.204-2 by removing from the introductory text the word “clauses” and adding “clause” in its place.

+ Technical Amendment

+ 52.204-7

+ Amend section 52.204-7 by adding the phrase “(End of provision)” after paragraph (d) and before the Alternate I.

+ Technical Amendment

+ 52.204-8, clause date/heading and (c)(1)(xix)

+ Amend section 52.204-8 by revising the date of the provision, and removing from paragraph (c)(1)(xix) the phrase “include the clause at 52.204-7” and adding “include the provision at 52.204-7” in its place.

+ Technical Amendment

+ 52.204-19

+ Amend section 52.204-19 by removing from the introductory text “clause.” and adding “clause:” in its place.

+ Technical Amendment 52.212-5, (b)(30) and (b)(49)(iii)

Amend section 52.212-5 by—

a. Revising the date of the clause;

− b. Redesignating paragraphs (b)(63) and (64) as paragraphs (b)(64) and (65) and adding a new paragraph (b)(63);

− c. Redesignating paragraph (e)(1)(xxvi) as paragraph (e)(1)(xxvii) and adding a new paragraph (e)(1)(xxvi); and

− d. In Alternate II;

− i. Revising the date of the alternate; and

− ii. Redesignating paragraph (e)(1)(ii)(Y) as paragraph (e)(1)(ii)(Z) and adding a new paragraph (e)(1)(ii)(Y).

− FAR Case 2024-002

− 52.213-4, clause date/heading , (a)(2)(vii) and (b)(1)(xxii)

− Amend section 52.213-4 by—

− a. Revising the date of the clause and paragraph (a)(2)(vii); and

− a. Revising the date of the clause and paragraph (a)(2)(vii); and

− b. Redesignating paragraph (b)(1)(xxii) as paragraph (b)(1)(xxiii) and adding a new paragraph (b)(1)(xxii).

− FAR Case 2024-002

− 52.240-1

− Add section 52.240-1.

− FAR Case 2024-002

− 52.244-6, clause date/heading and (c)(1)(xxiii)

− Amend section 52.244-6 by—

− a. Revising the date of the clause; and

− b. Redesignating paragraph (c)(1)(xxiii) as paragraph (c)(1)(xxiv) and adding a new paragraph (c)(1)(xxiii).

− FAR Case 2024-002

+ b. Removing from paragraph (b)(30) “(15 U.S.C. 657s)” and adding “(15 U.S.C. 637(a)(17))” in its place; and

+ c. Removing from paragraph (b)(49)(iii) the date “DEC 2022” and in its place adding (Jan 2025)

+ Technical Amendment 52.212-5, (c)(10) Amend section 52.212-5 by revising the date of the clause and adding paragraph (c)(10).

+ FAR Case 2019-017 52.213-4, clause date/heading and (b)(1)(xxiv)

+ Amend section 52.213–4 by revising the date of the clause; and adding paragraph (b)(1)(xxiv).

+ FAR Case 2019-017 52.225-3, Alternate II

+ Amend section 52.225-3 in Alternate II by—

+ a. Revising the date of the Alternate; and

+ b. Removing from paragraph (c) the phrase “provision entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”” and adding the phrase “provision entitled “Buy American—Free Trade Agreements—Israeli Trade Act Certificate.”” in its place.

+ Technical Amendment 52.225-4 ,Alternate II and Alternate III

+ Amend section 52.225-4—

+ a. In Alternate II by—

+ i. Revising the date of the Alternate; and

+ ii. Removing from paragraph (b) the phrases ““Buy American—Free Trade Agreements—Israeli Trade Act—Balance of Payments Program”:” and “Israeli End Products” and adding the phrases ““Buy American—Free Trade Agreements—Israeli Trade Act”.” and “Israeli End Products:” in their place.

+ b. In Alternate III by—

+ i. Revising the date of the Alternate; and

+ ii. Removing from paragraph (b) ““Buy American—Free Trade Agreements—Israeli Trade Act”:” and adding ““Buy American—Free Trade Agreements—Israeli Trade Act”.” in its place.

+ Technical Amendment

+ 52.225-18

+ Amend section 52.225-18 by removing from the introductory text “solicitation provision” and adding “provision” in its place.

+ Technical Amendment

+ 52.247-63 , clause date/heading ,(a) in the definition of "U.S.-flag air carrier",(c),(d) and (e)

+ Amend section 52.247–63 by—

+ a. In the introductory text, removing “47.405” and adding “47.405(a)” in its place;

+ b. Revising the date of the clause;

+ c. In paragraph (a), revising the definition of “U.S.-flag air carrier”;

+ d. Revising paragraph (b); and

+ e. Adding headings to paragraphs (c), (d) and (e).

+ FAR Case 2019-017

+ 52.247-69

+ Add section 52.247–69.

+ FAR Case 2019-017

17.703 Policy.

Subpart 17.8 - Reverse Auctions

− 17.801 Scope of subpart.

− 17.802 Definitions.

− 17.803 Policy.

− 17.804 Applicability.

− 17.805 Procedures.

− 17.806 Solicitation provision and contract clauses.

+ 17.800 Scope of subpart.

+ 17.801 Definitions.

+ 17.802 Policy.

+ 17.803 Applicability.

+ 17.804 Procedures.

+ 17.805 Solicitation provision and contract clauses.

Subpart 40.1 - [Reserved]

Subpart 40.2 - Security Prohibitions and Exclusions

− 40.200 Scope of subpart.

− 40.201 Definitions.

− 40.202 Prohibition on the Procurement and Operation of Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

− 40.202-1 Scope.

− 40.202-2 Applicability.

− 40.202-3 Prohibition.

− 40.202-4 Exemptions.

− 40.202-5 Exceptions.

− 40.202-6 Waivers.

− 40.202-7 Procedures.

− 40.202-8 Contract clause.

+ 40.201 Scope of subpart.

+ 40.202 Definitions.

+ 40.203 Prohibition on the procurement and operation of unmanned aircraft systems manufactured or assembled by American Security Drone Act-covered foreign entities. s.

+ 40.203-1 Scope.

+ 40.203-2 Applicability.

+ 40.203-3 Prohibition.

+ 40.203-4 Exemptions.

+ 40.203-5 Exceptions.

+ 40.203-6 Waivers.

+ 40.203-7 Procedures.

+ 40.203-8 Contract clause.

Subpart 40.3 - [Reserved]

47.306-3 Adequacy of loading and unloading facilities.

Subpart 47.4 - Air Transportation by U.S.-Flag Carriers

+ 47.400 Scope of subpart.

47.401 Definitions.

47.402 Policy.

52.247-67 Submission of Transportation Documents for Audit.

52.247-68 Report of Shipment (REPSHIP).

+ 52.247-69 Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking.

52.248 [Reserved]

52.248-1 Value Engineering.

− Subpart 53.3 - Illustration of Forms

52.247-68

9000-0061

+ 52.247-69

+ 9000-0061

52.248-1

9000-0027

− 4.300 Scope of subpart.

− This subpart provides policies and procedures on contractor-submitted paper documents.

− 4.301 Definition.

− Printed or copied double-sided, as used in this subpart, means printing or reproducing a document so that information is on both sides of a sheet of paper.

− 4.302 Policy.

− (a)

− Section 3(a) of E.O. 13423, Strengthening Federal Environmental, Energy, and Transportation Management, directs agencies to implement waste prevention. In addition, section 2(e) of E.O. 13514, Federal Leadership in Environmental, Energy, and Economic Performance, directs agencies to eliminate waste. Electronic commerce methods (see 4.502) and double-sided printing and copying are best practices for waste prevention.

− (b)

− When electronic commerce methods (see 4.502) are not used, agencies shall require contractors to submit paper documents to the Government relating to an acquisition printed or copied double-sided on at least 30 percent postconsumer fiber paper whenever practicable. If the contractor cannot print or copy double-sided, it shall print or copy single-sided on at least 30 percent postconsumer fiber paper.

− 4.303 Contract clause.

− Insert the clause at 52.204-4, Printed or Copied Double-Sided on Recycled Paper, in solicitations and contracts that exceed the simplified acquisition threshold.

− 8.500 Scope of subpart.

− This subpart implements the requirements of the Helium Act (50 U.S.C.167, etseq.) concerning the acquisition of liquid or gaseous helium by Federal agencies or by Government contractors or subcontractors for use in the performance of a Government contract (also see 43 CFR Part 3195).

− 8.501 Definitions.

− As used in this subpart-

− Bureau of Land Management means the— Department of the Interior Bureau of Land Management Amarillo Field Office Helium Operations 801 South Fillmore Street Suite 500 Amarillo, TX 79101-3545.

− Federal helium supplier means a private helium vendor that has an in-kind crude helium sales contract with the Bureau of Land Management (BLM) and that is on the BLM Amarillo Field Office’s Authorized List of Federal Helium Suppliers available via the Internet at https://www.blm.gov/programs/energy-and-minerals/helium/partners.

− Major helium requirement means an estimated refined helium requirement greater than 200,000 standard cubic feet (scf) (measured at 14.7 pounds per square inch absolute pressure and 70 degrees Fahrenheit temperature) of gaseous helium or 7510 liters of liquid helium delivered to a helium use location per year.

− 8.502 Policy.

− Agencies and their contractors and subcontractors must purchase major helium requirements from Federal helium suppliers, to the extent that supplies are available.

− 8.503 Exception.

− The requirements of this subpart do not apply to contracts or subcontracts in which the helium was acquired by the contractor prior to award of the contract or subcontract.

− 8.504 Procedures.

− The contracting officer must forward the following information to the Bureau of Land Management within 45 days of the close of each fiscal quarter:

− (a)

− The name of any company that supplied a major helium requirement.

− (b)

− The amount of helium purchased.

− (c)

− The delivery date(s).

− (d)

− The location where the helium was used.

− 8.505 Contract clause.

− Insert the clause at 52.208-8, Required Sources for Helium and Helium Usage Data, in solicitations and contracts if it is anticipated that performance of the contract involves a major helium requirement.

− 11.303 Special requirements for paper.

− (a)

− The following applies when agencies acquire paper in the United States (as defined in 23.001):

− (1)

− Section 2(d)(ii) of Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, establishes a 30 percent postconsumer fiber content standards for agency paper use. Section 2(d)(ii) requires that an agency’s paper products must meet or exceed the minimum content standard.

− (2)

− Section 2(e)(iv) of Executive Order 13514 requires acquisition of uncoated printing and writing paper containing at least 30 percent postconsumer fiber.

− (b)

− Exceptions. If paper under paragraphs (a)(1) or (a)(2) of this section containing at least 30 percent postconsumer fiber is not reasonably available, does not meet reasonable performance requirements, or is only available at an unreasonable price, then the agency must purchase-

− (1)

− Printing and writing paper containing no less than 20 percent postconsumer fiber; or

− (2)

− Paper, other than printing and writing paper, with the maximum practicable percentage of postconsumer fiber that is reasonably available at a reasonable price and that meets reasonable performance requirements.

(see 3.502).

(4)

− 49 U.S.C.40118, Requirement

− for a clause under the Fly American provisions (see 47.405).

+ 49 U.S.C.40118, Requirement for a clause under provisions of the Government-financed air transportation statute, commonly referred to as the Fly America Act, except that 49 U.S.C.40118(g) is applicable to the acquisition of commercial services (see 47.405).

(c)

The applicability

(l)

Do not procure or obtain, or extend or renew a contract to procure or obtain, any covered article, or any products or services produced or provided by a source, including contractor use of covered articles or sources, if prohibited from doing so by an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order issued by the Director of National Intelligence, Secretary of Defense, or Secretary of Homeland Security (see 4.2303).

− (m) The prohibitions on unmanned aircraft systems (e.g., drones) in 40.202 apply to purchases at or below the micro-purchase threshold.

+ (m) The prohibitions on unmanned aircraft systems (e.g., drones) in 40.203 apply to purchases at or below the micro-purchase threshold.

supplies for use outside the United States, delete clause 52.225-1 from the clause

list at 52.213-4(b).

− (4)

− When the senior procurement executive

− allows for application of an alternate domestic content test for the contract in

− accordance with 25.101(d), so that the initial domestic content threshold will apply to

− the entire period of performance, the contracting officer shall fill in the 52.213-4(b)(1)(xvii)(B) for 52.225-1 Alternate I as follows: For

− contracts that the contracting officer estimates will be awarded in calendar year

− 2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of

− the definition of domestic end product. For contracts that the contracting officer

− estimates will be awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the

− contracting officer shall insert “65”. For contracts that the contracting officer

− estimates will be awarded after calendar year 2028 the contracting officer shall

− insert

− “75”.

+ (4) When the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.101(d), so that the initial domestic content threshold will apply to the entire period of performance, the contracting officer shall fill in the

+ 52.213-4(b)(1)(xviii)(B) for 52.225-1 Alternate I as follows: For contracts that the contracting officer estimates will be awarded in calendar year 2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of domestic end product. For contracts that the contracting officer estimates will be awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”. For contracts that the contracting officer estimates will be awarded after calendar year 2028 the contracting officer shall insert “75”.

− 17.801 Scope of subpart.

+ 17.800 Scope of subpart.

This subpart prescribes policies and procedures for conducting reverse auctions and utilizing reverse auction service providers.

− 17.802 Definitions.

+ 17.801 Definitions.

As used in this subpart—

Government data means any information, document, media, or machine-readable material regardless of physical form or characteristics, that is created or obtained by the Government, in the course of official Government business.

− 17.803 Policy.

+ 17.802 Policy.

(a) The use of reverse auctions may be appropriate when market research indicates that—

(1) A competitive marketplace exists for the supplies and/or services being acquired;

− 17.804 Applicability.

+ 17.803 Applicability.

Reverse auction processes shall not be used for—

(a) Design-build construction contracts (see 36.104);

− 17.805 Procedures.

+ 17.804 Procedures.

(a) When considering the use of a reverse auction service provider, the contracting officer shall—

(1) Conduct market research for available sources of reverse auction services ( e.g., existing agency contracts or agreements, commercial service providers, or Government service providers);

− 17.806 Solicitation provision and contract clauses.

+ 17.805 Solicitation provision and contract clauses.

(a) The contracting officer shall insert the provision at 52.217-10, Reverse Auction, in solicitations when using a reverse auction to award a contract or blanket purchase agreement.

(b) The contracting officer shall insert the clause at 52.217-11, Reverse Auction—Orders, in solicitations and contracts for a multiple-award contract or blanket purchase agreement, when a reverse auction may be used to place orders under the basic contract or blanket purchase agreement.

22.1703 Policy.

− The United States Government has adopted a policy prohibiting trafficking in persons, including the trafficking-related activities below. Additional information about trafficking in persons may be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip . Government solicitations and contracts shall-

+ The United States Government has adopted a policy prohibiting trafficking in persons, including the trafficking-related activities below. Additional information about trafficking in persons may be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip . See 47.405(b) for contract reporting requirements concerning training to prevent human trafficking for domestic carrier air transportation; 47.405(b) is not applicable to contracts awarded by the Department of Defense or contracts for commercial products. Government solicitations and contracts shall—

(a)

Prohibit contractors, contractor employees, subcontractors, subcontractor employees, and their agents from-

− 23.203 Energy-efficient products.

− (a)

− Unless exempt as provided at 23.204-

− (1)

− When acquiring energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)-

− (i)

− Agencies shall purchase ENERGY STAR® or FEMP-designated products; and

− (ii)

− For products that consume power in a standby mode and are listed on FEMP’s Low Standby Power Devices product listing, agencies shall-

− (A)

− Purchase items which meet FEMP’s standby power wattage recommendation or document the reason for not purchasing such items; or

− (B)

− If FEMP has listed a product without a corresponding wattage recommendation, purchase items which use no more than one watt in their standby power consuming mode. When it is impracticable to meet the one watt requirement, agencies shall purchase items with the lowest standby wattage practicable; and

− (2)

− When contracting for services or construction that will include the provision of energy-consuming products, agencies shall specify products that comply with the applicable requirements in paragraph (a)(1) of this section.

− (b)

− Information is available via the Internet about-

− (1)

− ENERGY STAR® at http://www.energystar.gov/products; and

− (2)

− FEMP at http://energy.gov/eere/femp/energy-and-water-efficient-products.

− 23.204 Procurement exemptions.

− An agency is not required to procure an ENERGY STAR® or FEMP-designated product if the head of the agency determines in writing that-

− (a)

− No ENERGY STAR® or FEMP-designated product is reasonably available that meets the functional requirements of the agency; or

− (b)

− No ENERGY STAR® or FEMP-designated product is cost effective over the life of the product taking energy cost savings into account.

− 23.205 Energy-savings performance contracts.

− (a)

− Agencies should make maximum use of the authority provided in the National Energy Conservation Policy Act (42 U.S.C. 8287) to use an energy-savings performance contract (ESPC), when life-cycle cost-effective, to reduce energy use and cost in the agency’s facilities and operations.

− (b)

− (1)

− Under an ESPC, an agency can contract with an energy service company for a period not to exceed 25 years to improve energy efficiency in one or more agency facilities at no direct capital cost to the United States Treasury. The energy service company finances the capital costs of implementing energy conservation measures and receives, in return, a contractually determined share of the cost savings that result.

− (2)

− Except as provided in 10 CFR436.34, ESPC’s are subject to subpart 17.1.

− (c)

− To solicit and award an ESPC, the contracting officer-

− (1)

− Must use the procedures, selection method, and terms and conditions provided in 10 CFR Part 436, Subpart B; and

− (2)

− May use the "Qualified List" of energy service companies established by the Department of Energy and other agencies.

− (d)

− For more information see https://energy.gov/eere/femp/energy-savings-performance-contracts-federal-agencies.

− 23.206 Contract clause.

− Unless exempt pursuant to 23.204, insert the clause at 52.223-15, Energy Efficiency in Energy-Consuming Products, in solicitations and contracts when energy-consuming products listed in the ENERGY STAR® Program or FEMP will be-

− (a)

− Delivered;

− (b)

− Acquired by the contractor for use in performing services at a Federally-controlled facility;

− (c)

− Furnished by the contractor for use by the Government; or

− (d)

− Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

clause to reflect the domestic content threshold that will apply to

the entire period of performance for that contract; and

− (ii)Use the fill-in at 52.213-4(b)(1)(xvii)(B) instead of including 52.225-1 Alternate I when using 52.213-4, Terms and Conditions—Simplified Acquisitions

− (Other Than Commercial Products and Commercial Services).

+ (ii)Use the fill-in at

+ 52.213-4(b)(1)(xviii)(B) instead of including 52.225-1 Alternate I when using 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

− 28.203-6 Contract clause.

− Insert the clause at 52.228-11 in solicitations and contracts which require the submission of bid guarantees, performance, or payment bonds.

− 28.203-7 Exclusion of individual sureties.

− (a)

− An individual may be excluded from acting as a surety on bonds submitted by offerors on procurement by the executive branch of the Federal Government, by the acquiring agency’s head or designee utilizing the procedures in subpart 9.4. The exclusion shall be for the purpose of protecting the Government.

− (b)

− An individual may be excluded for any of the following causes:

− (1)

− Failure to fulfill the obligations under any bond.

− (2)

− Failure to disclose all bond obligations.

− (3)

− Misrepresentation of the value of available assets or outstanding liabilities.

− (4)

− Any false or misleading statement, signature or representation on a bond or affidavit of individual suretyship.

− (5)

− Any other cause affecting responsibility as a surety of such serious and compelling nature as may be determined to warrant exclusion.

− (c)

− An individual surety excluded pursuant to this subsection shall be entered as an exclusion in the System for Award Management (See 9.404.)

− (d)

− Contracting officers shall not accept the bonds of individual sureties whose names appear in an active exclusion record in the System for Award Management (see 9.404) unless the acquiring agency’s head or a designee states in writing the compelling reasons justifying acceptance.

− (e)

− An exclusion of an individual surety under this subsection will also preclude such party from acting as a contractor in accordance with subpart 9.4.

33.105 Protest at the U.S. Court of Federal Claims.

− Procedures for protests at the U.S. Court of Federal Claims are set forth in the rules of the U.S. Court of Federal Claims. The rules may be found at http://www.uscfc.uscourts.gov/rules-and-forms.

+ Procedures for protests at the U.S. Court of Federal Claims are set forth in the rules of the U.S. Court of Federal Claims. The rules may be found at https://www.uscfc.uscourts.gov/rules-forms.

Qualifications data. To be considered for architect-engineer contracts, a firm must file with the appropriate office or board the Standard Form 330, "Architect-Engineer Qualifications," Part II, and when applicable, SF 330, Part I.

(c)

− Data files and the classification of firms. Under the direction of the parent agency, offices or permanent evaluation boards shall maintain an architect-engineer qualifications data file. These offices or boards shall review the SF 330 filed, and shall classify each firm with respect to-

+ Data files and the classification of firms. Under the direction of the parent agency, offices or permanent evaluation boards shall maintain an architect-engineer qualifications data file. These offices or boards shall review the

+ SF 330 filed, and shall classify each firm with respect to-

(1)

Location;

− 40.201 Definitions.

+ 40.202 Definitions.

As used in this subpart-

American Security Drone Act-covered foreign entitymeans an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

− 40.202 Prohibition on the procurement and operation of unmanned aircraft systems manufactured or assembled by American Security Drone Act-covered foreign entities. s.

+ 40.203 Prohibition on the procurement and operation of unmanned aircraft systems manufactured or assembled by American Security Drone Act-covered foreign entities. s.

(a) Section 40.202 prescribes policies and procedures regarding the procurement and operation of unmanned aircraft systems, which includes unmanned aircraft (i.e., drones) and associated elements.

− (b) The authorities in 40.202 expire on December 22, 2028 (section 1833 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

+ (b) The authorities in 40.203 expire on December 22, 2028 (section 1833 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

− 40.202-1 Scope.

+ 40.203-1 Scope.

(a) Section 40.202 prescribes policies and procedures regarding the procurement and operation of unmanned aircraft systems, which includes unmanned aircraft (i.e., drones) and associated elements.

− (b) The authorities in 40.202 expire on December 22, 2028 (section 1833 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

+ (b) The authorities in 40.203 expire on December 22, 2028 (section 1833 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

− 40.202-2 Applicability.

+ 40.203-2 Applicability.

Section 40.202 applies to all acquisitions, including contracts at or below the micro-purchase threshold and to contracts for commercial products or for commercial services.

− 40.202-3 Prohibition.

− Unless an exemption, exception, or waiver applies (see 40.202-4, 40.202-5, and 40.202-6, respectively), executive agencies are prohibited from-

+ 40.203-3 Prohibition.

+ Unless an exemption, exception, or waiver applies (see 40.203-4, 40.203-5, and , respectively), executive agencies are prohibited from-

(a) Procuring a FASC-prohibited unmanned aircraft system (section 1823 and 1826 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.). The prohibition includes extending or renewing a contract (e.g., exercising an option);

(b) On or after December 22, 2025, procuring services for the operation of a FASC-prohibited unmanned aircraft system (section 1824 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.). The prohibition includes extending or renewing a contract (e.g., exercising an option); and

− 40.202-4 Exemptions.

− The prohibitions in 40.202 do not apply to the following (see sections 1823, 1824, and 1825 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.):

− (a) Department of Homeland Security, Department of Defense, Department of State, and the Department of Justice exemptions. The Secretary of Homeland Security, the Secretary of Defense, the Secretary of State, and the Attorney General are exempt from the prohibitions in 40.202 if the procurement or operation is required in the national interest of the United States and-

+ 40.203-4 Exemptions.

+ The prohibitions in 40.203 do not apply to the following (see sections 1823, 1824, and 1825 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.):

+ (a)

+ Department of Homeland Security, Department of Defense, Department of State, and the Department of Justice exemptions. The Secretary of Homeland Security, the Secretary of Defense, the Secretary of State, and the Attorney General are exempt from the prohibitions in 40.203 if the procurement or operation is required in the national interest of the United States and-

(1) Is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology;

(2) Is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or

(3) Is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, an American Security Drone Act-covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official, as described in agency procedures.

− (b) Department of Transportation exemption. The Secretary of Transportation is exempt from the prohibitions in 40.202 if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Air Space System or maintenance of public safety.

− (c) National Transportation Safety Board exemption. The National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the prohibitions, in 40.202 if the operation or procurement is necessary for the sole purpose of conducting safety investigations.

− (d) National Oceanic and Atmospheric Administration (NOAA) exemption. The Administrator of NOAA, in consultation with the Secretary of Homeland Security, is exempt from the prohibitions of 40.202, if the operation or procurement for the purposes of meeting NOAA’s science or management objectives or operational mission.

+ (b)

+ Department of Transportation exemption. The Secretary of Transportation is exempt from the prohibitions in 40.203 if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Air Space System or maintenance of public safety.

+ (c)

+ National Transportation Safety Board exemption. The National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the prohibitions, in 40.203 if the operation or procurement is necessary for the sole purpose of conducting safety investigations.

+ (d) National Oceanic and Atmospheric Administration (NOAA) exemption. The Administrator of NOAA, in consultation with the Secretary of Homeland Security, is exempt from the prohibitions of 40.203, if the operation or procurement for the purposes of meeting NOAA’s science or management objectives or operational mission.

− 40.202-5 Exceptions.

+ 40.203-5 Exceptions.

The prohibitions in this section do not apply to the following (section 1832 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.):

(a)

Wildfire management operations and search and rescue operations exception. The prohibitions in section 40.202 do not apply to an appropriate Federal agency to the extent that an authorized official at the agency, in consultation with the Secretary of Homeland Security, determines that the procurement or operation is necessary for the purposes of supporting the full range of wildfire management operations or search and rescue operations.

− (b) Intelligence activities exception. The prohibitions of 40.202 do not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), any authorized intelligence activities of the United States, or any activity or procurement that supports an authorized intelligence activity.

− (c) Tribal law enforcement or emergency service agency exception. The prohibitions in 40.202 do not apply to Tribal law enforcement or Tribal emergency service agencies to the extent that an authorized official at the agency, in consultation with the Secretary of Homeland Security, determines that the procurement or operation is necessary for the purposes of supporting the full range of law enforcement operations or search and rescue operations on Indian lands.

+ (b)

+ Intelligence activities exception. The prohibitions of 40.203 do not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), any authorized intelligence activities of the United States, or any activity or procurement that supports an authorized intelligence activity.

+ (c)

+ Tribal law enforcement or emergency service agency exception. The prohibitions in 40.203 do not apply to Tribal law enforcement or Tribal emergency service agencies to the extent that an authorized official at the agency, in consultation with the Secretary of Homeland Security, determines that the procurement or operation is necessary for the purposes of supporting the full range of law enforcement operations or search and rescue operations on Indian lands.

− 40.202-6 Waivers.

− The head of the agency may waive the prohibitions under 40.202 on a case-by-case basis in accordance with agency procedures and based on the statutory waiver provisions (sections 1823, 1824, and 1825 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.)—

+ 40.203-6 Waivers.

+ The head of the agency may waive the prohibitions under 40.203 on a case-by-case basis in accordance with agency procedures and based on the statutory waiver provisions (sections 1823, 1824, and 1825 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.)—

(a)With the approval of the Director of the Office of Management and Budget, after consultation with the FASC; and

(b)Upon notification to-

− 40.202-7 Procedures.

+ 40.203-7 Procedures.

(a)

Documenting exemptions, exceptions, or waivers. The contracting officer shall document the file with any exemption, exception, or waiver provided by the program office or requiring activity. Additionally, the contracting officer shall work with the program office or requiring activity to ensure the presence and scoping of any such exemptions, exceptions, or waivers are identified in the solicitation and resultant contract.

− 40.202-8 Contract clause.

+ 40.203-8 Contract clause.

Insert the clause at 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities, in all solicitations and contracts.

an untimely payment when determining whether the reduced or untimely

payment is justified; and

− (ii) Determine that a history of unjustified reduced or untimely payments has occurred when the contractor has reported three or more occasions of unjustified reduced or untimely payments under a single contract within a 12-month period (see 42.1503(h)(1)(vi) and the evaluation ratings in 42.1503 Procedures.). The following payment or nonpayment situations are not considered to be unjustified:

+ (ii) Determine that a history of unjustified reduced or untimely payments has occurred when the contractor has reported three or more occasions of unjustified reduced or untimely payments under a single contract within a 12-month period (see 42.1503(h)(1)(vi) and the evaluation ratings in Table 42-2). The following payment or nonpayment situations are not considered to be unjustified:

(A) There

is a contract dispute on performance.

(iv)

Management or business relations.

− (v) Small business subcontracting, including reduced or untimely payments to small business subcontractors when 19.702(a) requires a subcontracting plan (as applicable, see 42.1503 Procedures.).

+ (v) Small business subcontracting, including reduced or untimely payments to small business subcontractors when 19.702(a) requires a subcontracting plan (as applicable, see Table 42-2).

(vi)

Other (as applicable) (e.g., trafficking violations, tax delinquency, failure to report in accordance with contract terms and conditions, defective cost or pricing data, terminations, suspension and debarments, and failure to comply with limitations on subcontracting).

(3)

Evaluation factors may include subfactors.

− (4) Each factor and subfactor used shall be evaluated and a supporting narrative provided. Each evaluation factor, as listed in paragraph (b)(2) of this section, shall be rated in accordance with a five scale rating system (i.e., exceptional, very good, satisfactory, marginal, and unsatisfactory). The ratings and narratives must reflect the definitions in the tables 42.1503 Procedures. or 42.1503 Procedures. of this section.

+ (4) Each factor and subfactor used shall be evaluated and a supporting narrative provided. Each evaluation factor, as listed in paragraph (b)(2) of this section, shall be rated in accordance with a five scale rating system (i.e., exceptional, very good, satisfactory, marginal, and unsatisfactory). The ratings and narratives must reflect the definitions in the tables Table 42-1 or Table 42-2 of this section.

(c)

(1)

Agencies shall place with small business concerns purchases and contracts for transportation and transportation-related services as prescribed in part 19.

(g)

− Agencies shall comply with the Fly America Act, the Cargo Preference Act, and related statutes as prescribed in subparts 47.4, Air Transportation by U.S.-Flag Carriers, and 47.5, Ocean Transportation by U.S.-Flag Vessels.

+ Agencies shall comply with the requirements for Government-financed air transportation (commonly referred to as the Fly America Act), the Cargo Preference Act, and related statutes as prescribed in subparts 47.4, Air Transportation by U.S.-Flag Carriers, and 47.5, Ocean Transportation by U.S.-Flag Vessels.

(h)

When a contract specifies delivery of supplies f.o.b. origin with transportation costs to be paid by the Government, the contractor shall make shipments on bills of lading, or on other shipping documents prescribed by Military Surface Deployment and Distribution Command (SDDC) in the case of seavan containers, either at the direction of or furnished by the CAO or the appropriate agency transportation office.

+ 47.400

+ Scope of subpart.

+ This subpart prescribes policies and procedures for implementing 49 U.S.C. 40118, Government-financed air transportation, commonly referred to as the Fly America Act.

United States means the 50 States, the

District of Columbia, and outlying areas of the United States.

− U.S.-flag

− air carrier means an air carrier holding a certificate under

− section 401 of the Federal Aviation Act of1958 (49 U.S.C. 41102).

+ U.S.-flag air carrier

+ means an entity granted authority to provide air transportation in the form of a certificate of public convenience and necessity under (49 U.S.C. 41102).

47.402 Policy.

− Federal employees and their dependents, consultants, contractors, grantees, and others must use U.S.-flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, if available (Section5 of the International Air Transportation Fair Competitive Practices Act of1974 (49 U.S.C. 40118) (Fly America Act)).

+ Federal employees and their dependents, consultants, contractors, grantees, and others must use U.S.-flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, if available (49 U.S.C. 40118, Government-financed air transportation, commonly referred to as the Fly America Act).

− 47.405 Contract clause.

− The contracting officer shall insert

− the clause at 52.247-63,

− Preference for U.S.-Flag Air Carriers, in solicitations and contracts whenever

− it is possible that U.S. Government-financed international air transportation

− of personnel (and their personal effects) or property will occur

− in the performance of the contract. This clause does not apply to

− contracts awarded using the simplified acquisition procedures in part 13 or contracts

− for commercial products (see part 12).

+ 47.405

+ Contract clauses.

+ (a)

+ The contracting officer shall insert the clause at 52.247-63, Preference for U.S.-Flag Air Carriers, in solicitations and contracts whenever it is possible that U.S. Government-financed international air transportation of personnel (and their personal effects) or property will occur in the performance of the contract. This clause does not apply to contracts awarded using the simplified acquisition procedures in part 13 or contracts for commercial products (see part 12).

+ (b)

+ The contracting officer shall insert the clause at 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking, in solicitations and contracts with a U.S.-flag air carrier for the transportation by air of passengers. This clause is not applicable to solicitations issued or contracts awarded—

+ (1)

+ By the Department of Defense; or

+ (2)

+ For commercial products.

The following letter notice of termination is suggested for use if a contract for supplies is being terminated for convenience. With appropriate modifications, it may be used in terminating contracts for other than supplies and in terminating subcontracts. This notice shall be sent by certified mail, return receipt requested, or electronically, provided evidence of receipt is received by the contracting officer. If no prior electronic notice was issued, or if no confirmation of an electronic notice was received, use the alternate notice that follows this notice.

Notice of Termination to Prime Contractors

− [At the top of the notice, set out all special details relating to the particular termination; e.g.,name and address of company, contract number of terminated contract, line items, etc.]

+ [At the top of the notice, set out all special details relating to the particular termination; e.g.,name and address of company, contract number of terminated contract,

+ line items, etc.]

(a) Effective date of termination. This confirms the Government’s electronic notice to you dated _____________, 20_____, terminating _____________ [insert "completely" or "in part"] Contract No._________ (referred to as "the contract") for the Government’s convenience under the clause entitled ___________ [insert title of appropriate termination clause]. The termination is effective on the date and in the manner stated in the electronic notice.

(b) Cessation of work and notification to immediate subcontractors. You shall take the following steps:

52.204-2 Security Requirements.

− As prescribed

− in

− 4.404(a), insert

− the following clause:

+ As prescribed in

+ 4.404(a), insert the following clause:

Security Requirements (Mar 2021)

(a) This

4.1202(a), insert the following

provision:

− Annual Representations and Certifications (May 2024)

+ Annual Representations and Certifications (Jan 2025)

(a)

(1)

As prescribed in

12.301(b)(4), insert the following clause:

− Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Nov 2024)

+ Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2025)

(a)

The

13.302-5(d), insert

the following clause:

− Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Nov 2024)

+ Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Jan 2025)

(a)

The

an exception from the requirement to submit certified cost or pricing

data, the following applies:

− (1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

+ (1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in 15.408 Solicitation provisions and contract clauses. of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in 15.408 Solicitation provisions and contract clauses. are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon

as practicable after agreement on price, but before contract award

granted an exception from the requirement to submit certified cost

or pricing data, the following applies:

− (1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

+ (1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in 15.408 Solicitation provisions and contract clauses. of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in 15.408 Solicitation provisions and contract clauses. are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon

as practicable after agreement on price, but before award (except

Reverse Auction

As prescribed in

− 17.806(a), insert the following provision:

+ 17.805(a), insert the following provision:

Reverse Auction (Aug 2024)

(a)

Reverse Auction—Orders.

As prescribed in

− 17.806(b), insert the following clause:

+ 17.805(b), insert the following clause:

Reverse Auction—Orders (Aug 2024)

(a)

Reverse Auction Services.

As prescribed in

− 17.806(c), insert the following clause:

+ 17.805(c), insert the following clause:

Reverse Auction Services (Aug 2024)

(a)

(End of clause)

Alternate I [Reserved]

− Alternate II (Dec 2022). As prescribed in

+ Alternate II (Jan 2025). As prescribed in

25.1101

− (b)(1)(ii),

− substitute the following paragraph (c) for paragraph (c) of the

− basic clause:

− (c) Delivery of end products. 41 U.S.C. chapter 83 provides a preference

− for domestic end products for supplies acquired for use in the

− United States. In accordance with 41 U.S.C. 1907, the domestic content test of

− the Buy American statute is waived for an end product that is a COTS

− item (see 12.505(a)(1)), except that for an end product that

− consists wholly or predominantly of iron or steel or a combination

− of both, the domestic content test is applied only to the iron and

− steel content of the end product, excluding COTS fasteners. In

− addition, the Contracting Officer has determined that the Israeli

− Trade Act applies to this acquisition. Unless otherwise specified,

− this trade agreement applies to all items in the Schedule. The

− Contractor shall deliver under this contract only domestic end

− products except to the extent that, in its offer, it specified

− delivery of foreign end products in the provision entitled “Buy

− American—Free Trade Agreements—Israeli Trade Act.” If the Contractor

− specified in its offer that the Contractor would supply an Israeli

− end product, then the Contractor shall supply an Israeli end product

− or, at the Contractor's option, a domestic end product.

+ (b)(1)(ii), substitute the following paragraph (c) for paragraph (c) of the basic clause:

+ (c) Delivery of end products. 41 U.S.C. chapter 83 provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners. In addition, the Contracting Officer has determined that the Israeli Trade Act applies to this acquisition. Unless otherwise specified, this trade agreement applies to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled “Buy American—Free Trade Agreements—Israeli Trade Act Certificate.” If the Contractor specified in its offer that the Contractor would supply an Israeli end product, then the Contractor shall supply an Israeli end product or, at the Contractor's option, a domestic end product.

Alternate III

(Feb

(End of provision)

Alternate I [Reserved]

− Alternate II (Dec 2022). As prescribed in

+ Alternate II (Jan 2025). As prescribed in

25.1101

(b)(2)(ii), substitute the following paragraph (b) for paragraph (b) of the basic provision:

− (b) 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—Balance of Payments Program”:

+ (b) 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:

Line Item No.

52.225-18 Place of Manufacture.

− As prescribed

− in

+ As prescribed in

25.1101

− (f), insert

− the following solicitation provision:

+ (f), insert the following provision:

Place of Manufacture (Aug 2018)

(a)

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

− As prescribed in 40.202-8 , insert the following clause:

+ As prescribed in

+ 40.203-8

+ , insert the following clause:

Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024)

− (a) Definitions. As used in this clause—

+ (a)

+ Definitions. As used in this clause—

American Security Drone Act-covered foreign entitymeans an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

FASC-prohibited unmanned aircraft systemmeans an unmanned aircraft system manufactured or assembled by an American Security Drone Act-covered foreign entity.

Unmanned aircraftmeans an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft systemmeans an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

− (b) Prohibition. The Contractor is prohibited from—

+ (b)

+ Prohibition. The Contractor is prohibited from—

(1) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.);

(2) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.); and

(3) On or after December 22, 2025, using Federal funds for the procurement or operation of a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

− (c) Procedures. The Contractor shall search SAM at https://www.sam.gov for the FASC-maintained list of American Security Drone Act-covered foreign entities prior to proposing, or using in performance of the contract, any unmanned aircraft system. Additionally, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

− (d) Exemptions, exceptions, and waivers. The prohibitions in this clause do not apply where the agency has determined an exemption, exception, or waiver applies and the contract indicates that such a determination has been made. [See sections 1823 through 1825 and 1832 of Public Law 118-31 (41 U.S.C. 3901 note prec.) for statutory requirements pertaining to exemptions, exceptions, and waivers.].

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

+ (c)

+ Procedures. The Contractor shall search SAM at https://www.sam.gov for the FASC-maintained list of American Security Drone Act-covered foreign entities prior to proposing, or using in performance of the contract, any unmanned aircraft system. Additionally, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

+ (d)

+ Exemptions, exceptions, and waivers. The prohibitions in this clause do not apply where the agency has determined an exemption, exception, or waiver applies and the contract indicates that such a determination has been made. [See sections 1823 through 1825 and 1832 of Public Law 118-31 (41 U.S.C. 3901 note prec.) for statutory requirements pertaining to exemptions, exceptions, and waivers.].

+ (e)

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

(End of clause)

52.247-63 Preference for U.S.-Flag Air Carriers.

As prescribed in

− 47.405

− , insert the following clause:

− Preference for U.S.-Flag Air Carriers (June 2003)

+ 47.405(a) ,

+ insert the following clause:

+ Preference for U.S.-Flag Air Carriers (Jan 2025)

(a)

Definitions. As used in this clause-

"International air transportation" means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.

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

− "U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C.Chapter411.

+ U.S.-flag air carrier

+ means an entity granted authority to provide air transportation in the form of a certificate of public convenience and necessity under 49 U.S.C. 41102.

(b)

− Section 5 of the International Air Transportation Fair Competitive Practices Act of1974 (49 U.S.C. 40118) (Fly America Act) requires that all Federal agencies and Government contractors and subcontractors use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.

+ U.S. Government-financed international air transportation.

+ 49 U.S.C. 40118, Government-financed air transportation (commonly referred to as the Fly America Act), requires that all Federal agencies and Government contractors and subcontractors use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the General Services Administration to issue regulations that, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.

(c)

+ Use of U.S.-flag carriers for international air transportation.

If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.

(d)

+ Statement of unavailability of U.S.-flag air carriers.

+ Use of U.S.-flag carriers for international air transportation.

In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:

Statement of Unavailability of U.S.-Flag Air Carriers

+ 52.247-69

+ Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking.

+ As prescribed in

+ 47.405(b), insert the following clause:

+ Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking. (Jan 2025)

+ (a)

+ Definitions. As used in this clause—

+ Human trafficking means “Severe forms of trafficking in persons” or “Sex trafficking.”

+ Severe forms of trafficking in persons means—

+ (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

+ (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

+ Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

+ (b)

+ Annual reporting requirement.

+ (1) In accordance with 49 U.S.C. 40118(g), the Contractor shall provide the annual report described in paragraph (b)(2) of this clause by October 30th, via email, to the following agencies:

+ (i) General Services Administration: TraffickingPreventionReport@gsa.gov;

+ (ii) U.S. Department of Transportation: trafficking@dot.gov;

+ (iii) Department of Labor: AirCarrier-HTreports@dol.gov;

+ (iv) Transportation Security Administration: ics-cchtfams@tsa.dhs.gov;

+ (v) U.S. Customs and Border Protection: CLP@cbp.dhs.gov; and

+ (vi) DHS Center for Countering Human Trafficking: Info@CCHT.dhs.gov.

+ (2) The annual report shall include information from the preceding Government fiscal year (October 1 through September 30) regarding—

+ (i) The number of personnel trained in the detection and reporting of potential human trafficking, including the training required under 49 U.S.C. 44734(a)(4);

+ (ii) The number of notifications of potential human trafficking victims received from staff or other passengers; and

+ (iii)

+ (A)Whether the Contractor notified the Global Human Trafficking Hotline, another comparable hotline, or law enforcement at the relevant airport of the potential human trafficking victim for each such notification of potential human trafficking; and

+ (B) If the Contractor made a notification, the date the notification was made and the method of notification (e.g., text to Hotline, call to law enforcement).

+ (c)

+ Training. In accordance with 49 U.S.C. 44734 and 44738, personnel trained in the detection and reporting of potential human trafficking should include the following:

+ (1) Flight attendants;

+ (2) Ticket counter agents;

+ (3) Gate agents; and

+ (4) Other air carrier workers whose jobs require regular interaction with passengers.

+ (End of clause)

− 52.301-1 FAR Matrix

− https://www.acquisition.gov/far-smart-matrix