B09-Questions_and_Responses_0001.pdf

Questions and Responses 140M0126Q0024

1. Would the Government consider a primarily remote execution model, with periodic on-site visits as needed to support collaboration, data integration activities, and key milestones?

Response: No. In accordance with Section 3.2 Place of Performance, performance must take place at the BOEM Alaska Facility, 3801 CenterPoint Drive, Anchorage, AK 99503. However, the Project Manager and Alternate may perform work remotely. All other positions must perform in person at the BOEM Alaska Facility.

2. Is there an incumbent or is this a brand-new project? If yes, could you please provide us with their award number or even if the customer bought similar services in the past?

Response: No, this is a new requirement.

3. Is there any sort of range in terms of budget?

Response: In accordance with Section 1.3 Authorized Billing Rates, BOEM estimates 1940 hours for the Geoscience Data Specialist and 1940 hours for the Interpretation Geophysicist and Workflow Analyst. However, Quoters may quote the level of effort they deem appropriate to meet the requirement. BOEM is unable to share other budget information at this time.

4. Pricing table labor categories (Section 1.3): The rate table lists three labor categories —

"Project Matter," "Geoscience Data Specialist," and "Interpretation Geophysicist." The PWS narrative and Section 3.6.1 reference "Project Manager and Alternate" and "Interpretation Geophysicist and Workflow Analyst." Please confirm: (a) Should the first row read "Project Manager" rather than "Project Matter"? (b) Should the third row read "Interpretation Geophysicist and Workflow Analyst"? (c) What estimated level of effort should be assumed for the Project Manager, given Section 1.3 estimates 1,940 hours each for the other two categories but provides no PM estimate? (d) Are additional labor categories (e.g., business analyst, automation engineer, data engineer, SME) permitted in the quotation?

Response: In accordance with Section 1.3, the rates in the table are for illustrative purposes only and will change based upon the labor categories quoted. In accordance with Section 3.6, Project Manager and Alternate, Geoscience Data Specialist, and Interpretation Geophysicist and Workflow Analyst are considered Key by the Government. Additional labor categories may be quoted as deemed appropriate. There is no assumed level of effort for the Project Manager and Alternate provided.

5. Project Manager qualifications (Section 3.6.1): The PM and Alternate requirements specify

"24 semester hours in mathematical, engineering, and/or quantitative analysis courses; 15 or more years cost analysis experience; and familiarity with Defense Department Data Sources (e.g. cost and software data reporting, EVM)." These qualifications appear derived from a DoD cost-estimating requirement and do not align with a geoscience data management PWS. Please confirm whether these are the intended qualifications or whether project management and geoscience/data management equivalents are acceptable. Is familiarity with EVM and DoD cost reporting actually required?

Response: Contractors should be familiar with concepts within EVM philosophy. These include, but are not limited to, objectively measuring work progress; reflecting achievement of program objects within budget, on schedule, and within technical parameters, relating time-phased budgets to the corresponding scope of work; and is timely, accurate, reliable, and auditable. Contractors should also submit data using standardized templates (cost and hour report).

6. Task 2 funding and resourcing: Section 2.4 describes both Task 1 and Task 2, but Section

1.2 contains only one CLIN (00010). (a) Is Task 2 included within the single FFP CLIN, or funded separately? (b) Section 2.4.2 references "additional data specialist resources" required under Task 2; does the Government anticipate multiple Geoscience Data Specialists, and if so, at what level of effort beyond the 1,940 hours? (c) Are Tasks 1 and 2 expected to run concurrently for the full period of performance?

Response: Pricing for all work should be included under FFP CLIN 00010. BOEM anticipates one Geoscience Data Specialist and one Interpretation Geophysicist and Workflow Analyst.

Tasks 1 and 2 will run concurrently. The projects listed were to be used as possible priorities for work and are not expected to be completed within contract period of performance.

7. Level of effort comparability: Section 1.3 estimates 1,940 hours per key labor category but states that Quoters may propose the level of effort they deem appropriate. Will quotes with substantially different LOE assumptions be evaluated comparably, or is the 1,940-hour estimate effectively a floor?

Response: BOEM provided the estimate as a guideline. In accordance with Section 1.3, Quoters may quote the level of effort they deem appropriate to meet the requirement.

8. Hybrid delivery model: Section 3.2 designates the BOEM Alaska facility in Anchorage as the place of performance, while Section 2.3 describes a fully Azure-hosted environment with cloud-based VMs for interpretation. Will the Government accept a hybrid delivery model in which the Geoscience Data Specialist and Project Manager (or Alternate) are on-site in Anchorage, while the Interpretation Geophysicist, workflow developers, automation engineers, and database engineers perform remotely from CONUS with secure access to the Azure environment? If yes, what is the minimum required on-site headcount and frequency?

Response: In accordance with Section 3.2 Place of Performance, performance must take place at the BOEM Alaska Facility, 3801 CenterPoint Drive, Anchorage, AK 99503. However, the Project Manager and Alternate may perform work remotely. All other positions must perform in person at the BOEM Alaska Facility.

9. Time-zone coverage: Section 3.6.1 requires the PM to be available 9:00 AM–4:00 PM AKST. Are remote CONUS personnel held to the same window, or may they work local hours provided coverage overlaps with BOEM Alaska business hours?

Response: In accordance with Section 3.6.1, the Project Manager must be available 9:00AM to 4:00PM AKST, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons.

10. Travel: If on-site presence is required, is travel reimbursable as a separate cost (e.g., a separate ODC CLIN), or must travel be included within the FFP labor rates?

Response: No travel is anticipated for this requirement. In accordance with Section 3.2 Place of Performance, performance must take place at the BOEM Alaska Facility, 3801 CenterPoint Drive, Anchorage, AK 99503. However, the Project Manager and Alternate may perform work remotely. All other positions must perform in person at the BOEM Alaska Facility.

11. Azure environment classification: Which Azure region(s) host BOEM's working and archive storage — Azure Government (US Gov Virginia/Arizona) or Azure Commercial?

What is the FedRAMP authorization boundary — Moderate or High? This drives the entire compliance stack, and determines which managed services are usable.

Response: BOEM AK is located on Azure Gov West, though other BOEM regions are hosted in other corresponding Azure regions. BOEM requires FEDRAMP FISMA Moderate.

12. Tenant and subscription model: Does the contractor operate inside a BOEM-owned Azure tenant/subscription, or stand up its own subscription that interconnects? What Azure services are currently provisioned and available to the contractor (e.g., Data Lake, Synapse, Data Factory, Databricks, Functions, AKS, DevOps)?

Response: The Contractor will work within BOEM-owned Azure subscription, which is an infrastructure as a service. There is premium storage, office files, and Azure virtual machines.

BOEM manages the software and data on the infrastructure.

13. Data egress and AI services: (a) May contractor personnel download datasets for local processing, or must all compute remain within the BOEM Azure boundary? (b) Are Azure OpenAI Service and Azure AI Foundry available within the BOEM tenant, and at what authorization level? (c) Are commercial AI APIs outside the BOEM Azure boundary (e.g., OpenAI, Anthropic, Google) permitted for any non-sensitive processing tasks?

Response: (a) All data must remain within government network, either on-prem or in Azure;

(b) Not for this effort; (c) No

14. Software licenses (Section 3.16): Section 3.16 indicates technical data and software licenses will be provided by the Government on an as-needed basis. Will the Government furnish all licenses for Kingdom suite (2D/3DPAK, EarthPAK, VuPAK, KDM), ArcGIS Pro, SonarWiz, SLB Petrel, SQL Server Management Studio, QGIS, Seisee, and Microsoft

Office 365, or is the contractor expected to furnish any of these? Are floating/concurrent license seats available for remote contractor personnel?

Response: In accordance with Section 3.16, the Government will provide all licenses on an as needed basis. In accordance with Section 3.2 Place of Performance, performance must take place at the BOEM Alaska Facility, 3801 CenterPoint Drive, Anchorage, AK 99503. However, the Project Manager and Alternate may perform work remotely. All other positions must perform in person at the BOEM Alaska Facility.

15. Government-furnished hardware: Section 3.16 states hardware/laptops will be furnished by the Government "if needed." Will GFE laptops be provided for all contractor personnel performing work under this PO, or only for personnel requiring direct BOEM system access? If the contractor must provide its own hardware, what specifications are required to access the Azure-hosted VMs?

Response: GFE’s will be provided for Contractors performing work within BOEM systems/software. The Project Manager/Alternate may use their own equipment as long as no government sensitive information/data is required.

16. Data inventory baseline: The PWS references approximately 250 TB of data. (a) What is the breakdown by data type (seismic SEG-Y, well logs, GIS rasters/vectors, sidescan sonar, scanned paper records, etc.)? (b) How much currently resides in the Azure environment vs.

shared drives, SharePoint, or physical media requiring migration? (c) What is the estimated volume of un-digitized physical records requiring scanning/digitization under Section 2.5.1, and is OCR/handwriting recognition tooling already in place?

Response: BOEM does not expect all data to be migrated/digitized within contract period but listed the above as an example of work that may be prioritized to support various projects. This requirement is for labor support via data management and geophysical interpretation, not a technological effort.

17. Legacy data condition and schedule/LOE risk (Sections 2.5.1 and 3.1): Section 2.5.1 requires scanning, digitizing, and transforming legacy and physical records into delivery-ready formats, but the condition and volume of that data is not characterized, and the period of performance in Section 3.1 is fixed at one year with no options. The effort to digitize and quality-control non-digitized geologic records — likely requiring human-in-the-loop workflows not expressly described in the PWS — may exceed what can be completed in one year at the estimated effort level. (a) Can the Government characterize the legacy/physical data baseline (approximate volume, media types, condition, and proportion already reconciled)? (b) If the effort exceeds the estimate, what mechanism does the Government prefer — additional hours/personnel, a PoP extension or option, or re-prioritization of deliverables dependent on legacy data?

listed the above as an example of work that may be prioritized to support various projects. This requirement is for labor support via data management and geophysical interpretation, not a technological effort.

18. GGDLTK current state: What is the current state of the Geologic and Geophysical Data

LifeCycle Toolkit? Is it a SharePoint list, custom PowerApp, SQL database, or third-party tool? What is the expected interface for the "Updated GGDLK" deliverable in Section 2.6.5? Note: the solicitation uses three different acronyms (GGDLK, GGDLT, GGDLTK)

— please confirm the correct designation.

Response: BOEM has used the acronyms interchangeably over time. This is a SQL database with a custom python user interface, currently in a state of QC.

19. Kingdom Data Management backend: What is the current KDM database backend (SQL

Server version, edition, hosting)? Are schema documentation and ERDs available to Quoters? Are there existing integrations between Kingdom KDM and ArcGIS (Python toolboxes, FME workflows, custom connectors), and will those be documented/handed over?

Response: There are no existing integrations. Kingdom database backend is SQL Server 2022 Enterprise. Schema documentation is not currently available but is not customized.

20. Metadata catalog platform: The PWS references DCAT, FGDC CSDGM, and ISO 191xx metadata standards but does not name a catalog platform. What is the current/intended metadata catalog (e.g., Microsoft Purview, custom DCAT implementation, other)?

Response: This is dependent on data type and will be specified as projects require.

21. Incumbent and transition: Is there an incumbent contractor performing similar work? If so, will there be a transition-in period? What is the disposition of work products at the end of the period of performance (handover to follow-on contractor, transition to BOEM staff, archive)?

Response: This is a new requirement.

22. AI/ML in scope: Will the Government consider proposals that include AI/ML components for: (a) automated metadata extraction from scanned documents; (b) seismic data QC and anomaly detection; (c) automated dataset classification and tagging; (d) natural-language search across the geoscience catalog; (e) workflow recommendation? Is there an existing AI governance framework at BOEM (model cards, bias testing, explainability) that contractor-developed models must comply with?

Response: There is an existing AI governance framework and policy in place. The expectation of this contract is a labor support data management effort, not a technology effort.

23. Intellectual property and data rights: Does the Government anticipate AI/automation components becoming Government-owned IP at the end of the contract under FAR 52.227-

14 (Rights in Data – General), or are limited-rights/restricted-rights data rights negotiable for contractor-developed components?

Response: This requirement is primarily for labor support services. In accordance with FAR 52.227-14, Rights in Data—General, the Government generally obtains unlimited rights in data first produced in the performance of the contract, unless otherwise provided by the contract.

24. Development tooling and ATO: (a) Does BOEM have an authorized source code repository

(GitHub Enterprise, Azure DevOps, GitLab) where contractor-developed scripts and automation must reside? (b) Are containerized workloads (Docker, AKS) and Infrastructure-as-Code (Terraform, Bicep, ARM) permitted? (c) Will contractor-developed automation/AI components require their own ATO, or will they inherit the BOEM system

ATO?

Response: (a) BOEM does not have an authorized source code repository; (b) and (c) Effort is expected to be a labor effort supporting data management workflows, not a technological effort

25. Milestone payment structure: Section 1.4 lists only three milestone payments tied to deliverables due at 270, 270, and 330 days after award. Given a 12-month PoP, this requires the contractor to carry approximately nine months of labor costs before the first payment.

(a) Will the Government consider adding earlier interim milestones (e.g., upon acceptance of the Quality Control Plan at 30 days, or the Master Lease-Area Kingdom at 210 days)?

(b) Are progress payments (e.g., monthly) permitted under this FFP purchase order? (c) Is the 180-day Workflow Documentation deliverable (Section 2.6.7) intended to be a payment milestone, and if not, why is it excluded from Section 1.4?

Response: The table in Section 1.4 is included for illustrative purposes only. Quoters shall include a proposed Partial Delivery Payment Schedule in their Price Volume with milestones/payments they deem appropriate.

26. Partial-completion invoicing: May the contractor invoice for partial completion of a milestone deliverable, or only upon full Government acceptance? What are the expected net payment terms?

Response: In accordance with Section 1.4, Quoters shall include a proposed Partial Delivery Payment Schedule in their Price Volume with milestones/payments they deem appropriate.

Payment will be made upon full Government acceptance of each milestone.

27. EOD and clearance timeline: Section 3.14(a) requires all contractor employees to obtain

EOD approval before performing work, and requires 3 years of U.S. residency. (a) Will Key Personnel be expected to start performance only after EOD approval, or may they begin remote/preparatory work prior to EOD issuance? (b) What is the risk/sensitivity designation for each labor category, and which level of background investigation is required for on-site personnel, remote personnel with Azure read access, and remote personnel with Azure write/admin access? (c) Will the Government issue DOI Access

Cards to remote personnel, or is there a separate credentialing path for non-resident contractor staff?

Project Manager and Alternate may perform work remotely. All other positions must perform in person at the BOEM Alaska Facility. Contractor employees must receive EOD approval before beginning performance. Background level of investigation is Public Trust.

28. Key Personnel commitment: Section 3.6.2 lists Key Personnel as "TO BE COMPLETED

AT TIME OF AWARD," but Section 3.6.1 requires the quote to name them. Please confirm that the named Key Personnel in the quote become the contractually-bound Key Personnel post-award, subject to the substitution provisions in Section 3.6.3.

Response: Quoted Key Personnel will be included in Section 3.6.2 at time of award.

29. Relative importance of evaluation factors: Section 5.1 establishes a best-value tradeoff but

Section 5.2 does not specify the relative weights of Technical Capability and Experience, Past Performance, and Price. (a) Are the non-price factors, when combined, more important than, equal to, or less important than price? (b) Within Technical Capability, is personnel experience weighted higher than corporate experience, or vice versa?

Response: RFO 12.201-1 is being utilized for this procurement, not FAR 15. Please refer to Section 5 Evaluation of Quotations for basis for award and evaluation factors.

30. Past Performance Reference Form: Section 4.6.2 references "Attachment 2, Past

Performance Reference Form," but Section 6 of the RFQ lists only Attachment 1 (Non- Disclosure Agreement). No Past Performance Reference Form is included. Will the Government provide the form, or may Quoters submit past performance in their own format? Will commercial contracts of similar size, scope, and complexity be considered?

Will subcontractor or teaming partner's past performance be accepted?

Response: Past Performance Reference Form is included as an attachment. In accordance with Section 4.6.2, the Quoter shall provide information for two (2) previous Government contracts its performed recently (in-progress or completed within the last three (3) years) that are relevant to stated requirements of this RFQ. Relevant past performance is performance which is similar in terms of size, scope, and complexity to the stated requirements of this RFQ.

31. Subcontracting under the small business set-aside: Are subcontractor and teaming arrangements with non-small-business entities permitted under FAR 52.219-6, provided the prime self-performs the required percentage of work? What is the small business participation threshold the prime must self-perform under this NAICS 541690 set-aside?

Response: Yes, subcontracting and teaming arrangements with non-small-business entities are permitted under a small business set-aside, provided the small business prime contractor complies with the applicable Limitations on Subcontracting requirements set forth in FAR

52.219-14 and 13 C.F.R. § 125.6. For a services contract under NAICS 541690 (Other Scientific and Technical Consulting Services), the prime contractor may not pay more than 50% of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Accordingly, at least 50% of the contract performance amount must be performed by the prime contractor and/or similarly situated small-business subcontractors. Therefore, teaming with a non-small-business entity is permissible, provided the small business prime ensures that payments to non-similarly situated subcontractors do not exceed the applicable 50% limitation on subcontracting.

32. Period of performance options: Section 3.1 establishes a one-year PoP with dates "TBD at time of award." Does the Government anticipate any option years or follow-on requirements, or is this strictly a one-year, no-option purchase order? What is the anticipated award date?

Response: The anticipated period of performance is one year. Award is anticipated in August 2026 or September 2026. An exact award date cannot be determined at this time.

33. Deviation clauses: Section 3.20.1 and Section 4.1 list multiple deviation clauses (FAR

52.222-90 DEI Discrimination (April 2026), FAR 52.240-90/91 Security Prohibitions and Exclusions (March 2026), FAR 52.212-4 (Deviation) March 2026, others). Will the full text of these deviation clauses be provided, since they are not standard FAR clauses available at acquisition.gov?

Response: RFO clause deviations may be found here: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-5. Please see below:

52.222-90 Addressing DEI Discrimination by Federal Contractors

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-5 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-5

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

52.240-90 Security Prohibitions and Exclusions Representations and Certifications

(a) Definitions. As used in this provision-— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” 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 (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

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

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA 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 (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer— https://www.sam.gov/

(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 (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act.

These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 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 (50 U.S.C.

1701 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)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx mailto:CISADA106@state.gov

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

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

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

52.240-91 Security Prohibitions and Exclusions

(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes 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.).

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

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

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.

https://dibnet.dod.mil/

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

Covered telecommunications equipment or services means—

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

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

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

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

Critical technology means—

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

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

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

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

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

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

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

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

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

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding 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 that apply 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 that apply 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 that apply 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.

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

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

(i) Of that equipment; or

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

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

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

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.

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

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

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.

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

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.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

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

Unmanned aircraft means 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 system means 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) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

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

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

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub.

L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

(ii) 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); and

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, 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.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of 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 for statutory requirements pertaining to exemptions, exceptions, and waivers.

(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.

(1) Certain telecommunications and video surveillance equipment, systems, or services.

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.