2.2.1 Solicitation 70FB7026R00000026.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

70FB7026R00000026

FEMA SELMA MHSS

661 SELFIELD ROAD

SELMA AL 36703

FEMA-INCIDENT SUPPORT SECTION

FEDERAL EMERGENCY MANAGEMENT AGENCY

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472

09/07/2026 1200 ET

Danielle Sweetney

70FB70 100.00

333120

08/06/2026

FEMA SELMA MHSS

The purpose of this solicitation is to procure

New Tractors with support attachments in accordance with the Statement of Work

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

Specifications in order to safely maintain and maneuver inventory at FEMA Facilities.

Delivery: 90 Days After Award

0001 4 EATractor (with attachments)

Product/Service Code: 2420

Product/Service Description: TRACTORS, WHEELED

0002 4 EAFront Loader

Product/Service Code: 2420

Product/Service Description: TRACTORS, WHEELED

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Contact Type and Federal Supply Schedule 1

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in RFO 2

Part 12, as supplemented with additional information included in thus notice. This announcement constitutes 3 the only solicitation; proposals are being requested. 4

The Federal Emergency Management Agency (FEMA) is issuing a Request for Proposal (RFP) under the RFO 6

Part 12 Acquisition of Commercial Products and Commercial Services. The solicitation documents and 7 incorporated provisions and clauses are those in effect through the Federal Acquisition Regulation. The 8

Government anticipated awarding a Firm Fixed Price (FFP) Purchase Order to the contractor that demonstrates 9 best value to the Government. 10

SECTION B: REQUIREMENT 12

FEMA Logistics Management Directorate is seeking to procure four (4) Tractors with attachments and four 14

(4) Front Loaders for Selma MHSS. 15

B.1 Description 17

See Attachment I – Statement of Work (SOW) 19

B.2 Period of Performance 21

The Period of Performance will be ninety (90) days from date of award. 23

B.3 Place of Performance 25

Delivery destination will be FEMA Selma THSS 27

661 Selfield RD 29

Selma, AL 36706 30

Hours of Performance: The contractor shall schedule all delivery activities with the Contracting Officer’s 32

Representative (COR), Facility supervisors, and FEMA Transportation after award. 33

Point of Contact: Government POC shall be provided upon contract award. 35

In case of inclement weather not permitting arrival of participants, the Government reserves the right to make 36 one adjustment to the period of performance with advanced notice. 37

All referenced RFO and HSAR provisions and clauses may be accessed electronically at 39 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide 40

B.4 Release of Information 42

The contractor shall comply with the Department of Homeland Security’s (DHS) technical, management, and 44 operational security controls to ensure that the Government’s security requirements are met. DHS 4300A 45 policy guide will be used for Sensitive Systems and DHS 4300B policy guide will be used for National 46

Security Systems. 47 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

All information relating to the items to be delivered or services to be performed under this contract may not 49 be disclosed by any means without prior approval of the Contracting Officer. 50

Dissemination of public disclosures includes but is not limited to: permitting access of such information by 52 foreign national or by any other person, entity, and publication of technical or scientific papers, advertising, 53 or any other proposed public release. The contractor shall provide adequate physical protection to such 54 information so as to preclude access by any person or entity not authorized such access by the Government. 55

B.5 Identification of Government Officials 57

The Government Officials assigned to this contract are as follows: 59

Administrative Contracting Officer: 61

Name: Edward Ruud 62

Email: Edward.Ruud@Fema.dhs.gov 63

Administrative Contract Specialist: 65

Name: Danielle Sweetney 66

Email: Danielle.Sweetney@fema.dhs.gov 67

Contracting Officer’s Representative: 69

Name: To be provided upon award 70

Email: 71

B.6 Invoice Approval (JUN 2014) 73

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to 75 accept goods and services and to review and approve invoices for this contract: 76

Authorized Invoice Approver: 78

Name: TBD 79

Title: Contracting Officer’s Representative 80

Email: 81

SECTION C: CONTRACT CLAUSES 84

C.1 RFO 52.252-2 Clauses Incorporated By Reference (Feb 1998) 86

This contract incorporates one or more clauses by reference, with the same force and effect as if they were 87 given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text 88 of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-89 overhaul/far-part-deviation-guide 90

HSAR Number Title Date

3052.211-70 Index for Specifications Dec 2003 mailto:Edward.Ruud@Fema.dhs.gov mailto:Danielle.Sweetney@fema.dhs.gov

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

3052.212-70 Contract terms and Conditions Applicable to DHS Acquisitions and Commercial Items Jul 2023

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work Dec 2003

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility Dec 2003

3052.242-72 Contracting Officer’s Representative Dec 2003

RFO Number Title Date

52.202-1 Definitions Jun 2020

52.203-5 Covenant Against Contingent Fees May 2014

52.203-7 Anti-Kickback Procedures Jun 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights

Nov 2023

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statement-Representations

Jan 2017

52.204-7 System for Award Management Nov 2024

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming

Arrangements or Joint Ventures (Multiple-Award Contract) Aug 2024

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Nov

2025) (Deviation 25-27) (effective November 28, 2025)

Nov 2025

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2025) (Deviation

25-27) (effective November 28, 2025)

Nov 2025

52.211-5 Material Requirement Aug 2000

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Aug 2025)

(Deviation 25-21) (effective November 28, 2025)

Nov 2025

52.229-11 Tax on Certain Foreign Procurements – Notice and Representation Jun 2020

52.232-1 Payments Apr 1984

52.232-33 Payment of Electronic Funds Transfer-System for award Management Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.233-1 Disputes (Aug 2025) (Deviation 25-25) (effective November 3, 2025) Nov 2025

52.243-1 Changes-Fixed-Price (June 2025) (Deviation 25-09) Jun 2025

C.2 Local Clause 93

The Contractor will not use or deploy the use of Artificial Intelligence, as defined by 15 U.S.C. 9401(3), 94 unless expressly authorized by the Contracting Officer. 95

The term ‘‘artificial intelligence’’ means a machine-based system that can, for a given set of human-96 defined objectives, make predictions, recommendations or decisions influencing real or virtual 97 environments. 98

Artificial intelligence systems use machine and human-based inputs to – 99

• perceive real and virtual environments; 100

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

• abstract such perceptions into models through analysis in an automated manner; and 101

• use model inference to formulate options for information or action. 102

(End of Local clause) 103

C.3 HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial 105

Items (JUL 2023) (HSAR Deviation 25-09) (effective November 28, 2025) 106

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to 108 implement agency policy applicable to acquisition of commercial items or components. The provision or clause 109 in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise 110 stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer 111 should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply 112 from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.] 113

(a) Provisions. 114

____3052.216–70 Evaluation of Offers Subject to An Economic Price Adjustment Clause. 115

____3052.219–72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program. 116

____3052.247–70 F.o.B. Origin Information. 118

____Alternate I 119

____Alternate II 120

____3052.247–71 F.o.B. Origin Only. 122

X 3052.247–72 F.o.B. Destination Only. 124

(b) Clauses. 125

____3052.203–70 Instructions for Contractor Disclosure of Violations. 127

X 3052.205–70 Advertisement, Publicizing Awards, and Releases. 129

____Alternate I 131

____3052.209–72 Organizational Conflicts of Interest. 133

X 3052.209–73 Limitation on Future Contracting. 135

____3052.215–70 Key Personnel or Facilities. 136

____3052.216–71 Determination of Award Fee. 138

____3052.216–72 Performance Evaluation Plan. 140

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

____3052.216–73 Distribution of Award Fee. 142

____3052.217–91 Performance. (USCG) 144

____3052.217–92 Inspection and Manner of Doing Work. (USCG) 145

____3052.217.93 Subcontracts. (USCG) 147

____ 3052.217.94 Lay Days. (USCG) 148

____ 3052.217–95 Liability and Insurance. (USCG) 150

____ 3052.217–96 Title. (USCG) 152

____ 3052.217.97 Discharge of Liens. (USCG) 154

____ 3052.217–98 Delays. (USCG) 155

____ 3052.217–99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG) 157

____ 3052.217–100 Guarantee. (USCG) 158

____ 3052.219–71 DHS Mentor Protégé Program. 159

_X 3052.228–70 Insurance. 161

____ 3052.228–90 Notification of Miller Act Payment Bond Protection. (USCG) 163

____ 3052.228–91 Loss of or Damage to Leased Aircraft. (USCG) 164

____ 3052.228.92 Fair Market Value of Aircraft. (USCG) 166

____ 3052.228–93 Risk and Indemnities. (USCG) 168

____ 3052.236–70 Special Provisions for Work at Operating Airports. 170

_X 3052.242–72 Contracting Officer's Representative. 171

_____ Alternate I 172

_____ Alternate II 173

_____ 3052.240-72 Safeguarding of Controlled Unclassified Information. 174

_____ Alternate I 175

_____ 3052.240-72 Notification and Credit Monitoring Requirements for Personally Identifiable Information 176

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Incidents. 177

_____ 3052.242-72 Contracting Officer’s Representative. 178

_ 3052.249–90 Contract Termination (USCG). 179

(End of clause) 180

C.4 RFO 52.240-91 Security Prohibitions and Exclusions (Aug 2025) (Deviation 25-23) (effective November 3, 182

2025) 183

(a) Definitions. As used in this clause— 185

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal 187

Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award 188

Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.). 189

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at 191 the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be 192 wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). 193

Covered application means the social networking service TikTok or any successor application or service 195 developed or provided by ByteDance Limited or an entity owned by ByteDance Limited. 196

Covered article, as defined in 41 U.S.C. 4713(k), means: 198

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types; 200

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 202 of the Communications Act of 1934 (47 U.S.C. 153); 203

(3) The processing of information on a Federal or non-Federal information system, subject to the 205 requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or 206

(4) Hardware, systems, devices, software, or services that include embedded or incidental information 208 technology. 209

Covered foreign country means The People’s Republic of China. 211

Covered telecommunications equipment or services means— 213

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or 215 any subsidiary or affiliate of such entities); 216

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of 218 critical infrastructure, and other national security purposes, video surveillance and telecommunications 219 equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology 220

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 221

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; 223 or 224

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that 226 the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the 227

Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise 228 connected to, the government of a covered foreign country. 229

Critical technology means— 231

(1) Defense articles or defense services included on the United States Munitions List set forth in the 233

International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal 234

Regulations; 235

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export 237

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and 238 controlled— 239

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and 241 biological weapons proliferation, nuclear nonproliferation, or missile technology; or 242

(ii) For reasons relating to regional stability or surreptitious listening; 244

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and 246 technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign 247 atomic energy activities); 248

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations 250

(relating to export and import of nuclear equipment and material); 251

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of 253 such Code, or part 73 of title 42 of such Code; or 254

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control 256

Reform Act of 2018 (50 U.S.C. 4817). 257

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by 259 an American Security Drone Act—covered foreign entity. 260

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security 262

Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one 263 or more named sources or named covered articles from executive agency procurement actions, as described in 41 264

CFR 201-1.303(d) and (e): 265

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the 267 extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to 268

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

as a Department of Homeland Security (DHS) FASCSA order. 269

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and 271 national security systems other than sensitive compartmented information systems. This type of FASCSA 272 order may be referred to as a DoD FASCSA order. 273

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence 275 community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of 276 this definition. This type of FASCSA order may be referred to as a DNI FASCSA order. 277

Information technology, as defined in 40 U.S.C. 11101(6)— 279

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic 281 acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, 282 switching, interchange, transmission, or reception of data or information by the executive agency, if the 283 equipment is used by the executive agency directly or is used by a contractor under a contract with the 284 executive agency that requires the use— 285

(i) Of that equipment; or 287

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a 289 product; 290

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage 292 devices necessary for security and surveillance), peripheral equipment designed to be controlled by the 293 central processing unit of a computer, software, firmware and similar procedures, services (including 294 support services), and related resources; but 295

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract. 297

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following— 299

(1) The Office of the Director of National Intelligence; 301

(2) The Central Intelligence Agency; 303

(3) The National Security Agency; 305

(4) The Defense Intelligence Agency; 307

(5) The National Geospatial-Intelligence Agency; 309

(6) The National Reconnaissance Office; 311

(7) Other offices within the Department of Defense for the collection of specialized national intelligence 313 through reconnaissance programs; 314

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the 316

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy; 317

(9) The Bureau of Intelligence and Research of the Department of State; 319

(10) The Office of Intelligence and Analysis of the Department of the Treasury; 321

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or 323

(12) Such other elements of any department or agency as may be designated by the President, or designated 325 jointly by the Director of National Intelligence and the head of the department or agency concerned, as an 326 element of the intelligence community. 327

Interconnection arrangements means arrangements governing the physical connection of two or more networks to 329 allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer 330 of telephone provider A to a customer of telephone company B) or sharing data and other information resources. 331

Kaspersky Lab-covered article means any hardware, software, or service that— 333

(1) Is developed or provided by a Kaspersky Lab-covered entity; 335

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky 337

Lab-covered entity; or 338

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-340 covered entity. 341

Kaspersky Lab-covered entity means— 343

(1) Kaspersky Lab; 345

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”; 347

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or 349

(4) Any entity of which Kaspersky Lab has a majority ownership. 351

National security system, as defined in 44 U.S.C. 3552, means any information system (including any 353 telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization 354 on behalf of an agency— 355

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities 357 related to national security; involves command and control of military forces; involves equipment that is an 358 integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence 359 missions, but does not include a system that is to be used for routine administrative and business 360 applications (including payroll, finance, logistics, and personnel management applications); or 361

(2) Is protected at all times by procedures established for information that have been specifically authorized 363 under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of 364

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

national defense or foreign policy. 365

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when 367 unable to connect to the facilities of the home network either because signal coverage is too weak or because 368 traffic is too high. 369

Sensitive compartmented information means classified information concerning or derived from intelligence 371 sources, methods, or analytical processes, which is required to be handled within formal access control systems 372 established by the Director of National Intelligence. 373

Sensitive compartmented information system means a national security system authorized to process or store 375 sensitive compartmented information. 376

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier. 378

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation 380 or through another subsidiary of a parent corporation. 381

Substantial or essential component means any component necessary for the proper function or performance of a 383 piece of equipment, system, or service. 384

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from 386 within or on the aircraft (49 U.S.C. 44801(11)). 387

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links 389 and the components that control the unmanned aircraft) that are required for the operator to operate safely and 390 efficiently in the national airspace system (49 U.S.C. 44801(12)). 391

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver 393 or exception applies, the Contractor is prohibited from providing any products or services to the Government or 394 using in the performance of the contract any of the following: 395

(1) A covered application on any information technology owned or managed by the Government, or on any 397 information technology used or provided by the Contractor under this contract, including equipment 398 provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 399

2023 (Pub. L. 117-328)); 400

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization 402

Act for Fiscal Year 2018 (Pub. L. 115-91)); 403

(3) Covered telecommunications equipment or services used as a substantial or essential component of any 405 system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. 406

McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit 407 contractors from providing— 408

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or 410 interconnection arrangements; or 411

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit 413 visibility into any user data or packets that such equipment transmits or otherwise handles. 414

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone 416

Act—covered foreign entities. 417

(1) Prohibition. The Contractor is prohibited from— 419

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned 421 aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security 422

Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, 423

Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.); 424

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system 426 in the performance of the contract (section 1824 of Pub. L. 118-31); and 427

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-429 prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31). 430

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American 432

Security Drone Act—covered foreign entities before proposing, or using in performance of the 433 contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure 434 associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding 435 exemption, exception, or waiver determination expressly stated in the contract. 436

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not 438 apply where the agency has determined an exemption, exception, or waiver applies, and the contract 439 indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of 440

Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers. 441

(d) Prohibition on using or providing specific products or services or conducting certain transactions 443 regardless of connection to contract. 444

(1) Certain telecommunications and video surveillance equipment, systems, or services. 446

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot 448 use any equipment, systems, or services that uses covered telecommunications equipment or 449 services as a substantial or essential component of any system, or as critical technology as 450 part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National 451

Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). 452

(ii) This prohibition applies to using covered telecommunications equipment or services, 454 regardless of whether that use is in performance of work under a Federal contract. This does 455 not prohibit the contractor from using— 456

(A) A service that connects to the facilities of a third party, such as backhaul, 458 roaming, or interconnection arrangements; or 459

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

(B) Telecommunications equipment that cannot route or redirect user data traffic or 461 cannot permit visibility into any user data or packets that such equipment transmits or 462 otherwise handles. 463

(2) Office of Foreign Assets Control Restrictions. 465

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department 467 of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, 468 any supplies or services if any proclamation, Executive order, or statute administered by 469

OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a 470 transaction by a person subject to the jurisdiction of the United States. 471

(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are 473 prohibited, as are most imports from Burma or North Korea, into the United States or its 474 outlying areas. 475

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s 476

List of Specially Designated Nationals and Blocked Persons at 477 https://home.treasury.gov/policy-issues/financial-sanctions/speciallydesignated-478 nationals-and-blocked-persons-list-sdn-human-readable-lists. 479

(B) For more information about these restrictions, as well as updates, see OFAC’s 481 regulations at 31 CFR chapter V and at https://home.treasury.gov/policyissues/office-482 of-foreign-assets-control-sanctions-programs-and-information. 483

(C) To conduct electronic screens of potential parties to regulated transactions, see 485 the consolidated screening list at https://www.trade.gov/consolidatedscreening-list, 486 which consolidates multiple export screening lists of the Departments of Commerce, 487

State, and the Treasury. 488

(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business 490 operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-491

174). 492

(4) Iran prohibitions. 493

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a 495 waiver, the contractor shall not engage in certain activities or transactions relating to Iran 496

(section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note). 497

(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a 499 waiver, contractor shall not export certain sensitive technology to Iran, as determined by the 500

President, and has an active exclusion in SAM (22 U.S.C. 8515). 501

(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is 503 subject to trade agreements and the offeror certifies that all the offered products are 504 designated country end products or designated country construction material (see part 25). 505

(iv) Unless an exception applies or the Government grants a waiver, contractors are 507 prohibited from knowingly engaging in any significant transaction (i.e., over $10,000) with 508

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and 509 interests in property of which are blocked according to the International Emergency 510

Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)). 511

(e) Governmentwide exclusion and removal orders. 513

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as 515 part of the performance of the contract any covered article, or any products or services produced or 516 provided by a source, if the covered article or the source is prohibited by an applicable FASCSA 517 order as follows: 518

(i) For solicitations and contracts awarded by a Department of Defense contracting office, 520

DoD FASCSA orders apply. 521

(ii) For all other solicitations and contracts, DHS FASCSA orders apply. 523

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award 525

Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders. 526

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, 528 which are effective and apply to the solicitation and resulting contract. 529

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an 531 amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)). 532

(f) Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any 534 prohibited products or services. The inquiry will look at any information in the entity’s possession but does 535 not need to include an internal or third-party audit. 536

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide 538 acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by 539 multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, 540 the Contractor shall promptly make any necessary changes or modifications to remove any product or 541 service produced or provided by a source that this clause prohibits. 542

(h) General report. 544

(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), 546 that any product or service provided or used (or to be provided or used) during contract performance 547 does not comply with any prohibition in this clause, then the Contractor shall report the following 548 information, or as much information is known, in writing to the contracting office as identified in 549 paragraph (h)(2) within 72 hours: 550

(i) Contract number and order number, if applicable; 552

(ii) The specific prohibition the product or service is not complying with; 554

(iii) A description of the products or services that the Contractor identifies or has reason to 556

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

suspect is prohibited (include brand; model number, such as the original equipment 557 manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item 558 description, as applicable); 559

(iv) The entity that produced the product or service (include entity name, unique entity 561 identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, 562 fabrication, assembly, packaging, and test of the product, and whether the entity was the 563

OEM or a distributor (provide manufacturer codes and distributor codes used for the 564 product)); 565

(v) Description of the functionality of the product or service and how that functionality 567 impacts the risk to the product or service; 568

(vi) An explanation of any factors relevant to determining if the product or service should be 570 permitted by an applicable exception, exemption, or waiver (if the contractor would like the 571

Government to consider a waiver, and asks for such a waiver); 572

(vii) Whether alternative products or services are available that would comply with the 574 prohibition; 575

(viii) If the product or service is related to item maintenance, include the following 577 information on the item being maintained: 578

(A) Brand; 580

(B) Model number, OEM number, manufacturer part number, or wholesaler number; 582 and 583

(C) Item description, as applicable. 585

(ix) Any readily available information about mitigation actions implemented or 587 recommended. 588

(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as 590 follows: 591

(i) If a Department of Defense contracting office, the Contractor shall report to the website at 593 https://dibnet.dod.mil. 594

(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer. 596

(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office 598 for the indefinite delivery contract and the contracting office for any affected order. 599

(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this 601 clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this 602 clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new 603 information. (4) The contractor shall also report the information in paragraph (h)(1) if the contractor 604 https://dibnet.dod.mil/

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

wishes to ask for a waiver of the requirements of a new FASCSA order being applied through 605 modification. 606

(i) New FASCSA orders report. 608

(1) During contract performance, the Contractor shall review SAM at least once every three months, 610 or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), 611 or for products or services produced by a source subject to FASCSA order(s) not currently identified 612 under paragraph (e) of this clause. 613

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the 615

Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or 616 service produced or provided by a source subject to the FASCSA order(s) was provided to the 617

Government or used during contract performance. The inquiry will look at any information in the 618 entity’s possession but does not need to include an internal or third-party audit. 619

(3) The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this 621 clause if the Contractor identifies, including through any notification by a subcontractor at any tier, 622 that a covered article or product or service produced or provided by a source was provided to the 623

Government or used during contract performance and is subject to a FASCSA order(s). For 624 indefinite delivery contracts, the Contractor shall report to both the contracting office for the 625 indefinite delivery contract and the contracting office for any affected order. The Contractor shall 626 report the following information within 72 hours for each covered article or each product or service 627 produced or provided by a source, where the covered article or source is subject to a FASCSA order: 628

(i) Contract number and order number, if applicable; 630

(ii) Name of the covered article or source subject to a FASCSA order; 632

(iii) The specific FASCSA order the product or service does not comply with; 634

(iv) The elements of (h)(1)(iii) through (ix) of this clause. 636

(j) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (j) but 638 excluding subparagraphs (d)(1) and (i)(1), in all subcontracts and other contractual instruments, including 639 subcontracts for acquiring commercial products or commercial services. 640

(End of clause) 642

C.5 RFO 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (Aug 2025) (Deviation 644

25-23) (effective November 3, 2025) 645

(a) Definitions. As used in this clause— 647

Covered contractor information system means an information system that is owned or operated by a contractor 649 that processes, stores, or transmits Federal contract information. 650

Federal contract information— 652

[1] In this document, citations to Revolutionary FAR Overhaul…