2.2.1 Solicitation No. 70FB7026R00000035.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 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

5. SOLICITATION NUMBER

70FB7026R00000035

FEMA REGION VI

FEDERAL REG CENTER ATTN RECEIVING OFFICER

800 NORTH LOOP 288

DENTON TX 76209-3606

FEMA-INCIDENT SUPPORT SECTION

FEDERAL EMERGENCY MANAGEMENT AGENCY

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472

09/10/2026 1200 ET Danielle Sweetney

70FB70

441340

$25.5

09/02/2026

FEMA R06

The purpose of this solicitation is to procure

Truck and Trailer Tires to include mounting and dismounting in accordance with the Statement of

Work Specifications.

Delivery: 120 Days After Award

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,

*** SEE ATTACHMENT II - PRICING ***

[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.

CONTRACT TYPE

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

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

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

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

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

SECTION B: REQUIREMENT

This requirement is for Truck and Trailer Tires to include mounting and balancing for the Disaster

Emergency Communications Division Team of Mobile Emergency Response Support (MERS)

B.1 Description

See Attachment I – Statement of Work (SOW)

B.2 Period of Performance

The Period of Performance will be one hundred twenty (120) days from date of award.

B.3 Place of Performance

Delivery destination will be MERS - Denton 27

800 N. Loop 288, 29

Denton, TX 76209 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 37 one adjustment to the period of performance with advanced notice. 38

All referenced RFO and HSAR provisions and clauses may be accessed electronically at 40 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide 41

B.4 Release of Information43

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

Security Systems. 48

All information relating to the items to be delivered or services to be performed under this contract may not 50 be disclosed by any means without prior approval of the Contracting Officer. 51

Dissemination of public disclosures includes but is not limited to: permitting access of such information by 53 foreign national or by any other person, entity, and publication of technical or scientific papers, advertising, 54 or any other proposed public release. The contractor shall provide adequate physical protection to such 55 information so as to preclude access by any person or entity not authorized such access by the Government. 56

B.5 Identification of Government Officials58

The Government Officials assigned to this contract are as follows: 60

Administrative Contracting Officer: 62

Name: Oneko Dunbar 63

Email: Oneko.Dundar@Fema.dhs.gov 64

Administrative Contract Specialist: 66

Name: Danielle Sweetney 67

Email: Danielle.Sweetney@fema.dhs.gov 68

Contracting Officer’s Representative: 70

Name: To be provided upon award 71

Email: 72

B.6 Invoice Approval (JUN 2014)74

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to 76 accept goods and services and to review and approve invoices for this contract: 77

Authorized Invoice Approver: 79

Name: TBD 80

Title: Contracting Officer’s Representative 81

Email: 82

SECTION C: CONTRACT CLAUSES 85

C.1 RFO 52.252-2 Clauses Incorporated By Reference (Feb 1998)87

This contract incorporates one or more clauses by reference, with the same force and effect as if they were 88 given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text 89 of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-90 overhaul/far-part-deviation-guide 91

HSAR Number Title Date mailto:Oneko.Dundar@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.

3052.211-70 Index for Specifications Dec 2003

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

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (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

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024

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

52.232-1 Payments Apr 1984

52.232-17 Interest May 2014

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

52.242-13 Bankruptcy July 1995

52.242-15 Stop-Work Order Aug 1989

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

52.246-2 Inspection of Supplies-Fixed-Price Aug 1996

52.246-16 Responsibility for Supplies Apr 1984

52.247-34 F.O.B. Destination Jan 1991

[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.

C.2 Local Clause94

The Contractor will not use or deploy the use of Artificial Intelligence, as defined by 15 U.S.C. 9401(3), 95 unless expressly authorized by the Contracting Officer. 96

The term ‘‘artificial intelligence’’ means a machine-based system that can, for a given set of human-97 defined objectives, make predictions, recommendations or decisions influencing real or virtual 98 environments. 99

Artificial intelligence systems use machine and human-based inputs to – 100

• perceive real and virtual environments;101

• abstract such perceptions into models through analysis in an automated manner; and102

• use model inference to formulate options for information or action.103

(End of Local clause) 104

C.3 HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial106

Items (JUL 2023) (HSAR Deviation 25-09) (effective November 28, 2025)107

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to 109 implement agency policy applicable to acquisition of commercial items or components. The provision or clause 110 in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise 111 stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer 112 should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply 113 from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.] 114

(a) Provisions.115

____3052.216–70 Evaluation of Offers Subject to An Economic Price Adjustment Clause. 116

____3052.219–72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program. 117

____3052.247–70 F.o.B. Origin Information. 119

____Alternate I 120

____Alternate II 121

____3052.247–71 F.o.B. Origin Only. 123

X 3052.247–72 F.o.B. Destination Only. 125

(b) Clauses.126

____3052.203–70 Instructions for Contractor Disclosure of Violations. 128

X 3052.205–70 Advertisement, Publicizing Awards, and Releases. 130

[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.

____Alternate I 132

____3052.209–72 Organizational Conflicts of Interest. 134

X 3052.209–73 Limitation on Future Contracting. 136

____3052.215–70 Key Personnel or Facilities. 137

____3052.216–71 Determination of Award Fee. 139

____3052.216–72 Performance Evaluation Plan. 141

____3052.216–73 Distribution of Award Fee. 143

____3052.217–91 Performance. (USCG) 145

____3052.217–92 Inspection and Manner of Doing Work. (USCG) 146

____3052.217.93 Subcontracts. (USCG) 148

____ 3052.217.94 Lay Days. (USCG) 149

____ 3052.217–95 Liability and Insurance. (USCG) 151

____ 3052.217–96 Title. (USCG) 153

____ 3052.217.97 Discharge of Liens. (USCG) 155

____ 3052.217–98 Delays. (USCG) 156

____ 3052.217–99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG) 158

____ 3052.217–100 Guarantee. (USCG) 159

____ 3052.219–71 DHS Mentor Protégé Program. 160

_X 3052.228–70 Insurance. 162

____ 3052.228–90 Notification of Miller Act Payment Bond Protection. (USCG) 164

____ 3052.228–91 Loss of or Damage to Leased Aircraft. (USCG) 165

____ 3052.228.92 Fair Market Value of Aircraft. (USCG) 167

____ 3052.228–93 Risk and Indemnities. (USCG) 169

____ 3052.236–70 Special Provisions for Work at Operating Airports. 171

[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.

_X 3052.242–72 Contracting Officer's Representative. 172

_____ Alternate I 173

_____ Alternate II 174

_____ 3052.240-72 Safeguarding of Controlled Unclassified Information. 175

_____ Alternate I 176

_____ 3052.240-72 Notification and Credit Monitoring Requirements for Personally Identifiable Information 177

Incidents. 178

_____ 3052.242-72 Contracting Officer’s Representative. 179

_ 3052.249–90 Contract Termination (USCG). 180

(End of clause) 181

C.4 RFO 52.240-91 Security Prohibitions and Exclusions (Aug 2025) (Deviation 25-23) (effective November 3,183

2025)184

(a) Definitions. As used in this clause—186

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal 188

Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award 189

Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.). 190

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at 192 the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be 193 wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). 194

Covered application means the social networking service TikTok or any successor application or service 196 developed or provided by ByteDance Limited or an entity owned by ByteDance Limited. 197

Covered article, as defined in 41 U.S.C. 4713(k), means: 199

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;201

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3203 of the Communications Act of 1934 (47 U.S.C. 153);204

(3) The processing of information on a Federal or non-Federal information system, subject to the206 requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or207

(4) Hardware, systems, devices, software, or services that include embedded or incidental information209 technology.210

[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.

Covered foreign country means The People’s Republic of China. 212

Covered telecommunications equipment or services means— 214

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or216 any subsidiary or affiliate of such entities);217

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of219 critical infrastructure, and other national security purposes, video surveillance and telecommunications220 equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology221

Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);222

(3) Telecommunications or video surveillance services provided by such entities or using such equipment;224 or225

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that227 the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the228

Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise229 connected to, the government of a covered foreign country.230

Critical technology means— 232

(1) Defense articles or defense services included on the United States Munitions List set forth in the234

International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal235

Regulations;236

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export238

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and239 controlled—240

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and242 biological weapons proliferation, nuclear nonproliferation, or missile technology; or243

(ii) For reasons relating to regional stability or surreptitious listening;245

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and247 technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign248 atomic energy activities);249

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations251

(relating to export and import of nuclear equipment and material);252

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of254 such Code, or part 73 of title 42 of such Code; or255

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control257

Reform Act of 2018 (50 U.S.C. 4817).258

[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.

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by 260 an American Security Drone Act—covered foreign entity. 261

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security 263

Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one 264 or more named sources or named covered articles from executive agency procurement actions, as described in 41 265

CFR 201-1.303(d) and (e): 266

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the268 extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to269 as a Department of Homeland Security (DHS) FASCSA order.270

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and272 national security systems other than sensitive compartmented information systems. This type of FASCSA273 order may be referred to as a DoD FASCSA order.274

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence276 community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of277 this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.278

Information technology, as defined in 40 U.S.C. 11101(6)— 280

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic282 acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display,283 switching, interchange, transmission, or reception of data or information by the executive agency, if the284 equipment is used by the executive agency directly or is used by a contractor under a contract with the285 executive agency that requires the use—286

(i) Of that equipment; or288

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a290 product;291

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage293 devices necessary for security and surveillance), peripheral equipment designed to be controlled by the294 central processing unit of a computer, software, firmware and similar procedures, services (including295 support services), and related resources; but296

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.298

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following— 300

(1) The Office of the Director of National Intelligence;302

(2) The Central Intelligence Agency;304

(3) The National Security Agency;306

[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.

(4) The Defense Intelligence Agency;308

(5) The National Geospatial-Intelligence Agency;310

(6) The National Reconnaissance Office;312

(7) Other offices within the Department of Defense for the collection of specialized national intelligence314 through reconnaissance programs;315

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the317

Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;318

(9) The Bureau of Intelligence and Research of the Department of State;320

(10) The Office of Intelligence and Analysis of the Department of the Treasury;322

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or324

(12) Such other elements of any department or agency as may be designated by the President, or designated326 jointly by the Director of National Intelligence and the head of the department or agency concerned, as an327 element of the intelligence community.328

Interconnection arrangements means arrangements governing the physical connection of two or more networks to 330 allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer 331 of telephone provider A to a customer of telephone company B) or sharing data and other information resources. 332

Kaspersky Lab-covered article means any hardware, software, or service that— 334

(1) Is developed or provided by a Kaspersky Lab-covered entity;336

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky338

Lab-covered entity; or339

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-341 covered entity.342

Kaspersky Lab-covered entity means— 344

(1) Kaspersky Lab;346

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;348

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or350

(4) Any entity of which Kaspersky Lab has a majority ownership.352

National security system, as defined in 44 U.S.C. 3552, means any information system (including any 354

[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.

telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization 355 on behalf of an agency— 356

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities358 related to national security; involves command and control of military forces; involves equipment that is an359 integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence360 missions, but does not include a system that is to be used for routine administrative and business361 applications (including payroll, finance, logistics, and personnel management applications); or362

(2) Is protected at all times by procedures established for information that have been specifically authorized364 under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of365 national defense or foreign policy.366

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when 368 unable to connect to the facilities of the home network either because signal coverage is too weak or because 369 traffic is too high. 370

Sensitive compartmented information means classified information concerning or derived from intelligence 372 sources, methods, or analytical processes, which is required to be handled within formal access control systems 373 established by the Director of National Intelligence. 374

Sensitive compartmented information system means a national security system authorized to process or store 376 sensitive compartmented information. 377

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier. 379

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation 381 or through another subsidiary of a parent corporation. 382

Substantial or essential component means any component necessary for the proper function or performance of a 384 piece of equipment, system, or service. 385

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from 387 within or on the aircraft (49 U.S.C. 44801(11)). 388

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links 390 and the components that control the unmanned aircraft) that are required for the operator to operate safely and 391 efficiently in the national airspace system (49 U.S.C. 44801(12)). 392

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver394 or exception applies, the Contractor is prohibited from providing any products or services to the Government or395 using in the performance of the contract any of the following:396

(1) A covered application on any information technology owned or managed by the Government, or on any398 information technology used or provided by the Contractor under this contract, including equipment399 provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act,400

2023 (Pub. L. 117-328));401

[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.

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization403

Act for Fiscal Year 2018 (Pub. L. 115-91));404

(3) Covered telecommunications equipment or services used as a substantial or essential component of any406 system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S.407

McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit408 contractors from providing—409

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or411 interconnection arrangements; or412

(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit414 visibility into any user data or packets that such equipment transmits or otherwise handles.415

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone417

Act—covered foreign entities.418

(1) Prohibition. The Contractor is prohibited from—420

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned422 aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security423

Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024,424

Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);425

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system427 in the performance of the contract (section 1824 of Pub. L. 118-31); and428

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-430 prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).431

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American433

Security Drone Act—covered foreign entities before proposing, or using in performance of the434 contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure435 associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding436 exemption, exception, or waiver determination expressly stated in the contract.437

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not439 apply where the agency has determined an exemption, exception, or waiver applies, and the contract440 indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of441

Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.442

(d) Prohibition on using or providing specific products or services or conducting certain transactions444 regardless of connection to contract.445

(1) Certain telecommunications and video surveillance equipment, systems, or services.447

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot449 use any equipment, systems, or services that uses covered telecommunications equipment or450

[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.

services as a substantial or essential component of any system, or as critical technology as 451 part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National 452

Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). 453

(ii) This prohibition applies to using covered telecommunications equipment or services,455 regardless of whether that use is in performance of work under a Federal contract. This does456 not prohibit the contractor from using—457

(A) A service that connects to the facilities of a third party, such as backhaul,459 roaming, or interconnection arrangements; or460

(B) Telecommunications equipment that cannot route or redirect user data traffic or462 cannot permit visibility into any user data or packets that such equipment transmits or463 otherwise handles.464

(2) Office of Foreign Assets Control Restrictions.466

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department468 of the Treasury, the Contractor shall not acquire, for use in the performance of this contract,469 any supplies or services if any proclamation, Executive order, or statute administered by470

OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a471 transaction by a person subject to the jurisdiction of the United States.472

(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are474 prohibited, as are most imports from Burma or North Korea, into the United States or its475 outlying areas.476

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s477

List of Specially Designated Nationals and Blocked Persons at478 https://home.treasury.gov/policy-issues/financial-sanctions/speciallydesignated-479 nationals-and-blocked-persons-list-sdn-human-readable-lists.480

(B) For more information about these restrictions, as well as updates, see OFAC’s482 regulations at 31 CFR chapter V and at https://home.treasury.gov/policyissues/office-483 of-foreign-assets-control-sanctions-programs-and-information.484

(C) To conduct electronic screens of potential parties to regulated transactions, see486 the consolidated screening list at https://www.trade.gov/consolidatedscreening-list,487 which consolidates multiple export screening lists of the Departments of Commerce,488

State, and the Treasury.489

(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business491 operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-492

174).493

(4) Iran prohibitions.494

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a496 waiver, the contractor shall not engage in certain activities or transactions relating to Iran497

(section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).498

[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) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a 500 waiver, contractor shall not export certain sensitive technology to Iran, as determined by the 501

President, and has an active exclusion in SAM (22 U.S.C. 8515). 502

(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is 504 subject to trade agreements and the offeror certifies that all the offered products are 505 designated country end products or designated country construction material (see part 25). 506

(iv) Unless an exception applies or the Government grants a waiver, contractors are 508 prohibited from knowingly engaging in any significant transaction (i.e., over $10,000) with 509

Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and 510 interests in property of which are blocked according to the International Emergency 511

Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)). 512

(e) Governmentwide exclusion and removal orders. 514

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as 516 part of the performance of the contract any covered article, or any products or services produced or 517 provided by a source, if the covered article or the source is prohibited by an applicable FASCSA 518 order as follows: 519

(i) For solicitations and contracts awarded by a Department of Defense contracting office, 521

DoD FASCSA orders apply. 522

(ii) For all other solicitations and contracts, DHS FASCSA orders apply. 524

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award 526

Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders. 527

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, 529 which are effective and apply to the solicitation and resulting contract. 530

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an 532 amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)). 533

(f) Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any 535 prohibited products or services. The inquiry will look at any information in the entity’s possession but does 536 not need to include an internal or third-party audit. 537

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide 539 acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by 540 multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, 541 the Contractor shall promptly make any necessary changes or modifications to remove any product or 542 service produced or provided by a source that this clause prohibits. 543

(h) General report. 545

[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.

(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), 547 that any product or service provided or used (or to be provided or used) during contract performance 548 does not comply with any prohibition in this clause, then the Contractor shall report the following 549 information, or as much information is known, in writing to the contracting office as identified in 550 paragraph (h)(2) within 72 hours: 551

(i) Contract number and order number, if applicable; 553

(ii) The specific prohibition the product or service is not complying with; 555

(iii) A description of the products or services that the Contractor identifies or has reason to 557 suspect is prohibited (include brand; model number, such as the original equipment 558 manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item 559 description, as applicable); 560

(iv) The entity that produced the product or service (include entity name, unique entity 562 identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, 563 fabrication, assembly, packaging, and test of the product, and whether the entity was the 564

OEM or a distributor (provide manufacturer codes and distributor codes used for the 565 product)); 566

(v) Description of the functionality of the product or service and how that functionality 568 impacts the risk to the product or service; 569

(vi) An explanation of any factors relevant to determining if the product or service should be 571 permitted by an applicable exception, exemption, or waiver (if the contractor would like the 572

Government to consider a waiver, and asks for such a waiver); 573

(vii) Whether alternative products or services are available that would comply with the 575 prohibition; 576

(viii) If the product or service is related to item maintenance, include the following 578 information on the item being maintained: 579

(A) Brand; 581

(B) Model number, OEM number, manufacturer part number, or wholesaler number; 583 and 584

(C) Item description, as applicable. 586

(ix) Any readily available information about mitigation actions implemented or 588 recommended. 589

(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as 591 follows: 592

(i) If a Department of Defense contracting office, the Contractor shall report to the website at 594

[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.

https://dibnet.dod.mil. 595

(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer.597

(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office599 for the indefinite delivery contract and the contracting office for any affected order.600

(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this602 clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this603 clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new604 information. (4) The contractor shall also report the information in paragraph (h)(1) if the contractor605 wishes to ask for a waiver of the requirements of a new FASCSA order being applied through606 modification.607

(i) New FASCSA orders report.609

(1) During contract performance, the Contractor shall review SAM at least once every three months,611 or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s),612 or for products or services produced by a source subject to FASCSA order(s) not currently identified613 under paragraph (e) of this clause.614

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the616

Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or617 service produced or provided by a source subject to the FASCSA order(s) was provided to the618

Government or used during contract performance. The inquiry will look at any information in the619 entity’s possession but does not need to include an internal or third-party audit.620

(3) The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this622 clause if the Contractor identifies, including through any notification by a subcontractor at any tier,623 that a covered article or product or service produced or provided by a source was provided to the624

Government or used during contract performance and is subject to a FASCSA order(s). For625 indefinite delivery contracts, the Contractor shall report to both the contracting office for the626 indefinite delivery contract and the contracting office for any affected order. The Contractor shall627 report the following information within 72 hours for each covered article or each product or service628 produced or provided by a source, where the covered article or source is subject to a FASCSA order:629

(i) Contract number and order number, if applicable;631

(ii) Name of the covered article or source subject to a FASCSA order;633

(iii) The specific FASCSA order the product or service does not comply with;635

(iv) The elements of (h)(1)(iii) through (ix) of this clause.637

(j) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (j) but639 excluding subparagraphs (d)(1) and (i)(1), in all subcontracts and other contractual instruments, including640 subcontracts for acquiring commercial products or commercial services.641 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.

(End of…