2.2.1 Solicitation SF1449 Final 70FB8026R00000020_10-15-2026.pdf
PDF 708 KB Posted
- Solicitation number
- FEMA_70FB8026R00000020
- Issued by
-
Federal Emergency Management Agency
About this file
This is a Request for Proposal (RFP) for Advisory and Assistance Support (A&AS) services to provide qualified arbitrators to the Hermit's Peak/Calf Canyon Claims Office.
The Government seeks to award a single Indefinite Delivery/Indefinite Quantity (IDIQ) contract for arbitration services with a base period of 12 months (November 19, 2026 to November 18, 2027) and two optional 12-month extension periods. The contract type is hybrid Firm-Fixed-Price/Time & Material/Labor Hour (FFP/T&M/LH). Services include arbitrator start-up tasks, Project Management Office (PMO) personnel, travel and miscellaneous expenses, travel and training time, case review and arbitration hearings across three complexity levels (low, moderate, and high), and case review overtime. The contractor must maintain a minimum roster of four arbitrators, expandable to a maximum of 20, and provide qualified arbitrators to conduct hearings related to the Hermit's Peak/Calf Canyon Fire disaster. The Government will establish a not-to-exceed ceiling for travel-related other direct costs (ODCs). Proposals are due October 29, 2026 at 3:00 p.m. ET and must be submitted electronically in two separate volumes: Volume I (Technical/Past Performance) and Volume II (Price). FEMA is the administering agency, with Administrative Contracting Officers Lisa Thibodeaux and Sharon Edwards. This acquisition is unrestricted (not set aside for small business). Evaluation will employ a best-value tradeoff approach considering Corporate Experience, Key Personnel, Management Plan, Past Performance, and Price, with non-price factors weighted more heavily than price. Questions are due October 22, 2026 at 3:00 p.m. ET using the provided Question Template.
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Text version
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
70FB8026R00000020
VARIOUS LOCATIONS
FEMA HQ
OFFICE OF CHIEF PROCUREMENT 500 C ST SW
3RD FLOOR
WASHINGTON DC 20472
FEMA HQ
OFFICE OF CHIEF PROCUREMENT 500 C ST SW
3RD FLOOR
WASHINGTON DC 20472
10/29/2026 1500 CT
Lisa Thibodeaux 504-250-1022
70FH10
70FH10
Lisa G. Thibodeaux
541199
$20.5
10/15/2026
000000
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Revolutionary Federal Acquisition
Regulation (FAR) Overhaul (RFO) subpart 12.2, “Solicitation, Evaluation, and Award,” in
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,
conjunction with procedures in RFO Part 15.
This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued.
Solicitation number 70FB8026R00000020 is issued as a Request for Proposal (RFP) for Advisory and Assistance Support (A&AS) contract to provide qualified arbitrators to the Hermit’s
Peak/Calf Canyon Claims Office, as described in the Performance Work Statement (PWS).
This acquisition is not set aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.
All interested vendors shall provide proposals for the solicited services described in the
Performance Work Statement (PWS) – Attachment
1; the Pricing Worksheet—Attachment 2;
Evaluation Factors--Attachment 3; and RFP
Question Template—Attachment 4.
Availability of Funds:
The Government’s obligation under this request
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
NSN 7540-01-152-8067
is contingent upon the obligation of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government may arise from this solicitation until a contract is awarded by a warranted FEMA Contracting
Officer.
Anticipated Period of Performance is a Base of
12 months with two (2) 12-month option periods.
Options will be exercised at the discretion of the Government.
All questions shall be submitted via the
Questions Template provided.
Attachments included with the RFP:
1 - PWS
2 - Pricing Worksheet
3 - Evaluation Factors
4 - Question Template
Period of Performance: 11/19/2026 to
11/18/2027
0001 CLIN 0001: Start-up Tasks (FFP)
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0002 CLIN 0002: PMO Personnel (FFP Monthly)
(NTE 4% of CLIN 0005/0006)
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0003 CLIN 0003: Travel and Miscellaneous (T&M)
Informational CLIN:
Hotel: 63 Trips / 2 Days
Per Diem: 63 Trips / 3 Days
Car Rental: 63 Trips / 3 Days
Gas: 63 Trips
Airline Ticket: 63 Trips
Taxi/Uber: 63 Trips
Facility Rental: 2 Trips
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
Miscellaneous: 63 Trips
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0003A Funding CLIN 0003
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0004 CLIN 0004: Travel & Training Time (LH)
Informational CLIN:
Travel Time - Badging and GFE: 25 Trips / 1
Arbitrator
Travel Time - Arbitrations (less than or equal to $500k): 29 Trips / 1 Arbitrator
Travel Time - Arbitrations (greater than
$500k): 3 Trips / 3 Arbitrators
Training Time: 25 Arbitrators
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0004A Funding CLIN 0004
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0005 CLIN 0005: Case Review and Arbitration Hearings
(FFP)
Informational CLIN
Product/Service Code: R418
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0005A CLIN 0005A: Low Complexity Case Review and
Hearings (< $500k) - Up to 12 hours
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0005B CLIN 0005B: Moderate Complexity Case Review and
Hearings (> $500k) - From 12 - 18 Hours
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0005C CLIN 0005C: High Complexity Case Review and
Hearings (> $500k) - From 18 - 24 Hours
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0006 CLIN 0006: Case Review Overtime (T&M)
Informational CLIN
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0006A CLIN 0006A: Low Complexity Overtime <$500k - Up to 12 hours
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0006B CLIN 0006B: Moderate Complexity Overtime >$500k
- From 12 - 18 Hours
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
0006C CLIN 0006C: High Complexity Overtime >$500k -
From 18 - 24 Hours
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
1002 CLIN 1002: Option 1 PMO Personnel (FFP
Monthly)
NTE 4% of CLIN 1005/1006
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2027 to
11/18/2028
TO BE EXERCISED AT THE DISCRETION OF THE
GOVERNMENT.
TO BE EXERCISED AT THE DISCRETION OF THE
GOVERNMENT.
1003 CLIN 1003: Option 1 - Travel and Miscellaneous
(T&M)
Informational CLIN:
Hotel: 85 Trips / 2 Days
Per Diem: 85 Trips / 3 Days
Car Rental: 85 Trips / 3 Days
Gas: 85 Trips
Airline Ticket: 85 Trips
Taxi/Uber: 85 Trips
Facility Rental: 2 Trips
Miscellaneous: 85 Trips
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2027 to
11/18/2028
1003A Funding CLIN 1003 - Option 1
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2027 to
11/18/2028
TO BE EXERCISED AT THE DISCRETION OF THE
GOVERNMENT.
1004 CLIN 1004: Option 1 - Travel & Training Time
(LH)
Informational CLIN:
Travel Time - Badging and GFE: 25 Trips / 1
Arbitrator
Travel Time - Arbitrations (less than or equal to $500k): 45 Trips / 1 Arbitrator
Travel Time - Arbitrations (greater than
$500k): 5 Trips / 3 Arbitrators
Training Time: 25 Arbitrators
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2027 to
11/18/2028
1004A Funding CLIN 1004 - Option 1
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2027 to
11/18/2028
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
1005 CLIN 1005: Option 1 Case Review and Arbitration
Hearings (FFP)
Informational CLIN
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2027 to
11/18/2028
TO BE EXERCISED AT THE DISCRETION OF THE
GOVERNMENT.
1005A CLIN 1005A: Option 1 Low Complexity Case Review and Hearings (< $500k) - Up to 12 hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2027 to
11/18/2028
1005B CLIN 1005B: Option 1 Moderate Complexity Case
Review and Hearings (> $500k) - From 12 - 18
Hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2027 to
11/18/2028
1005C CLIN 1005C: Option 1 High Complexity Case
Review and Hearings (> $500k) - From 18 - 24
Hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
Period of Performance: 11/19/2027 to
11/18/2028
1006 CLIN 1006: Option 1 Case Review Overtime (T&M)
Informational CLIN:
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2027 to
11/18/2028
1006A CLIN 1006A: Option 1 Low Complexity Overtime
<$500k - Up to 12 hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2027 to
11/18/2028
1006B CLIN 1006B: Option 1 Moderate Complexity
Overtime >$500k - From 12 - 18 Hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2027 to
11/18/2028
1006C CLIN 1006C: Option 1 High Complexity Overtime
>$500k - From 18 - 24 Hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
Period of Performance: 11/19/2027 to
11/18/2028
2002 CLIN 2002: Option 2 PMO Personnel (FFP
Monthly)
NTE 4% of CLIN 2005/2006
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
TO BE EXERCISED AT THE DISCRETION OF THE
GOVERNMENT.
TO BE EXERCISED AT THE DISCRETION OF THE
GOVERNMENT.
2003 CLIN 2003: Option 2 - Travel and Miscellaneous
(T&M)
Informational CLIN:
Hotel: 26 Trips / 2 Days
Per Diem: 26 Trips / 3 Days
Car Rental: 26 Trips / 3 Days
Gas: 26 Trips
Airline Ticket: 26 Trips
Taxi/Uber: 26 Trips
Facility Rental: 2 Trips
Miscellaneous: 26 Trips
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
2003A Funding CLIN 2003 - Option 2
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
TO BE EXERCISED AT THE DISCRETION OF THE
GOVERNMENT.
2004 CLIN 2004: Option 2 - Travel & Training Time
(LH)
Informational CLIN:
Travel Time - Badging and GFE: 15 Trips / 1
Arbitrator
Travel Time - Arbitrations (less than or equal to $500k): 8 Trips / 1 Arbitrator
Travel Time - Arbitrations (greater than
$500k): 1 Trip / 3 Arbitrators
Training Time: 15 Arbitrators
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
2004A Funding CLIN 2004 - Option 2
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
Period of Performance: 11/19/2028 to
11/18/2029
2005 CLIN 2005: Option 2 Case Review and Arbitration
Hearings (FFP)
Informational CLIN:
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
TO BE EXERCISED AT THE DISCRETION OF THE
GOVERNMENT.
2005A CLIN 2005A: Option 2 Low Complexity Case Review and Hearings (< $500k) - Up to 12 hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
2005B CLIN 2005B: Option 2 Moderate Complexity Case
Review and Hearings (> $500k) - From 12 - 18
Hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
2005C CLIN 2005C: Option 2 High Complexity Case
Review and Hearings (> $500k) - From 18 - 24
Hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
2006 CLIN 2006: Option 2 Case Review Overtime (T&M)
Informational CLIN:
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
2006A CLIN 2006A: Option 2 Low Complexity Overtime
<$500k - Up to 12 hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
2006B CLIN 2006B: Option 2 Moderate Complexity
Overtime >$500k - From 12 - 18 Hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
2006C CLIN 2006C: Option 2 High Complexity Overtime
>$500k - From 18 - 24 Hours
(Option Line Item)
Date Option to be Exercised 1
Product/Service Code: R418
Product/Service Description: SUPPORT-
PROFESSIONAL: LEGAL
Period of Performance: 11/19/2028 to
11/18/2029
Contract Administration
Identification of Government Officials:
Administrative Contracting Officers: Lisa
Thibodeaux, Lisa.Thibodeaux@fema.dhs.gov /
504-250-1022 and Sharon Edwards, Sharon.Edwards3@fema.dhs.gov / 202-714-4838.
Contracting Officer Representative (COR) Sonia
Hancock, Sonia.Hancock@fema.dhs.gov /
202-674-3549.
Wage Determinations:
For any staff working remotely at their
Residence of Record (ROR) or Contractor’s office of record, the Wage Determination for their specific work location shall be used. See
SAM.gov website to lookup the appropriate Wage
Determination: SAM.gov | Wage Determinations.
(Santa Fe, New Mexico for On-site; and individual locations for Specialists working
ROR).
Payment and Invoicing
An original and one copy of each invoice dated the same date and referencing the task order number will be submitted as follows: Original invoice to the FEMA Finance Center (FFC) electronically to:
FEMA-Finance-Vendor-Payments@fema.dhs.gov in read-only format, and the supporting documentation will be supplied as an attachment. Please include the Contract and
Task Order Number on all submitted invoices for this service.
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
AI Language
The Contractor will not use or deploy the use of Artificial Intelligence, as defined by 15
U.S.C. 9401(3), unless expressly authorized by the Contracting
Officer.
The term 'artificial intelligence' means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to – perceive real and virtual environments abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action.
A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance
G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions,Conditions, and Notices to Bidders M - Evaluation Factors for Award
A - Solicitation/Contract Form
52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation AUG 2025)
As prescribed in 40.205(a), insert the following provision:
SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (DEVIATION DATE)
(a) Definitions. As used in this provision-—
Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause
52.240-91, Security Prohibitions and Exclusions.
Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
Marginalized populations of Sudan means—
(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and
Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person
(as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(b) Procedures.
(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for
Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”
(2) FASCSA Orders.
(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security
Prohibitions and Exclusions.
(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).
(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—
(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and
(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).
(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.
(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.
(f) Iran Representation and Certifications.
(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer— https://www.sam.gov/
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C.
1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see
OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-
List/Pages/default.aspx)
(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—
(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.
(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(g) Disclosure.
(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:
(i) Contract number and order number, if applicable;
(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;
(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand;
model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number;
and item description, as applicable);
(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government
Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));
(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;
(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);
(vii) Whether alternative products or services are available that would be compliant with the prohibition;
(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:
(A) Brand;
(B) Model number, OEM number, manufacturer part number, or wholesaler number; and
(C) Item description, as applicable.
https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx mailto:CISADA106@state.gov
(ix) Any readily available information about mitigation actions undertaken or recommended.
(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:
(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.
(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.
(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.
(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.
(End of provision)
52.240-91 Security Prohibitions and Exclusions. (Deviation AUG 2025)
As prescribed in 40.205(b), insert the following clause:
SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION DATE)
(a) Definitions. As used in this clause—
American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security
Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the
Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by https://dibnet.dod.mil/ https://www.sam.gov/ Lisa Thibodeaux Highlight
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company
(or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of
Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in
Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration
Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018
(50 U.S.C. 4817).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an
American Security Drone Act—covered foreign entity.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act
(FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland
Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of
FASCSA order may be referred to as a DNI FASCSA order.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the
Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Kaspersky Lab-covered article means any hardware, software, or service that—
(1) Is developed or provided by a Kaspersky Lab-covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.
Kaspersky Lab-covered entity means—
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the
Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).
Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).
(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:
(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));
(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year
2018 (Pub. L. 115-91));
(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.
(1) Prohibition. The Contractor is prohibited from—
(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense
Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);
(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and
(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system
(section 1825 of Pub. L. 118-31).
(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the
Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.
(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made.
See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.
(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.
(1) Certain telecommunications and video surveillance equipment, systems, or services.
(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).
(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—
(A) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or
(B) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Office of Foreign Assets Control Restrictions.
(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.
(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.
(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.
(B) For more information about these restrictions, as well as updates, see OFAC’s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.
(C) To conduct electronic screens of potential parties to regulated transactions, see the consolidated screening list at https://www.trade.gov/consolidated-screening-list, which consolidates multiple export screening lists of the Departments of
Commerce, State, and the Treasury.
(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-174).
(4) Iran prohibitions.
(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran (section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).
(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the President, and has an active exclusion in SAM (22 U.S.C.
8515).
(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is subject to trade agreements and the offeror certifies that all the offered products are designated country end products or designated country construction material (see part 25).
(iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic
Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)).
(e) Governmentwide exclusion and removal orders.
(1) Unless the Government has issued an applicable waiver,…
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