36C24127Q0004.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

VAMC Manchester

718 Smyth Road Manchester NH 03104

POINT OF CONTACT*

Contract Specialist Nathan Langone Nathan.Langone@va.gov

PLACE OF PERFORMANCE

950 Campbell Ave

West Haven CT

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

COMBINED SYNOPSIS/SOLICITATION

West Haven Grounds Maintenance VA Connecticut Healthcare System – West Haven VAMC

Solicitation Number: 36C24127Q0004 Posted Date: October 20th, 2026 Response Deadline: October 29th, 2026, 10:00 AM Eastern Time Set-Aside: Total Small Business Set-Aside NAICS Code: 561730 – Landscaping Services Size Standard: $9.5 Million Product Service Code (PSC): S208 – Grounds Maintenance Contract Type: Firm-Fixed Price (FFP) Place of Performance: VA Connecticut Healthcare System, 950 Campbell Avenue, West Haven, CT 06516

1. GENERAL INFORMATION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format prescribed in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued separately.

This solicitation is issued as a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01.

This acquisition is set aside 100% for Small Business in accordance with FAR 19.502-2. Offerors must be registered and active in SAM.gov at the time of offer submission and at time of award.

2. REQUIREMENT OVERVIEW

The Department of Veterans Affairs (VA), Network Contracting Office 1 (NCO 1), on behalf of the VA Connecticut Healthcare System, requires comprehensive grounds maintenance, snow and ice removal, and storm drain maintenance services at the West Haven VA Medical Center. Services are required to support 24/7 Medical Center access and operations for veterans and staff year-round.

3. STATEMENT OF WORK (SOW)

3.1 Background

The VA Connecticut Healthcare System requires annual services for grounds maintenance, snow and ice removal, hauling, and treatment services at the West Haven VA Medical Center, located at 950 Campbell Avenue, West Haven, CT 06516.

3.2 Scope of Work

The Contractor shall furnish all labor, materials, equipment, tools, supervision, disposal, and all incidentals necessary to perform grounds maintenance, snow and ice removal, and storm drain cleaning services as described herein. The Contractor shall coordinate all work with the VA COR and designated representatives of Facilities Management Service.

3.3 Contractor Qualifications

To be eligible for award, the Contractor shall:

· Maintain a field service representative located within 200 miles of the West Haven Campus and capable of responding within two (2) hours.

· Possess proper equipment, materials, and support to provide all services under this contract.

· Provide, upon request, documentation of certification and training on specific equipment used under this contract.

· The CO and/or COR reserve the right to reject any Contractor personnel and refuse permission to work on-site based on credentials or conduct.

3.4 Description of Services

3.4.1 Snow and Ice Removal

Snow Removal (SOW §1.1) The Contractor shall remove snow from all sidewalks, steps, stairs, stair and ramp landings, entrance ramps, roadways, roads, parking lots, and parking structures across the West Haven VA campus as delineated in Appendix A (Snow Removal Map) and Appendix D (Lots and Roads). All snow removal zones are considered high priority and shall be worked simultaneously. Snow piling will be in designated locations per the COR.

· Snow removal shall commence when on-site accumulation reaches one (1) inch and/or within one (1) hour after snowfall stops, whichever occurs first.

· Snow removal shall continue until all accumulation has ended and all covered surfaces are fully cleared.

· When snowfall is forecasted, the Contractor shall pretreat all snow removal zones at least two (2) hours prior to each forecasted event.

· Snow shall not be piled on paved areas (roads or parking lots). Piles shall maintain safety and maximize usable parking area.

· The Contractor shall clear all handicap access points throughout the campus at all times.

· Snow removal quantities are based on total snowstorm accumulation as reported by the National Weather Service https://www.weather.gov/ for West Haven, CT. Contract quantities include up to 50 inches of snow and 5,000 lbs of ice melt. Amounts exceeding contract quantities require Contracting Officer authorization via contract modification.

· Ice melt application shall be included with every snow and ice removal event.

· All ice and snow melt materials shall be provided by the Contractor.

Snow removal shall cover the following areas:

Roadways and Drives: Campbell Avenue Entrance, Spring Street Entrance, Lawson Road, Service Road, Building 1 Loading Dock, Building 2 Loading Dock, Building 2 Main Entrance, Building 5 Main Entrance, Ambulance Bay, Ring Road, Building 19, Building 16, and Veterans Drive.

Parking Lots (1,378 regular spaces / 129 accessible spaces): Parking Lots 1, 2, 4, 5, 6, 7, 8, 10, 14, 15, 16, 18, 24, Emergency Room, and Fisher House.

Sidewalks and Building Entrances (12,636 SF total): All areas as identified in the West Haven VA Medical Center Sidewalk/Walkway and Building Entrance Inventory.

Ice Removal (SOW §1.2) The Contractor shall immediately treat and remove ice on all sidewalks, steps, stairs, ramp landings, and entrance ramps. Ice removal shall commence when any accumulation occurs and/or within one (1) hour after ice stops.

· Approved ice melt product for sidewalks: Calcium Magnesium Acetate (CMA) such as Inferno or equal. Sand is not permitted.

· Approved product for roads and parking lots: Salt or other COR-approved ice control products.

· Pretreatment shall occur at least two (2) hours prior to each forecasted ice/freezing precipitation event.

· The Government will provide a bulk salt storage area on-site for Contractor use.

Personnel Management (SOW §1.3) The Contractor shall provide supervision for full utilization of staff and coordination with the VA COR. The Contractor shall provide standard log forms for COR review and approval prior to each option year and submit daily activity logs documenting all campus activities.

Response Time and Hours of Operation (SOW §1.5) The Contractor shall provide 24/7 response to snow and ice events within one (1) hour.

Parking Garage Snow Removal (SOW §1.6) Prior to each winter season (no later than November 1 of each contract year), the Contractor and COR shall conduct a pre-season walkthrough of the garage. The Contractor shall provide a written photographic damage report within 10 calendar days of the walkthrough.

Snow removal from the garage roof deck shall use approved equipment only. Plow trucks shall not exceed 10,000 lbs fully loaded. Plow cutting edges contacting precast surfaces shall have well-maintained rubber tipper blades. Snow piling on the garage deck is not authorized; plows shall be held approximately 1 inch from the deck surface and approach seams at no greater than a 75-degree angle.

Parking Garage De-Icing (SOW §1.7) Prior to the first freeze of each season, the Contractor shall submit the de-icing product intended for use, with at least one alternate, and shall walk the garage with the maintenance team to inspect drains and potential problem areas. Authorized products for precast concrete surfaces are limited to Calcium Magnesium Acetate (CMA) or Urea-Based deicers. Equipment weight limits for de-icing match snow removal requirements.

Salt and De-Icing Products (SOW §1.8) All products used for snow removal and de-icing must be approved by the COR prior to use. The Contractor is responsible for providing all products required for pretreatment, snow melt, and de-icing. The Government will not provide any snow removal or de-icing products.

3.4.2 Grounds Maintenance

Mowing (SOW §2.1) The Contractor shall mow approximately 30 acres of improved grounds at the West Haven VAMC (Appendix C). Grass height shall be maintained between 3 and 6 inches. Grass clippings shall be removed and disposed of offsite or mulched when visible after mowing. Clippings shall be removed from all paved surfaces. Portable high-CFM blowers shall not be used during normal working hours near personnel or parked vehicles.

Edging (SOW §2.2) Sidewalks, driveways, curbs, and concrete or asphalt edges shall be edged at least every other mowing.

Trimming (SOW §2.3) Grass and weeds shall be trimmed around all fixed obstacles (trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks, and islands) concurrent with mowing. Trimming height shall match surrounding grass heights. Damage to trees or shrubs caused by the Contractor shall be repaired within 15 days of noticed or reported damage, including replacement with plants of the same size and type if necessary.

Irrigation (SOW §2.4) The Contractor shall maintain and conduct spring turn-on and fall winterization of the irrigation system in front of Building 2 and within the island for the main flagpole near the parking garage.

Fall Leaf Removal (SOW §2.5) Fallen leaves and branches shall be removed from all improved grounds areas (Appendix C) at intervals of not less than weekly between Labor Day and Thanksgiving each year, continuing until all tree leaves have fallen. All debris shall be disposed of offsite at an authorized disposal location in compliance with applicable local, state, and federal regulations.

Repair of Damaged Areas (SOW §2.6) Improved ground areas damaged by Contractor vehicles or equipment shall be seeded or sodded to meet the standard of surrounding areas. All other areas shall be repaired and restored to match surroundings.

Downed Tree and Limb Removal (SOW §2.7) The Contractor shall remove all downed tree limbs and fallen trees on-site. The Contractor must possess proper equipment to safely perform this work, including a bucket truck, chipper, and trained chainsaw crews.

Note: Fertilization, pest control, soil aeration, and emergency/special event services are expressly excluded from this contract.

3.4.3 Storm Drain Maintenance

Storm Drain Cleaning (SOW §4.1) The Contractor shall maintain and clean the full storm drain inventory as identified in Appendix E (West Haven) and Appendix F (Newington) on a bi-annual basis in April and October. Cleaning shall include removal of all debris from catch basins, drain pipes, and attaching structures; inspection of termination points; replacement of covers; and inspection of grates.

Annual hydro jetting of all storm drain pipes shall be performed in either April or October, with a minimum of 335 days between consecutive hydro jetting events.

The Contractor shall document and immediately notify the COR of any broken or defective catch basins or observations of discharges of sediments or pollutants into the stormwater system. A cleaning and inspection report including all deficiencies, inspection data, and photographs shall be submitted to the CO and COR within 14 calendar days of each cleaning.

Disposal (SOW §4.2) All sediment, waste materials, and liquids shall be disposed of in compliance with the National Pollutant Discharge Elimination System (NPDES) MS4 Permit and applicable Department of Natural Resources and Environment regulations. Toxicity Characteristic Leaching Procedure (TCLP) testing, if required by the destination disposal facility, is the Contractor's responsibility. Decanting into the stormwater system or sanitary sewer is strictly prohibited. Disposal reports shall be submitted to the CO and COR within 30 calendar days of each scheduled cleaning.

3.5 Performance Standards

3.6 Submittals and Deliverables

· Copy of equipment safety inspections submitted to the CO prior to use

· Copies of all personnel qualifications, training, and applicable licenses

· Electronic copy of all services performed submitted to the CO, COR, and Facilities Management Service Maintenance Supervisor within 48 hours of services provided

· Standard daily activity log forms for COR approval prior to each contract year

· Pre-season parking garage walkthrough report with photographs within 10 calendar days of walkthrough

· Storm drain cleaning and inspection reports within 14 calendar days of each cleaning

· Disposal reports within 30 calendar days of each scheduled cleaning

· Safety Plan submitted to COR prior to commencement of work

3.7 Hours of Work and Parking

Work shall be coordinated with the COR. Snow and ice removal services shall be available 24 hours a day, 7 days a week. One Contractor vehicle is permitted to park on-site Monday through Friday, 6:00 AM to 5:00 PM. Outside those hours, Contractor vehicles may park on-site only when work is actively being performed. Parking within the parking garage or patient-designated areas is strictly prohibited at all times. Parking passes for work vehicles shall be issued by the VA Police Office.

3.8 Sign-In/Badging

All Contractor personnel, subcontractors, and representatives visiting VA sites shall sign in upon arrival at Building 15 and retain a temporary VA badge prominently displayed at all times. Each individual shall record their name, company name, VA project title, reason for visit, and times of arrival and departure. After-hours site visits must be arranged in advance during normal working hours.

3.9 Safety Requirements

· The Contractor shall develop and submit a Safety Plan to the COR prior to commencing work, in accordance with the latest editions of applicable VA guidelines, NFPA, and all applicable federal and state codes, including TJC requirements.

· Per VA Directive 1805, smoking, vaping, and smokeless tobacco are prohibited on all VA grounds, including in vehicles.

· No photography of VA premises is permitted without written authorization from the Contracting Officer. Patients and staff shall not be photographed at any time.

· The Contractor shall confine all operations and material storage to areas authorized by the CO or COR.

3.10 NARA Records Management

The Contractor shall comply with all applicable federal records management requirements, including 44 U.S.C. Chapters 21, 29, 31, and 33; the Freedom of Information Act (5 U.S.C. 552); the Privacy Act (5 U.S.C. 552a); and 36 CFR Parts 1222 and 1228. All deliverables are the property of the U.S. Government. No records shall be retained, sold, or destroyed without prior written consent of the Contracting Officer.

4. CONTRACT CLAUSES AND PROVISIONS

Provisions (Pre-Award)

· FAR 52.212-1 – Instructions to Offerors – Commercial Products and Commercial Services

· FAR 52.212-3 – Offeror Representations and Certifications – Commercial Products and Commercial Services (Complete annually via SAM.gov)

· FAR 52.204-7 – System for Award Management

· FAR 52.204-16 – Commercial and Government Entity Code Reporting

· FAR 52.215-1 – Instructions to Offerors – Competitive Acquisition

· FAR 52.219-1 – Small Business Program Representations Clauses (Post-Award)

· FAR 52.212-4 – Contract Terms and Conditions – Commercial Products and Commercial Services

· FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders

· Applicable subparagraphs include:

· 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards

· 52.219-6 – Notice of Total Small Business Set-Aside

· 52.219-28 – Post-Award Small Business Program Rerepresentation

· 52.222-21 – Prohibition on Segregated Facilities

· 52.222-26 – Equal Opportunity

· 52.222-36 – Equal Opportunity for Workers with Disabilities

· 52.222-41 – Service Contract Labor Standards (Wage Determination No. 2015-4127, Revision 36 [West Haven] and Wage Determination No. 2015-4119, Revision 35 [Newington] apply and are incorporated herein)

· 52.222-50 – Combating Trafficking in Persons

· 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving

· 52.225-13 – Restrictions on Certain Foreign Purchases

· 52.232-33 – Payment by Electronic Funds Transfer – System for Award Management

· FAR 52.217-8 – Option to Extend Services

· FAR 52.217-9 – Option to Extend the Term of the Contract

· FAR 52.232-18 – Availability of Funds

· FAR 52.237-3 – Continuity of Services

· FAR 52.246-4 – Inspection of Services – Fixed Price

· VAAR 852.203-70 – Commercial Advertising

· VAAR 852.232-72 – Electronic Submission of Payment Requests

· VAAR 852.237-70 – Contractor Responsibilities

5. CLIN STRUCTURE / PRICE SCHEDULE

Offerors shall complete the following price schedule in full. All prices shall be inclusive of labor, materials, equipment, supplies, disposal, travel, overhead, and profit unless otherwise noted. No additional charges beyond those quoted below will be accepted.

BASE YEAR — November 30, 2026 – November 29, 2027

clean up

BASE YEAR TOTAL: $__________

OPTION YEAR 1 — November 30, 2027 – November 29, 2028

clean up

OPTION YEAR 1 TOTAL: $__________

OPTION YEAR 2 — November 30, 2028 – November 29, 2029

clean up

OPTION YEAR 2 TOTAL: $__________

OPTION YEAR 3 — November 30, 2029 – November 29, 2030

clean up

OPTION YEAR 3 TOTAL: $__________

OPTION YEAR 4 — November 30, 2030 – November 29, 2031

clean up

OPTION YEAR 4 TOTAL: $__________

TOTAL EVALUATED PRICE (Base Year + Option Years 1–4): $__________ Options will be evaluated in accordance with FAR 52.217-5. The Government is not obligated to exercise any option. Options may be exercised within the timeframes specified in FAR 52.217-9.

There will be a line item for Emergency and Unanticipated Grounds Services DO NOT PROVIDE PRICING FOR THIS LINE ITEM, PRICING WILL BE REQUESTED POST AWARD AS EMERGENCIES OCCUR.

6. EVALUATION CRITERIA

This acquisition will be evaluated using Simplified Acquisition Procedures in accordance with FAR Part 13. Award will be given to the Lowest Priced Technically Acceptable (LPTA) offeror whose proposal meets all the following criteria:

1. Technical Acceptability – Offeror demonstrates the capability to perform all services described in the SOW, including 24/7 snow and ice response, grounds maintenance, and storm drain cleaning; confirms field service representative within 200 miles of West Haven, CT; and provides evidence of required equipment, personnel qualifications, and licenses

2. Past Performance Acceptability – Offeror provides a minimum of three (3) references for contracts of similar scope and complexity performed within the last five (5) years; past performance will be evaluated on a Go/No-Go basis as either Acceptable or Unacceptable.

3. Price – Offeror submits a complete and realistic price schedule for all CLINs (Base Year + Option Years 1–4); award will be made to the lowest total evaluated price among all technically acceptable offerors The Government will not make an offeror whose price is determined to be unreasonably low or unbalanced.

7. PROPOSAL SUBMISSION REQUIREMENTS

Offerors shall submit the following in two separate volumes:

Volume I – Technical and Past Performance

1. Technical Capability Statement (no more than 10 pages) describing:

· Experience performing grounds maintenance, snow/ice removal, and storm drain services at a comparable facility (healthcare, institutional, or large campus)

· Equipment inventory, including snow removal and storm drain cleaning equipment

· Staffing plan and key personnel qualifications

· Management approach and quality control plan

· Confirmation of field service representative within 200 miles of West Haven, CT

2. Past Performance – Minimum three (3) references for contracts of similar scope and complexity performed within the last five (5) years, including contract number, agency/company name, POC and contact information, period of performance, contract value, and description of work Volume II – Price

1. Completed CLIN pricing schedule (Base Year + Option Years 1–4)

2. Completed Representations and Certifications (via SAM.gov or attached) Proposals shall be submitted electronically to: Contracting Specialist: Nathan Langone Email: Nathan.Langone@va.gov Network Contracting Office 1 (NCO 1) Proposal Deadline: October 29th, 2026, 10:00 AM Eastern Time Late proposals will not be accepted.

8. ADDITIONAL INFORMATION

· All offerors must be registered and active in SAM.gov at time of proposal submission and award.

· This acquisition is set aside for Small Business per FAR 19.502-2. Offerors must represent themselves as a small business under NAICS 561730 at time of offer.

· This contract is subject to the Service Contract Labor Standards (Service Contract Act) per FAR 52.222-41. The following Wage Determinations are incorporated into this solicitation and will be incorporated into the resulting contract:

· Wage Determination No. 2015-4127, Revision 36 – West Haven, CT

· Wage Determination No. 2015-4119, Revision 35 – Newington, CT Offerors are responsible for reviewing both applicable wage determinations on SAM.gov prior to submission and ensuring proposed prices reflect the required wage rates for each location.

· Questions shall be submitted in writing to the Contracting Specialist no later than October 26th, 2026, 10:00 AM Eastern Time. Questions received after this date may not receive a response.

· The Government reserves the right to make award without discussions.

· The Government reserves the right to cancel this solicitation at any time.

· The Government reserves the right to exercise option years subject to availability of funds and satisfactory contractor performance.

This solicitation is for commercial services as defined under FAR Part 2 and FAR Part 12.

END OF COMBINED SYNOPSIS/SOLICITATION

A.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30.

(End of Clause)

A.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

A.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause) A.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

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

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

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

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

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

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

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

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

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

(End of Clause) A.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(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—

(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.

(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) A.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) ALTERNATE I (NOV 2025)

(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 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 arrangement 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…