36C24226Q0935 - Courier Services - 528A8.pdf
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- Solicitation number
- 36C24226Q0935
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Summary
This is a Request for Quote (RFQ) for an Indefinite Delivery/Indefinite Quantity (IDIQ) firm-fixed-price contract for courier services at the Stratton VA Medical Center in Albany, New York. The Department of Veterans Affairs, Network Contracting Office (NCO) 2, is seeking a contractor to provide same-day courier services for the pickup and delivery of laboratory specimens, pharmaceuticals, medical supplies, office supplies, and mail from October 1, 2026, through September 30, 2031, across multiple locations in the Albany region. The contract has a minimum order value of $1,000 and maximum value of $1,000,000. This is a 100% small business set-aside with a NAICS code of 492210 and size standard of $34 million.
Quotes must be submitted electronically to daniel.zielinski@va.gov by September 9, 2026, at 3:00 PM EDT. The evaluation will assess technical capabilities, including proposed methods, driver qualifications (OSHA Bloodborne Pathogens, DOT HAZMAT, HIPAA, frozen transportation, and dry ice training), vehicle specifications (climate-controlled with spill kits and PPE), and response time adherence. Pickup deadlines include 2:00 PM EST from Catskill, Clifton Park, and Fonda locations and 1:00 PM EST from Oneonta, with specimen delivery required to the Albany Stratton VAMC Laboratory by 3:00 PM EST on the same business day. Offerors must provide a 20-page narrative, evidence of required training, past performance examples (limited to three), completed pricing schedule, and disclosure of any recent regulatory violations or adverse actions. Insurance requirements include $500,000 general liability, $200,000 per person/$500,000 per occurrence automobile liability, and workers' compensation coverage.
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
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
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
None
None 36C24226Q0935 09-01-2026
Daniel Zielinski 716-862-7461 EXT.22380 09-09-2026
15:00 EDT
36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215
X 100
X
492210
$34 Million
N/A
Department of Veterans Affairs Stratton VA Medical Center
113 Holland Avenue Albany NY 12208
36C528
Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215
Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/
Courier services for the Stratton VA Medical Center.
For additional details see the attached statement of work.
X 1
Daniel Zielinski Contracting Officer
36C24226Q0935
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 STATEMENT OF WORK
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
SECTION C - CONTRACT CLAUSES
C.1 52.216-18 ORDERING (AUG 2020)
C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)
C.3 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)
C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(DEVIATION APR 2026)
C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
E.3 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (DEVIATION)
E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)
(DEVIATION)
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
E.8 52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT
LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES—CERTIFICATION
(NOV 2025) (DEVIATION)
E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C242
Department of Veterans Affairs
Network Contracting Office (NCO) 2
3495 Bailey Avenue
Building 3, 2nd floor
Buffalo NY 14215
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Monthly
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 STATEMENT OF WORK
B.2.1 GENERAL
1. This firm-fixed price requirement is for courier services for the pickup and subsequent delivery of laboratory specimens, pharmaceuticals, medical supplies, office supplies, and mail at the Stratton VA Medical Center, located at 113 Holland Avenue, Albany, NY 12208 and additional locations listed below, from 10/01/2026 to 09/30/2027, including four (4) ordering periods.
2. The contractor shall provide all personnel, labor, equipment, supervision, and transportation (vehicles and gasoline) necessary to perform same day (inside pickup) routine courier services.
3. PICKUP/DELIVERY LOCATIONS
a. Stratton VA Medical Center
113 Holland Avenue Albany NY, 12208
b. 20 Madison Avenue Extension
Albany, NY 12203
c. Green Arts Medical Building 159 Jefferson Heights, Suite D305 Catskill, NY 12414
d. 963 Route 146
Clifton Park, NY 12065
e. 2623 State Highway 30A Fonda, NY 12068
f. 1 Fox Care Drive
Oneonta, NY 13820
g. 33 Depot Steet
Saranac Lake, NY 12938
h. 7426 NYS Route 9N Westport, NY 12993
B.2.2 PERSONNEL AND TRAINING
1. The contractor shall have all necessary licenses, and follow applicable federal, state, and/or local regulations.
2. The contractor shall ensure all drivers possess and maintain a valid driver's license for the type of vehicle operated as required by the State of New York.
3. All drivers handling medical/laboratory materials must complete annual OSHA Bloodborne Pathogens (BBP), DOT Hazardous Materials (HAZMAT), Health Insurance Portability and Accountability Act (HIPPA), frozen transporation, and dry ice training.
4. The contractor shall ensure all personnel carry valid identification and comply with facility access and security protocols.
5. The contractor shall provide a list of personnel including drivers, office personnel, and whom to contact in case of emergency. The list shall include names and phone numbers. The contract manager, drivers, and alternates, must be able to read, write, speak, and understand English. An updated listing will be provided as changes in personnel occur.
6. Drivers should not make non-emergent stops.
B.2.3 EQUIPMENT AND VEHICLES
1. The contractor shall furnish fully insured, climate-controlled vehicles equipped to maintain specific temperature requirements for medical supplies, pharmaceuticals, and specimens (e.g., frozen, refrigerated, and room temperature).
2. The contractor shall provide spill kits and personal protective equipment (PPE) in all vehicles to safely handle potential biohazard leaks.
3. The Government reserves the right to thoroughly inspect and investigate the establishments’ vehicles.
B.2.4 TRANSPORTATION AND CONTAINERS
1. The contractor shall pick up all empty containers and other line items from the delivery site and return them to the specified clinic location at the following schedule pick-up date/time.
2. Specimen containers and any other supplies necessary including shipping containers, tapes, and labels will be provided by the Albany Stratton VAMC.
3. However, the courier will be liable for replacement of any container that is lost or damaged while in their care. Prior to pick-up, courier will visibly inspect the container(s) for damage. If any container is found to be damaged, he/she will notify the VAMC for replacement.
4. Each container will be marked with a ship to address and a sent from address for its proper identification.
5. All containers shall be transported in a manner that will ensure all specimens are delivered in the same condition in which they were received by the courier service (specimen in wire rack and in upright position or biohazard bags, unbroken vials or bottles).
6. The contractor transporting vehicles shall be equipped with appliances and/or containers and other necessary items to always maintain appropriate temperatures for frozen and/or refrigerated specimens from pick-up point to final drop-off point. All vehicles shall have heating and air conditioning to maintain a temperature between 65 and 85 degrees Fahrenheit. During transportation of specimens from the clinic, the courier service will, in all aspects, try to prevent any extreme temperature changes to the coolers causing the ice to melt. Vehicles should not be left in extreme heat or cold while specimens, pharmaceuticals, and films are being transported. Damages that occur due to improper temperature controls will be levied against the Contractor.
B.2.5 SPECIFIC TASK AREAS
1. LABORATORY SPECIMENS
a. The contractor shall transport various specimens – including blood, tissue, and body fluids – in compliance with OSHA, Center for Disease Control and Prevention (CDC) and Department of Transportation (DOT) regulations.
b. The contractor shall adhere strictly to a documented chain of custody. Drivers must sign in as required, verify and sign off on log sheets/books, noting the number of packages, time of pickup, and time of delivery.
c. Specimens will not be left without ensuring that Laboratory Service personnel have acknowledged receipt of the container(s).
2. PHARMACEUTICALS
a. The contractor shall transport pharmaceutical stock replenishments on a routine basis.
b. The contractor shall adhere strictly to a documented chain of custody. Drivers must sign in as required, verify and sign off on log sheets/books, noting the number of packages, time of pickup, and time of delivery.
3. MEDICAL SUPPLIES
a. The contractor shall transport bulk medical supplies on a routine basis.
b. The contractor shall ensure that delicate or temperature-sensitive medical supplies are kept within manufacturer-prescribed temperature rangers during transit.
4. OFFICE SUPPLIES AND MAIL
a. The contractor shall pick up and deliver bulk office supplies, files, and inter-office mail on a routine basis.
b. All sensitive, personally identifiable information (PII) and confidential documents must be transported in lockable, tamper-evident containers or bags.
B.2.6 HOURS OF OPERATION AND RESPONSE TIMES
1. The contractors shall perform scheduled pickups and deliveries five (5) days a week, Monday through Friday, excluding weekends and federal holidays.
2. Federal holidays observed are New Years Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.
3. Pickups will be made from Catskill, Clifton Park, and Fonda CBOC(s) no later than 2:00pm EST.
4. Pickups will be made from Oneonta CBOC no later than 1:00pm EST.
5. Specimen deliveries (inside delivery) must be made on the same day that pickups are made to the Albany Stratton VAMC Laboratory Service, no later than 3:00pm EST.
6. Routine deliveries must be made on the same day that pickups are made to the Albany Stratton VAMC Warehouse and Mail Room, located in the basement.
7. The specified deadlines are extremely critical to the integrity of the specimens and will be closely monitored for compliance. Failure to maintain the specified schedule will be consideration for contract termination.
B.2.7 CONFIDENTIALITY AND SECURITY
1. The contractor shall comply with the Health Insurance Portability and Accountability Act (HIPPA) and Private Party Act of 1974. The contractor may be required to sign a Business Associate Agreement (BAA) to protect patient health information. Under no circumstances shall the contractor release or disclose records, specimens, or analytical data to unauthorized third parties.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBE
R
DESCRIPTION OF
SUPPLIES/SERVI
CES
QUANTI
TY
UNI
T UNIT PRICE AMOUNT
1.00
See attached Price Worksheet. Estimated quantities provided on price worksheet are for evaluation purposes only.
IDIQ Minimum - $1,000.00 IDIQ Maximum - $1,000,000.00 Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2031
GRAND TOTAL _______________
SECTION C - CONTRACT CLAUSES
C.1 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/01/2026 through 09/30/2031.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor’s email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of IDIQ Maximum;
(2) Any order for a combination of items in excess of IDIQ Maximum; or
(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
C.3 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after 09/30/2031.
(End of Clause)
C.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)
C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
(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:
https://www.sam.gov
(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 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.
https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://www.trade.gov/consolidated-screening-list
(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, contractors shall not provide or use as part of the performance of the contract 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 as follows:
(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.
(ii) For all other solicitations and contracts, DHS FASCSA orders apply.
(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders.
(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.
(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).
(f)Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.
(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that this clause prohibits.
(h) General report.
https://www.sam.gov/
(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), that any product or service provided or used (or to be provided or used) during contract performance does not comply with any prohibition in this clause, then the Contractor shall report the following information, or as much information is known, in writing to the contracting office as identified in paragraph (h)(2) within 72 hours:
(i) Contract number and order number, if applicable;
(ii) The specific prohibition the product or service is not complying with;
(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 contractor would like the Government to consider a waiver, and asks for such a waiver);
(vii) Whether alternative products or services are available that would comply 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 implemented or recommended.
(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as follows:
(i) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.
(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer.
(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.
https://dibnet.dod.mil/
(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new information.
(4) The contractor shall also report the information in paragraph (h)(1) if the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification.
(i) New FASCSA orders report.
(1) During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (e) of this clause.
(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.
(3) The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this clause if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s). For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. The Contractor shall report the following information within 72 hours for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order:
(i) Contract number and order number, if applicable;
(ii) Name of the covered article or source subject to a FASCSA order;
(iii) The specific FASCSA order the product or service does not comply with;
(iv) The elements of (h)(1)(iii) through (ix) of this clause.
(j) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (j) but excluding subparagraphs (d)(1) and (i)(1), in all subcontracts and other contractual instruments, including subcontracts for acquiring commercial products or commercial services.
(End of Provision)
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000.00 per occurrences.
(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.
(End of Clause)
C.7 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/far-overhaul/far-part-deviation-guide/far-overhaul-part-
52#FAR_52_252_2
http://www.va.gov/oal/library/vaar/index.asp
(End of Clause)
FAR
Number
Title Date
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (DEVIATION)
OCT 2025
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT ALTERNATE I (NOV 2021)
JUN 2020
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE
(DEVIATION)
NOV 2025
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
JAN 2025
SUSPENDED, PROPOSED FOR DEBARMENT, OR
VOLUNTARILY EXCLUDED
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION
REGARDING RESPONSIBILITY MATTERS
OCT 2018
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED
DOMESTIC CORPORATIONS
NOV 2015
52.217-8 OPTION TO EXTEND SERVICES NOV 1999
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE
(DEVIATION)
NOV 2025
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS
(DEVIATION)
NOV 2025
52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION) NOV 2025
52.219-28 POSTAWARD SMALL BUSINESS PROGRAM
REREPRESENTATION (DEVIATION)
NOV 2025
52.222-3 CONVICT LABOR (DEVIATION) NOV 2025
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION) NOV 2025
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES (DEVIATION)
NOV 2025
52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION) NOV 2025
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE
NATIONAL LABOR RELATIONS ACT (DEVIATION)
NOV 2025
52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION) NOV 2025
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL
HIRES
MAY 2014
52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE
CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT
(MULTIPLE YEAR AND OPTION CONTRACTS)
(DEVIATION)
NOV 2025
52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) NOV 2025
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS
UNDER EXECUTIVE ORDER 14026 (DEVIATION)
NOV 2025
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER…
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