36C24426Q0690_1.docx

DOCX document 117 KB Posted

Attached to
U099--Active Shooter Exercise 36C24426Q0690
Solicitation number
36C24426Q0690
Issued by

About this file

This is a Combined Synopsis/Solicitation Notice for a firm fixed-price contract to conduct a full-scale Active Shooter Exercise and simulated Mass Casualty Incident (MCI) at the Altoona/James E. Van Zandt VA Medical Center in Pennsylvania. The Department of Veterans Affairs Veterans Health Administration is seeking a contractor to design, develop, and execute a comprehensive exercise in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP) methodology. The exercise will involve approximately 30 participants from law enforcement, fire/EMS, emergency management, clinical emergency response teams, dispatch centers, public information officers, behavioral health, and support agencies. The period of performance runs from July 15, 2026 (kickoff meeting) through September 30, 2026, with an estimated 10-week duration. The place of performance is primarily Building 2 and the Urgent Care Clinic at the medical center located at 2907 Pleasant Valley Boulevard, Altoona, PA 16602.

The contractor must provide all necessary personnel, supplies, equipment, materials, and disposal services to execute the exercise. Key deliverables include a project plan and timeline, exercise design package (ExPlan, Controller/Evaluator Handbook, Master Scenario Events List, Safety and Communications Plans), execution support (site setup, role players, moulage, logistics, and control), and evaluation products (After-Action Report/Improvement Plan with findings and recommendations). The solicitation specifies seven measurable objectives aligned with SMART criteria, including alert notification within 5 minutes, unified command establishment within 30 minutes, tactical operations coordination within 15 minutes, medical triage and transport of 90% of simulated patients within 60 minutes, interoperable communications with no more than 5% critical message failures, 100% patient accountability, initial public information release within 45 minutes, and identification of minimum 10 actionable improvement items. The response deadline is July 2, 2026 at 1:00 PM Eastern Time. This is a total small business set-aside (SDVOSBC) under NAICS code 561612 with a size standard of $29 million. The contract is to be awarded on a Lowest Price Technical Acceptable (LPTA) basis, with invoicing upon receipt, inspection, and acceptance by the government. Payment will be made via electronic funds transfer to the Austin Payment Center.

View the file

Other files

File Type Posted
36C24426Q0690 0001_3.docx DOCX document
Wage Determination 2015-4221 Rev 34 13 May 2026.pdf PDF

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

36C24426Q0690

SUBJECT*
Active Shooter Exercise Altoona VAMC

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE*
15215
SOLICITATION NUMBER*
36C24426Q0690
RESPONSE DATE/TIME/ZONE
07-02-2026 1:00 PM EASTERN TIME, NEW YORK, USA
ARCHIVE
7 DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
N
SET-ASIDE
SDVOSBC
PRODUCT SERVICE CODE*
U099
NAICS CODE*
561612
CONTRACTING OFFICE ADDRESS
Department of Veterans Affairs

Network Contracting Office 4

1010 Delafield Road Pittsburgh PA 15215

POINT OF CONTACT*

Jason Crockett Contracting Specialist jason.crockett@va.gov

PLACE OF PERFORMANCE

ADDRESS
Altoona / James E. Van Zandt VA Medical Center

2907 Pleasant Valley Boulevard

Altoona PA

POSTAL CODE
16602

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice This is a Non-Personal Firm Fixed requirement for a simulated Mass Causality Incident (MCI) Active Shooter Exercise in accordance with Homeland Security Exercise and Evaluation Program (HSEEP). Contractor shall provide all necessary personnel, supplies, equipment, materials, and disposal necessary to provide the simulated exercise for Altoona / James E. Van Zandt VA Medical Center, 2907 Pleasant Valley Boulevard, Altoona, PA 16602.

*= Required Field
Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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: CONTRACTOR PLEASE COMPLETE

a. CONTRACTOR:

POC:

TEL:

EMAIL:

b. GOVERNMENT: Contracting Officer: Stephanie McFadden stephanie.mcfadden@va.gov

Contract Specialist:Jason Crockett
jason.crockett@va.gov

Program POC:

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X]
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] Upon receipt, inspection and acceptance by the Government.

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.

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

Page 1 of

B.2 STATEMENT OF WORK

Mass Casualty Incident – Active Shooter Exercise General Information General: This is a Non-Personal Firm Fixed requirement for a simulated Mass Causality Incident (MCI) Active Shooter Exercise in accordance with Homeland Security Exercise and Evaluation Program (HSEEP). Contractor shall provide all necessary personnel, supplies, equipment, materials, and disposal necessary to provide the simulated exercise for Altoona / James E. Van Zandt VA Medical Center, 2907 Pleasant Valley Boulevard, Altoona, PA 16602.

Period of Performance: Anticipated start of performance is July 15, 2026 (Kickoff meeting) with an estimated ten (10) week duration.

Place of Performance: Altoona / James E. Van Zandt VA Medical Center primarily at Building 2 and the Urgent Care Clinic.

Scope of Contract: Full-Scale Exercise utilizing an estimated thirty (30) participants from law enforcement, fire / EMS, emergency management, clinical emergency response teams, dispatch / Public Safety Answering Point (PSAP), Public Information Officer (PIO) / Joint Information System (JIS), behavioral health, and support agencies. Staging areas, exercise venue, patient collection points, hospitals (real or simulated), Emergency Operations Center (EOC) / dispatch centers will be utilized. Dependencies for the exercise are Existing plans (Emergency Operations Plan (EOP) / Emergency Support Functions (ESF), active assailant Standard Operating Procedures (SOPs), Rescue Task Force (RTF) protocols, hospital surge plans), Memorandums of Understanding (MOUs), and regional mutual aid.

Type of Contract: Firm Fixed Price.

Contract Changes: Any contract changes will be completed through contract modifications by the Contracting Officer.

Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Acronyms:

AAR - After Action Review C/E - Controller/Evaluator C&O - Concept and Operations EOC - Emergency Operations Center EOP - Emergency Operations Plan ESF - Emergency Support Functions HSEEP - Homeland Security Exercise and Evaluation Program IAP - Incident Action Plan ICS - Incident Command System IP - Improvement Plan JIS - Joint Information System MCI - Mass Casualty Incident MOU - Memorandum of Understanding MSEL - Master Scenario Events List NIMS - National Incident Management System RFT - Rescue Task Force SOP - Standard Operating Procedures

Objectives (SMART)

Alert/Notification: Validate timely activation of incident notification protocols within 5 minutes of scenario start.

Unified Command: Establish ICS Unified Command and complete an initial IAP within 30 minutes.

Tactical Operations: Coordinate law enforcement threat neutralization and RTF insertion within 15 minutes of law enforcement arrival.

Medical Operations: Triage, treat, and transport a minimum of 90% of simulated patients to appropriate destinations within 60 minutes.

Communications: Demonstrate interoperable voice/data communications with no more than 5% of critical message failures.

Hospital & EMS Surge: Activate surge plans and track patient distribution in real-time (or near-real-time) with 100% documented accountability.

Public Information: Issue initial JIS release within 45 minutes and conduct family reunification coordination within 120 minutes.

After-Action: Identify a minimum of 10 actionable improvement items with assigned owners and timelines.

Deliverables

Project Plan & Timeline: Gantt-style or similar.

Exercise Design Package: ExPlan, C/E Handbook, MSEL, Safety & Communications Plans.

Execution Support: Site setup, role players, moulage, logistics, and control.

Evaluation Products: AAR/IP with findings and recommendations.

Hotwash & Debriefs.

Tasks & Phasing Phase 1 – Initiation: Kickoff, confirm objectives, scope, stakeholders.

Phase 2 – Design & Development: Draft ExPlan, MSEL, recruit participants.

Phase 3 – Readiness: C&O Brief, training, site walkthrough.

Phase 4 – Conduct: Execute exercise, monitor safety, collect data.

Phase 5 – Evaluation & Improvement: Hotwash, AAR/IP, corrective actions.

Standards & Compliance HSEEP methodology for design, conduct, evaluation, and improvement planning.

NIMS / ICS for command, control, resource typing, and communications. Applicable local, state, and federal safety, privacy, and law enforcement policies.

Methodology Scenario-based progression with inject-driven escalation from threat response to medical surge and public information. Use of realistic but safe simulation: no live weapons; inert training aids; safety controllers in all zones.

Roles & Responsibilities Consultant: Lead design, facilitation, evaluation; produce all deliverables; enforce safety.

Client Lead: Approve materials; coordinate agencies.

Safety Officer(s): Oversee safety controls. Controllers/Evaluators: Manage lanes and injects.

Safety & Security Requirements Weapons-free exercise (no live ammunition; inert training aids only). Mandatory safety briefings. Medical standby; weather/heat stress plans; PPE requirements per role.

Acceptance Criteria All deliverables are provided on schedule and approved by Client Lead. Exercise conducted without safety incidents. AAR/IP includes specific, measurable corrective actions.

End of Statement of Work - Mass Casualty Incident – Active Shooter Exercise

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
EA
__________________
__________________

Active Shooter Exercise as outlined in the Statement of Work (SOW) Contract Period: Base POP Begin: 07-15-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561612 - Security Guards and Patrol Services PRODUCT/SERVICE CODE: U099 - Education/Training - Other

GRAND TOTAL
__________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER
SHIPPING INFORMATION
QUANTITY
DELIVERY DATE
0001
SHIP TO:
Altoona / James E. Van Zandt VA Medical Center

2907 Pleasant Valley Boulevard Altoona, PA 16602

USA

1.00
15 Jul 2026 - 30 Sep 2026
MARK FOR:
Timothy Hileman

814-943-8164 EXT 17536

Timothy.Hileman@va.gov

FOB:
DESTINATION

Solicitation: 36C24426Q0690

Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 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 https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR Number
Title
Date
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
NOV 2023
52.203-19
PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.209-10
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
NOV 2015
52.212-4
CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOV 2023
52.219-6
NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (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
52.222-36
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (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
52.222-50
COMBATING TRAFFICKING IN PERSONS (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 13706 (DEVIATION)
NOV 2025
52.226-8
ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
MAY 2024
52.232-33
PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT
OCT 2018
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
MAR 2023
52.233-3
PROTEST AFTER AWARD
AUG 1996
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
OCT 2004

C.2 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.3 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any VAAR (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

Page 1 of

Page 1 of

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: Wage Determination 2015-4221 Rev 34 13 May 2026.

Page 1 of

Page 1 of

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 https://www.va.gov/oal/library/vaar/

(End of Provision)

FAR Number
Title
Date
52.203-18
PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION
JAN 2017
52.212-1
INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
SEP 2023
852.209-70
ORGANIZATIONAL CONFLICTS OF INTEREST
OCT 2020

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest Price Technical Acceptable (LPTA)

Technical and past performance, when combined, are .

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

E.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) (13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, means a small business concern that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561612.

(2) The small business size standard is $29 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not a small business concern; or

(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not, a women-owned small disadvantaged business concern.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern.] The offeror represents as part of its offer that it [ ] is, [ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________________.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.

(d) Notice.

Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—

(1) Punished by imposition of fine, imprisonment, or both;

(2) Subject to administrative remedies, including suspension and debarment; and

(3) Ineligible for participation in programs conducted under the authority of the Act.

(End of Provision)

E.4 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any VAAR Acquisition Regulation (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision) E.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) End of Document

Page 1 of

Page 1 of image1.png

File details come from the government source that posted it. Updated .