36C24827Q0036_1.docx

36C24827Q0036

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

675-27-1-2225-0001 36C24827Q0036 10-07-2026 Rohan McKenzie 407-631-8720 10-26-2026

1:00 PM

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando

FL

32827 X X 238210 $19 Million N/A X Department of Veterans Affairs Orlando VA Healthcare System 13800 Veterans Way Orlando

FL

32827 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando

FL

32827

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin

TX

78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page

a. Remove/Install Two (2) Commercial-Grade Laser/LED Projectors

b. Contractors shall review the ADDENDUM to FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, prior to submitting Request for Information and quotations.

$0.00 See CONTINUATION Page X Rohan McKenzie Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, Block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

Person administering contract for the Contractor

Address

City-State-Zip

Phone Number

Fax Number

Email Address

UEI #

Federal Tax I.D. #

1. GOVERNMENT: Contracting Officer, 36C248, Rohan McKenzie rohan.mckenzie@va.gov. 407-631-8720

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon delivery, installation and acceptance of goods.

d. To comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the Department of Veterans Affairs requires all vendors to submit invoices electronically to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with the Tungsten Corporation e‑Invoicing Network for the submission of all electronic invoices. Tungsten Network electronic invoicing is provided at no cost to VA vendors. To submit electronic invoices, vendors must register with Tungsten Network by emailing VA.Registration@tungsten-network.com or by calling (877) 752‑0900, option 2 for Enrollment.

e. For assistance with setting up electronic invoicing, vendors may use the following contact information: Tungsten Network e‑Invoice Registration: VA.Registration@tungsten-network.com

· Tungsten Network Customer Service: (877) 489-6135

· VAFSC – for Invoice receipt or payment questions, call: (877) 353-9791 or

· VAFSC Email: vafsccshd@va.gov

f. FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS

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

5. The Contracting Officer is the only individual authorized to approve changes or modify any requirement under this contract. The Contractor shall coordinate with the Contracting Officer on all matters related to contract administration. Only the Contracting Officer may make commitments or issue changes that affect the price, quantity, scope, or quality of performance. Any changes made in the direction of a person other than the Contracting Officer are considered unauthorized and will not result in an adjustment to the contract price for any additional costs incurred.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Provide Commercial-Grade Laser/LED Projector, TAA-compliant, meeting all salient characteristics, including interchangeable zoom lens appropriate for OVAMC installation geometry. Specify Make/Model: _____________________ Contract Period: Base POP Begin: 11-09-2026 POP End: 01-08-2027 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: 6730 - Photographic Projection Equipment

Removal, de-installation, of two (2) existing Christie WU7K-M lamp-based projectors in accordance the Statement of Work.

POP Begin: 11-09-2026 POP End: 01-08-2027

On-site installation of two (2) new projectors, including mounting, mechanical alignment, cabling, signal termination, and lens installation. Performed after hours, M–F, 4:30 PM–8:30 PM local time, within no more than five (5) consecutive after-hours workdays.

POP Begin: 11-09-2026 POP End: 01-08-2027

Crestron control system integration and programming, including control module development/configuration, bidirectional control verification (power, input, lens, warp/blend, status), and preservation of existing user interface functionality.

POP Begin: 11-09-2026 POP End: 01-08-2027

System testing, image optimization (focus, geometry, warp/blend, color), functional verification, as-built documentation, end-user demonstration, and formal turnover.

POP Begin: 11-09-2026 POP End: 01-08-2027

B.3 DELIVERY SCHEDULE

Medical Media (002P) 13800 Veterans Way Orlando, FL 32827 7403

USA

407-451-4298 angel.flotres-nieves@va.gov

Medical Media (002P) 13800 Veterans Way Orlando, FL 32827 7403

USA

Medical Media (002P) 13800 Veterans Way Orlando, FL 32827 7403

USA

Medical Media (002P) 13800 Veterans Way Orlando, FL 32827 7403

USA

Medical Media (002P) 13800 Veterans Way Orlando, FL 32827 7403

USA

B.4 STATEMENT OF WORK

Replacement of Two (2) Christie WU7K-M Projectors with Commercial-Grade Laser/LED Projectors

1.0 BACKGROUND

The Orlando Veterans Affairs (VA) Medical Center (OVAMC) currently operates two (2) Christie Model WU7K-M lamp-based projectors integrated with the facility's existing Crestron control system. These projectors are obsolete, no longer supported by the manufacturer for long-term parts and service, and rely on outdated lamp-based illumination technology that generates higher operating costs, more frequent maintenance, and greater downtime than current laser or LED alternatives.

Replacement is required to sustain audiovisual (AV) capability in support of clinical, educational, and administrative operations at OVAMC and to modernize the installation to a commercial-grade laser or LED solution that integrates seamlessly with the existing Crestron infrastructure.

2.0 OBJECTIVE

The objective of this requirement is to procure and install two (2) new TAA-compliant, commercial-grade laser or LED projectors; remove and dispose of the two (2) incumbent Christie WU7K-M projectors; fully integrate and program the new projectors with the Government's existing Crestron control system; and complete all system testing, image optimization, functional verification, and end-user turnover within a bounded after-hours installation window.

3.0 SCOPE OF WORK

The Contractor shall furnish all labor, materials, tools, transportation, equipment, supervision, and incidental services necessary to perform the following tasks at the OVAMC.

3.1 Site Coordination and Pre-Installation Walk

3.1.1 Within ten (10) calendar days after contract award, the Contractor shall coordinate with the Government’s Point of Contact (POC) to schedule a pre-installation site walk at OVAMC.

3.1.2 During the site walk, the Contractor shall:

· Verify existing mounting hardware, structural supports, and electrical connections.

· Confirm throw distance, screen geometry, and lens requirements.

· Confirm Crestron control system version, interfaces, and existing programming.

· Identify any site-specific constraints affecting installation.

3.1.3 The Contractor shall submit a final installation schedule and lens configuration confirmation to the POC within five (5) calendar days following the site walk.

3.2 Equipment Procurement

3.2.1 The Contractor shall procure two (2) new TAA-compliant, commercial-grade laser or LED projectors meeting or exceeding the minimum technical specifications in Section 4.0.

3.2.2 The Contractor shall procure two (2) interchangeable zoom lenses appropriately sized for the OVAMC installation geometry.

3.2.3 All equipment shall be new, unused, and factory sealed. Refurbished, remanufactured, or gray-market equipment is not acceptable.

3.2.4 The Contractor shall be an authorized dealer of the proposed manufacturer and shall provide documentation (e.g., Letter of Authorization) upon request to ensure full manufacturer warranty validity.

3.3 Removal and Disposal of Incumbent Projectors

3.3.1 The Contractor shall carefully remove the two (2) existing Christie WU7K-M lamp-based projectors from their current mounting locations.

3.3.2 The Contractor shall preserve all Government-owned mounting hardware, cabling, and control system components for reuse unless replacement is required.

3.3.3 The Contractor shall palletize the removed projectors in an appropriate manner and turn them over to the Government designated Point of Contact (POC).

3.3.4 Documentation of proper disposal (e.g., manifest or certificate of destruction) shall be provided to the POC upon completion.

3.4 Installation of New Projectors

3.4.1 The Contractor shall install the new projectors in the existing mounting locations, utilizing existing mounts where compatible or providing new mounts as necessary.

3.4.2 The Contractor shall perform all mechanical alignment, including:

· Lens installation and focus adjustment.

· Keystone, warp, and blend adjustments as required for proper image geometry.

· Secure physical mounting in accordance with manufacturer specifications and applicable building codes.

3.4.3 The Contractor shall install and terminate all required signal, control, and power cabling, utilizing existing infrastructure where available.

3.5 Crestron Control System Integration

3.5.1 The Contractor shall fully integrate the new projectors with the Government's existing Crestron control system.

3.5.2 Integration shall include:

· Programming of control commands (power on/off, input selection, lens control, image adjustments).

· Verification of command execution via existing Crestron user interfaces.

· Preservation or improvement of existing user interface functionality.

· Documentation of all programming changes made.

3.5.3 Personnel performing Crestron programming shall possess current Crestron certification appropriate to the system being programmed. Documentation of certification shall be available upon request.

3.6 System Testing and Verification

3.6.1 The Contractor shall perform complete system testing to verify proper operation, including:

· Power on/off functionality via Crestron.

· Input source selection and signal integrity for all configured sources.

· Image geometry, focus, brightness uniformity, and color accuracy.

· Warp and blend functionality (where applicable).

· Lens control functionality (zoom, focus, shift).

· End-to-end system operation under normal use scenarios.

3.6.2 The Contractor shall document all test results and provide a copy to the POC.

3.7 End-User Demonstration and Turnover

3.7.1 Upon successful completion of testing, the Contractor shall provide an end-user demonstration to OVAMC staff designated by the POC.

3.7.2 The demonstration shall cover standard operation, basic troubleshooting, and any changes to the user interface resulting from the new installation.

3.7.3 The Contractor shall provide:

· As-built documentation including cabling diagrams.

· Updated Crestron programming source files (if applicable and permitted by Government licensing).

· Manufacturer operation and maintenance manuals.

· Warranty documentation for both projectors.

· Disposal certificates for removed equipment.

4.0 MINIMUM TECHNICAL SPECIFICATIONS

Projectors proposed and installed under this contract shall meet or exceed the following minimum specifications:

5.0 REFERENCE PPRODUCT

The following commercial product is identified as one example of a solution meeting all salient characteristics listed above. Reference for this product does not restrict competition; equivalent products from other manufacturers meeting all salient characteristics are acceptable and encouraged.

Reference Example: Christie Digital GS Series Systems, Manufacturer: Christie Digital Systems USA, Inc., 10550 Camden Drive, Cypress, CA 90630.

· Model DWU880A-GS (TAA-compliant variant).

· Model DWU1100A-GS (TAA-compliant variant).

· Model DWU1400A-GS (TAA-compliant variant).

6.0 PERIOD AND HOURS OF PERFORMANCE

6.1 The Contractor shall complete all work including procurement lead time of equipment under this contract within sixty (60) calendar days after contract award.

6.2 On-Site Work Hours

6.2.1 All on-site work at OVAMC shall be performed after hours, Monday through Friday, between 4:30 PM and 8:30 PM local time.

6.2.2 The Contractor shall not perform work on Federal holidays or on any day during which the Government facility is closed because of local or national emergencies, administrative closings, or other Government‑directed facility shutdowns. Government shutdowns occur when the Government fails to pass appropriations or other required funding measures, resulting in the cessation of some or all Federal operations.

6.2.3 If the Department of Veterans Affairs (VA) is affected by a Government shutdown during the period of performance, the Contractor shall not provide services or submit claims against the Government during or following the shutdown.

6.2.4 Recognized Federal holidays are listed below.

6.2.5 On-site work shall be completed within no more than five (5) consecutive after-hours workdays.

6.2.6 Work on Federal holidays, weekends, or outside the designated after-hours window is not permitted without prior written approval from the Contracting Officer.

7.0 PLACE OF PERFORMANCE

7.1 Specific installation location(s) within OVAMC will be identified during the pre-installation site walk.

Orlando VA Medical Center 13800 Veterans Way Orlando, FL 32827

8.0 GOVERNMENT-FURNISHED PROPERTY AND INFORMATION

8.1 Government-Furnished Property

The Government will provide:

· Access to the existing Crestron control system and documentation.

· Existing mounting infrastructure (to be reused where feasible).

· Existing signal and power cabling infrastructure.

· Reasonable workspace and electrical power at the installation sites during the after-hours work window.

8.2 Government-Furnished Information

The POC will provide, upon request:

· As-built documentation for the existing AV installation (to the extent available).

· Current Crestron program source files, if available and licensed for Government use.

· Facility access and badging procedures.

9.0 CONTRACTOR PERSONNEL REQUIREMENTS

9.1 Facility Access and Badging

9.1.1 All Contractor personnel performing on-site work shall obtain VA facility access and badging prior to the first day of on-site work.

9.1.2 Contractor personnel shall complete any applicable safety and security orientation required by OVAMC.

9.1.3 Contractor personnel shall always display VA-issued identification while on-site.

9.2 Qualifications

9.2.1 Personnel performing Crestron integration and programming shall hold current manufacturer certification (e.g., Crestron certification) appropriate to the system being programmed.

9.2.2 Personnel performing AV installation shall have demonstrated experience with commercial AV projector installation.

9.3 Conduct

Contractor personnel shall always conduct themselves in a professional manner, shall minimize disruption to VA operations, and shall comply with all VA policies, regulations, and directives.

10.0 SECURITY INFORMATION

10.1 Network Connectivity

10.1.1 If the new projectors connect to any VA network segment (including HDBaseT/Ethernet control connections), the Contractor shall coordinate with the local Information Security Officer (ISO) prior to connection.

10.2 Compliance

10.2.1 Contractor personnel are subject to the same Federal laws, regulations, standards, and VA policies as VA personnel regarding information and Information System Security.

10.2.2 The Contractor shall comply with VA Handbook 6500.6 (Contract Security) and all applicable VA information security requirements.

11.0 WARRANTY

11.1 Equipment Warranty

The Contractor shall provide and pass through to the Government the full manufacturer warranty on all installed equipment, with a minimum of five (5) years on both the projector and the illumination system.

11.2 Installation Warranty

The Contractor shall warrant all installation and integration work for a period of ninety (90) calendar days following Government acceptance. Defects in workmanship identified during this period shall be corrected at no additional cost to the Government.

12.0 ACCEPTANCE CRITERIA

Government acceptance will occur after:

· Successful completion of all testing identified in Section 3.6.

· Successful end-user demonstration per Section 3.7.

· Delivery of all required documentation (as-built drawings, warranties, test results).

· Confirmation by the POC that all requirements of this Statement of Work have been satisfied.

13.0 DELIVERABLES SUMMARY

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(End of Clause) 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 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2)Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of Clause)

C.4 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:

(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.

(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.

(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…