36C25026Q0636.docx

DOCX document 71 KB Posted Jun 9, 2026

Attached to: 6515--Manometry Probes SPS - Brand Name Only Cincinnati VAMC
Solicitation number: 36C25026Q0636
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 10

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Written by GovTribe AI · Jun 9, 2026

This is a Combined Synopsis-Solicitation for Commercial Products and Commercial Services issued by the Department of Veterans Affairs, Network Contracting Office 10, in support of the Cincinnati Veterans Affairs Medical Center (VAMC) Sterile Processing Department. The solicitation seeks a firm-fixed-price contract to procure brand name only Manometry Probes. The required items include: (1) Manoscan ESO Z CATH X1 (Manufacturer Part #3890) in a quantity of 4 units; (2) HRM Catheter Extended Warranty 1 Year (Manufacturer Part #80372) in a quantity of 4 units; and (3) Shipping & Handling Cost. The solicitation number is 36C25026Q0636, with a response deadline of June 22, 2026 at 4:00 PM Eastern Time. The place of performance is the Cincinnati VAMC located at 3200 Vine Street, Cincinnati, OH 45220-2213, with the contracting office located at 260 E. University Avenue, Floor 2, Cincinnati, OH 45219-2356. The point of contact is Contracting Specialist Barbara Robertson at Barbara.Robertson@va.gov or (513)861-3100.

This is an unrestricted full and open competition solicitation under Simplified Acquisition Procedures, with a Product Service Code (PSC) of 6515 (Medical and Surgical Instruments, Equipment, and Supplies) and a NAICS code of 339112 (Catheters Manufacturing) with a small business size standard of 1,000 employees. All quotes must be submitted electronically via email with the subject line "Quote submission 36C25026Q0636 - Manometry Probes." Quoters must complete the FAR 52.225-2 Buy American Certificate and provide a Letter of Authorization from the OEM if not the original equipment manufacturer. Quoters must also certify acceptance of terms and conditions or list any exceptions with rationale. The offer period for acceptance is 60 calendar days from the specified receipt date. The Government will evaluate offers based on technical capability, price reasonableness, and warranty documentation, awarding the contract to the responsible offeror whose offer is most advantageous to the Government, price and other factors considered.

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Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services

SUBJECT*

Manometry Probes SPS - Brand Name Only Cincinnati VAMC

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE*

45219

SOLICITATION NUMBER*

36C25026Q0636

RESPONSE DATE/TIME/ZONE

06-22-2026 16:00 EASTERN TIME, NEW YORK, USA

ARCHIVE

30 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

PRODUCT SERVICE CODE*

6515

NAICS CODE*

339112

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue, Floor 2 Cincinnati OH 45219-2356

POINT OF CONTACT*

Contracting Specialist Barbara Robertson Barbara.Robertson@va.gov (513)861-3100

PLACE OF PERFORMANCE

ADDRESS

Department of Veterans Affairs

Cincinnati VAMC

3200 Vine Street

Cincinnati OH

POSTAL CODE

45220-2213

COUNTRY

USA

ADDITIONAL INFORMATION

AGENCY’S URL

https://www.va.gov

URL DESCRIPTION

Website

AGENCY CONTACT’S EMAIL ADDRESS

Barbara.Robertson@va.gov

EMAIL DESCRIPTION

DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Department of Veterans Affairs, Network Contracting Office 10 located at 260 E University Avenue, Cincinnati, OH 45219-2356, in support of VISN 10, Cincinnati Veterans Affairs Medical Center (CVAMC) Sterile Processing Department, located at 3200 Vine Street, Cincinnati, OH 45220-2213 is seeking a firm-fixed-price contract to procure brand name only Manometry Probes.

*= Required Field

Combined Synopsis/Solicitation Notice

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format Revolutionary FAR Overhaul (RFO) in Federal Acquisition Regulation (FAR) subpart 12.202, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026-01.

This solicitation is unrestricted for Full and Open competition.

The associated North American Industrial Classification System (NAICS) code for this procurement is 339112 – Catheters Manufacturing, with a small business size standard of 1,000 Employees. The FSC/PSC is 6515 – Medical and Surgical Instruments, Equipment, and Supplies.

The Department of Veterans Affairs, VISN 10, Cincinnati VA Medical Center (VAMC), 3200 Vine Street, Cincinnati, OH 45220-2213 is seeking to purchase brand name only Manometry Probes in accordance with (IAW) the attached statement of work.

All interested companies shall provide quotations for the following:

Supplies/Services

Line Item

Description

Quantity

Unit of Measure

Unit Price

Total Price

Manoscan ESO Z CATH X1 – Mfr. Part #: 3890

Each

HRM Catheter Extended Warranty 1 Year – Mfr. Part #: 80372

Shipping & Handling Cost

TOTAL COST

The following FAR clauses apply to this acquisition:

1. FAR 52.212-4, “Contract Terms and Conditions – Commercial Products and Commercial Services” (NOV 2023)

As prescribed in 12.205(b)(3), insert the following clause:

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1,

Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those

items that conform to the requirements of this contract. The Government

reserves the right to inspect or test any supplies or services that have been

tendered for acceptance. The Government may require repair or replacement of

nonconforming supplies or reperformance of nonconforming services at no

increase in contract price. If repair/replacement or reperformance will not correct

the defects or is not possible, the Government may seek an equitable price

reduction or adequate consideration for acceptance of nonconforming supplies or

services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been

discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the

change is due to the defect in the item.

payment due as a result of performance of this contract to a bank, trust company,

or other financing institution, including any Federal lending agency in accordance

with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party

makes payment (e.g., use of the Governmentwide commercial purchase card),

the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made

only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

Failure of the parties to this contract to reach agreement on any request for

equitable adjustment, claim, appeal, or action arising under or relating to this

contract shall be a dispute to be resolved in accordance with the clause FAR

52.233-1, Disputes, which is incorporated in this contract by reference. The

Contractor shall proceed diligently with performance of this contract, pending

final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless

nonperformance is caused by an occurrence beyond the reasonable control of

the Contractor and without its fault or negligence. Examples of occurrences

include acts of God or the public enemy, acts of the Government in either its

sovereign or contractual capacity, fires, floods, epidemics, quarantine

restrictions, strikes, unusually severe weather, and delays of common carriers.

When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt

Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit

invoices to the address designated in the contract to receive invoices. An invoice

must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its

officers, employees, and agents against liability, including costs, for actual or

alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark, or copyright, arising out of the

performance of this contract, provided the Contractor is reasonably notified of

such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the

Government that have been delivered to the delivery destinations set forth in this

contract.

(2) Prompt payment. The Government will make payment in accordance with the

Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR

part 1315.

(3) Discount. In connection with any discount offered for early payment, time

shall be computed from the date of the invoice. For the purpose of computing the

discount earned, payment shall be considered to have been made on the date

that appears on the payment check or the specified payment date if an electronic

funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract

financing or invoice payment or that the Government has otherwise overpaid on

a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract

along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous

payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the

Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under

this contract shall bear simple interest from the date due until paid unless paid

within 30 days of becoming due. The interest rate shall be the interest rate

established by the Secretary of the Treasury as provided in 41 U.S.C. 7109,

which is applicable to the period in which the amount becomes due, as provided

in (i)(6)(v) of this clause, and then at the rate applicable for each six-month

period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon

finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required

by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on

the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment

unless the amounts were not repaid because the Contractor has requested an

installment payment agreement; or

demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for

payment included in the final decision shall identify the same due date as the

original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for

payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar

days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the

Contractor;

(B) The date of issuance of a Government check to the Contractor from which an

amount otherwise payable has been withheld as a credit against the contract

debt; or

otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the

procedures for interest credits prescribed in FAR part 32 in effect on the date of

this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or

damage to the supplies provided under this contract shall remain with the

Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the

contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local

taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the

right to terminate this contract, or any part hereof, for its sole convenience. In the

event of such termination, the Contractor shall immediately stop all work and

shall immediately cause any and all of its suppliers and subcontractors to cease

work. Subject to the terms of this contract, the Contractor shall be paid a

percentage of the contract price reflecting the percentage of the work performed

prior to the notice of termination, plus reasonable charges the Contractor can

demonstrate to the satisfaction of the Government using its standard record

keeping system, have resulted from the termination. The Contractor shall not be

required to comply with the cost accounting standards or contract cost principles

for this purpose. This paragraph does not give the Government any right to audit

the Contractor’s records. The Contractor shall not be paid for any work

performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any

part hereof, for cause in the event of any default by the Contractor, or if the

Contractor fails to comply with any contract terms and conditions, or fails to

provide the Government, upon request, with adequate assurances of future

performance. The Government will send a cure notice to the Contractor, unless

the reason for the termination is late delivery. In the event of termination for

cause, the Government shall not be liable to the Contractor for any amount for

supplies or services not accepted, and the Contractor shall be liable to the

Government for any and all rights and remedies provided by law. If it is

determined that the Government improperly terminated this contract for default,

such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under

this contract shall pass to the Government upon acceptance, regardless of when

or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under

this contract are merchantable and fit for use for the particular purpose described

in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty,

the Contractor will not be liable to the Government for consequential damages

resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor

agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of

appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37,

Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49

U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21

relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall

be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or

service acquired under this contract is subject to any End User License

Agreement (EULA), Terms of Service (TOS), or similar legal instrument or

agreement, that includes any clause requiring the Government to indemnify the

Contractor or any person or entity for damages, costs, fees, or any other loss or

liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the

following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be

deemed to have agreed to such clause by virtue of it appearing in the EULA,

TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal

instrument or agreement is invoked through an “I agree” click box or other

comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements),

execution does not bind the Government or any Government authorized end user

to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar

legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the

Government that is expressly authorized by statute and specifically authorized

under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this

contract was awarded using other than sealed bid procedures and is in excess of

the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative

of the Comptroller General, shall have access to and right to examine any of the

Contractor’s directly pertinent records involving transactions related to this

contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the

records, materials, and other evidence for examination, audit, or reproduction,

until 3 years after final payment under this contract or for any shorter period

specified in FAR part 4, longer period required by statute, or periods specified in

other clauses of this contract. If this contract is completely or partially terminated,

the records relating to the work terminated shall be made available for 3 years

after any resulting final termination settlement. Records relating to appeals under

the disputes clause or to litigation or the settlement of claims arising under or

relating to this contract shall be made available until such appeals, litigation, or

claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting

procedures and practices, and other data, regardless of type and regardless of

form. This clause does not require the Contractor to create or maintain any

record that the Contractor does not maintain in the ordinary course of business or

pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and

certifications, including those completed electronically via the System for Award

Management (SAM), are incorporated by reference into the contract.

(End of clause)

2. FAR 52.222-90, “Addressing DEI Discrimination by Federal Contractors” (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)

3. FAR 52.225-1, “Buy American – Supplies” (NOV 2025) (DEVIATION)

As prescribed in 25.601(a)(1)(i), insert the following clause:
(a) Definitions. As used in this clause—
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of	“commercial product” at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier,	without modification, in the same form in which it is sold in the commercial	marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as	agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an	end product.
Cost of components means—
(1) For components purchased by the Contractor, the acquisition cost, including	transportation costs to the place of incorporation into the end product (whether or	not such costs are paid to a domestic firm), and any applicable duty (whether or	not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with	the manufacture of the component, including transportation costs as described in	paragraph (1) of this definition, plus allocable overhead costs, but excluding	profit. Cost of components does not include any costs associated with the	manufacture of the end product.

Critical component means a component that is mined, produced, or	manufactured in the United States and deemed critical to the U.S. supply chain.	The list of critical components is at FAR 25.105 .
Domestic end product means—
(1) For an end product that does not consist wholly or predominantly of iron or	steel or a combination of both-
(i) An unmanufactured end product mined or produced in the United States;
(ii) An end product manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United	States exceeds 60 percent of the cost of all its components, except that the	percentage will be 65 percent for items delivered in calendar years 2024 through	2028 and 75 percent for items delivered starting in calendar year 2029.	Components of foreign origin of the same class or kind as those that the agency	determines are not mined, produced, or manufactured in sufficient and	reasonably available commercial quantities of a satisfactory quality are treated as	domestic. Components of unknown origin are treated as foreign. Scrap	generated, collected, and prepared for processing in the United States is	considered domestic; or
(B) The end product is a COTS item; or
(2) For an end product that consists wholly or predominantly of iron or steel or a	combination of both, an end product manufactured in the United States, if the	cost of foreign iron and steel constitutes less than 5 percent of the cost of all the	components used in the end product. The cost of foreign iron and steel includes	but is not limited to the cost of foreign iron or steel mill products (such as bar,	billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture	of the end product and a good faith estimate of the cost of all foreign iron or steel	components excluding COTS fasteners. Iron or steel components of unknown	origin are treated as foreign. If the end product contains multiple components, the	cost of all the materials used in such end product is calculated in accordance	with the definition of "cost of components".

End product means those articles, materials, and supplies to be acquired under	the contract for public use.
Fastener means a hardware device that mechanically joins or affixes two or more	objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips,	and screws.
Foreign end product means an end product other than a domestic end product.
Foreign iron and steel means iron or steel products not produced in the United	States. Produced in the United States means that all manufacturing processes of	the iron or steel must take place in the United States, from the initial melting	stage through the application of coatings, except metallurgical processes	involving refinement of steel additives. The origin of the elements of the iron or	steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the	iron and steel content exceeds 50 percent of the total cost of all its components.	The cost of iron and steel is the cost of the iron or steel mill products (such as	bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the	manufacture of the product and a good faith estimate of the cost of iron or steel	components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2	percent carbon, and may include other elements.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end	products for supplies acquired for use in the United States. In accordance with	41 U.S.C. 1907, the domestic content test of the Buy American statute is waived	for an end product that is a COTS item, except that for an end product that	consists wholly or predominantly of iron or steel or a combination of both, the	domestic content test is applied only to the iron and steel content of the end	product, excluding COTS fasteners.
(c) Offerors may obtain from the Contracting Officer a list of foreign articles that	the Contracting Officer will treat as domestic for this contract.
(d) The Contractor shall deliver only domestic end products except to the extent	that it specified delivery of foreign end products in the provision of the solicitation	entitled "Buy American Certificate."

(End of Clause)

4. FAR 52.240-91, “Security Prohibitions and Exclusions” (NOV 2025)

As prescribed in 40.205(b), insert the following clause:
(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 arrangements means arrangements governing the physical	connection of two or more networks to allow the use of another’s network to hand	off traffic where it is ultimately delivered (e.g., connecting a customer of	telephone provider A to a customer of telephone company B) or sharing data and	other information resources.
Kaspersky Lab-covered article means any hardware, software, or service that—
(1) Is developed or provided by a Kaspersky Lab-covered entity;
(2) Includes any hardware, software, or service developed or provided in whole	or in part by a Kaspersky Lab-covered entity; or
(3) Contains components using any hardware or software developed in whole or	in part by a Kaspersky Lab-covered entity.
Kaspersky Lab-covered entity means—
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g.,	“Kaspersky”;
(3) Any entity that controls, is controlled by, or is under common control with	Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
National security system, as defined in 44 U.S.C. 3552, means any information	system (including any telecommunications system) used or operated by an	agency or by a contractor of an agency, or other organization on behalf of an	agency—
(1) The function, operation, or use of which involves intelligence activities;	involves cryptologic activities related to national security; involves command and	control of military forces; involves equipment that is an integral part of a weapon	or weapons system; or is critical to the direct fulfillment of military or intelligence	missions, but does not include a system that is to be used for routine	administrative and business applications (including payroll, finance, logistics, and	personnel management applications); or
(2) Is protected at all times by procedures established for information that have	been specifically authorized under criteria established by an Executive order or	an Act of Congress to be kept classified in the interest of national defense or	foreign policy.
Roaming means cellular communications services (e.g., voice, video, data)	received from a visited network when unable to connect to the facilities of the	home network either because signal coverage is too weak or because traffic is	too high.
Sensitive compartmented information means classified information concerning or	derived from intelligence sources, methods, or analytical processes, which is	required to be handled within formal access control systems established by the	Director of National Intelligence.
Sensitive compartmented information system means a national security system	authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or	services, at any tier.
Subsidiary means an entity in which more than 50 percent of the entity is owned	directly by a parent corporation or through another subsidiary of a parent	corporation.
Substantial or essential component means any component necessary for the	proper function or performance of a piece of equipment, system, or service.
Unmanned aircraft means an aircraft that is operated without the possibility of	direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).
Unmanned aircraft system means an unmanned aircraft and associated	elements (including communication links and the components that control the	unmanned aircraft) that are required for the operator to operate safely and	efficiently in the national airspace system (49 U.S.C. 44801(12)).
(b) Prohibitions on providing or using specific products or services in	performance of contract. Unless a waiver or exception applies, the Contractor is	prohibited from providing any products or services to the Government or using in	the performance of the contract any of the following:
(1) A covered application on any information technology owned or managed by	the Government, or on any information technology used or provided by the	Contractor under this contract, including equipment provided by the Contractor’s	employees (section 102 of Division R of the Consolidated Appropriations Act,	2023 (Pub. L. 117-328));
(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National	Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));
(3) Covered telecommunications equipment or services used as a substantial or	essential component of any system, or as critical technology as part of any	system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National	Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not	prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul,	roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic	or cannot permit visibility into any user data or packets that such equipment	transmits or otherwise handles.
(c) Prohibition on unmanned aircraft systems manufactured or assembled by	American Security Drone Act—covered foreign entities.
(1) Prohibition. The Contractor is prohibited from—
(i) Delivering any FASC-prohibited unmanned aircraft system, which includes	unmanned aircraft (i.e., drones) and associated elements (sections 1823 and	1826 of American Security Drone Act of 2023, within the National Defense	Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle	B, 41 U.S.C. 3901 note prec.);
(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned	aircraft system in the performance of the contract (section 1824 of Pub. L. 118-	31); and
(iii) On or after December 22, 2025, using Federal funds to procure or operate a	FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).
(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of	American Security Drone Act—covered foreign entities before proposing, or	using in performance of the contract, any unmanned aircraft system. Also, the	Contractor shall ensure any effort or expenditure associated with a FASC-	prohibited unmanned aircraft system is consistent with a corresponding	exemption, exception, or waiver determination expressly stated in the contract.
(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this	clause do not apply where the agency has determined an exemption, exception,	or waiver applies, and the contract indicates that such a determination has been	made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for	statutory requirements pertaining to exemptions, exceptions, and waivers.
(d) Prohibition on using or providing specific products or services or conducting	certain transactions regardless of connection to contract.
(1) Certain telecommunications and video surveillance equipment, systems, or	services.
(i) Unless an applicable waiver has been issued by the Government, the	Contractor cannot use any equipment, systems, or services that uses covered	telecommunications equipment or services as a substantial or essential	component of any system, or as critical technology as part of any system	(paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense	Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).
(ii) This prohibition applies to using covered telecommunications equipment or	services, regardless of whether that use is in performance of work under a	Federal contract. This does not prohibit the contractor from using—
(A) A service that connects to the facilities of a third party, such as backhaul,	roaming, or interconnection arrangements; or
(B) Telecommunications equipment that cannot route or redirect user data traffic	or cannot permit visibility into any user data or packets that such equipment	transmits or otherwise handles.
(2) Office of Foreign Assets Control Restrictions.
(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the	Department of the Treasury, the Contractor shall not acquire, for use in the	performance of this contract, any supplies or services if any proclamation,	Executive order, or statute administered by OFAC, or if OFAC’s implementing	regulations at 31 CFR chapter V, would prohibit such a transaction by a person	subject to the jurisdiction of the United States.
(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and	Sudan are prohibited, as are most imports from Burma or North Korea, into the	United States or its outlying areas.
(A) For lists of entities and individuals subject to economic sanctions, see	OFAC’s List of Specially Designated Nationals and Blocked Persons	at https://home.treasury.gov/policy-issues/financial-sanctions/specially-	designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.
(B) For more information about these restrictions, as well as updates, see	OFAC’s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-	issues/office-of-foreign-assets-control-sanctions-programs-and-information.
(C) To conduct electronic screens of potential parties to regulated transactions,	see the consolidated screening list at https://www.trade.gov/consolidated-	screening-list, which consolidates multiple export screening lists of the	Departments of Commerce, State, and the Treasury.
(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted	business operations in Sudan in accordance with Accountability and Divestment	Act of 2007 (Pub. L. 110-174).
(4) Iran prohibitions.
(i) Unless an exception applies according to paragraph (d)(4)(iii) or the	Government grants a waiver, the contractor shall not engage in certain activities	or transactions relating to Iran (section 6(b)(1)(A) of Iran Sanctions Act (50	U.S.C. 1701 note).
(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the	Government grants a waiver, contractor shall not export certain sensitive	technology to Iran, as determined by the President, and has an active exclusion	in SAM (22 U.S.C. 8515).
(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the	acquisition is subject to trade agreements and the offeror certifies that all the	offered products are designated country end products or designated country	construction material (see part 25).
(iv) Unless an exception applies or the Government grants a waiver, contractors	are prohibited from knowingly engaging in any significant transaction (i.e., over	$15,000) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or	affiliates, the property and interests in property of which are blocked according to	the International Emergency Economic Powers Act (section 6(b)(1)(B) of Iran	Sanctions Act (50 U.S.C. 1701 note)).
(e) Governmentwide exclusion and removal orders.
(1) Unless the Government has issued an applicable waiver, 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 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.

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