36C25526Q0321.docx

36C25526Q0321

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

657-26-3-1528-0066 36C25526Q0321 -2026 Fischer, Lisa | Lisa.Fischer1@va.gov 913-946-1993 05-14-2026 15:00pm

CDT

36C255 Contracting Specialist 36C255 Fischer, Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X X 238220 $19 Million

NET 30 DAYS

N/A X Department of Veteran Affairs Saint Louis VA Medical Center John Cochran & Jefferson Barracks 915 North Grand Blvd Saint Louis MO 63106-1621 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX 877-353-9791 512-460-5429 Requirement is for Annual Airflow Inspection for the Saint Louis VA Medical Centers, John Cochran and Jefferson Barracks. Locations are at 915 North Grand Blvd and 1 Jefferson Barracks, Saint Louis, MO 63106-1621.

This solicitation is for Base Year with Four (4) Option years. Performance Period: 06/01/26 to 05/31/31.

These services will be performed as detailed within the Performance Work Statement.

This solicitation is being issued as a Total Set-Aside for SDVOSB concerns. If award can not be made, the solicitation will be cancelled and the requirement resolicited.

IMPORTANT: Please refer to Addendum to FAR 52.212-1 Instructions to Offers for additional instructions.

Offers are due by 3:00pm CST on 05/14/2026. No late bids will be accepted.

657-3660162-1528-854100-2670 0100C1090 X X X

1(ONE)

.Juszczak, Janie Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C255 Juszczak, Janie | Janie.Juszczak@va.gov Contracting Specialist 36C255 Fischer, Lisa | Lisa.Fischer1@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

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:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Financial Services Center, Austin TX https://www.fsc.va.gov/einvoice.asp

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Annual Air Flow Certification Contract Period: Base POP Begin: 06-01-2026 POP End: 05-31-2027

Annual Air Flow Certification Contract Period: Option 1 POP Begin: 06-01-2027 POP End: 05-31-2028

Annual Air Flow Certification Contract Period: Option 2 POP Begin: 06-01-2028 POP End: 05-31-2029

Annual Air Flow Certification Contract Period: Option 3 POP Begin: 06-01-2029 POP End: 05-31-2030

Annual Air Flow Certification Contract Period: Option 4 POP Begin: 06-01-2030 POP End: 05-31-2031

B.3 DELIVERY SCHEDULE

0001-4001

Saint Louis VA Medical Center 915 North Grand Blvd Attention: Facilities Saint Louis, MO 63106

ALL

B.4 PERFORMANCE WORK STATEMENT (PWS)

Air Changes per Hour (ACH) Certification St. Louis VA Health Care System – John Cochran and Jefferson Barracks Divisions

1. General The St. Louis VA Health Care System (VASTLHCS), including the John Cochran and Jefferson Barracks Divisions, requires annual Air Changes per Hour (ACH) certification testing of the HVAC systems and components serving defined spaces in Building 1 at the John Cochran Division and Buildings 53 and 55 at the Jefferson Barracks Division. The purpose of this testing is to verify that ventilation performance and pressure relationships meet applicable VA, industry, and accreditation standards for patient care and support areas.

This PWS defines the requirements for annual Air Changes per Hour (ACH) certification testing, measurement, reporting, and verification services for designated HVAC systems and spaces at the St. Louis VA Health Care System.

The annual certification shall:

· Measure the air volume supplied to and/or exhausted from each defined space and calculate ACH.

· Evaluate duct leakage (airtightness) where applicable.

· Verify required pressure differentials between spaces.

· Identify areas that do not meet minimum ACH or pressure requirements and recommend corrective actions.

All work shall comply with, at a minimum:

· ASHRAE 170-2013 (Addendum k), Ventilation of Health Care Facilities.

· VHA Directive 1116(2), Sterile Processing Services (SPS).

· VA Office of Construction & Facilities Management Design Manuals (PG-18-10).

· The Joint Commission, ventilation, air filtration, and air changes in critical areas (Standard EC.02.05.01 EP15).

· Applicable NFPA and OSHA requirements.

2. Background St. Louis VASTLHCS is an integrated healthcare system consisting of medical centers and community-based outpatient clinics. Services under this PWS will be performed at the main medical center campuses listed herein; any contractor travel costs are the responsibility of the contractor.

The Government reserves the right to add, remove, or modify locations and facilities as mission requirements evolve within the health care system. The contractor shall accommodate such changes within the scope of the contract, with any corresponding pricing or schedule adjustments processed through formal contract modification.

3. Place of Performance ACH certification is required at the following locations:

· John Cochran Division

· 915 N. Grand Blvd., St. Louis, MO 63106

· Building 1

· Jefferson Barracks Division

· 1 Jefferson Barracks Dr., St. Louis, MO 63125

· Buildings 53 and 55

4. Frequency of Service Services shall be performed annually, or as otherwise directed in writing by the Contracting Officer (CO).

5. Areas to be Tested The estimated rooms and spaces to be tested, including required pressure relationships and minimum ACH, are listed in Table 1 for John Cochran and Jefferson Barracks. These lists are estimates for planning and pricing purposes; the Government may adjust specific rooms or add comparable spaces during the contract period of performance by written direction of the CO or COR.

Table 1 – Representative Rooms for ACH Certification

(John Cochran and Jefferson Barracks – ORs, isolation rooms, ante rooms, pharmacy USP 797/800 areas, cardiac Cath labs, bronchoscopy suites, Endo/GI labs, and related critical spaces, with indicated positive/negative pressure and required ACH values.)

John Cochran

Jefferson Barracks

The contractor shall:

· Verify the spaces actually served by the systems under test.

· Test all rooms listed in the final, Government-approved room list each year.

· Note any inaccessible or out-of-service spaces and explain in the report.

6. Days and Hours of Operation Normal hours of performance are Monday through Friday, 7:00 a.m. to 4:00 p.m., excluding Federal holidays. Due to clinical needs, portions of the work may be required during evenings, nights, or weekends; such work shall be coordinated in advance with the COR. The contractor shall coordinate all access to occupied clinical areas (e.g., ORs, isolation rooms, Endo/GI) so that testing minimizes impact to patient care and complies with infection control requirements. All testing shall be performed in a manner that does not interrupt patient care activities. Any potential impact must be coordinated with the COR in advance. The Government will provide necessary access and escorting for locked or restricted areas when required, coordinated through the COR.

7. Contractor Qualifications and Certifications The contractor shall:

· Have significant experience performing ACH and ventilation testing in large medical centers or comparable complex facilities.

· Be an accredited Testing, Adjusting and Balancing Bureau (TABB)-certified firm for the testing performed under this contract.

· Hold a valid Class A Air Conditioning and Refrigeration Contractor’s (ACR) license with appropriate endorsements, as required by jurisdiction.

· Utilize a TABB-certified supervisor and TABB-certified technicians to perform field work.

· The contractor shall not subcontract any portion of the work, including labor, supervision, or testing activities, without prior written approval from the Contracting Officer. If subcontractors are used, their qualifications and certifications shall meet the same requirements as those of the prime contractor’s personnel performing similar work.

8. Performance Requirements The contractor shall provide all labor, materials, instruments, equipment, supervision, and incidentals necessary to perform annual ACH testing and certification for the identified HVAC systems and spaces. At a minimum, the contractor shall:

· Measure airflow (supply, return, exhaust as applicable) for each designated space using calibrated instruments and accepted NEBB or AABC procedures.

· Calculate ACH for each space based on measured airflow and room volume.

· Verify pressure relationships (positive/negative/neutral) relative to adjacent spaces using appropriate differential pressure measurement.

· Compare measured results to required design values and applicable code/standards.

· Identify any deficiencies (e.g., ACH below minimum, incorrect pressure relationship, excessive variance from design).

· Provide recommendations to correct deficiencies (e.g., damper adjustments, balancing, control changes, or design review), recognizing that corrective work itself is outside the scope unless separately ordered.

· All measurements shall be recorded, traceable, and reproducible. The contractor shall retain all raw data, field notes, and instrument output for a minimum of three (3) years and provide such data to the Government upon request.

Testing and certification shall be conducted in accordance with:

· ASHRAE 170-2013 (Addendum k).

· The design criteria for the existing HVAC system and relevant VA design standards.

· Current NEBB or AABC Procedural Standards for Testing, Adjusting, and Balancing of Environmental Systems.

9. Infection Control and Housekeeping Infection control is critical in all medical center facilities. The contractor shall comply with the facility’s Infection Control Risk Assessment (ICRA) procedures and obtain ICRA approval when required for work in sensitive clinical areas.

The contractor shall:

· Follow VA infection prevention and control policies, including use of barriers, containment methods, and cleaning procedures as directed by the facility.

· Minimize dust and airborne particles during testing activities.

· Remove any dust and debris generated by testing and leave work areas in a clean condition acceptable to the COR.

10. Special Contract Requirements The contractor shall provide a brief company profile that includes full legal name, primary and branch office locations, years in business, and description of relevant services. The contractor shall maintain an effective contingency plan to ensure uninterrupted performance (e.g., backup personnel, equipment, and scheduling strategies) at no additional cost to the Government.

The contractor is responsible for supervising subcontractors and suppliers and ensuring contract compliance. Any changes to proposed subcontractors or key suppliers shall be submitted to the CO at least thirty (30) days prior to implementation, along with any required licenses, permits, or certifications.

11. Contractor Personnel and Key Personnel The contractor shall designate a contract manager/project manager who has full authority to act for the contractor on all matters relating to daily operation of this contract. The contractor shall provide the name and contact information (during and after hours) for the contract manager and at least one alternate in writing to the CO.

All contractor employees:

· Shall wear appropriate personal protective equipment (PPE) required by OSHA, VA policy, and the nature of the work.

· Shall wear visible identification badges while on VA property.

· Shall receive training necessary to safely and competently perform the required tasks.

Any changes in contract manager or other designated key personnel shall be provided in writing to the CO at least forty-eight (48) hours prior to the change, or as soon as practicable in emergencies.

12. Safety, Health, and Protection of Property The contractor shall be fully responsible for the safety of its personnel and protection of Government property during performance. The contractor shall:

· Comply with all applicable Federal, State, and local safety and health laws and regulations, including OSHA.

· Take necessary precautions to protect patients, visitors, staff, and property at each location.

· Repair or reimburse the Government for any damage to buildings, finishes, or equipment resulting from contractor operations, including painting, refinishing, or replacement as needed.

The contractor agrees that personnel and equipment are subject to safety inspections by Government personnel while on VA property.

13. Permits and Licenses Without additional expense to the Government, the contractor shall obtain and maintain all licenses, permits, and approvals required to perform the work described in this PWS. The contractor shall ensure compliance with all applicable Federal, State, and municipal codes and regulations.

14. Quality Assurance The contractor shall implement a Quality Assurance plan appropriate to the scope and risk of the work. The plan shall describe:

· Internal procedures to ensure that testing methods, measurements, and calculations are accurate and repeatable.

· Instrument calibration practices and records.

· Internal review of reports before submission.

· Measures used to ensure timely completion and responsiveness to VA inquiries.

The Government may monitor performance through report reviews, field observations, and other surveillance methods, and may require corrective action if quality standards are not met.

15. Communication and Project Management The contractor shall maintain effective communication with the COR and other designated VA staff throughout the period of performance. At a minimum, the contractor shall:

· Be capable of sending and receiving emails and participating in phone or virtual meetings.

· Coordinate schedules, access requirements, and infection control measures in advance.

· Promptly communicate any conditions that may delay testing or affect patient care areas.

The project management approach shall identify the contractor’s organizational structure for this contract, including roles, responsibilities, and escalation procedures for resolving technical or performance issues.

16. Reports The contractor shall submit a separate, detailed ACH report for each location to VA Engineering no later than two (2) weeks after completion of testing at each individual building.

. Each report shall, at a minimum, include:

· Report title and date.

· Certification statement, including signature of the responsible TABB professional.

· Table of contents.

· Executive summary and remarks.

· List of test instruments with calibration information.

· Abbreviations and definitions used.

· Detailed tabulated results for each room/space (measured airflows, calculated ACH, required ACH, required pressure relationship, measured pressure differential, and pass/fail indication).

· Description of any deviations from NEBB or AABC standard procedures, if applicable.

The report shall:

· Reflect system measurements obtained in accordance with current NEBB or AABC standards.

· Note any variances from design quantities that exceed NEBB or AABC tolerances.

· Clearly identify deficiencies and provide recommended corrective actions.

· Include narrative notes and comments as needed to explain system conditions and test results.

17. Capabilities and Relevant Experience (For Proposal Instructions, if used with an RFQ/RFP) If this PWS is used in a solicitation, offerors may be required to provide:

· A description of corporate capabilities to perform ACH testing in large medical facilities.

· Past performance information for at least three relevant contracts completed within the last two years, including points of contact, contract numbers, contract type, dollar value, dates, and brief work descriptions.

18. Administration

18.1 Facility Orientation

The COR will provide an initial orientation of the facility and applicable procedures at the start of the contract. The contractor shall orient any new employees thereafter in facility-specific requirements, including safety, security, and infection control.

18.2 Accident Reporting

In the event of an accident on VA property or involving Government personnel or property, the contractor shall immediately notify VA Police and the COR. A written report shall be provided to the CO and COR and include:

· Date and time of occurrence.

· Location.

· Personnel involved.

· Description of events and circumstances in chronological order.

· Corrective action to prevent recurrence.

18.3 Federal Holidays

Work requiring VA staff support or access to certain areas may not be scheduled on Federal holidays unless specifically approved by the COR. Recognized holidays include New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

18.4 Invoices

Payment will be made no later than thirty (30) days after receipt of a proper invoice, validated by the COR, and submitted via the VA’s designated electronic invoicing system. A proper invoice shall include:

· Invoice number and date.

· Contractor’s name and address.

· Valid purchase order or contract number.

· Dates services were performed.

· Location(s) of service.

· Total amount due, with any required supporting detail.

19. Contracting Officer’s Representative (COR) The COR will be designated in the contract award document. A sample COR designation is:

· Name: TBD

· Title: Supervisor, HVAC Shop, VASTLHCS

· Phone: 314-652-4100 ext. 56465

The COR is responsible for technical oversight and monitoring of performance but is not authorized to change the terms and conditions of the contract.

36C25526Q0321

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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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

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

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

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

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

(End of Clause)

C.3 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…