36C25626Q0276.docx

SUBJECT*

Boiler Safety Device Testing/Inspection Services

GENERAL INFORMATION

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA LA 71306-9004

POINT OF CONTACT*

Contracting Officer Arlene A. Blade arlene.blade@va.gov

(318) 466-4281

PLACE OF PERFORMANCE

Central Arkansas Veterans Healthcare System

2200 Fort Roots Drive

North Little Rock AR

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

1.This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) part 12, Simplified Acquisition Procedures. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.

2. The combined synopsis/solicitation number is 36C25626Q0276.

3. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-06 (eff. 10/01/2025) FAR Deviation NOV 2025 (eff. 11/19/2025)VAAR DEVIATION APR 2025 (eff. 04/01/2025) VAAM Alert 26-01 (eff. 10/01/2025). Acquisition Policy Flash 26-23 eff. 11/19/2025)

4. This requirement is a total set-aside Small Businesses (SBs). The North American Industry Classification System number is 238220 with a size standard of 19M.

5. Place of Performance: Central Arkansas Veterans Healthcare System (CAVHS):

Eugene J. Towbin Healthcare Center 2200 West Fort Roots Drive North Little Rock, AR 72114

John L. McClellan Memorial Veterans Hospital 4300 W 7th St Little Rock. AR 72205

6. Period of Performance: 5 (five) Years

7. All questions regarding this solicitation shall be submitted via email to Contracting Officer, Arlene A. Blade at arlene.blade@va.gov no later than 8:00A.M. Central Time on January 12, 2026.

8. Quotes are due no later than January 23, 2026 at 8:00A.M. Central Standard Time and shall be submitted electronically via e-mail to the Contracting Officer Arlene A. Blade at arlene.blade@va.gov . The subject line shall include RFQ 36C25626Q0276 – Boiler Safety Device Testing/Inspection Service.

COMBINE SYNOPSIS/SOLICTATION APPLICABLE Provisions and Clauses The provision at 52.212-1 Introduction to Offerors Commercial, applies to this acquisition. The provision at 52.212-2 EVALUATION COMMERCIAL ITEMS (NOV 2021) applies to this acquisition. The clause at 52.212-4, Contract Terms and Conditions Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition. Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order. Solicitation contains a list of all clauses incorporated by reference in numeric order under 52.252-2 (see below), starting first with FAR and followed by VAAR.

SECTION B -

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Company Name:_______________________________________ Address:__________________________________________________ Point of Contact:__________________________________________ Email Address: ___________________________________________

UEI (SAM): _____________________________________________

b. GOVERNMENT: Contracting Officer 36C256 ARLENE A. BNLADE

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA LA 71306-9004

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.

FSC e-Invoice Payment/Invoice Setup Information 1-877-489-6135 http://www.fsc.va.gov/fsc/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

The contractor shall provide Boiler Safety Testing/Inspection/services in accordance with the terms and conditions stated within this Performance Work Statement (PWS).

Contract Period: Base POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

The contractor shall provide Boiler Safety Testing/Inspection/services in accordance with the terms and conditions stated within this Performance Work Statement (PWS).

Contract Period: Option 1 POP Begin: 02-01-2027 POP End: 01-31-2028

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

The contractor shall provide Boiler Safety Testing/Inspection/services in accordance with the terms and conditions stated within this Performance Work Statement (PWS).

Contract Period: Option 2 POP Begin: 02-01-2028 POP End: 01-31-2029

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

The contractor shall provide Boiler Safety Testing/Inspection/services in accordance with the terms and conditions stated within this Performance Work Statement (PWS).

Contract Period: Option 3 POP Begin: 02-01-2029 POP End: 01-31-2030

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

The contractor shall provide Boiler Safety Testing/Inspection/services in accordance with the terms and conditions stated within this Performance Work Statement (PWS).

Contract Period: Option 4 POP Begin: 02-01-2030 POP End: 01-31-2031

PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment

B.3 DELIVERY SCHEDULE

CENTRAL ARKANSAS VETERANS HELATHCARE SYSTEM

2200 FORT ROOTS DRIVE

NORTH LITTLE ROCK, AR 72114

USA

501-257-4854 John.Ringo@va.gov

B.4 PERFORMANCE WORK STATEMENT

Performance Work Statement Boiler Safety Testing/Inspection Services

LR/NLR VAMC

The contractor shall provide Boiler Safety Testing/Inspection/services in accordance with the terms and conditions stated within this Performance Work Statement (PWS). All work shall be coordinated with the Central Ark VA Health Care System’s COR. This contract will have a Base Period “Period of Performance” (POP) with four Optional “Periods of Performance” (Options may or may not be exercised). All inspections/testing will be coordinated with the VA Contracting Officer Representative (COR) before arrival to the facility.

Location of Performance:

Little Rock / North Little Rock AR

1. INSPECTION SERVICES:

0. General:

0. Contractor shall perform safety device testing on six (6) fire tube boilers as specified within all updated manufacturer specifications. Technicians shall have adequate experience, training, and applicable licensing, to perform required preventative maintenance.

0. Contractor shall provide all labor, materials, and equipment necessary for protection of VAMC personnel, furnishings, equipment and buildings from damage, and shall replace or repair any damage due to work performed under this contract equal to its original construction and finish. Contractor must have adequate insurance protection against negligent work and other forms of liability and follow all federal, state, local, and VA Regulations related to this requirement.

0. Upon request, contractor shall provide proof of certification attesting that all gauging and measurement equipment used has been currently calibrated either according to the manufacturer’s specifications or a standard traceable to the National Bureau of Standards.

0. Introduction:

1. (VA) Little Rock / North Little Rock medical center has a central high-pressure boiler plant to provide steam for heating and air conditioning, domestic hot water, sterilizing services.

1. The VA has a requirement for:

1. A semi-annual requirement to perform burner and instrument inspecting, testing, calibrating burners and controls, and semi-annual testing of all safety devices on the six (6) (listed below) high pressure (over 15 psig) steam boilers.

1. This will be a Base plus 4 year option years.

1. List of Equipment:

2. NLR Boiler #1 manufactured by: Superior, Model number: MS7-X-3750

2. NLR Boiler #2 manufactured by: Superior, Model number: MS7-X-3750

2. NLR Boiler #3 manufactured by: Superior, Model number: MS7-X-3750

2. LR Boiler #1 manufactured by: Johnston, Model number: SVRC

2. LR Boiler #2 manufactured by: Johnston, Model number: SVRC

2. LR Boiler #3 manufactured by: Johnston, Model number: SVRC

1. Combustion Analysis and Safety Device Testing personnel shall be qualified for boiler plant burner, control and instrumentation testing. Proof of qualification shall be provided to the COR upon request. Qualifications include completing at least a one-year trade school and five years successful experience in this field. The experience shall be largely with institutional and industrial boiler plants similar in design to the VAMC plants.

1. “Reference Materials” are comprised of the latest versions of the below, plus any other materials/manufacture reference materials needed to complete all contract requirements:

4. VHA Boiler Plant Safety Device Testing Manual, 7th Ed.

1. The testing personnel shall be equipped with portable electronic flue gas analyzers and all other test instruments necessary for the required tests and calibrations, all currently calibrated either according to the manufacturer’s specifications or a standard traceable to the National Bureau of Standards.

0. Inspection and Testing Requirements:

2. At least two weeks’ notice to the Contracting Officer’s Representative (COR) is required prior to an inspection. Work cannot be scheduled during heavy steam load periods. Only one boiler at a time can be out of service for the inspection, testing and calibration procedures. Work must be conducted when the COR or his/her representative is available on site to monitor the work. The semi-annual safety device testing is to be performed in March/April then September/October. Contractor will complete testing in a timely manner. Within two weeks from start to finish.

2. Each burner and the burner control, monitoring and safety interlock systems shall be inspected and tested and adjusted as necessary.

2. VA will have the boilers that are to be serviced prepared for the test personnel upon their scheduled arrival. This includes having the boilers clean of soot and loose scale; fully warmed and at normal steam pressure; steam exhaust silencer system operable; all boiler, burner and fuel train pressure gages and thermometers calibrated; fuel meters in accurate operation (pressure/temperature correction factors provided, if applicable); boiler steam flow, stack temperature and flue gas oxygen instruments operating.

2. VA will comply with any other requirements of the test personnel that are considered reasonable by VA and have been presented in writing at least two weeks prior to the scheduled testing.

2. The COR or his/her representative will observe the work.

0. Safety Device Testing summary of requirements:

3. The inspections, testing, and adjustments shall comply with:

0. The recommendations and requirements of VHA Boiler Plant Safety Devices Testing Manual.

0. The written recommendations of the equipment manufacturers.

0. The requirements and recommendations of NFPA 85 Boiler and Combustion Systems Hazard Code including applicable appendices.

0. Burner performance requirements in this document.

3. A summary of the work is as follows:

1. Review boiler plant log sheets and alarm and trouble reports.

1. Review records that show combustion performance (flue gas oxygen).

1. Perform overall visual inspection of systems. Verify that systems comply with referenced codes and VA requirements stated in this contract.

1. Test the operation and set points of all burner/boiler safety interlock devices. Refer to list below. Record the settings and compare with required settings. Make adjustments as necessary and record the new settings. The operation of a device must result in burner shutdown and/or proper alarm operation.

1. Operate burner(s) on each fuel from low fire to high fire and back to low fire in at least six increments and record combustion performance (flue gas oxygen, carbon monoxide, NOx where applicable), fuel train pressures, atomizing train pressures, burner pressures, stack temperatures, boiler steam output.

1. Compare the combustion performance data with VA requirements (see below) and previous readings. If necessary, make adjustments to the fuel flow and combustion air controllers, control valves and dampers to obtain the required performance. Record the new performance data. If further work, such as repairs or burner modifications, is needed to correct any problems, provide recommendations to the COR.

1. Verify accuracy of instrumentation listed below. Verify that all devices are properly selected for the application in terms of type, size, set point range, performance, and code approval. Calibrate all instruments that are not within manufacturer’s specifications for accuracy.

1. Immediately inform COR of any recommended repairs, modifications, or safety related problems.

3. List of interlocks and safety devices to be inspected and tested on each Boiler/Burner/Condensate/DA tank/Plant safety:

2. Low Water alarm on Condensate Tank (LWACT)

2. High Water alarm on Condensate Tank (HWACT)

2. Low Water alarm on DA Tank (LWADT)

2. High Water alarm on DA Tank (HWADT)

2. DA Tank Overflow Drain System (DAODS)

2. DA Tank Safety Valve (DASV)

2. Steam Safety Valve following PRV (SVFPRV)- Deaerator

2. Liquid Relief Valve on Oil Pump Set (LRVOPS)

2. Carbon Monoxide and Combustible Gas Alarms in the Boiler plant.

The Following Items Are to Be performed on Each Boiler

2. Liquid Relief Valve on Economizer (LRVE)

2. Propane Pilot Backup System

2. Low Water alarm and Cutoffs on Boiler (LWA/LWCO/ALWCO)

2. High Water alarm on Boiler (HWAB)

2. Recycle and Non-recycle Steam pressure limit switches (RBSPLS & NRBSPLS)

2. Steam safety valves on Boiler (SVB)

2. Low Fuel Gas Pressure Cutoff Switch (LFGPCS)

2. High Fuel Gas Pressure Cutoff Switch (HFGPCS)

2. Automatic Fuel Gas Shutoff Valves and Solenoid Vent Valve Seat Leakage (AFGSOV & AFGSVV)-Main Gas Line

2. Automatic Pilot Fuel Gas Shutoff Valves and Automatic Pilot Fuel Gas Solenoid Vent Valve Seat Leakage (APFGSOV & APFGSVV)

2. Proof of closure on Automatic Fuel Shutoff Valves (POCAFGSOV) – Natural Gas

2. Flame Scanner for main flame out (FSMFO) – Natural Gas

2. Flame Scanner for main flame out (FSMFO) – Fuel Oil

2. Flame Scanner Not Sensing Igniter Spark (FSNSIS)

2. Igniter Timing (IT)

2. Main Flame Ignition Timing (MFIT)

2. Pre-Purge and Post-Purge Timing (PPT)

2. Low Fire Proving Switch (LFPS)

2. Forced Draft Damper Wide-Open Pre-Purge Proving Switch (FDDWOPS)

2. Combustion Air Pressure Switch (CAPS)

2. Purge Airflow Proving Switch (PAPS)

2. Forced Draft Motor Interlock Switches (FDMIS)

2. Outlet Stack Damper Position Interlock Switch (OSDPI)

2. Furnace Pressure Interlock (FPI)

2. Low Pilot Gas Pressure Cutoff Switch (LPFGPCS)

2. Flue Gas Recirculation Damper Interlock (FGRDI)

2. Low Flue Gas Oxygen Level Interlock (LFGOLI)

2. Low Fuel Oil Pressure Cutoff Switch (LFOPCS)

2. High Fuel Oil Pressure Cutoff Switch (HFOPCS)

2. Low Atomizing Media Pressure Switch (LAMPS)

2. Automatic Fuel Oil Shutoff Valves (AFOSV) – for Seat Leakage

2. Proof of Closure on Automatic Fuel Oil Shutoff Valves (POC_AFOSV) – Oil

2. Oil Burner Position Switch (OBPS)

2. Emergency Stop/Panic Buttons (ESPB)

3. Required burner performance (natural gas and fuel oil):

3. Test all boilers to ensure they operate properly after adjustments

3. Contractor shall coordinate with COR to schedule all testing

3. Feed water de-aerator pressure vessel inspections must be scheduled during periods of low steam demand.

3. Coordinate the inspection schedule with the COR so that VAMC can have personnel available to monitor the inspections.

3. The testing must comply with Methods for testing safety devices in VHA Boiler Plant Safety Device Testing Manual, 5th Edition.

0. Summary of the minimum testing requirements for boilers:

0. Test all safety devices on six boilers in accordance with VHA Boiler plant safety device testing manual ( Fifth Edition ) and provide written reports on each individual boiler. Contractor must use testing reports in VHA Boiler plant safety device testing manual

0. Summary of the minimum testing requirements for Feed water Deaerators and Condensate tank:

0. Test all safety devices on two Deaerator tanks and two Condensate tanks in accordance with VHA Boiler Plant safety device testing manual ( Fifth Edition ) and provide written reports on each tank. Contractor must use testing reports in VHA Boiler plant safety device testing manual.

1. SCHEDULING ARRANGEMENTS: Except by special alternative arrangement, scheduled work will be performed only during VAMC’s normal working hours (8:00 a.m. to 4:30 p.m. Monday through Friday excluding federal holidays). Contractor shall schedule all work within 1 week of contract award, approved by VA COR. Vendor shall provide at least two weeks’ notice to the Contracting Officer’s Representative (COR) prior to performing the work. Work cannot be scheduled during heavy steam load periods. Only one boiler at a time can be out of service for the inspection, testing, and calibration procedures. Work must be conducted when the COR or his/her designate is available on site to monitor the work.

Check in/out procedures: Prior to commencement of and immediately after each service visit, the contractor and/or contractor’s authorized repair technician must check in and out with the VAMC Boiler Plant staff. Due to heightened security requirements, the contractor and/or contractor’s authorized service representative will be required to wear an ID Badge which will be signed for upon arrival and turned in when leaving.

1. FEDERAL HOLIDAYS: Federal holidays are any calendar days designated by statute or executive order as federal holidays. Federal holidays consist of New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas.

1. DOCUMENTATION: Contractor shall use the documentation provided by the Boiler plant with individual service reports, which describes the inspection services performed on the equipment.

Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

(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 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 number, if applicable;

(ii) The specific prohibition the product or service is not complying with;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the contractor would like the Government to consider a waiver, and asks for such a waiver);

(vii) Whether alternative products or services are available that would comply with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions implemented or recommended.

(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as follows:

(i) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new information.

(4) The contractor shall also report the information in paragraph (h)(1) if the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification.

(i) New FASCSA orders report.

(1) During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (e) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(3) The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this clause if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s). For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. The Contractor shall report the following information within 72 hours for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order:

(i) Contract number and order number, if applicable;

(ii) Name of the covered article or source subject to a FASCSA order;

(iii) The specific FASCSA order the product or service does not comply with;

(iv) The elements of (h)(1)(iii) through (ix) of this clause.

(j) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (j) but excluding subparagraphs (d)(1) and (i)(1), in all subcontracts and other contractual instruments, including subcontracts for acquiring commercial products or commercial services.

(End of Provision)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an…