36C25626Q1140_1.docx

36C25626Q1140

GENERAL INFORMATION

Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Rhonda Gibson rhon.gibson2@va.gov 7132501919

PLACE OF PERFORMANCE

510 East Stoner Avenue, Shreveport LA

ADDITIONAL INFORMATION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

B.1 COMBINED SYNOPSIS/SOLICITATION

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.201.-1, in conjunction with FAR Part 13, Simplified Acquisition Procedures for Certain Commercial Items as supplemented with additional information included in this notice. 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 36C25626Q1140. It is issued as a Request for Quote. The Government anticipates awarding one firm-fixed price purchase order resulting from this solicitation.

3. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2026-01 (eff. 03/13/2026)

4. This requirement is recommended to compete as 100% for Service – Total Disabled Veteran Owned Small Business Set- aside FAR Part 12.201. The North American Industry Classification System number is 339113 with a size standard of 800 Employees.

5. Place of Performance:

Overton Brooks VA medical Center 510 East Stoner Avenue, Shreveport, LA 71101

6. Delivery Schedule/Installation: The period of performance will based upon the day of award with a Base Year of 12 months and four (4) 12-month optional performance periods.

7. All questions regarding this solicitation shall be submitted via email to the Contract Specialist, Rhonda Gibson at Rhonda.gibson2@va.gov no later than 5:00P.M. Central Time on Monday 3 August 2026. Please ensure you answer ALL questions.

8. Quotes are due no later than Thursday 6 August 2026 at 10:00 A.M. Central Time and shall be submitted electronically via e-mail to the Contract Specialist, Rhonda Gibson at rhonda.gibson2@va.gov

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 (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

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.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

36C25626Q1140 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.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256 Peter Wren Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

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.

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

B.3 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: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J044 - Maintenance, Repair, and Rebuilding of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

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: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J044 - Maintenance, Repair, and Rebuilding of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

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: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J044 - Maintenance, Repair, and Rebuilding of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

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: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J044 - Maintenance, Repair, and Rebuilding of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

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: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J044 - Maintenance, Repair, and Rebuilding of Equipment - Furnace, Steam Plant, and Drying Equipment; Nuclear Reactors

B.4 DELIVERY SCHEDULE

510 E. Stoner Ave Shreveport, LA 71101

USA

1.00

(318)990-5210 Thomas.Trenton@va.gov

510 E. Stoner Ave Shreveport, LA 71101

1.00

510 E. Stoner Ave Shreveport, LA 71101

1.00

510 E. Stoner Ave Shreveport, LA 71101

1.00

510 E. Stoner Ave Shreveport, LA 71101

1.00

B.5 STATEMENT OF WORK

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DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS

BOILER PLANTS

STATEMENT OF WORK

Inspection, Safety Device Testing and Calibration Boiler Plant Burners, Controls, Instruments, and Data Management

1. Introduction:

A. Most Department of Veterans Affairs Medical Centers (VAMC) have a central boiler plant to provide steam for heating and air conditioning, domestic hot water, kitchens, and sterilization.

B. Boiler plant safety, reliability, efficiency, and equipment longevity are paramount concerns of VAMC management. Malfunctioning burners or controls can cause catastrophic events resulting in injuries and death and massive property damage. Inaccurate or inadequate data management and monitoring systems can fail to warn of unsafe or inefficient performance. Regular inspections, testing and calibration by expert technicians are an essential part of a program to address these concerns.

C. This “Statement of Work” describes the requirements for the inspection, testing and calibration of the boiler plant burners, controls, and instruments by qualified technicians.

D. Safety Device Testing and Tuning shall be conducted at the Overton Brooks VAMC (OBVAMC) located at 510 East Stoner Ave, Shreveport. LA.

E. The OBVAMC has three 250 HP Clever Brooks fire tube boilers located in Building 71. Additionally, the facility has three stand-alone low-pressure boilers located in Buildings 55 and 57.

2. Technician Qualifications:

A. Technicians shall have completed at least a one-year trade school and have five years successful experience in this field. The experience shall be largely with institutional and industrial boiler plants similar in design to the OBVAMC plant. The OBVAMC facility manager/engineer may define and accept equivalent qualifications.

B. Technicians shall demonstrate familiarity with and ready access to the current versions of the following references:

NFPA 85, Boiler and Combustion Systems Hazards Code.

VHA Boiler Plant Safety Device Testing Manual, current edition.

C. Technicians shall be equipped with portable electronic flue gas analyzers and other test instruments necessary for the required tests and calibrations, all calibrated within one month of the site visits. OBVAMC has the items listed in Attachment A The technicians must be capable of programming the controls and have the appropriate hardware and software for this.

3. Inspection, Testing and Calibration Requirements:

A. Technicians shall provide all tools and labor necessary to perform inspection, tuning, testing, calibrating, and adjustments of burners and boiler and boiler plant controls as specified below. This shall be done every six months in accordance with a schedule provided by OBVAMC. OBVAMC may extend the schedule for burners in limited service.

B. Instrumentation, monitoring, and data management systems as listed below shall be calibrated every six months.

C. Provide at least two weeks notice to the Contracting Officer’s Technical Representative (COTR) 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 COTR or his/her designate is available on site to monitor the work.

The COR is: Trenton Thomas

D. OBVAMC will have the boilers that are to be serviced prepared for the technicians 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.

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

F. The inspections, testing and calibrations shall comply with:

1) The recommendations and requirements of VHA Boiler Plant Safety Devices Testing Manual, current edition.

2) The written recommendations of the equipment manufacturers.

3) The requirements and recommendations of NFPA 85 Boiler and Combustion Systems Hazards Code including applicable appendices.

4) Burner performance requirements in this document.

G. A summary of the work is as follows:

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

2) Review records that show combustion performance (flue gas oxygen and carbon monoxide).

3) Perform overall visual inspection of systems. Verify that systems comply with referenced codes and OBVAMC requirements stated in this contract.

4) Test and record the operation and set points of all burner/boiler safety interlock devices. Refer to list below. Verify that the set points and operating points are within approximately 20% of normal operating parameters. Make adjustments as necessary and record the new settings. The operation of a device must result in burner shutdown and/or proper alarm operation.

5) 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

6) monoxide, NOx where applicable), fuel train pressures, atomizing train pressures, burner pressures, stack temperatures, boiler steam output.

7) Compare the combustion performance data with VAMC 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.

8) 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, code approval. Calibrate all instruments that are not within manufacturer’s specifications for accuracy.

9) Immediately inform COR of any recommended repairs or modifications.

H. All of interlocks and safety devices to be inspected and tested on each boiler/burner/equipment, are contained in the VHA Boiler Plant Safety Devices Testing Manual, Latest Edition, along with testing procedures.

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

1) Turndown (ratio of maximum and minimum firing rates): 10/1 8/1 5/1 4/1 (Refer to original burner specification).

2) Achieve, but do not exceed, boiler maximum steam flow output rating. Measure fuel input at minimum and maximum firing rates.

3) Maximum carbon monoxide: 200 parts per million (ppm)

4) Maximum NOx: (Refer to original burner specification).

5) Flue gas oxygen: 2.5 – 4.2% (Up to 5.2% at loads below 40% of maximum steam output; no upper limit at minimum firing rate; oxygen can be one percentage point higher on oil firing on single-point positioning systems).

6) Flue gas oxygen (low excess air burners): 1.0 – 2.0% (Up to 2.5% at loads below 40% of maximum steam output; no upper limit at minimum firing rate; oxygen can be one percentage point higher on oil firing on single point positioning systems).

7) No visible smoke, except on heavy oil fuel maximum opacity is 20%. Comply with local emissions regulations.

8) Flames shall be stable with no pulsations, shall be retained near burner, no blowoff or flashbacks, no constant flame impingement on refractory or waterwalls.

J. List of instrumentation and controls to be inspected and calibrated:

1) Steam flow transmitters (all).

2) Steam flow recorders/computer readout.

3) Flue gas oxygen sampling, analyzing and recorder/computer readout.

4) Boiler and economizer stack temperature transmitters and recorder/computer readout.

5) Master steam pressure and combustion controllers.

6) Boiler outlet draft controllers.

7) Boiler water level controllers.

8) Feedwater deaerator and condensate storage tank water level controllers including overflow.

9) All pressure and temperature sensors and transmitters.

10) All signal processing and readout devices.

4. Report Requirements:

A. Provide complete written report of the inspection fully describing all tests performed, all findings, and recommendations. The report shall have two sections the first section will be in a table form that with four columns:

a. The first column labeled “FUNCTION” did the device pass or fail.

b. The second column labeled “Device” list the device number and description in accordance with the VHA Boiler Plant Safety Devices Testing Manual, Current Edition.

c. The third labeled “Deficiencies-Recommendations”

d. The fourth column labeled “corrective actions” list any corrective actions taken during the inspection.

B. The next section shall be in paragraph/bulleted form and list each device individual in accordance with the VHA Boiler Plant Safety Devices Testing Manual, Current Edition. Also, the section must reference the correct Master Specification and Standard Detail for that device. See sample below.

5.1. Condensate Storage Tank High Water Alarm

Purpose: High water level may be an indication of condensate transfer pump failure that could lead to low water condition in the feedwater deaerator and in the boilers. There may be a failure of make-up water controls.

Recommended set point: 4 inches below overflow level and 2/3 of tank height.

Potential hazards due to failure of high-water alarm: Feedwater deaerator running dry and, consequently, boiler feed pumps running dry will cause overheating and damage to pumps and potential for plant shut down. Failure of make-up water controls (in open position) could lead to significant cost from waste of water and condensate from the tank overflow if this occurs over a long time period.

Recommended type of device: Conductivity probe type switch. Float type switches have high failure rate in this application where they are exposed to flash steam that causes seals to harden and prevent float movement.

VA Master Specification section: 23 50 11 (old 15625).

www.va.gov/facmgt/standard/ VA Standard Detail: SD232111-05.pdf www.va.gov/facmgt/standard/ Failure rate of float types: 48% (BEI study of VA boiler plants).

Make and Model: Mercoid Float Did it function properly: No Category & Action Time Limit: Upon Failure or Within 5 Years Comments: Float type switches are not allowed for high water alarms. The VA recommended switch type is a conductivity probe type switch. Install the VA recommended switch and set to alarm at 2/3 of the tank height. There are valves that can isolate this alarm. These valves must be made lockable only in the operating position.

C. Furnish report within one week of each facility inspection in “Microsoft Word” format by email to the COTR and to the VA Headquarters office designated. Provide hard copies of data sheets and flue gas analyzer “strip” printouts to the COTR within one week of visit.

D. All safety-related deficiencies shall be immediately reported to the COTR, Boiler Plant Supervisor and/or Chief Engineer during the inspection visit.

5. Period of Performance:

Base Year: 10/1/2026 through 09/30/2027 Option Year 1: 10/1/2027 through 09/30/2028 Option Year 2: 10/1/2028 through 09/30/2029 Option Year 3: 10/1/2029 through 09/30/2030 Option Year 4: 10/1/2030 through 09/30/2031

6. Federal Holidays observed by the VAMC are:

New Years' Day Martin Luther King Day Washington’s Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day *And any other federal holidays put in place during the duration of this contract.

Records Management:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic

8. data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

9. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

10. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

11. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

Statement of Work 18 Inspection and Testing – Boiler Plant Burners, Controls, and Instruments

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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:

(End of Addendum to 52.212-4)

C.1 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.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

C.3 52.240-91 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…