36C25626Q1279_1.docx

36C25626Q1207

GENERAL INFORMATION

Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

POINT OF CONTACT*

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

PLACE OF PERFORMANCE

2495 Shreveport Hwy

Pineville LA

COUNTRY

ADDITIONAL INFORMATION

DESCRIPTION

A.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 36C25626Q1279. 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% – Total Small Business Set- aside FAR Part 12.201. The North American Industry Classification System number is 333310 with a size standard of 1,000 Employees.

5. Place of Performance:

Alexandria VA Medical Center 2495 Shreveport Hwy Pineville, LA 71360

6. Delivery Schedule/Installation: All services shall be performed and completed no less than 30 days and no more than 60 calendars days from the date of award.

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 10:00A.M. Central Time on Wednesday 26 August 2026.

8. Quotes are due no later than Friday 28 August 2026 at 11:00 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.

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.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

A.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 36C25626Q1207. 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% – Total Small Business Set- aside FAR Part 12.201. The North American Industry Classification System number is 333310 with a size standard of 1,000 Employees.

5. Place of Performance:

Alexandria VA Medical Center 2495 Shreveport Hwy Pineville, LA 71360

6. Delivery Schedule/Installation: All services shall be performed and completed no less than 30 days and no more than 60 calendars days from the date of award.

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 10:00A.M. Central Time on Wednesday 26 August 2026.

8. Quotes are due no later than Friday 28 August 2026 at 11:00 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.

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.

Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 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:

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SECTION B – CONTINUATION OF COMBINED SYNOPSIS-SOLICITATION

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

6210 BASIC 2 FOLDER\F\ INSERTER

Contract Period: Base POP Begin: 09-03-2026 POP End: 10-15-2026 PRINCIPAL NAICS CODE: 333310 - Commercial and Service Industry Machinery Manufacturing PRODUCT/SERVICE CODE: 7520 - Office Devices and Accessories

6210-25 PERFORMANCE\F\ PACKAGE UPGRADE INCREASES THE SPEED AND MULTI-SHEET FEEDI

POP Begin: 09-02-2026 POP End: 10-15-2026

6210 BASIC 2 ANNUAL\F\ MAINTENANCE CONTR

POP Begin: 09-03-2026 POP End: 10-15-2026

B.3 DELIVERY SCHEDULE

2495 Shreveport Hwy Pineville, LA 71360

USA

318.466.2575 Tammy.Funk@va.gov

2495 Shreveport Hwy Pineville, LA 71360

USA

2495 Shreveport Hwy Pineville, LA 71360

USA

B.4 STATEMENT OF WORK

Page 1 of Page 1 of Page 1 of Page 1 of

1. Contracting Officer’s Representative (COR).

2495 Shreveport Hwy 71 N, Pineville, LA 71360

2. Contract Title: Letter Folding and Inserting Machine

1. Background: The Alexandria VA Medical Center in Pineville, Louisiana requires the procurement of a commercial grade of one (1) letter folding and inserting machine to support the operational needs of the Community Care Business Center. The Community Care Business Center processes a high volume of patient correspondence, including printed patient letters and outbound mail generated as part of routine administrative and clinical communication. An automated folding and inserting system is necessary to maintain timely, accurate, and efficient processing of outgoing mail to ensure that veterans receive essential benefits and healthcare information without delay.

The required equipment will directly support the patient letter print and mail unit and must be capable of sustaining high-volume, daily mail production. The contractor shall provide all necessary labor, equipment, and materials associated with supplying a commercial-grade mail system that meets the volume and performance requirements of the Department of Veterans Affairs. This includes the provision of a letter folding and inserting machine, a minimum 90‑day warranty, and a five‑year service plan to ensure sustained reliability and continued operational readiness.

This procurement will allow the Community Care Business Center to maintain efficient outgoing mail operations and ensure that veterans continue to receive timely, accurate, and essential correspondence. The required system must be capable of processing more than 1,000 letters per day while maintaining continuous, reliable performance during routine administrative operations.

2. Scope:

The Department of Veterans Affairs requires the procurement of a commercial-grade letter folding and inserting machine to support high‑volume administrative correspondence within a healthcare environment. The required system must be capable of processing more than 1,000 letters per day while maintaining continuous, reliable performance during routine administrative operations.

The equipment must meet the following capability requirements:

1. Processing Capacity The system must process greater than 1,000 folded and inserted mail pieces per day without degradation in performance.

2. Folding Capability The system must support multiple fold configurations, including but not limited to:

• C‑fold

• Z‑fold

• Half‑fold

• Double‑fold

• Custom fold settings when required for specialized correspondence.

3. Insertion Capability The system must automatically insert folded letters into standard commercial envelopes. It must support:

• Single‑page and multi‑page collations

• Inserts, notices, return envelopes, or additional materials as required

• Automated envelope sealing.

4. Feed and Material Handling The system must include:

• Automated document feeders capable of handling high‑volume processing

• Multi-station feeders to accommodate various insert types

• Compatibility with standard office paper weights and envelope formats.

5. User Interface and Controls The equipment must provide a user‑friendly interface with programmable job settings, allowing VA personnel to create, store, and recall commonly used processing configurations.

6. Reliability and Duty Cycle The system must be designed for continuous operation in a healthcare administrative setting and maintain consistent performance during extended periods of operation.

7. Security and Privacy Requirements The system must ensure secure handling of sensitive correspondence and must not store or transmit any patient or administrative data.

8. Installation, Training, and Support The contractor must provide installation, configuration, and operational training for end users. Maintenance support, warranty coverage, and technical assistance must also be included.

Detailed Technical Specifications The contractor shall provide a commercial-grade letter folding and inserting system that meets or exceeds the following minimum technical specifications:

1. Daily Processing Capacity

• The machine must process more than 1,000 mail pieces per day during normal operations.

• The system must support high-volume batch processing and continuous throughput without performance degradation.

• Duty cycle must support sustained use in a healthcare administrative environment.

2. Inserting Capabilities

• Automatic insertion of folded documents into standard commercial envelopes (No. 9, No. 10, and similar).

• Ability to insert single and multi‑page document sets.

• Capability to include additional inserts such as flyers, return envelopes, or supplemental materials.

• Automated sealing of envelopes.

• Integrated envelope detection to prevent double-stuffing and misfeeds.

3. Feed and Material Handling

• High-capacity document feeder with minimum input tray capacity of 200 sheets.

• Multiple insert feeders (minimum two stations) to accommodate different insert types.

• Ability to handle standard office paper weights (16 to 32 lb bond or equivalent).

• Compatibility with standard envelope styles used by the VA.

• Automatic jam detection and user‑clearable access points.

4. System Interface and Controls

• Touchscreen or digital user interface with programmable job profiles.

• Ability to store, edit, and recall multiple job definitions for repeat processing.

• Status indicators for paper levels, envelopes, inserts, jams, and machine alerts.

• Operator‑accessible logs for job counts and maintenance notifications.

5. Accuracy and Quality Control

• Double‑document detection using mechanical, optical, or ultrasonic technology.

• Envelope presence detection to prevent misfeeds.

• Error detection with automatic stop and alert to the operator.

• Consistent fold accuracy within a tolerance suitable for envelope compatibility.

6. Performance and Reliability Requirements

• Designed for high‑volume administrative use in a healthcare setting.

• Must maintain operational reliability during extended daily periods of use.

• Mean time between failures consistent with commercial-grade mailroom equipment.

• Noise level appropriate for office environments.

7. Security and Privacy Features

• Secure handling of sensitive correspondence.

• No data storage of printed content.

• No capability to transmit, store, or network patient or administrative data unless approved in writing by VA IT.

8. Size, Power, and Environmental Requirements

• Must operate on standard commercial electrical power (110–120V AC).

• Physical dimensions suitable for placement in an office or mailroom work area.

• Must meet any required environmental controls for heat output and ventilation.

9. Installation and Training

• Contractor shall provide installation, configuration, and full operational testing.

• Contractor shall provide user training for VA personnel, covering job programming, troubleshooting, and routine maintenance.

10. Warranty and Maintenance Support

• Minimum two‑year Basic Annual Maintenance -Extended Service agreement manufacturer warranty.

• Technician support for preventive maintenance and repair services.

• Availability of replacement parts and consumables.

The following Contract Line limes are being considered:

5. Specifications / Characteristics The provided machine shall meet or exceed the following minimum requirements based on the technical product details provided:

Full-color graphical touchscreen (minimum 7-inch) with at least 50 programmable jobs.

One or more automatic sheet feeders supporting up to approximately 325 sheets each (20 lb bond).

Multi-sheet feeding with accumulation prior to folding.

Top-loading envelope hopper with approx. 150-envelope capacity.

Supports folding of 4–5 sheet letters.

Fold types: C-fold, Z-fold, V-fold, double parallel, and no-fold.

High-capacity vertical output stacker holding approx. 500 filled envelopes.

Operational speed approx. 2,000–2,500 pieces per hour.

Monthly duty cycle approx. 15,000–20,000 pieces.

Supported sheet sizes approx. 3.5–14 in. high and 5–9 in. wide.

Supported envelope sizes approx. 3.5–6.35 in. high and 6.3–9.7 in. wide.

Optional features: CIS barcode scanning, productivity enhancements, additional feeders, trays, and cabinetry.

Approx. dimensions: 49 in. (L) × 36 in. (H) × 16.5 in. (W).

Power requirement: 120V AC, 60 Hz.

6. CONTRACTOR REQUIREMENTS

The Contractor will be responsible for:

- The contractor must be responsible for all labor, materials, tools, transportation, and incidentals necessary to fulfill this requirement.

- The contractor must perform all services on the leased hardware and software such as installation, de-installation, maintenance, repair and/or replacement, relocations, training and responding and resolving incidents, service requests and changes transportation, service delivery management system(s), equipment, parts, and all required supplies necessary for operation of the mail hardware.

-The contractor must ensure that all delivered production equipment, mailing equipment, onsite installation, onsite maintenance, professional IT services, and associated services are free from defects in workmanship and material under normal use and maintenance conditions, for the length of the contract; as well as accepted by the Government.

Testing & Validation:

- Conduct a comprehensive functionality test to verify proper operation.

- Perform tests to ensure accurate performance.

- Address any defects, malfunctions, or calibration issues before final acceptance.

- The contractor personnel who are production personnel must have the skills, knowledge and ability to perform the services required by this contract and must be OEM factory trained and employed by the awarded contractor or subcontractor.

- The contractor must respond to service calls during normal working hours, Monday through Friday, 8am to 4:30pm (excluding Federal holidays).

The contractor must respond to verbal service calls within 30 minutes after notification of malfunction of production equipment.

- The contractor must respond to service calls for software within 2 working hours.

-The contractor must respond to service calls for mailing equipment within 24 hours.

Performance Requirements:

-The Contractor must perform all services on the leased, mail software such as installation, de-installation, maintenance, repair and/or replacement, relocations, training and responding and resolving incidents, service requests. The vendor will provide a certified Project Manager to manage the entire project and maintain the appropriate meetings and timeline to ensure timely installation and training.

GOVERNMENT REQUIREMENTS

The Government will be responsible for:

- Providing appropriate working area space with electrical outlet and LAN connection

- Provide all points of contact for project, including OI&T.

- Coordinating access for delivery and installation

- Facilitating staff availability for training and commissioning

- Provide access to delivery and installation sites

- Designate a Contracting Officer’s Representative (COR)

- Review and approve deliverables and documentation

- Conduct acceptance testing in coordination with the Contractor

- Provide timely feedback and acceptance decisions

- Ongoing operational use in accordance with manufacturer guidance

TRAINING

The contractor must provide on-site training within three (3) business days after installation of all solutions for key operators.

- User training: one (1) end user training session for up to two (2) hours for up to six (6) people.

- One (1) week of comprehensive training to review hardware, software, applications and how to incorporate new technology and workflows into the current system.

On-going training throughout the first 30, 60, 90 days.

- Software operations and workflow

- One (1) process specific users’ guide will be provided in MS Word and/or PDF formats for distribution to users.

DELIVERY

The contractor shall:

- Deliver all equipment to the nominated facility within agreed timeframes

- Install and commission print/mail unit in accordance with manufacturer specifications

- Perform functional testing prior to clinical use

- Provide initial user and technical training

- Supply all required documentation, including manuals and compliance certificates Delivery and installation (place of performance) must be coordinated to minimize disruption to clinical services.

Period of Performance: The item being requested shall be delivered 30 ARO days from the time of award. Product may be shipped sooner if available.

This is a one-time purchase; delivery should be completed within 30 ARO days from date of award. Working hours are between 8:00a.m. – 4:30p.m., Monday through Friday. All federal holidays excluded.

The VA follows all Federal holidays that are set by law (USC Title 5 Section 6103).

The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

In addition to the days designated as holidays, the Government observes the following days:

1. Any other day designated by Executive Order.

2. Any other day designated by the President’s Proclamation; and

3. Any other day designated by Federal Statute.

10. Place of performance:

Alexandria VA Medical Center Warehouse Building 136 2495 Shreveport Highway 71 North Pineville, LA 71360 POC: Tammy Funk Phone: 318-466-2676 Email: TammyFunk@va.gov

11. INVOICE AND PAYMENT

The invoice shall be properly prepared in accordance with FAR 52.212-4, contain sufficient details, and at a minimum, include the following details:

a. IFCAP Obligation Number

b. Contract Number

c. Description of the supply/service rendered

d. Billing period/date when the services were rendered and

e. Invoice number and date Payments will be made in accordance with the Prompt Payment Act out of the Government annual appropriated funds obligated in an order which will be issued after the contract is awarded.

Note: Invoices that are not in compliance with the aforementioned requirements under this paragraph will be rejected for payments and required to be resubmitted.

8. Warranty -All repairs shall be performed by a vendor or contractor which has been certified by the vendor to perform the repairs.

(End of Statement of Work)

Statement of Work (SOW)

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 52.222-90 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.2 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…