36C25726Q0304.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C25726Q0304

Lesley Kitchen;Lesley.Kitchen@va.gov none 04-10-2026

3PM CDT

36C257 Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137

X 100

X

561990

$16.5 Million

N/A

36C257

Department of Veterans Affairs VISN 17 North Texas Healthcare System

4500 S Lancaster Rd Dallas TX 75216

36C257

NCO 17

Department of Veterans Affairs North Texas Veterans Health Care Center

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

Description: Wall-to-Wall Inventory

The contractor shall provide a quotation for Wall-to Wall Inventory services in accordance with the Statement of

Work and the terms and conditions contained herein.

See CONTINUATION Page

X 1

Donald Smith Contracting Officer

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN

2023) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION 2015-5227 REV 27

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

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 Name: _____________________________

Address: _____________________________

City/State/Zip:_____________________________

POC Name:_____________________________

POC Phone: _____________________________

POC Email:_____________________________

UEI:_____________________________

b. GOVERNMENT: Contracting Officer 36C257 Donald Smith Donald.Smith10@va.gov

Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137

Contract Specialist 36C257

Lesley Kitchen Lesley.kitchen@va.gov

Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W)

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly https://dvagov-my.sharepoint.com/personal/lesley_kitchen_va_gov/Documents/2026%20contracts/36C257-26-AP-1026%20GEMs%20Program/Donald.Smith10@va.gov https://dvagov-my.sharepoint.com/personal/lesley_kitchen_va_gov/Documents/2026%20contracts/36C257-26-AP-1026%20GEMs%20Program/Lesley.kitchen@va.gov

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:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

WALL- TO -WALL INVENTORY OF EQUIPMENT IN AMES/MERS

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

See SOW for more Information

ALL 90 days ARO

B.4 STATEMENT OF WORK

1. Background: The VA North Texas Health Care System (VANTHCS) requires a comprehensive, wall-to-wall physical inventory of fixed equipment across the Dallas VAMC and all supporting locations. This inventory ensures accurate asset accountability, strengthens compliance with VA property management controls, and supports audit readiness, budgeting, and life-cycle decisions. Field results will be reconciled against the Automated Equipment Management System/Medical Equipment Reporting System (AMES/MERS) equipment record system, with explicit variance analysis and corrective recommendations.

2. Objectives:

• Perform a complete wall-to-wall scan of all in-scope equipment in designated spaces.

• Validate and reconcile equipment records in AEMS/MERS against physical findings.

• Identify and disposition exceptions (unreadable/missing tags, found-not-in-system, ghost tags, duplicates, location mismatches).

• Deliver daily progress reporting and a final reconciled dataset with variance analysis and recommended corrective actions.

3. Scope of Work: The Contractor shall furnish all labor, materials, equipment, supervision, and travel to execute a comprehensive fixed-equipment inventory and barcode scan for the Dallas VAMC and supporting locations. Activities include:

a) Room-by-room coverage of all identified clinical, administrative, engineering, warehouse, and off-site areas.

b) Scan all “EE” prefix VA equipment tags; manually enter tag numbers if unreadable.

c) Mark inventoried equipment with color-coded visual tags (≤½″), distinguishing standard inventory vs items requiring VA follow-up.

d) Reconcile field results to the AEMS/MERS database; produce unreconciled reports and recommended actions.

e) Document inaccessible areas on the inventory spreadsheets and coordinate revisits with

VA leads.

f) Estimated workload: 50,000 - 60,000 items, completed within 90 calendar days.

4. Place of Performance: The contractor shall perform work at the following VA North Texas Health Care System (VANTHCS) facilities. Scanning will be conducted in every room within these locations as part of the scope of work.

4.1 VA Medical Centers

• Dallas VA Medical Center – 4500 South Lancaster Rd, Dallas, TX 75216 Hours of Operation: Open 24/7

• Sam Rayburn Memorial Veterans Center – 1201 East 9th St, Bonham, TX 75418 Hours of Operation: Open 24/7

• Garland VA Medical Center – 2300 Marie Curie Boulevard, Garland, TX 75052 Hours of Operation: Monday–Friday, 7:30 a.m.–4:00 p.m.

4.2 Outpatient Clinics- Hours of Operation: Monday–Friday, 8:00 a.m.–4:00 p.m.

• Polk Street VA Clinic – 4243 South Polk Street, Dallas, TX 75224

• Fort Worth Outpatient Clinic – 2201 Southeast Loop 820, Ft. Worth, TX 76119

• Decatur CBOC – 408 Park West Court, Decatur, TX 76234

• Denton CBOC – 2322 San Jacinto Boulevard, Denton, TX 76205

• Granbury CBOC – 1210 Paluxy Medical Circle, Granbury, TX 76048

• Grand Prairie VA Clinic – 2737 Sherman St, Grand Prairie, TX 75051

• Greenville CBOC – 8325 Jack Finney Boulevard, Greenville, TX 75402

• Plano CBOC – 3804 West 15th St, Suite 175, Plano, TX 75075

• Sherman CBOC – 1715 Texoma Parkway, Sherman, TX 75090

• Tyler Centennial VA Clinic – 428 Centennial Parkway, Tyler, TX 75703

• Fort Worth New York VA Clinic & Transitional Housing – 101 New York Avenue, Fort Worth, TX 76104

• Duncanville Suite (Contracting/Community Care Suite) – 124 E. Hwy 67 Suite 100, Duncanville, TX 75137

4.3 Vet Centers- Hours of Operation: Monday–Friday, 8:00 a.m.–4:30 p.m.

• Dallas Vet Center – 8610 Greenville Ave Suite 125, Dallas, TX 75243

• Mesquite Vet Center – 502 West Kearney St Suite 300, Mesquite, TX 75149

• Arlington Vet Center (Pantego) – 3337 W Pioneer Pkwy N, Pantego, TX 76013 Hours of Operation:

Monday: 8:00 a.m.–4:30 p.m.

Tuesday–Thursday: 8:00 a.m.–7:30 p.m.

Friday: 8:00 a.m.–5:00 p.m.

• Fort Worth Vet Center – 6620 Hawks Creek Avenue, Westworth Village, TX 76114 Hours of Operation:

Monday–Wednesday: 8:00 a.m.–6:30 p.m.

Thursday–Friday: 8:00 a.m.–4:30 p.m.

4.4 Other Locations- Hours of Operation: Monday–Friday, 8:00 a.m.–4:30 p.m.

• VISN 17 HQ – 2301 E Lamar Blvd., Ste 650, Arlington, TX 76006

• Dallas-Fort Worth National Cemetery – 2000 Mountain Creek Pkwy, Dallas, TX 75211

(Cemetery grounds open longer; office hours listed)

• Herzog CRRC – 4900 South Lancaster Road, Dallas, TX 75216

• Premiere Install Movers Storage Facility – 1002 Avenue T #200, Grand Prairie, TX 75050

Contractor shall coordinate daily access windows with VA staff. Facility escorts will be provided as required to ensure security and patient safety. Scanning activities will include all rooms within the listed facilities.

5. Period of Performance: The Contractor shall complete the physical inventory within 90 calendar days of Notice to Proceed (NTP) and deliver reconciliation reports at the end of each week.

6. In-Scope vs Out-of-Scope:

6.1 In Scope (Items the contractor will count):

a) Equipment that is currently being used and has a VA barcode/EE tag.

b) Equipment that is installed or clearly in use even if it does not have a tag (these items will be temporarily tagged and counted).

c) Any equipment located in normal, accessible areas such as exam rooms, hallways, supply rooms, and offices.

6.2 Out of Scope (items the contractor will not count):

a) Equipment listed in VA records as Loaned, Lost, Out of Service, in Storage, or Turned

In.

b) Any equipment stored inside cabinets, drawers, closets, private offices, or other secure areas. Access will only be provided by VA personnel.

7. Data Elements (Minimum): For each asset scanned or captured, Contractor will record:

a) EE Tag / Barcode / RFID (scanned or manually entered)

b) Manufacturer, Model, Serial Number

c) Room Location (Building, Floor, Room/Area)

d) Department/Service

e) Condition/Status (In Service, In Repair, Surplus, Missing, Retired)

f) Custodial Account / EIL (when available)

g) Notes/Exceptions (ghost tag, unreadable, duplicate, mismatch, contractor-applied tag)

8. Tools, Devices, & Labeling Materials:

a) Portable laptops/tablets with secure, encrypted storage & offline capability.

b) Barcode/RFID scanners compatible with EE tags (e.g., Zebra handhelds or equivalent).

c) Label printers and temporary barcode media for untagged equipment.

d) Color-coded visual tags (≤½″) for inventory confirmation and special-attention items.

9. Project Milestones & Inventory Process:

a) Kickoff & Pre-work:

i. Confirm site list with VA Leads

ii. VA personnel will provide the contractor with the most up-to-date station-wide inventory spreadsheet exported from AEMS/MERS.

b) Room-by-Room Scanning:

i. Scan EE tag; if unreadable, manual entry of tag number.

ii. For untagged equipment, apply contractor temporary barcode, capture attributes, and flag for VA follow-up.

c) Labeling & Visual Confirmation:

i. Apply standard color tags to inventoried equipment;

ii. Apply distinct color for items needing VA attention (e.g., data gaps, location mismatch).

d) Daily Data Handling & QA:

i. Convert scanned data to contractor system; Apply standard color tag to inventoried equipment; Apply distinct color for items needing VA attention (e.g., data gaps, location mismatch).

ii. At the end of each workday, the contractor shall return the updated spreadsheets to the property management team who will reconcile the daily results in AEMS/MERS.

e) Inaccessible Areas & Revisits:

i. Mark inaccessible zones on the inventory spreadsheet; coordinate revisits with VA leads and escorts.

f) Reconciliation & Closeout:

i. Compare field datasets to AEMS/MERS; produce unreconciled lists, ghost tag list, unreadable tag report, not matched by Consolidated Memorandum Receipt/Equipment Inventory Listing (CMR/EIL), not matched by equipment category, and contractor applied tag report; submit final deliverables within 5 business days of completion.

10. Staffing & Training:

a) Provide trained Inventory Specialists.

b) Assign a Site Lead to coordinate with the VA Facility Contract Lead and escalate issues for timely resolution.

11. Reporting & Deliverables:

11.1 Daily Deliverables (via secure electronic transfer):

a) Progress by building/floor/room; items scanned, exceptions logged.

b) Updated datasets, duplicates/anomalies flagged, inaccessible areas map updates.

11.2 Final Deliverables (within 5 business days of fieldwork completion):

a) Validated Asset Dataset Spreadsheet

b) Variance & Reconciliation Report (found/not-in-system; missing/not-found;

duplicates; tag issues).

11.3 Exception Logs:

a) Ghost Tagged items (no EE/EE number, tagged for follow-up)

b) Unreadable Tag Report

c) Unreconciled Equipment Details (AEMS/MERS entries not reconciled)

d) Not Matched by CMR/EIL and Not Matched by Equipment Category

e) Contractor-Applied Tags list

f) Locations missing doorjamb labels (storage identifiers)

g) Annotate the inventory spreadsheet with inaccessible areas and revisit notes.

h) Final Summary Report (methodology, coverage %, data-quality metrics, lessons learned, corrective recommendations).

12. Contractor Obligations:

a) Provide all required scanning hardware, laptops, printers, and consumables, which must be fully supplied and maintained by the contractor.

b) Maintain responsibility for the confidential handling and integrity of collected data.

c) Coordinate site access with COR; ensure safe, unobtrusive conduct in patient-care areas.

d) Replace/correct defective scans or mislabeled records prior to closing out.

e) Include all required documentation at delivery (user guides for scanners/printers if applicable).

13. Facility (Government) Responsibilities:

a) Designate a Facility Contract Lead and representatives from OI&T, Logistics, Engineering, and Police/Security to train, escort, and assist.

b) Provide AEMS/MERS exports, sample barcode labels, and confirm site access to minimize downtime.

c) Review daily and final deliverables; resolve discrepancies collaboratively and promptly.

d) Escort inventory teams at all times in restricted areas; arrange unlocking/access support.

14. Security & Privacy:

a) No PHI/PII will be collected; inventory focuses solely on equipment attributes.

b) All devices must use encryption at rest and in transit; data transfers via VA-approved secure channels.

c) Contractor staff must comply with badge/access rules and any facility security orientation requirements.

15. Safety, Infection Control and Environmental:

a) Follow VA facility PPE requirements; maintain clean, unobtrusive workflow in clinical areas.

b) Do not open drawers/cabinets or enter private/secured areas without escort.

c) Remove and properly dispose of temporary materials offsite in accordance with EPA/VA policies; avoid adhesive damage.

16. Quality Assurance & Controls:

a) Data validation rules: tag format checks, serial patterns, location codes, duplicate scans, completeness flags.

b) Spot audits by Site Lead; issue log with time-to-resolution tracked daily.

c) Coverage & Timeliness: ≥95% of in-scope areas inventoried within the 90 days window;

remaining areas documented with reason & scheduled revisit.

i. Data Quality:

ii. Duplicates ≤ 0.5%;

iii. Unmatched records ≤ 2% with disposition recommendations;

d) No blank critical fields (Tag, Location, Manufacturer, Model, Serial).

e) Deliverables: All reports submitted and validated; QA checks completed; exceptions clearly dispositioned.

17. Risk Management:

a) Access Constraints: Work in clinics, Operating Rooms, the Emergency Department, Diagnostic Imaging, Nuclear Medicine, and Mental Health clinics must be done after hours, Monday through Friday, from 3:30 p.m. to 7:00 p.m. VA staff will escort the contractor at all times to ensure security and patient safety.

b) Data Anomalies: Perform daily quality assurance checks, re-verify data entries, and track exceptions to maintain accuracy.

c) Operational Disruption: Coordinate closely with clinic managers and defer work in areas during critical patient care periods to avoid interruptions.

18. Assumption & Dependencies:

a) Timely facility access, escorts, floor plans, and AEMS/MERS exports.

b) Stable power/network in working areas or contractor offline capture capability.

c) Normal operations continue; some areas may require scheduled revisits.

19. Change Control: Any scope, schedule, or deliverable change must be preapproved in writing by the Contracting Officer (CO).

20. Invoicing & Payment: Invoice upon Government acceptance Include period covered, locations inventoried, and deliverable references.

21. Point of Contact (POC):

Christopher D. Whitehead Department of Veterans Affairs Supply Chain Management – Dallas VAMC 4500 S. Lancaster Rd., Dallas, TX 75216

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 http://www.va.gov/oal/library/vaar/index.asp

(End of Clause)

FAR/RFO

Number

Title Date

52.203-17 52.203-19

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

NOV 2023

JAN 2017

52.204-9

52.204-13

52.209-6

52.212-4

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXLUDED

CONTRACT TERMS AND CONDITIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

JAN 2011

OCT 2018

JAN 2025

NOV 2023

52.222-41 52.222-50 52.222-54 52.222-62 52.226-8

52.232-33

52.232-40

52.233-3 52.244-6

SERVICE CONTRACT LABOR STANDARDS

COMBATING TRAFFICKING IN PERSONS

EMPLOYMENT ELIGIBILITY VERIFICATION

PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM

FOR AWARD MANAGEMENT

PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

PROTEST AFTER AWARD

SUBCONTRACT FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

AUG 2018

NOV 2021

JAN 2025

JAN 2022

MAY 2024

OCT 2018

MAR 2023

AUG 1996

OCT 2025

852.203-70 852.219-73

852.232-72 852.242-71

COMMERCIAL ADVERTISING

VA NOTICE TO TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESSES

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

ADMINISTRATIVE CONTRACTING OFFICER

MAY 2018

JAN 2023

NOV 2018

OCT 2020

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— https://www.sam.gov

(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).

https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://www.trade.gov/consolidated-screening-list

(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.

https://www.sam.gov/

(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), that any product or service provided or used (or to be provided or used) during contract performance does not comply with any prohibition in this clause, then the Contractor shall report the following information, or as much information is known, in writing to the contracting office as identified in paragraph (h)(2) within 72 hours:

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

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

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

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

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

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

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

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

(A) Brand;

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

(C) Item description, as applicable.

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

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

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

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

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

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

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

(i) New FASCSA orders report.

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

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

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

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

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

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

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

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

(End of Provision)

C.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(i…