36C26227Q0022_1.docx

SUBJECT*

ANNUAL MEDICAL GAS TESTING POP: 11/20/2026 - 11/19/2031

GENERAL INFORMATION

Department of Veterans Affairs VHA Regional Procurement Office West 650 East Indian School Road Phoenix AZ 85297

POINT OF CONTACT*

Contract Specialist Catherine Fernandez Catherine.fernandezpedernera@va.gov

PLACE OF PERFORMANCE

11201 Benton Street

Loma Linda CA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format Revolutionary FAR Overhaul (RFO) in Federal Acquisition Regulation (FAR) subpart 12.202, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-06 (eff. 10/01/2025), FAR Deviation NOV 2025 (eff. 11/19/2025), VAAR DEVIATION APR 2025 (eff. 04/01/2025), VAAM Alert 26-01 (eff. 10/01/2025), and Acquisition Policy Flash 26-23 eff. 11/19/2025).

This solicitation is set-aside for 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns IAW FAR 19.1405 SDVOSB Set-aside procedures, and VAAR Subpart 819.70, the VA Veterans First Contracting Program.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541380, with a small business size standard of $19 Million.

The FSC/PSC is H365.

The VA Loma Linda Healthcare System (VALLHCS), located at 11201 Benton Street, Loma Linda, CA 92357-1000 is seeking for a professional contractor to perform the annual medical gas distribution system inspection and testing.

All interested companies shall provide quotations for the following:

Supplies/Services

Refer to Price/Cost Schedule (Attached)

STATEMENT OF WORK (SOW)

I. TITLE:

VA Loma Linda Healthcare System’s (VALLHCS) Annual Med Gas Inspection

II. BACKGROUND INFORMATION:

VA Loma Linda Healthcare System’s (VALLHCS) requires a new inspection contract for Medical Gas Distribution System. The Medical gas distribution system must undergo routine source and pipeline system inspections and maintenance to ensure continuous patient safety.

III. OBJECTIVES:

VA Loma Linda Healthcare System’s (VALLHCS) Medical gas distribution system inspections shall comply with NFPA99 (Health Care Facilities Code), OSHA Life safety fire code, and the ASSE 6000 standard. They require annual central supply checks, routine alarm tests, and specialized third-party inspections by certified ASSE 6020 Inspectors.

The services performed shall conform to industry standards and this statement of work (SOW) and lockout and tagout procedures are to be done according to (OSHA Standard29 CFR 1910.147) VA Loma Linda Healthcare systems Policies and Regulations.

IV. SCOPE:

Contractors shall provide all labor, personnel, supplies, equipment, tools, materials, supervision and other necessary items. Inspection, testing and verification are mandatory for medical gas work and will be performed by licensed ASSE 6020 Medical Gas Inspectors and ASSE 6030 Medical Gas Verifiers.

Contractor shall perform Annual Medical Gas Distribution System Inspection on all Sources, Alarms, Zone Valves, and Patient Terminal Outlets / Inlets and bulk oxygen system.

Including Areas as follows:

Main Hospital First Floor:

CLC, CLC Palliative Care, CLC Rehab, 1SW, Mod 3, Emergency department, Second Floor:

ICU: 2SW, 2SE,

Third Floor:

OR 1 through 8, 3F-14, 3F-16, 3D-72, Recovery Room, SICU, X-Ray, MRI, Short Stay, G.I. Labs, 3NW, 3NE, 3SW, 3SE Fourth Floor: 4NW, 4NE, 4SW, 4SE, Nuclear Med, Dialysis, Blood Laboratory,

List of items provided for inspection:

Medical Gas Sources

Medical air compressors, vacuum pumps, gas manifolds, and any other device used to deliver medical gases to patients.

1.Inventoried by location.

2.Leak checked and documented.

3.Recommendations to comply with NFPA 99, 2024 edition Health Care Facilities Code.

Master Alarm Panels

Alarm panels are located at two separate locations throughout the facility. These panels monitor conditions directly from the medical gas sources.

1.Inventoried by location 2.Tested by removing existing pressure switches and other sensing devices to test the actuation points. No interruption of service is necessary if each device is mounted on code compliant demand fittings.

3.Verify proper points are being monitored at each panel.

4.Verify each panel is in the proper location.

5.Verify proper labeling.

Area Alarm Panels

Alarm panels that are located throughout the facility monitor medical gas pressures for the area only.

1.Inventoried by location.

2.Tested by lowering pressure in each zone for each gas and documenting the alarm point.

3.Verify proper location.

4.Verify proper labeling.

Zone Valve Boxes

Accessible valves typically found in a corridor covered by a plastic window used mostly for emergency purposes.

1.Inventoried by location.

2.Checked for leakage from packing, flange, and gauge port using oxygen safe leak detector.

3.Verify proper labeling.

4.Verify proper locations.

Medical Gas Outlets/Inlets

Connection points for each gas are located mostly in-patient areas.

1.Inventoried by location in each room or area inspected left to right and then top to bottom.

2.Complete an operational pressure test on each outlet and document pass/fail. (Test Parameters per NFPA 99, 2024 edition) 3.Check function of outlet/inlet and latching mechanism.

4.Check for leakage with equipment and without equipment attached.

5.Document connection type and outlet/inlet manufacturer.

Oxygen Particulate Analysis

Particulates are often found in existing medical gas systems due to improper installation methods that were used in the past.

1.Samples are taken on each floor in each building.

Medical Air Dewpoint Analysis

Moisture is removed from medical air systems at the source. Periodic Analysis of moisture throughout the facility is important to prevent possible contamination.

1.Samples are taken on each floor in each building.

2.A sample will be taken at the medical air source to compare building samples.

Emergency Oxygen Supply Connection Box

This box is typically mounted on the outside of a facility to facilitate the back feeding of the oxygen system if there is an interruption in service.

1.Inventoried by location.

2.Check existing location for proper compliance.

3.Check existing piping arrangements to ensure proper order of components.

4.Check to make sure box is secured.

Testing to ensure all medical gas booms, and columns are leak free

Most operating rooms and procedure rooms have some sort of device to help clinical personnel use the medical gases in the middle of the room by the patient.

These devices are either medical gas booms or columns. The hoses and threaded connections inside these devices need to be checked periodically to ensure that there are no leaks.

1. All hoses and secondary equipment were removed from the outlets on each boom and column.

2. A test pressure for each system was observed and documented.

3. All medical gas valves were shut over a period of 10 minutes.

4. After the test period of 10 minutes passed the pressure was observed once again.

5. Any pressure drop was recorded.

6. Recommendations will be made to find existing leaks and to make repairs.

Facilities responsibility:

A. The facility shall coordinate with all departments to notify of the medical gas/vacuum system inspection and or repairs to be completed.

B. The facility shall supply Inspecting personnel with facility maintenance personnel to unlock secured areas that have medical gas/vacuum systems, or a master key may also be supplied to complete inspection services.

V. REPORTS:

The contractor will annotate compliance with ASSE 6000, 6020 and 6030 Medical Gas specifications and requirements by submitting a detailed PM report to the Contracting Officer’s Representative (COR) along with pictures for each equipment, after PM is completed. The reports shall be submitted to COR, within 14 days of work completion. The contractor shall provide additional reports as required by the COR.

The contractor’s report shall show the information listed below. The report shall contain, at a minimum, any other information required by the COR and all applicable NFPA and Joint Commission and OSHA specifications, the following:

1. Date of P.M.

2. Time of P.M.

3. Identification of the equipment descriptions, manufacturer, and serial number

4. Location of equipment under P.M. or repair

5. Probable cause of repairs

6. Correction action (servicing, repair or replacement)

7. Who was notified?

8. Comments and recommendations.

9. Completion date

Contractor shall complete scheduled preventive maintenance service, inspection and repairs to NFPA and Joint Commission and OSHA requirements for the Medical Gas Distribution System.

VI. OVER AND ABOVE REPAIR:

Upon discovery of over and above repairs or unforeseen requirements, Contractor shall immediately notify the POC. Parts shall not be procured, nor installation or repairs initiated until approval is obtained from the Contracting Officer and appropriate Facilities Staff/POC. Charges for repair, labor and parts shall originate only when required and upon prior approval being granted by the Contracting Officer. Any additional work performed must be by licensed ASSE 6010 Medical Gas System Installers and ASSE 6040 Medical Gas System Maintenance Personnel.

VII. PERIOD OF PERFORMANCE:

Base Plus Four from performance start date. Work may be scheduled during the day or night (Depending on load demand), Monday thru Friday and/or Saturday thru Sunday.

· Daytime hours: 6 am to 4 pm

· Evening hours: 4 pm to 4 am

Contractor shall initiate work within 2 weeks of being contacted by the designated Contracting Officer’s Point of Contact (POC) or designee. Work shall be scheduled through the POC or designee, who will coordinate with VALLHCS staff. Timelines are subject to change due to VALLHCS operational requirements.

VIII. PLACE OF PERFORMANCE:

VA Loma Linda 11201 Benton St. Loma Linda, CA 92357

IX. LICENSING REQUIREMENTS:

a. Offeror must possess a 30-hour Occupational Safety and Health Administration (OSHA) safety card.

b. ASSE Medical Gas Verifier 6030

c. ASSE Medical Gas inspector 6020

X. SPECIFIC REQUIREMENTS:

a. Contractor shall schedule start date with POC or designee five (5) business days in advance.

b. Contactor personnel shall have valid Loma Linda PIV badges before starting work.

c. Contractor shall coordinate energy source LOCK OUT /TAG OUT procedures with VALLHCS Electrical Supervisor before starting work. When work is complete, Contractor shall notify the VALLHCS Electrical Supervisor that energy sources will be restored and require verification.

d. Contractor’s supervisor or lead technician are to check in with VALLHCS Electrical Supervisor, or in their absence, with Graphics Control prior to work each day.

e. Contractor shall conform to the following standards, policies, regulations, governing agency, and any other local, state, or Federal guidelines that are not listed here.

i. OSHA 29CFR Regulations, www.osha.gov

ii. NFPA 99, www.nfpa.org

1. Chapter 5 Gas and Vacuum Systems

a. 5.1 Category 1 Piped Gas and Vacuum Systems

b. 5.2 Category 2 Piped Gas and Vacuum Systems

c. 5.3 Category 3 Piped Gas and Vacuum Systems

iii. ASSE

XI. AUTHORIZED SERVICES:

Only those services specified herein are authorized under this contract. Before permitting and/or performing any service of a non-contract nature, the Contractor shall advise the CO of the reason (s) for the additional work and/or service. The Contractor is cautioned that only the CO or his/her designee may authorize additional service that are within the scope of this contract and that reimbursement shall not be made unless prior authorization is obtained from the CO. All changes to the contract shall be issued through a contract modification in writing from the CO to the Contractor.

XII. DELEGATION OF AUTHORITY:

No additional service shall be provided without the approval from the Contracting Officer (CO) or his/her designee of this contract. The Contractor shall not accept any instructions issued by any other person(s) other than the CO or his/her delegated representative acting within the limits of his/her authority.

XIII. GOVERNMENT-FURNISHED EQUIPMENT (GFE) GOVERNMENT FURNISHED INFORMATION (GFI):

No Government equipment will be used by the Vendor.

XIV. RECOGNIZED HOLIDAYS:

The following is a list of all Government recognized holidays:

In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 the following National holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays”:

New Year’s Day: January 1

Martin Luther King ‘s Birthday: Third Monday in January

President’s Day: Third Monday in February

Memorial Day: Last Monday in May

Juneteenth Independence Day: June 19

Independence Day: July 4

Labor Day: First Monday in September

Columbus Day: Second Monday in October

Veterans Day: November 11

Thanksgiving Day: Fourth Thursday in November

Christmas Day: December 25

If a holiday falls on Sunday, the following Monday shall be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

XV. CONTRACTOR EMPLOYEES AND BADGES:

Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. Examples: wearing of distinctive clothing such as uniform, badges, patches, etc.

All contractor personnel shall be required to wear VA provided identification (I.D.) badges above the waist at all times while on the VA grounds. Contractor shall be required to coordinate with the COR to obtain the VA provided I.D. badges for all staff. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from any of the VA facilities and/or otherwise referred to Government property.

XVI. SAFETY AND PPE EQUIPMENT:

Personal Protective Equipment shall be provided for each Contractor employee by the Contractor. Possession of weapons are prohibited.

XVII. SMOKING and VAPING POLICIES:

Smoking and vaping are prohibited on Government property.

XVIII. PARKING:

It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA Security Service. The VA shall not invalidate or make reimbursement for parking violations of the Contractor's personnel under any circumstances.

XIX. COMPLAINTS:

Contractor shall promptly and courteously respond to complaints within three (3) working days to the COR. Including complaints brought to the contractor’s attention by the CO. Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the individual, the nature of the complaint, and contractor’s response. Contractor shall permit the Government to inspect the written records of complaints upon reasonable notice from the CO.

**End of Statement of Work**

The purchase order period of performance is 11/20/2026 - 11/19/2031.

Free on Board Origin (FOB) is destination.

Place of Performance/Place of Delivery

VA Loma Linda Healthcare System (VALLHCS) Jerry L. Pettis VA Medical Center (VAMC) 11201 Benton Street Loma Linda, CA

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far.

The following solicitation provisions and clause apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023) (DEVIATION OCT 2025)”

2. FAR 52.252-1, “Solicitation Provisions Incorporated by Reference (FEB 1998)”

3. FAR 52.203-18, “Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017)”

4. FAR 52.204-7, “System for Award Management—Registration. (NOV 2024) (DEVIATION NOV 2025)”

5. FAR 52.217-3, “Evaluation Exclusive of Options (APR 1983)”

6. FAR 52.229-11, “Tax on Certain Foreign Procurements – Notice and Representation (NOV 2007)(DEVEATION SEP 2025)” RC

7. FAR 52.217-5, “Evaluation of Options. (JULY 1990) (DEVIATION NOV 2025)”

8. FAR 52.216-1, “Type of Contract (APR 1984) (DEVIATION NOV 2025)”

9. FAR 52.219-1, “Small Business Program Representations. (FEB 2024) (DEVIATION NOV 2025)”

10. FAR 52.252-5, “Authorized Deviations in Provisions (NOV 2020)”

11. VAAR 852.209-70, “Organizational Conflicts of Interest (OCT 2026) (DEVIATION)”

12. VAAR 852.273-74, “Award without Negotiations (OCT 2026) (DEVIATION)”

13. VAAR 852.252-70, “Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008)” The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions-Commercial Products and Commercial Services. (NOV 2023) (DEVIATION OCT 2025)”

· FAR 52.252-2, “Clauses Incorporated by Reference. (FEB 1998)”

· FAR 52.203-17, “Contractor Employee Whistleblower Rights. (NOV 2023)”

· FAR 52.203-19, “Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)”

· FAR 52.204-9, “Personal Identity Verification of Contractor Personnel (JAN 2011)”

· FAR 52.204-13, “System for Award Management-Maintenance. (OCT 2018) (DEVIATION NOV 2025)”

· FAR 52.209-6, “Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (DEVIATION NOV 2025)”

· FAR 52.209-10, “Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) (DEVIATION NOV 2025)”

· FAR 52.217-8, “Option to Extend Services (NOV 1999)”

· FAR 52.217-9, “Option to Extend the Term of the Contract (MAR 2000)”

· FAR 52.219-4, “Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (OCT 2022) (DEVIATION NOV 2025)”

· FAR 52.219-6, “Notice of Total Small Business Set-Aside. (NOV 2020) (DEVIATION NOV 2025)”

· FAR 52.219-28, “Post award Small Business Program Rerepresentation (JAN 2025) (DEVIATION NOV 2025)”

· FAR 52.222-36, “Equal Opportunity for Workers with Disabilities. (JUN 2020) (DEVIATION NOV 2025)”

· FAR 52.222-41, “Service Contract Labor Standards. (AUG 2018) (DEVIATION NOV 2025)”

· FAR 52.222-42, “Statement of Equivalent Rates for Federal Hires. (MAY 2014)”

· FAR 52.222-43, “Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (AUG 2018) (DEVIATION NOV 2025)”

· FAR 52.222-50, “Combating Trafficking in Persons. (NOV 2021) (DEVIATION NOV 2025)”

· FAR 52.222-55, “Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (DEVIATION NOV 2025)”

· FAR 52.222-62, “Paid Sick Leave Under Executive Order 13706. (JAN 2022) (DEVIATION NOV 2025)”

· FAR 52.223-5, “Pollution Prevention and Right-to-Know Information (MAY 2024)”

· FAR 52.226-8, “Encouraging Contractor Policies to Ban Text Messaging While Driving. (MAY 2024)”

· FAR 52.232-33, “Payment by Electronic Funds Transfer-System for Award Management. (OCT 2018)”

· FAR 52.232-40, “Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)”

· FAR 52.233-3, “Protest after Award. (AUG 1996) (DEVIATION NOV 2025)”

· FAR 52.233-4, “Applicable Law for Breach of Contract Claim. (OCT 2004) (DEVIATION NOV 2025)”

· FAR 52.244-6, “Subcontracts for Commercial Products and Commercial Services. (Jan 2025) (DEVIATION APR 2026)”

· FAR 52.222-90, “Addressing DEI Discrimination by Federal Contractors (APR 2026)”

· FAR 52.240-91, “Security Prohibitions and Exclusions. (DEVIATION NOV 2025)”

· FAR 52.240-92, “Security Requirements. (DEVIATION NOV 2025)”

· FAR 52.252-6, “Authorized Deviations in Clauses (NOV 2020)”

· VAAR 852.203-70, “Commercial Advertising (MAY 2018)”

· VAAR 852.204-70, “Personal Identity Verification of Contractor Personnel (OCT 2026) (DEVIATION)”

· VAR 852.219-74, “VA Notice of Total Set-Aside for Veteran-Owned Small Businesses (OCT 2026) (DEVIATION)”

· VAAR 852.232-72, “Electronic Submission of Payment Requests (OCT 2026) (DEVIATION)”

· VAAR 852.204-72, “Personnel Vetting and Credentialing (OCT 2026) (DEVIATION)”

· VAAR 852.219-75, “VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (JAN 2023) (DEVIATION)” All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. 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.

All quoters shall submit the following: All information required by FAR 52.212-1(b) Submission of Offers to include, but not limited to, SAM UEI.

All quotes shall be sent to the Network Contracting Office (NCO) Catherine.fernandezpedernera@va.gov

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of RFO FAR 12. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The following are the decision factors: Price, and past performance, with price more important.

Past performance will be based on CPARS and FAPIIS ratings. No rating in CPARS is equal to a neutral rating.

LICENSING REQUIREMENTS:

1. Offeror must possess a 30-hour Occupational Safety and Health Administration (OSHA) safety card.

2. ASSE Medical Gas Verifier 6030

3. ASSE Medical Gas inspector 6020 The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

*** Licenses must be submitted with the solicitation.

NOTE: RFO FAR 52.212-3 is RESERVED and replaced with: https://sam.gov/ registration is required to be complete at time of submission of response. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov/.

FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” (NOV 2023) (DEVIATION OCT 2025)

Addenda to FAR 52.212-4 are attached.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Note: It is “Encouraged” for all interested parties to attend the site visit on the date and time stated below.

Site visit: Site visit will be conducted by the COR Raymond Stockman, Raymond.Stockman@va.gov 909-841-1782 on November 04, 2026 at 11:00 am (PST) and will meet at the front main lobby located at 11201 Benton St., Loma Linda CA 92357. Please email Raymond Stockman. RSVP with your contact information if you plan to attend the site visit. Contractors are to measure on site visit areas.

Questions shall be received electronically only not later than 10:00 PDT on 11/05/2026 at Catherine.fernandezpedernera@va.gov.

Submission of your final response shall be received electronically not later than 10:00 AM PDT on 11/09/2026 at Catherine.fernandezpedernera@va.gov. Subject line should include “RESPONSE TO RFQ 36C26227Q0022.”

Submissions shall include your quote using the attached schedule as well as a capabilities statement with qualifications proving all certifications and education required for the work being conducted in the SOW. Submissions NOT meeting all requirements of the SOW will be considered ineligible for award.

Quotes should be based on the information provided as no discussions will be allowed. This solicitation is being made under FAR 12.201-1 Simplified Procedures.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Phone calls with questions will not be accepted.

Point of Contact Catherine Fernadez, Contract Specialist, Catherine.fernandezpedernera@va.gov.

A.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)

A.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 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…