Solicitation Dane TSA.pdf

General Services Administration (GSA)

Public Buildings Service (PBS)

Combined Synopsis/Solicitation47PF5327R0001

CUSTODIAL AND RELATED SERVICES

Dane County Regional Airport - TSA Location

4000 International Lane

Madison, WI 53704 (WI1713ZZ)

Ultimate Period of Performance (including options):

Base Year: February 1, 2027 - January 31, 2028

Option Year 1: February 1, 2028 - January 31, 2029

Option Year 2: February 1, 2029 - January 31, 2030

Option Year 3: February 1, 2030 - January 31, 2031

Option Year 4: February 1, 2031 - January 31, 2032

Six-Month Extension: February 1, 2032 - July 31, 2032

TABLE OF CONTENTS

SYNOPSIS

STANDARD FORM 33 INCLUSIVE OF CONTRACT LINE CLINs AND CONTINUATION PAGE

INSTRUCTIONS TO OFFERORS

TERMS AND CONDITIONS

CONTRACT CLAUSES

SOLICITATION PROVISIONS

ATTACHMENTS(Attachments may be revised after award;revision dates will be updated as appropriate)

ATTACHMENT A: PERFORMANCE WORK STATEMENT (PWS)

EXHIBIT 1: BUILDING INFORMATION SHEET (BIS)

EXHIBIT 2: QUALITY ASSURANCE SURVEILLANCE PROGRAM (QASP)

EXHIBIT 3: SOLID WASTE & RECYCLING REPORT (RESERVED)

EXHIBIT 4: CONTRACTOR SUBMITTALS/DELIVERABLES CHART

EXHIBIT 5: EXPOSURE CONTROL PLAN (ECP) EXAMPLE

EXHIBIT 6: SNOW AND ICE REMOVAL PLAN EXAMPLE (RESERVED)

EXHIBIT 7: DEFINITIONS

EXHIBIT 8: ASBESTOS NOTIFICATION LETTER (RESERVED)

ATTACHMENT B: LINE ITEMS AND SCHEDULE OF SERVICES-ELECTRONIC OFFER SHEET-

PRICING TEMPLATE

ATTACHMENT C: REGISTRATION FORM

ATTACHMENT D: QUESTIONS AND ANSWERS SPREADSHEET

ATTACHMENT E: PROVISION REPRESENTATIONS SHEET

ATTACHMENT F: PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT G: (RESERVED)

ATTACHMENT H: WAGE DETERMINATION (WD) 2015-4897, Rev. 33, 08/22/2026

ATTACHMENT I: SUBCONTRACTING PLAN (RESERVED)

Solicitation47PF5327R0001

SYNOPSIS

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Proposals are being requested and a separate written solicitation will not be issued.

Solicitation number47PF5327R0001is issued as a requestfor proposal (RFP) for Custodial and Related

Services at the TSA Location in the Dane County Airport, 4000 International Lane, Madison, WI.

This acquisition is a Total Small Business Set-Aside. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

(i) Reference the Standard Form 33 listed below for a list of line-item number(s) and items, quantities, and units of measure (including option(s)).

(ii) Reference the Performance Work Statement (Attachment A) for a description of requirements for any items to be acquired in performance of this requirement.

(iii) Contemplated Period of Performance:

Base Year: February 1, 2027 - January 31, 2028

Option Year 1: February 1, 2028 - January 31, 2029

Option Year 2: February 1, 2029 - January 31, 2030

Option Year 3: February 1, 2030 - January 31, 2031

Option Year 4: February 1, 2031 - January 31, 2032

Six-Month Extension: February 1, 2032 - July 31, 2032

Location of performance: Dane County Airport-TSA Location, 4000 International Lane, Madison, WI 53704, WI1713ZZ

(iv) Reference the Terms and Conditions of this solicitation for a list of solicitation provisions that apply to the acquisition.

(v) Reference the Terms and Conditions of this solicitation for a list of the contract clauses that apply to the acquisition.

(vi)Solicitation Deadline/s:REGISTRATION IS REQUIREDfor both the virtual Pre-Proposal

Conference and in-person site visit.Reference AttachmentC Registration Form.

Registration Deadline: November 19th, 2026 5:00 p.m. Central Time

Registrations Confirmed & Google Invite will be sent by: November 20, 2026 12:00 p.m. Central Time

Virtual Pre-Proposal Conference: November 23, 2026 9:00 a.m. Central Time

In-Person Site Visit: November 23, 2026 10:30 a.m. Central Time

Questions Deadline: December 1, 2026 5:00 p.m. Central Time

Solicitation Closes December 14, 2026 5:00 p.m. Central Time

Questions must be submitted on Attachment D Questions and Answers Spreadsheet.

Questions and Proposals Shall be Submitted to both of the following:

Tekisha Randall

Contracting Officer tekisha.randall@gsa.gov and

Theodora Veresses-Kohlweiss

Contract Specialist theodora.veresses-kohlweiss@gsa.gov

INSTRUCTIONS TO OFFERORS

Offerors shall submit the following to the Contracting Officer and Contract Specialist listed in the synopsis, no later than the due date and time specified.

1.Completed Attachment E, Provision Representations Sheet.The Government reserves the right to verify and/or clarify provision representations with the apparent awardee prior to award.

2. Quality Control Plan (QCP): A complete QCPmustbe submitted with the initial offer. The

QCP must be specific to the contract specifications and location(s) listed. Refer to 1.4 Quality

Control Plan (QCP) in the Performance Work Statement for requirements.

3. Completed Attachment F – Past Performance Questionnaire

Past performance is relevant information regarding an offeror’s actions under previously awarded contracts. It includes the offeror’s overall quality of performance, record of conforming to contract requirements and standards of good workmanship; the offeror’s adherence to contract schedules including the administrative aspects of performance; effectiveness of their quality control programs, responsiveness of management; responsiveness to service calls and effectiveness of corrective action, offeror’s history of reasonable and cooperative behavior, commitment to customer satisfaction, offeror’s success in advancing sustainability programs and overall performance. This information will be obtained through feedback from the offeror’s customers. To be relevant, past performance information must be provided for contracts of similar or greater scope for

Governmental (Federal, state or local) or commercial properties of similar or greater size, complexity, use and tenancy. Past performance will be considered relevant if it meets all of the following criteria: Custodial and related services including but not limited to interior and exterior

(reserved), integrated pest management, trash removal, recycling and window washing. Custodial and related services at a building or buildings of similar or greater size, complexity, use and tenancy. For completed contracts, within five years from the closing date of this solicitation. For a current contract, the performance period is at least 2 consecutive years.

Offerors shall complete Attachment F – Past Performance Questionnaire. This form must be completed for each reference submitted that meets the criteria identified above. The offeror cannot use the same reference (i.e., same project and same contact person) more than once. Past performance will be evaluated by analysis of information provided by the offeror and by interviews with the offeror’s past and/or current customers. If the offeror submits under a teaming arrangement, unless the references submitted are for the teaming arrangement, each firm in the teaming arrangement will be evaluated and the composite score will be the average of all the scores for each firm of the teaming arrangement.

While offerors must submit evidence of a minimum of 3 customer references for past performance evaluations, they may provide more (but in no case shall they submit more than 5 references. (The

Government will consider two separate contracts as a single contract if they were consecutive and for the same location and services; e.g., two separate, but consecutive, one-year custodial service contracts for the same or similar work at the site location, will be considered one contract.) The

Government is not required to conduct or complete reference checks on more than 3 contracts, although it may choose to do so. Additionally, if more than 3 references are provided, the

Government reserves the right to choose which references to include in its evaluation.

In addition to those references provided directly by the offeror, the CO may identify and analyze the past performance of the offeror on any other relevant contract that they currently have or had of which the CO has knowledge or obtains knowledge, including but not limited to projects listed in theContractor Performance Assessment Reporting System(CPARS ). Because of the wide variety of past performance history of individual offerors, the Government is not required to ensure that an equal number of references be obtained for each offeror.

4. Complete Price Proposal. The price proposal shall include:

(A) a signed Standard Form 33. Solicitation, Offer and Award; and

(B) completed ATTACHMENT B - LINE ITEMS and SCHEDULE of SERVICES — ELECTRONIC

OFFER SHEET PRICING TEMPLATE

5. List of Subcontractors.

6. List of Supplies and Equipment.

This REQUEST for PROPOSAL does not commit the Government to pay for the preparation and/or submission of a proposal.

https://www.cpars.gov/

TERMS AND CONDITIONS

CONTRACT CLAUSES

Note to offeror: Blue font indicates sections for the offeror to review, complete and return with offer as applicable.

The Contractor is advised that wage increases claimed under the applicable Fair Labor Standards Act and

Service Contract Labor Standards-Price Adjustment clause in this contract will be denied if received outside the 30-day notification period, unless the Contracting Officer extends the period in writing. Wage increases claimed within the 30-day notification period may also be denied if the claimed increases are incomplete or inaccurate.

FAR 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. Thefull text of a clause may be accessed electronically atacquisition.gov.

Clause Number Clause Title Clause Date

52.203-6 Restrictions on Subcontractor Sales to the Government with Alternate I

NOV 2021

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021

52.203-17 Contractor Employee Whistleblower Rights NOV 2023

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 (GSA Class

Deviation RFO-2025-04)

System for Award Management Maintenance NOV 2025

52.208-9 Contractor Use of Mandatory Sources of Supply or

Services

MAY 2014

52.209-6 (GSA Class

Deviation RFO-2025-09)

Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

OCT 2025

52.209-9 (GSA Class

Deviation RFO-2025-09)

Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2025

52.209-10 (GSA Class Prohibition on Contracting with Inverted Domestic OCT 2025

Solicitation47PF5327R0001 https://www.acquisition.gov/ https://www.acquisition.gov/ http://acquisition.gov/

Deviation RFO-2025-09) Corporations

52.212-4 (GSA Class

Deviation RFO-2025-12)

Contract Terms and Conditions-Commercial Products and Commercial Services

OCT 2025

52.219-6 (GSA Class

Deviation RFO-2025-19)

Notice of Total Small Business Set-Aside NOV 2025

52.219-8 (GSA Class

Deviation RFO-2025-19)

Utilization of Small Business Concerns NOV 2025

52.219-9 (GSA Class

Deviation RFO-2025-19)

Small Business Subcontracting Plan

Alternate II

NOV 2025

52.219-16 (GSA Class

Deviation RFO-2025-19)

Liquidated Damages—Subcontracting Plan NOV 2025

52.219-33 (GSA Class

Deviation RFO-2025-19)

Nonmanufacturer Rule NOV 2025

52.222-3 (GSA Class

Deviation RFO-2025-22)

Convict Labor NOV 2025

52.222-35 (GSA Class

Deviation RFO-2025-22)

Equal Opportunity for Veterans NOV 2025

52.222-36 (GSA Class

Deviation RFO-2025-22)

Equal Opportunity for Workers with Disabilities NOV 2025

52.222-37 (GSA Class

Deviation RFO-2025-22)

Employment Reports on Veterans NOV 2025

52.222-40 (GSA Class

Deviation RFO-2025-22)

Notification of Employee Rights Under the National

Labor Relations Act

NOV 2025

52.222-41 (GSA Class

Deviation RFO-2025-22)

Service Contract Labor Standards NOV 2025

52.222-43 (GSA Class

Deviation RFO-2025-22)

Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (Multiple Year and Option

Contracts)

NOV 2025

52.222-44 (GSA Class

Deviation RFO-2025-22)

Fair Labor Standard Act and Service Contract Labor

Standards-Price Adjustment

NOV 2025

52.222-50 (GSA Class

Deviation RFO-2025-22)

Combating Trafficking in Persons NOV 2025

52.222-54 (GSA Class

Deviation RFO-2025-22)

Employment Eligibility Verification NOV 2025

52.222-62 (GSA Class

Deviation RFO-2025-22)

Paid Sick Leave Under Executive Order 13706 NOV 2025

52.222-90 (GSA Class

Deviation RFO-2025-22)

Addressing DEI Discrimination by Federal Contractors APR 2026

52.223-9 Estimate of Percentage of Recovered Material Content for EPA–Designated Items

MAY 2008

52.223-11 (GSA Class

Deviation RFO-2025-23)

Ozone Depleting Substances NOV 2025

52.223-12 (GSA Class

Deviation RFO-2025-23)

Maintenance, Service, Repair, or Disposal of

Refrigeration Equipment and Air Conditioners

NOV 2025

52.223-23 (GSA Class

Deviation RFO-2025-23)

Sustainable Products and Services (DEVIATION FEB

2025)

NOV 2025

52.224-3 Privacy Training JAN 2017

52.225-1 (GSA Class

Deviation RFO-2025-25)

Buy American-Supplies NOV 2025

52.225-3 (GSA Class

Deviation RFO-2025-25)

Buy American-Free Trade Agreements-Israeli Trade Act

Alternate II

Alternate III

NOV 2025

52.225-5 Trade Agreements NOV 2023

52.226-8 Encouraging Contractor Policies to Ban Text Messaging while Driving

MAY 2024

52.228-5 Insurance-Work on a Government Installation JAN 1997

52.229-12 (GSA Class

Deviation RFO-2025-29)

Tax on Certain Foreign Procurements JUL 2025

52.232-33 Payment by Electronic Funds Transfer—System for

Award Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 (GSA Class

Deviation RFO-2025-33)

Protest After Award NOV 2025

52.233-4 (GSA Class

Deviation RFO-2025-33)

Applicable Law for Breach of Contract Claim NOV 2025

52.245-1 Government Property – Alternate I (Apr 2012) SEP 2021

52.245-9 Use and Charges APR 2012

552.252-2, GSAR CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

The full text may be accessed electronically athttps://www.acquisition.gov/browse/index/gsam

Clause Number Clause Title Clause Date

552.204-9 Personal Identity Verification Requirements APR 2023

552.228-5 Government as Additional Insured JAN 2016

FAR CLAUSES INCORPORATED IN FULL TEXT

FAR 52.216-18 ORDERING (AUG 2020)

a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from February 1, 2027 through July 31, 2032.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

https://www.acquisition.gov/browse/index/gsam

(End of clause)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a)Minimum order. When the Government requires suppliesor services covered by this contract in an amount of less than $1.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b)Maximum order. The Contractor is not obligatedto honor-

(1) Any order for a single item in excess of $150,000.00

(2) Any order for a combination of items in excess of $150,000.00]; or

(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e.,includesthe Requirements clause at subsection 52.216-21 (GSA

Class Deviation RFO-2025-16) of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.216-22 INDEFINITE QUANTITY (NOV 2025) (GSA Class Deviation RFO-2025-16)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the

"maximum." The Government shall order at least the quantity of supplies or services designated in the

Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after July 31, 2032.

(End of clause)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 calendar days of contract expiration.

(End of clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of clause)

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (GSA Class Deviation

RFO-2025-19)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award

(e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System

(NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the

Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than

50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the

Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

☑ By the end of the base term of the contract and then by the end of each subsequent option period; or

□ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business

Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

This Statement is for Information Only:

Employee Class Monetary Wage Fringe Benefits Occupation Code

Janitor $19.08 $5.42 11150

(End of clause)

FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (NOV

2025) (GSA Class Deviation RFO-2025-23)(a) Definitions.As used in this clause—

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7 U.S.C.

8101) (7 CFR 4270.2).

USDA-designated product category a generic grouping of biobased products that are listed by USDA in a procurement guideline (7 CFR part 4270) and for which USDA has provided minimum biobased content standards (see https://www.biopreferred.gov/resources/categories.html).

(b) Requirement. The Contractor shall—

(1) Report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

FAR 52.240-91 Security Prohibitions and Exclusions (NOV 2025) Alternate I (NOV 2025) (GSA Class

Deviation RFO-2025-40)

(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 arrangements 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-pers ons-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 $10,000) 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) Contractors are prohibited from providing or using 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 any applicable FASCSA orders identified by the checkbox(es) in this paragraph

(e)(1). [Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA orders:]

Yes X No □ DHS FASCSA Order

Yes □ No X DoD FASCSA Order

Yes □ No X DNI FASCSA Order

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management

(SAM) at https://www.sam.gov to locate applicable FASCSA orders.

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).

(f) Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the

Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that this clause prohibits.

(h) General report.

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

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

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

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

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

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

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

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

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

(A) Brand;

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

(C) Item description, as applicable.

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

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

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

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

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

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

(4) The contractor shall also report the…