6982AF26Q000017 UT FLAP GAR BURR 1 Bullfrog Creek Bridge.pdf

REQUEST FOR QUOTATION (RFQ)

Issuing Office: United States Department of Transportation

Federal Highway Administration (FHWA) Central Federal Lands Highway Division (CFLHD)

12300 W. Dakota Avenue Lakewood, CO 80228

Agency Contact: Chinh Le, Contract Specialist Telephone: 720-963-3549 Email: chinh.le@dot.gov

Solicitation Number: 6982AF26Q000017

Title: UT FLAP GAR BURR(1) - Bullfrog Creek Bridge Drilling

Solicitation Release Date: July 27, 2026

Technical Questions Due Date: August 10, 2026

Quotation Due Date: August 17, 2026, 2:00 P.M. Mountain Daylight Time

PART I

RFQ INFORMATION AND INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

RFQ INFORMATION

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Revolutionary Federal Acquisition Regulation Overhaul (RFO) part 12. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation Number 6982AF26Q000017 is issued as a Request for Quote (RFQ) for a drilling contractor to conduct a geotechnical subsurface investigation for the UT FLAP GAR BURR(1) – Bullfrog Creek Bridge replacement project.

This acquisition is set-aside for small business concerns. The North American Industry Classification System (NAICS) code is 541380 with an industry size standard of $19.0M.

This solicitation incorporates provision and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov and https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

All contractors must have a current active registration in the System for Award Management (www.SAM.gov) at the time of quote submission in order to be eligible to receive an award under this RFQ.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in DOT solicitations. Examples include:

• 52.222-25, Affirmative Action Compliance, and

• 52.212-3(d), Offeror Representations and Certifications—Commercial Products and Commercial Services.

Contracting officers will not need to consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Notice to Quoters: This RFQ does not commit the Government to pay any costs for the preparation and submission of a quotation.

http://www.acquisition.gov/ https://www.acquisition.gov/far-overhaul/far-part-deviation-guide http://www.sam.gov/

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

In responding to this RFQ, quotations MUST include the following:

1. Technical/Price Quote: Submitted pricing in the format of the Contract Line Item Number (CLIN) Structure table shown in Part II.

2. Organizational Information: Quotations shall include the following mandatory business information regarding your company in the body of the cover email message:

a. Confirmation your company accepts Government Task/Delivery Orders.

b. Business Size (Small, Woman-Owned, Disadvantaged, Hub-Zone, Large, Non-

Profit, etc.)

c. Payment Terms (Government Standard is NET 30)

d. Unique Entity Identifier (UEI)

e. Federal Tax Identification Number (TIN) (9-Digits)

f. Correct Mailing Address for the order (include name, telephone, email address);

Note: Mailing address and entity name shall match the information in www.sam.gov

g. Verification company information listed in the System for Award Management

(SAM) is current and accurate. https://www.sam.gov/SAM

3. Instructions for Preparation of Quotations: Quotations shall be submitted electronically as Adobe (.pdf) files with the technical capability, pricing, past performance and organizational information sections submitted in a SINGLE email whose size shall not exceed 10 Megabytes.

4. Evaluation of Quotations: The Government intends to evaluate quotes and make a lowest price technically acceptable award. A verification of past performance will be completed.

NOTE: Failure to furnish all information required above may result in your quotation being considered non-responsive and eliminated from further consideration.

http://www.sam.gov/ https://www.sam.gov/SAM

PART II

SCHEDULE OF SERVICES

UT FLAP GAR BURR(1) – Bullfrog Creek Bridge

Task Unit Quantity Price Cost

Mobilization/Demobilization Lump Sum 1 $ $

HSA Drilling Rate

Linear Foot

Est. 90 $ $

HQ3 Core Drilling Rate

Linear Foot

Est. 20 $ $

SPT Sample Collection

Each

Est. 16 $ $

Stand-by Rate due to weather (please provide an hourly rate less than drilling rate to be paid if needed).

Hour

Daily Mobilization (lodging to project site) rate (please provide an hourly rate less than drilling rate to be paid).

Hour

Per Diem based on CONUS (daily rate per person) https://www.gsa.gov/travel/plan-book/per-diem-rates

Person-Day

Miscellaneous expenses (five 5-gallon buckets with lids and four core boxes)

Lump Sum

1 $ $

Water truck or trailer with an appropriate capacity to handle the drilling conditions and an adequately powered pump.

Day

Traffic Control (signs and cones to define work area)

Lump Sum

Total $

Dates of Availability: ___________________________ https://www.gsa.gov/travel/plan-book/per-diem-rates

GEOTECHNICAL DRILLING SCOPE OF WORK

Project Name: UT FLAP GAR BURR(1) – Bullfrog Creek Bridge

Project Location & Description: The Federal Highway Administration, Central Federal Lands Highway Division (CFLHD), in partnership with Garfield County, Glen Canyon National Recreation Area, and the National Park Service (NPS), is replacing the existing low water crossing at Burr Trail Road over Bullfrog Creek with a one-lane bridge structure. The existing low water crossing consists of a gravel surface with a single 48-inch corrugated metal pipe (CMP). The replacement bridge structure will reduce maintenance costs, mitigate sedimentation and erosion, and provide safe, year-round vehicle access to travelers.

The project site is located approximately 13 miles southwest of Ticaboo, UT. Maps of the project area are included in Figures 1 – 2 below.

Approximate Site Coordinates: 37.599733°, -110.783944°

Figure 1. Project Vicinity

Figure 2. Project Location

Scope and Site Accessibility: The subsurface investigation will include two geotechnical borings and two subgrade borings. Geotechnical borings will be completed off the existing roadway at the proposed abutment locations, and the subgrade borings will be completed within the existing roadway. The drill rig and all associated vehicles will stay on existing roadways except to access and advance the geotechnical borings.

Geotechnical borings will be advanced with hollow stem augers until refusal on bedrock. When bedrock is encountered, HQ3 wireline coring will be utilized to obtain a minimum of 10 feet of rock core sample in competent rock. Bedrock is anticipated to be relatively shallow, and geotechnical borings are estimated to be advanced to a maximum of 50 feet in depth. The shallow borings will be advanced with hollow stem augers until practical auger refusal or a maximum depth of 5 feet. Table 1 below provides a summary of the field exploration program.

An access route and drilling site will be cleared for the geotechnical borings prior to the investigation. This work is not the responsibility of the contractor and will be completed in coordination with Garfield County. Exploration locations and estimated access routes are presented at the end of this document. Boring locations may be adjusted in the field to avoid site obstacles, and access routes may be adjusted based on the terrain and ease of access. Photos of the project roadway and approximate boring locations are presented in Figures 3 – 4 below.

Table 1: Summary of Field Exploration Program

Exploration Designation

Purpose/Type Approximate Location Length of

HSA

(ft)

Length of Core (ft)

Total Depth

(ft) Latitude

Longitude

BH26-01 Geotechnical 37.599515 -110.783881 40 10 50 BH26-02 Geotechnical 37.599710 -110.784130 40 10 50

P-01 Subgrade 37.598908 -110.782967 5 N/A 5 P-02 Subgrade 37.600775 -110.785197 5 N/A 5

Notes:

- Footages are assumed and may be adjusted during drilling based on subsurface conditions

- Exploration locations may be adjusted during drilling based on drill rig accessibility

Figure 3. Approximate BH26-01 location (red arrow)

Figure 4. Approximate BH26-02 location (red arrow)

Drill Rig Accessibility: Drilling will take place both on and off the existing roadway. An off-road (track-mounted or similar) drill rig will be needed to access the geotechnical borings. The drilling sites are nearly flat, and the access routes may encounter slopes with roughly 1V:4H slope ratios. Surficial soils are sandy and likely loose. As previously mentioned, the drill sites and access routes will be cleared of vegetation prior to the subsurface investigation. The subgrade borings are to be advanced in the existing roadway which is composed of a gravel surface.

Anticipated Soil Conditions: Based on geologic mapping, surface reconnaissance, and nearby well logs, the soil conditions within the project area are anticipated to consist of alluvium and sandy soils (completely weathered bedrock) overlying sandstone bedrock. The sandy soils present as reddish-brown and contain gravel and cobbles. The alluvium presents as a light tan sandy soil with trace gravel, cobbles, and boulders. Boulders observed on the surface measured up to 2 feet along their greatest dimension. Within the channel banks the alluvium displays moderate cementation in the sandy matrix.

Borings and Sampling: A combination of HSA and HQ3 core drilling will be used for the subsurface exploration program. Within the overburden, planned sample frequency will be every five feet, with potential to vary at depth, using an SPT sampler provided by the contractor. No SPT samples will be taken in the subgrade borings. If an obstruction (i.e., cobble, boulder) is located at the five-foot interval, and the sampler refuses to advance, drilling will commence, and a sample will be taken as soon as the hole passes the obstruction. Hammer calibration must be within 1 year of the date drilling is performed, and a hammer calibration report is to be provided to FHWA prior to drilling. Grab samples will be collected if significant changes in the subsurface are noted between drive samples. Four bulk samples will be collected in 5-gallon buckets from drill cuttings in the first 5 feet of each boring.

When bedrock is encountered, the boring will be advanced using HQ3 wireline tooling with the ability to advance through sedimentary bedrock such as sandstone. Continuous core samples will be collected and stored in core boxes.

The drilling contractor will provide five 5-gallon buckets with lids for sample collection and four core boxes.

Traffic Control: Traffic control will not be needed for this project. However, the driller should bring advanced warning signs and cones to delineate the work area. A minimum single lane of passage must be accommodated during drilling.

Water Access: Water to be used for drilling operations, if necessary, will not be provided.

Procuring water is the responsibility of the drilling contractor.

Cleanliness of Site and Environmental Impact: It is allowable to backfill all borings with drill cuttings. All contractors working on public lands will follow the applicable agency’s rules and guidelines pertaining to environment and cleanliness.

Utility Locates: The drilling contractor is responsible for requesting public and private utility clearances. FHWA has provided coordinates for the approximate borehole locations and can provide additional location details if requested.

Schedule: FHWA will provide personnel on-site to determine the boring locations and depths, log the borings, and collect samples. Work is anticipated to take place in November 2026, as agreed upon by CFLHD and the contractor.

Please provide dates of availability and costs pertaining for the following:

1. Mobilization/Demobilization (lump sum).

2. HSA drilling rate (per foot). Estimate 90 linear feet.

3. HQ3 core drilling rate (per foot). Estimate 20 linear feet.

4. SPT sample collection (each). Estimate 16 SPT samples.

5. Stand-by rate due to weather (please provide an hourly rate less than drilling rate to be paid if needed).

6. Daily mobilization (lodging to project site) rate (please provide an hourly rate less than drilling rate to be paid).

7. Per diem based on CONUS (daily rate per person) (https://www.gsa.gov/travel/plan-book/per-diem-rates).

8. Estimate of misc. expenses (five 5-gallon buckets with lids and four core boxes) (lump sum).

9. Water truck or trailer with an appropriate capacity to handle the drilling conditions and an adequately powered pump (daily rate).

10. Traffic Control (signs and cones to define work area (lump sum).

11. Business classification and DUNS number.

Other notable items: Davis Bacon wages are not applicable as this is a service contract and not a construction contract. Work schedule to be determined by 10 to 12-hour days likely.

Should you have any questions, please contact Brendan McGarity, E:

Brendan.mcgarity@dot.gov | O: (720) 963-3427

PART IV

FEDERAL ACQUISITION REGULATION (FAR) AND TRANSPORTATION

ACQUISITION REGULATION (TAR) PROVISIONS AND CLAUSES

PROVISIONS

FAR & TAR PROVISIONS INCORPORATED BY REFERENCE

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisition.gov/far .

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statement-Representation (JAN 2017) 52.204-7 System for Award Management (NOV 2024)(DEVIATION SEP 2025) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations –

Representation (NOV 2015)(DEVIATION SEP 2025) 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services

(SEP 2023)(DEVIATION SEP 2025)

52.225-2 Buy American Certificate (OCT 2022)

FAR & TAR PROVISIONS IN FULL TEXT

52.240-90 Security Prohibitions and Exclusions Representations and Certifications

(DEVIATION SEP 2025)

(a) Definitions. As used in this provision—

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

https://www.acquisition.gov/far

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240- 91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation 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 in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer —

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $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 pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resourcecenter/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the

Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs

(c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

https://www.treasury.gov/resourcecenter/sanctions/SDN-List/Pages/default.aspx mailto:CISADA106@state.gov

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

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(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 offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant 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 undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

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

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the https://dibnet.dod.mil/

Contracting Officer.

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

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of provision)

FEDERAL ACQUISTION REGULATION (FAR) AND TRANSPORTATION

ACQUISITION REGULATION (TAR) CLAUSES

CLAUSES

FAR AND TAR CLAUSES INCORPORATED BY REFERENCE AND FULL TEXT

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.204-13 System for Award Management – Maintenance (OCT 2018)(DEVIATION

NOV 2025)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)(DEVIATION SEP 2025)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial

Services (NOV 2023)(DEVIATION SEP 2025)

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 the task order period.

(End of clause)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)(DEVIATION NOV

2025)

52.219-28 Postaward Small Business Program Representation (Jan 2025)(DEVIATION

NOV 2025))

52.222-3 Convict Labor (June 2003)(DEVIATION OCT 2025)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)(DEVIATION

OCT 2025)

52.222-41 Service Contract Labor Standards (Aug 2018)(DEVIATION OCT 2025)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014 )(DEVIATION OCT 2025) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056410 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056463

52.222-50 Combating Trafficking in Persons (Oct 2025)(DEVIATION OCT 2025)

52.222-55 Minimum Wages Under Executive Order 14026 (Jan 2022)(DEVIATION

OCT 2025)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)(DEVIATION

OCT 2025)

52.222-90 Addressing DEI Discrimination by Federal Contractors. (DEVIATION APR 2026)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024)(DEVIATION DEC 2025)

52.223-23 Sustainable Products and Services (MAY 2024) (DEVIATION FEB

2025)(DEVIATION DEC 2025)

52.225-1 Buy American-Supplies (Oct 2022)(DEVIATION NOV 2025)

52.226-7 Drug-Free Workplace (May 2024)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May

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 Protest After Award (Aug 1996) (DEVIATION SEP 2025)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (DEVIATION SEP

2025).

52.240-91 Security Prohibitions and Exclusions (DEVIATION SEP 2025)

(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.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056818 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053180 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674

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/speciallydesignated-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-andinformation.

(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:

https://home.treasury.gov/policy-issues/financial-sanctions/speciallydesignated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/speciallydesignated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/speciallydesignated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-andinformation https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-andinformation

(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…