2.2.1 Solicitation Continuation Pages Amendment 01.pdf

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

Contact Type and Federal Supply Schedule 1

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in RFO 2

Part 12, as supplemented with additional information included in thus notice. This announcement constitutes 3 the only solicitation; quotes are being requested. 4

The Federal Emergency Management Agency (FEMA) is issuing a Request for Quote (RFP) under the RFO 6

Part 12 Acquisition of Commercial Products and Commercial Services. The solicitation documents and 7 incorporated provisions and clauses are those in effect through the Federal Acquisition Regulation. The 8

Government anticipated awarding a Firm Fixed Price (FFP) Purchase Order to the contractor that demonstrates 9 best value to the Government. 10

SECTION B: REQUIREMENT 12

FEMA requires the removal and disposal of all damaged racking and purchase and install new racking and 14 existing wire decks in support of the Federal Emergency Management Agency (FEMA) emergency response 15 mission at DC Fort Worth. 16

B.1 Description 18

See Attachment 1 – Statement of Work (SOW) 20

B.2 Period of Performance 22

The Period of Performance will be ninety (90) days from date of award. 24

B.3 Place of Performance 26

Delivery destination will be FEMA DC Fort Worth 28

501 W. Felix Street, Bldg. #12, 30

Fort Worth, TX 76115 31

Hours of Performance: The contractor shall schedule all delivery activities with the Contracting Officer’s 34

Representative (COR) and Facility supervisors, 35

Point of Contact: Government POC shall be provided upon contract award. 37

In case of inclement weather not permitting arrival of participants, the Government reserves the right to make 38 one adjustment to the period of performance with advanced notice. 39

All referenced RFO and HSAR provisions and clauses may be accessed electronically at 41 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide 42

B.4 Site Visit 44

A site visit is available upon request. Due date and time of request is Wednesday, August 12, 2026, at 46

3:00PM E.T. Site visit requests shall be submitted to Edward Ruud at Edward.ruud@fema.dhs.gov. 47 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

B.5 Identification of Government Officials 49

The Government Officials assigned to this contract are as follows: 51

Administrative Contracting Officer: 53

Name: Edward Ruud 54

Email: Edward.Ruud@Fema.dhs.gov 55

Contracting Officer’s Representative: 58

Name: To be provided upon award 59

Email: 60

B.6 Invoice Approval (JUN 2014) 62

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to 64 accept goods and services and to review and approve invoices for this contract: 65

Authorized Invoice Approver: 67

Name: TBD 68

Title: Contracting Officer’s Representative 69

Email: 70

SECTION C: CONTRACT CLAUSES 73

C.1 RFO 52.252-2 Clauses Incorporated By Reference (Feb 1998) 75

This contract incorporates one or more clauses by reference, with the same force and effect as if they were 76 given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text 77 of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-78 overhaul/far-part-deviation-guide 79

HSAR Number Title Date

3052.211-70 Index for Specifications Dec 2003

3052.212-70 Contract terms and Conditions Applicable to DHS Acquisitions and Commercial Items Jul 2023

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work Dec 2003

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility Dec 2003

3052.242-72 Contracting Officer’s Representative Dec 2003

RFO Number Title Date

52.202-1 Definitions Jun 2020

52.203-5 Covenant Against Contingent Fees May 2014

52.203-7 Anti-Kickback Procedures Jun 2020 mailto:Edward.Ruud@Fema.dhs.gov

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights

Nov 2023

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

Agreements or Statement-Representations

Jan 2017

52.204-7 System for Award Management Nov 2024

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming

Arrangements or Joint Ventures (Multiple-Award Contract) Aug 2024

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Nov

2025) (Deviation 25-27) (effective November 28, 2025)

Nov 2025

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2025) (Deviation

25-27) (effective November 28, 2025)

Nov 2025

52.211-5 Material Requirement Aug 2000

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Aug 2025)

(Deviation 25-21) (effective November 28, 2025)

Nov 2025

52.229-11 Tax on Certain Foreign Procurements – Notice and Representation Jun 2020

52.232-1 Payments Apr 1984

52.232-33 Payment of Electronic Funds Transfer-System for award Management Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.233-1 Disputes (Aug 2025) (Deviation 25-25) (effective November 3, 2025) Nov 2025

52.243-1 Changes-Fixed-Price (June 2025) (Deviation 25-09) Jun 2025

C.2 Local Clause 82

The Contractor will not use or deploy the use of Artificial Intelligence, as defined by 15 U.S.C. 9401(3), 83 unless expressly authorized by the Contracting Officer. 84

The term ‘‘artificial intelligence’’ means a machine-based system that can, for a given set of human-85 defined objectives, make predictions, recommendations or decisions influencing real or virtual 86 environments. 87

Artificial intelligence systems use machine and human-based inputs to – 88

• perceive real and virtual environments; 89

• abstract such perceptions into models through analysis in an automated manner; and 90

• use model inference to formulate options for information or action. 91

(End of Local clause) 92

C.3 HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial 94

Items (JUL 2023) (HSAR Deviation 25-09) (effective November 28, 2025) 95

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to 97 implement agency policy applicable to acquisition of commercial items or components. The provision or clause 98

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise 99 stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer 100 should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply 101 from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.] 102

(a) Provisions. 103

____3052.216–70 Evaluation of Offers Subject to An Economic Price Adjustment Clause. 104

____3052.219–72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program. 105

____3052.247–70 F.o.B. Origin Information. 107

____Alternate I 108

____Alternate II 109

____3052.247–71 F.o.B. Origin Only. 111

X 3052.247–72 F.o.B. Destination Only. 113

(b) Clauses. 114

____3052.203–70 Instructions for Contractor Disclosure of Violations. 116

X 3052.205–70 Advertisement, Publicizing Awards, and Releases. 118

____Alternate I 120

____3052.209–72 Organizational Conflicts of Interest. 122

X 3052.209–73 Limitation on Future Contracting. 124

____3052.215–70 Key Personnel or Facilities. 125

____3052.216–71 Determination of Award Fee. 127

____3052.216–72 Performance Evaluation Plan. 129

____3052.216–73 Distribution of Award Fee. 131

____3052.217–91 Performance. (USCG) 133

____3052.217–92 Inspection and Manner of Doing Work. (USCG) 134

____3052.217.93 Subcontracts. (USCG) 136

____ 3052.217.94 Lay Days. (USCG) 137

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

____ 3052.217–95 Liability and Insurance. (USCG) 139

____ 3052.217–96 Title. (USCG) 141

____ 3052.217.97 Discharge of Liens. (USCG) 143

____ 3052.217–98 Delays. (USCG) 144

____ 3052.217–99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG) 146

____ 3052.217–100 Guarantee. (USCG) 147

____ 3052.219–71 DHS Mentor Protégé Program. 148

_X 3052.228–70 Insurance. 150

____ 3052.228–90 Notification of Miller Act Payment Bond Protection. (USCG) 152

____ 3052.228–91 Loss of or Damage to Leased Aircraft. (USCG) 153

____ 3052.228.92 Fair Market Value of Aircraft. (USCG) 155

____ 3052.228–93 Risk and Indemnities. (USCG) 157

____ 3052.236–70 Special Provisions for Work at Operating Airports. 159

_X 3052.242–72 Contracting Officer's Representative. 160

_____ Alternate I 161

_____ Alternate II 162

_____ 3052.240-72 Safeguarding of Controlled Unclassified Information. 163

_____ Alternate I 164

_____ 3052.240-72 Notification and Credit Monitoring Requirements for Personally Identifiable Information 165

Incidents. 166

_____ 3052.242-72 Contracting Officer’s Representative. 167

_ 3052.249–90 Contract Termination (USCG). 168

(End of clause) 169

C.4 RFO 52.240-91 Security Prohibitions and Exclusions (Aug 2025) (Deviation 25-23) (effective November 3, 171

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

2025) 172

(a) Definitions. As used in this clause— 174

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal 176

Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award 177

Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.). 178

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at 180 the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be 181 wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). 182

Covered application means the social networking service TikTok or any successor application or service 184 developed or provided by ByteDance Limited or an entity owned by ByteDance Limited. 185

Covered article, as defined in 41 U.S.C. 4713(k), means: 187

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types; 189

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 191 of the Communications Act of 1934 (47 U.S.C. 153); 192

(3) The processing of information on a Federal or non-Federal information system, subject to the 194 requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or 195

(4) Hardware, systems, devices, software, or services that include embedded or incidental information 197 technology. 198

Covered foreign country means The People’s Republic of China. 200

Covered telecommunications equipment or services means— 202

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or 204 any subsidiary or affiliate of such entities); 205

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of 207 critical infrastructure, and other national security purposes, video surveillance and telecommunications 208 equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology 209

Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 210

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; 212 or 213

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that 215 the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the 216

Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise 217 connected to, the government of a covered foreign country. 218

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

Critical technology means— 220

(1) Defense articles or defense services included on the United States Munitions List set forth in the 222

International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal 223

Regulations; 224

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export 226

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and 227 controlled— 228

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and 230 biological weapons proliferation, nuclear nonproliferation, or missile technology; or 231

(ii) For reasons relating to regional stability or surreptitious listening; 233

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and 235 technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign 236 atomic energy activities); 237

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations 239

(relating to export and import of nuclear equipment and material); 240

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of 242 such Code, or part 73 of title 42 of such Code; or 243

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control 245

Reform Act of 2018 (50 U.S.C. 4817). 246

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by 248 an American Security Drone Act—covered foreign entity. 249

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security 251

Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one 252 or more named sources or named covered articles from executive agency procurement actions, as described in 41 253

CFR 201-1.303(d) and (e): 254

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the 256 extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to 257 as a Department of Homeland Security (DHS) FASCSA order. 258

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and 260 national security systems other than sensitive compartmented information systems. This type of FASCSA 261 order may be referred to as a DoD FASCSA order. 262

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence 264 community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of 265 this definition. This type of FASCSA order may be referred to as a DNI FASCSA order. 266

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

Information technology, as defined in 40 U.S.C. 11101(6)— 268

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic 270 acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, 271 switching, interchange, transmission, or reception of data or information by the executive agency, if the 272 equipment is used by the executive agency directly or is used by a contractor under a contract with the 273 executive agency that requires the use— 274

(i) Of that equipment; or 276

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a 278 product; 279

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage 281 devices necessary for security and surveillance), peripheral equipment designed to be controlled by the 282 central processing unit of a computer, software, firmware and similar procedures, services (including 283 support services), and related resources; but 284

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract. 286

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following— 288

(1) The Office of the Director of National Intelligence; 290

(2) The Central Intelligence Agency; 292

(3) The National Security Agency; 294

(4) The Defense Intelligence Agency; 296

(5) The National Geospatial-Intelligence Agency; 298

(6) The National Reconnaissance Office; 300

(7) Other offices within the Department of Defense for the collection of specialized national intelligence 302 through reconnaissance programs; 303

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the 305

Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy; 306

(9) The Bureau of Intelligence and Research of the Department of State; 308

(10) The Office of Intelligence and Analysis of the Department of the Treasury; 310

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or 312

(12) Such other elements of any department or agency as may be designated by the President, or designated 314 jointly by the Director of National Intelligence and the head of the department or agency concerned, as an 315

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

element of the intelligence community. 316

Interconnection arrangements means arrangements governing the physical connection of two or more networks to 318 allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer 319 of telephone provider A to a customer of telephone company B) or sharing data and other information resources. 320

Kaspersky Lab-covered article means any hardware, software, or service that— 322

(1) Is developed or provided by a Kaspersky Lab-covered entity; 324

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky 326

Lab-covered entity; or 327

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-329 covered entity. 330

Kaspersky Lab-covered entity means— 332

(1) Kaspersky Lab; 334

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”; 336

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or 338

(4) Any entity of which Kaspersky Lab has a majority ownership. 340

National security system, as defined in 44 U.S.C. 3552, means any information system (including any 342 telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization 343 on behalf of an agency— 344

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities 346 related to national security; involves command and control of military forces; involves equipment that is an 347 integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence 348 missions, but does not include a system that is to be used for routine administrative and business 349 applications (including payroll, finance, logistics, and personnel management applications); or 350

(2) Is protected at all times by procedures established for information that have been specifically authorized 352 under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of 353 national defense or foreign policy. 354

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when 356 unable to connect to the facilities of the home network either because signal coverage is too weak or because 357 traffic is too high. 358

Sensitive compartmented information means classified information concerning or derived from intelligence 360 sources, methods, or analytical processes, which is required to be handled within formal access control systems 361 established by the Director of National Intelligence. 362

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

Sensitive compartmented information system means a national security system authorized to process or store 364 sensitive compartmented information. 365

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier. 367

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation 369 or through another subsidiary of a parent corporation. 370

Substantial or essential component means any component necessary for the proper function or performance of a 372 piece of equipment, system, or service. 373

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from 375 within or on the aircraft (49 U.S.C. 44801(11)). 376

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links 378 and the components that control the unmanned aircraft) that are required for the operator to operate safely and 379 efficiently in the national airspace system (49 U.S.C. 44801(12)). 380

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver 382 or exception applies, the Contractor is prohibited from providing any products or services to the Government or 383 using in the performance of the contract any of the following: 384

(1) A covered application on any information technology owned or managed by the Government, or on any 386 information technology used or provided by the Contractor under this contract, including equipment 387 provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 388

2023 (Pub. L. 117-328)); 389

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization 391

Act for Fiscal Year 2018 (Pub. L. 115-91)); 392

(3) Covered telecommunications equipment or services used as a substantial or essential component of any 394 system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. 395

McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit 396 contractors from providing— 397

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or 399 interconnection arrangements; or 400

(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit 402 visibility into any user data or packets that such equipment transmits or otherwise handles. 403

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone 405

Act—covered foreign entities. 406

(1) Prohibition. The Contractor is prohibited from— 408

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned 410 aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security 411

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, 412

Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.); 413

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system 415 in the performance of the contract (section 1824 of Pub. L. 118-31); and 416

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-418 prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31). 419

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American 421

Security Drone Act—covered foreign entities before proposing, or using in performance of the 422 contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure 423 associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding 424 exemption, exception, or waiver determination expressly stated in the contract. 425

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not 427 apply where the agency has determined an exemption, exception, or waiver applies, and the contract 428 indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of 429

Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers. 430

(d) Prohibition on using or providing specific products or services or conducting certain transactions 432 regardless of connection to contract. 433

(1) Certain telecommunications and video surveillance equipment, systems, or services. 435

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot 437 use any equipment, systems, or services that uses covered telecommunications equipment or 438 services as a substantial or essential component of any system, or as critical technology as 439 part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National 440

Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). 441

(ii) This prohibition applies to using covered telecommunications equipment or services, 443 regardless of whether that use is in performance of work under a Federal contract. This does 444 not prohibit the contractor from using— 445

(A) A service that connects to the facilities of a third party, such as backhaul, 447 roaming, or interconnection arrangements; or 448

(B) Telecommunications equipment that cannot route or redirect user data traffic or 450 cannot permit visibility into any user data or packets that such equipment transmits or 451 otherwise handles. 452

(2) Office of Foreign Assets Control Restrictions. 454

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department 456 of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, 457 any supplies or services if any proclamation, Executive order, or statute administered by 458

OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a 459

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

transaction by a person subject to the jurisdiction of the United States. 460

(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are 462 prohibited, as are most imports from Burma or North Korea, into the United States or its 463 outlying areas. 464

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s 465

List of Specially Designated Nationals and Blocked Persons at 466 https://home.treasury.gov/policy-issues/financial-sanctions/speciallydesignated-467 nationals-and-blocked-persons-list-sdn-human-readable-lists. 468

(B) For more information about these restrictions, as well as updates, see OFAC’s 470 regulations at 31 CFR chapter V and at https://home.treasury.gov/policyissues/office-471 of-foreign-assets-control-sanctions-programs-and-information. 472

(C) To conduct electronic screens of potential parties to regulated transactions, see 474 the consolidated screening list at https://www.trade.gov/consolidatedscreening-list, 475 which consolidates multiple export screening lists of the Departments of Commerce, 476

State, and the Treasury. 477

(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business 479 operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-480

174). 481

(4) Iran prohibitions. 482

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a 484 waiver, the contractor shall not engage in certain activities or transactions relating to Iran 485

(section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note). 486

(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a 488 waiver, contractor shall not export certain sensitive technology to Iran, as determined by the 489

President, and has an active exclusion in SAM (22 U.S.C. 8515). 490

(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is 492 subject to trade agreements and the offeror certifies that all the offered products are 493 designated country end products or designated country construction material (see part 25). 494

(iv) Unless an exception applies or the Government grants a waiver, contractors are 496 prohibited from knowingly engaging in any significant transaction (i.e., over $10,000) with 497

Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and 498 interests in property of which are blocked according to the International Emergency 499

Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)). 500

(e) Governmentwide exclusion and removal orders. 502

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as 504 part of the performance of the contract any covered article, or any products or services produced or 505 provided by a source, if the covered article or the source is prohibited by an applicable FASCSA 506 order as follows: 507

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

(i) For solicitations and contracts awarded by a Department of Defense contracting office, 509

DoD FASCSA orders apply. 510

(ii) For all other solicitations and contracts, DHS FASCSA orders apply. 512

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award 514

Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders. 515

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, 517 which are effective and apply to the solicitation and resulting contract. 518

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an 520 amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)). 521

(f) Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any 523 prohibited products or services. The inquiry will look at any information in the entity’s possession but does 524 not need to include an internal or third-party audit. 525

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide 527 acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by 528 multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, 529 the Contractor shall promptly make any necessary changes or modifications to remove any product or 530 service produced or provided by a source that this clause prohibits. 531

(h) General report. 533

(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), 535 that any product or service provided or used (or to be provided or used) during contract performance 536 does not comply with any prohibition in this clause, then the Contractor shall report the following 537 information, or as much information is known, in writing to the contracting office as identified in 538 paragraph (h)(2) within 72 hours: 539

(i) Contract number and order number, if applicable; 541

(ii) The specific prohibition the product or service is not complying with; 543

(iii) A description of the products or services that the Contractor identifies or has reason to 545 suspect is prohibited (include brand; model number, such as the original equipment 546 manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item 547 description, as applicable); 548

(iv) The entity that produced the product or service (include entity name, unique entity 550 identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, 551 fabrication, assembly, packaging, and test of the product, and whether the entity was the 552

OEM or a distributor (provide manufacturer codes and distributor codes used for the 553 product)); 554

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

(v) Description of the functionality of the product or service and how that functionality 556 impacts the risk to the product or service; 557

(vi) An explanation of any factors relevant to determining if the product or service should be 559 permitted by an applicable exception, exemption, or waiver (if the contractor would like the 560

Government to consider a waiver, and asks for such a waiver); 561

(vii) Whether alternative products or services are available that would comply with the 563 prohibition; 564

(viii) If the product or service is related to item maintenance, include the following 566 information on the item being maintained: 567

(A) Brand; 569

(B) Model number, OEM number, manufacturer part number, or wholesaler number; 571 and 572

(C) Item description, as applicable. 574

(ix) Any readily available information about mitigation actions implemented or 576 recommended. 577

(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as 579 follows: 580

(i) If a Department of Defense contracting office, the Contractor shall report to the website at 582 https://dibnet.dod.mil. 583

(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer. 585

(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office 587 for the indefinite delivery contract and the contracting office for any affected order. 588

(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this 590 clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this 591 clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new 592 information. (4) The contractor shall also report the information in paragraph (h)(1) if the contractor 593 wishes to ask for a waiver of the requirements of a new FASCSA order being applied through 594 modification. 595

(i) New FASCSA orders report. 597

(1) During contract performance, the Contractor shall review SAM at least once every three months, 599 or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), 600 or for products or services produced by a source subject to FASCSA order(s) not currently identified 601 under paragraph (e) of this clause. 602 https://dibnet.dod.mil/

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the 604

Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or 605 service produced or provided by a source subject to the FASCSA order(s) was provided to the 606

Government or used during contract performance. The inquiry will look at any information in the 607 entity’s possession but does not need to include an internal or third-party audit. 608

(3) The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this 610 clause if the Contractor identifies, including through any notification by a subcontractor at any tier, 611 that a covered article or product or service produced or provided by a source was provided to the 612

Government or used during contract performance and is subject to a FASCSA order(s). For 613 indefinite delivery contracts, the Contractor shall report to both the contracting office for the 614 indefinite delivery contract and the contracting office for any affected order. The Contractor shall 615 report the following information within 72 hours for each covered article or each product or service 616 produced or provided by a source, where the covered article or source is subject to a FASCSA order: 617

(i) Contract number and order number, if applicable; 619

(ii) Name of the covered article or source subject to a FASCSA order; 621

(iii) The specific FASCSA order the product or service does not comply with; 623

(iv) The elements of (h)(1)(iii) through (ix) of this clause. 625

(j) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (j) but 627 excluding subparagraphs (d)(1) and (i)(1), in all subcontracts and other contractual instruments, including 628 subcontracts for acquiring commercial products or commercial services. 629

(End of clause) 631

C.5 RFO 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (Aug 2025) (Deviation 633

25-23) (effective November 3, 2025) 634

(a) Definitions. As used in this clause— 636

Covered contractor information system means an information system that is owned or operated by a contractor 638 that processes, stores, or transmits Federal contract information. 639

Federal contract information— 641

(1) Means information, not intended for public release, that is provided by or generated for the Government 643 under a contract to develop or deliver a product or service to the Government; but 644

(2) Does not include information provided by the Government to the public (such as on public websites) or 646 simple transactional information (such as information necessary to process payments). 647

Information means any communication or representation of knowledge such as facts, data, or opinions, in any 649 medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on 650

National Security Systems Instruction (CNSSI) 4009). 651

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

Information system means a discrete set of information resources organized for the collection, processing, 653 maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). 654

Safeguarding means measures or controls that are prescribed to protect information systems. 656

(b) Safeguarding requirements. 658

(1) Basic requirements. The Contractor shall safeguard its covered contractor information systems by 660 implementing, at minimum, the following security controls: 661

(i) Limit information system access to authorized users, processes acting on behalf of authorized 663 users, or devices (including other information systems). 664

(ii) Limit information system access to the types of transactions and functions that authorized users 666 are permitted to execute. 667

(iii) Verify and control/limit connections to and use of external information systems. 669

(iv) Control information posted or processed on publicly accessible information systems. 671

(v) Identify information system users, processes acting on behalf of users, or devices. 673

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to 675 allowing access to organizational information systems. 676

(vii) Sanitize or destroy information system media containing Federal Contract Information before 678 disposal or release for reuse. 679

(viii) Limit physical access to organizational information systems, equipment, and the respective 681 operating environments to authorized individuals. 682

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control 684 and manage physical access devices. 685

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or 687 received by organizational information systems) at the external boundaries and key internal 688 boundaries of the information systems. 689

(xi) Implement subnetworks for publicly accessible system components that are physically or 691 logically separated from internal networks. 692

(xii) Identify, report, and correct information and information system flaws in a timely manner. 694

(xiii) Provide protection from malicious code at appropriate locations within organizational 696 information systems. 697

(xiv) Update malicious code protection mechanisms when new releases are available. 699

[1] In this document, citations to Revolutionary FAR Overhaul (RFO) Part 12, RFO Part 16, and RFO Part 19 are citations specifically to Federal Acquisition Regulation (FAR) Class

Deviation 25-21, Rev. 1 for FAR Part 12, FAR Class Deviation 26-04, Rev. 1 for FAR Part 16, FAR Class Deviation 26-03, Rev. 1 for FAR Part 19, and FAR Class Deviation 25-

23, Rev. 1 for FAR Part 40, which were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring

Common Sense to Federal Procurement, signed April 15, 2025.

(xv) Perform periodic scans of the information system and real-time scans of files from external 701 sources as files are downloaded, opened, or executed. 702

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding 704 requirements specified by Federal departments and agencies relating to covered contractor information 705 systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) 706 as established by Executive Order 13556. 707

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in 709 subcontracts under this contract (including subcontracts for the acquisition of commercial products, other than 710 commercially available off-the-shelf items, or commercial services), in which the subcontractor may have Federal 711 contract information residing in or transiting through its information system. 712

(End of clause) 714

SECTION…