Combined Synopsis-Solicitation 36C25026Q0193.docx

COMBINED SYNOPSIS SOLICITATION 36C25026Q0193

for Commercial Products and Commercial Services Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as Request for Quotation (RFQ) 36C25026Q0193. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06.

This solicitation is Unrestricted (Full and Open Competition).

The associated North American Industrial Classification System (NAICS) code for this procurement is 311511 – Fluid Milk Manufacturing, with a small business size standard of 1,150 Employees.

The FSC/PSC is 8960 – Beverages, Nonalcoholic.

The Department of Veterans Affairs, Network Contracting Office 10 (NCO 10) is seeking to purchase various gallons and half-pints of milk and chocolate milk.

All interested companies shall provide quotations for the following:

PRICE/COST SCHEDULE

Period: Base POP Begin: 01-13-2026 End: 01-12-2027

Item 0001 2% Reduced Fat Milk, Gallon Container QTY: 200.00 Unit of Issue: GL Unit Price __________________ Extended Amount __________________

Item 0002 Grade A Whole Milk, Half Pint Container QTY: 40,545.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 0003 2% Reduced Fat Milk, Half Pint Container QTY: 25,400.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 0004 1% Low Fat Milk, Half Pint Container QTY: 73,695.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 0005 1% Low Fat Chocolate Milk, Half Pint Container QTY: 37,800.00 Unit of Issue: EA

Period: Option 1 POP Begin: 01-13-2027 End: 01-12-2028

Item 1001 2% Reduced Fat Milk, Gallon Container QTY: 200.00 Unit of Issue: GL Unit Price __________________ Extended Amount __________________

Item 1002 Grade A Whole Milk, Half Pint Container QTY: 40,545.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 1003 2% Reduced Fat Milk, Half Pint Container QTY: 25,400.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 1004 1% Low Fat Milk, Half Pint Container QTY: 73,695.00 Unit of Issue: EA

Item 1005 1% Low Fat Chocolate Milk, Half Pint Container QTY: 37,800.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Period: Option 2 POP Begin: 01-13-2028 End: 01-12-2029

Item 2001 2% Reduced Fat Milk, Gallon Container QTY: 200.00 Unit of Issue: GL Unit Price __________________ Extended Amount __________________

Item 2002 Grade A Whole Milk, Half Pint Container QTY: 40,545.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 2003 2% Reduced Fat Milk, Half Pint Container QTY: 25,400.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 2004 1% Low Fat Milk, Half Pint Container QTY: 73,695.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 2005 1% Low Fat Chocolate Milk, Half Pint Container QTY: 37,800.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Period: Option 3 POP Begin: 01-13-2029 End: 01-12-2030

Item 3001 2% Reduced Fat Milk, Gallon Container QTY: 200.00 Unit of Issue: GL Unit Price __________________ Extended Amount __________________

Item 3002 Grade A Whole Milk, Half Pint Container QTY: 40,545.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 3003 2% Reduced Fat Milk, Half Pint Container QTY: 25,400.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 3004 1% Low Fat Milk, Half Pint Container QTY: 73,695.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 3005 1% Low Fat Chocolate Milk, Half Pint Container QTY: 37,800.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Period: Option 4 POP Begin: 01-13-2030 End: 01-12-2031

Item 4001 2% Reduced Fat Milk, Gallon Container QTY: 200.00 Unit of Issue: GL Unit Price __________________ Extended Amount __________________

Item 4002 Grade A Whole Milk, Half Pint Container QTY: 40,545.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 4003 2% Reduced Fat Milk, Half Pint Container QTY: 25,400.00 Unit of Issue: EA

Item 4004 1% Low Fat Milk, Half Pint Container QTY: 73,695.00 Unit of Issue: EA Unit Price __________________ Extended Amount __________________

Item 4005 1% Low Fat Chocolate Milk, Half Pint Container QTY: 37,800.00 Unit of Issue: EA Unit Price __________________

GRAND TOTAL __________________

DELIVERY SCHEDULE

FOB: DESTINATION

SHIP TO:

Dayton VA Medical Center, 4100 W. Third Street, Building #411, Dayton, OH 45428 USA

MARK FOR:

Bridget Pellegrino, Ph.: 937-268-6511 x2660, Email: bridget.pellegrino@va.gov

PERIOD: BASE

ITEM NUMBERS: 0001 – 0005

DELIVERY DATES: 01/13/2026 to 01/12/2027

PERIOD: OPTION 1

ITEM NUMBERS: 1001 – 1005

DELIVERY DATES: 01/13/2027 to 01/12/2028

PERIOD: OPTION 2

ITEM NUMBERS: 2001 – 2005

DELIVERY DATES: 01/13/2028 to 01/12/2029

PERIOD: OPTION 3

ITEM NUMBERS: 3001 – 3005

DELIVERY DATES: 01/13/2029 to 01/12/2030

PERIOD: OPTION 4

ITEM NUMBERS: 4001 – 4005

DELIVERY DATES: 01/13/2030 to 01/12/2031

STATEMENT OF WORK FOR THE MILK REQUIREMENT

OF THE NUTRITION AND FOOD SERVICE AT THE DAYTON VA MEDICAL CENTER

STATEMENT OF WORK (SOW)

The Dayton Veterans Affairs Medical Center (VAMC) Nutrition and Food Service has a requirement for various gallons and pints of milk and chocolate milk.

DESCRIPTION OF AGREEMENT

This agreement shall govern the terms and conditions and prices under which the contractor shall furnish, and the Federal Government shall order Milk for the Dayton VA Medical Center, 4100 West Third Street, Dayton, Ohio 45428.

EXTENT OF OBLIGATION

The Federal Government is obligated only to the extent of authorized calls placed against this agreement.

Delivery Instructions. All deliveries shall be made to: Dayton VA Medical Center, 4100 West Third Street, Building 411, Dayton, Ohio 45428. The type of delivery will be specified when the order is placed, and the Contractor shall deliver within the timelines stated below:

Routine: All routine orders shall be delivered within 24 (twenty-four) hours according to the delivery location in the SOW, during normal business hours. Dayton VAMC requires two deliveries per week only, subject to change with approval beforehand. Routine deliveries are not required on the weekends or federal holidays. Routine stock orders will be submitted during normal business hours, 6:30 am to 2:00 p.m. local time, Monday through Friday, excluding all federal holidays unless authorized by Dayton VAMC. Schedule changes because of local holidays or local altering circumstances will be communicated by the customer to the supplier in advance or as soon as possible to meet the facility’s requirements and the supplier’s delivery schedule.

Quality Assurance: Dairy products delivered by the supplier to the Dayton VAMC shall be inspected by the supplier upon receipt for quality, temperature, and tampering. All deliveries from the supplier to the Dayton VAMC shall include appropriate documentation to authenticate the dairy products, and the source shall accompany the product delivery. Hazard Analysis Critical Control Point (HACCP) guidelines shall be used as the basis for inspection, acceptance, and storage of dairy products to maintain product integrity. All dairy products shall be assembled for delivery in an environment conducive to the product’s requirements, i.e., ambient, refrigerated, and freezer temperatures. Dairy products shall be stacked according to their fragility, with the most fragile on top and sturdier ones on the bottom. Products labeled: “Protect from Heat”, “Chilled/Refrigerated”, and “Frozen” shall be shipped and stored to maintain these products at optimal temperature to destination. Optimal temperature is based upon the latest edition of the FDA Food Code and is specific to the product category. Mixed product loads must be in equipment capable of maintaining the products in their accepted safe temperature ranges from loading to destination. The contractor’s failure to have delivery trucks adequately secured and/or failure of any dairy product to meet safety, temperature, or quality standards will result in rejection of products and will require appropriate replacement and/or credit.

Deliveries will be inspected upon receipt by facility personnel according to the delivery invoice and food safety guidelines for product quality, shelf life, and temperature. All packages shall have labels designating source, recipient, and purchase order data; (i.e., address, purchase order number, invoice number, product description and quantity ordered). Dairy products shall be packaged and packed in containers that offer protection from contamination and show no signs of breach or saturation. The contractor shall ensure that products have adequate shelf-life upon delivery to the Dayton VAMC as described herein. Products with limited shelf-life requirements such as refrigerated products must have at least half of their normal shelf life remaining upon customer receipt. If a perishable product has a less than seven-day normal shelf life, at least four days must be remaining upon delivery.

Honor system receipting is when delivery is made to the appropriate receiving site, and the facility documents the number of cases received but delays inspecting product quality until after the driver leaves. The facility will report any discrepancies to the contractor within twenty-four hours of order delivery or the next business day, excluding weekends and holidays. Replacement of missing or damaged dairy products shall be on the next scheduled delivery or at a mutually agreed upon the immediate need of the facility. Credits should be provided as appropriate.

Warehouse Practices: The Government reserves the right to conduct scheduled site visits of distribution centers to observe warehouse conditions, security procedures, and review HACCP monitors and/or sanitation inspection reports. Third-party safety and sanitation inspections are required for all warehouses, and the supplier shall provide scores to the Dayton VAMC and the contracting officer annually or upon request.

Product Quality Monitoring: The contractor shall have a quality monitoring program that routinely reviews all critical product quality measures and ensures systems are in place to control unacceptable deviations. The process must include corrective action and follow-up to document improvement.

All product recall notifications shall be communicated verbally and electronically to the Dayton VAMC and to the Contracting Officer within twenty-four hours of receipt of the recall from the manufacturer/supplier, FDA, or USDA, regardless of the type, caliber, or status of the notice. The supplier shall maintain records and traceability of all recall notices and provide a recall status report upon request.

Emergency Readiness Plan: The supplier is required to maintain a detailed and realistic Readiness Plan to provide increased support to the Dayton VAMC unexpectedly. The plan must be specific to the area, priority needs, and facilities involved, and should be reviewed/updated annually.

The supplier shall comply with all security requirements and procedures for customer facility access. Upon an increase in Installation Force Protection Condition, all food items must be inspected and approved at a central receiving point before distribution. Delivery vehicles must pass inspection at a designated receiving point before further distribution. Vehicles are subject to inspection by the Contracting Officers Representative and/or Law Enforcement Officials at any time. Unsealed/unlocked deliveries will be rejected. Deliveries must obtain a certified inspection stamp and be resealed/locked before departure. Supplies in unsanitary or improperly temperature-controlled vehicles may be rejected.

Hours of Service: The Contractor shall be available, 24 hours per day, 365 days per year including Federal holidays. The following terms have the following meanings:

Christmas Day

The President of the United States of America may declare additional days as a Federal holiday, and if so, this holiday will automatically be added to the list above. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies.

VA’s Electronic Invoice Presentment and Payment System: The Department of Veterans Affairs Financial Services Center (FSC) is the Designated Agency Office for all payments of invoices as defined in the Prompt Payment Act (PPA). All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. The FSC uses a third-party contractor, Tungsten, for electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to submit electronic invoices.

The full text of FAR and VAAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far and/or https://www.va.gov/oal/library/vaar/.

SOLICITATION PROVISIONS.

The following solicitation provisions apply to this acquisition:

FAR 52.212-1 Instructions to Offerors–Commercial Products and Commercial Services (SEP 2023) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.

The following provisions are incorporated into FAR 52.212-1 as an addendum to this solicitation:

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the Request for Quote (RFQ). However, the small business size standard for a concern that submits an quote, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of Quotes. Submit signed and dated quotes to the office specified in this Request for Quote (RFQ) at or before the exact time specified in this solicitation. Quotes may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotes must show—

(1) The solicitation number.

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Quotation Amendments;

(10) Past performance information will not be considered in simplified acquisition procurements.

(11) Quotes should include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations, or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of Quotes. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotes. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple Quotes. Quoters are encouraged to submit multiple quotes presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each quote submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of quotes.

(1) Quoters are responsible for submitting quotes, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotes or revisions are due.

(2) Any quote received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and may not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government office designated for receipt of quotes by the exact time specified in the Request for Quote, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(g) Issuance of Purchase Order. The Government may issue a purchase order to one or more quoters as identified in the Request for Quote (RFQ). Therefore, the quoter’s initial quote should contain the best terms from a price and technical standpoint. However, the Government may reject any or all quotes if such action is in the public’s best interest. In addition, the Contracting Officer (CO) may issue a purchase order to other than the quoter with the lowest quoted price.

(h) Multiple awards. The Government may accept issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the quotation, offers may not be submitted for quantities less than those specified in the RFQ. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quote.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the Request for Quote (RFQ) requires the Contractor to be registered in the System for Award Management (SAM).) The quoter shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Quoter's name and address. The Quoter also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Quoter does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Quoter should indicate that it is an planning to submit a quote for a Government Request for Quote (RFQ) when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Notification. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ).

(End of provision) FAR 52.216-1 Type of Contract (Deviation) (NOV 2025) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of provision) The following solicitation provisions are incorporated by reference:

FAR 52.203-18 Prohibition on Contracting with Entities That Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017);

FAR 52.204-7 System for Award Management (NOV 2024);

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation (NOV 2015);

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or A Felony Conviction Under Any Federal Law (FEB 2016);

FAR 52.217-5 Evaluation of Options (JUL 1990);

FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (NOV 2025) (Deviation); and VAAR 852.239-75 Information and Communication Technology Accessibility Notice (FEB 2023).

(End of Addendum to FAR 52.212-1) FAR 52.212-3 Offerors Representations and Certifications–Commercial Products and Commercial Services (OCT 2025) (Deviation FEB 2025)

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov/ in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

CONTRACT CLAUSES.

The following contract clauses apply to this acquisition:

FAR 52.212-4 Contract Terms and Conditions–Commercial Products and Commercial Services (NOV 2023) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into FAR 52.212-4 as an addendum to this contract:

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) FAR 52.217-7 Option for Increased Quantity—Separately Priced Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within

a) 335 days of the beginning of the Base period, to exercise Option 1;

b) 335 days of the beginning of the Option 1 period, to exercise Option 2;

c) 336 days of the beginning of the Option 2 period, to exercise Option 3; and

d) 335 days of the beginning of the Option 3 period, to exercise Option 4.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause) FAR 52.240-91 Security Prohibitions and Exclusions (NOV 2025) (Deviation)

(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

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

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

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

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

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

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

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

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

Covered telecommunications equipment or services means—

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

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

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

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

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

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

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

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

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

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

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

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

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

(i) Of that equipment; or

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

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

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

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

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

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

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

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

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

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

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

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

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

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

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

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

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

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

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

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.

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

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

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).

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

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

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

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

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

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.

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

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

(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-174).

(4) Iran prohibitions.

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran (section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).

(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the President, and has an active exclusion in SAM (22 U.S.C. 8515).

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

(iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)).

(e) Governmentwide exclusion and removal orders.

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

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

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

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders.

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

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

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

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

(h) General report.

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

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

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

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

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

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

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

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

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

(A) Brand;

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

(C) Item description, as applicable.

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

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

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

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

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

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

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

(i) New FASCSA orders report.

(1) During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for…