RFQ_140R6026Q0077_DK_Onsite_Rescue_Team.pdf
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- DK ONSITE RESCUE TEAM
- Solicitation number
- 140R6026Q0077
About this file
This is a Request for Quote (RFQ) No. 140R6026Q0077 issued by the U.S. Department of the Interior's Bureau of Reclamation, Missouri Basin Region, for onsite rescue team services at multiple dam and reservoir facilities.
The solicitation seeks a trained, qualified rescue team to provide standby services during annual gate inspection operations at six different Reclamation facilities: Angostura Reservoir (Hot Springs, South Dakota), Belle Fourche Reservoir (Belle Fourche, South Dakota), Keyhole Reservoir (Pine Haven, Wyoming), Shadehill Reservoir (Lemmon, South Dakota), Pactola Reservoir (Rapid City, South Dakota), and Deerfield Reservoir (Hill City, South Dakota). The rescue teams must comply with Reclamation Safety and Health Standards (RSHS) Section 1.12 for permit-required confined space entry, allowing Reclamation staff to safely inspect emergency, regulating, and radial gates in outlet works. Gate inspections typically do not exceed four hours in duration, with contractors expected to remain onsite for up to eight hours per facility. The contract is a firm-fixed-price, total small business set-aside with a base year performance period of October 1, 2026 through September 30, 2027, plus four option years extending through September 30, 2031. Pricing is hourly rates per facility, with 30 line items covering the base year and option years at each location. The RFQ incorporates extensive FAR and DIAR clauses covering security requirements, safety and health standards, information security, prohibited equipment and services, and various federal compliance requirements. Quotations must be submitted electronically to Contracting Officer Natalie Oslund at natalie_oslund@ios.doi.gov and must be valid for a minimum of 90 days. Evaluation criteria include technical approach (means and methods), past performance on similar federal/state/local projects within the past five years, and price, with technical and past performance weighted equally and together more important than price.
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Request for Quote No. 140R6026Q0077
DK Onsite Rescue Team
Bureau of Reclamation
FOR OFFICIAL USE ONLY
U.S. Department of the Interior Bureau of Reclamation Missouri Basin Region Billings, MT 59101 June 2026
Bureau of Reclamation DK Onsite Rescue Team
General Information Commercial Contract Opportunity Type: Request for Quote
Classification Product Service Code: R499 Support-Professional: Other
NAICS Code: 561990 All Other Support Services
Description:
This contract will provide a rescue team on site during gate inspections which will allow Reclamation staff to safely enter required confined spaces and be in compliance with RSHS requirements.
Period of Performance:
The anticipated Period of Performance for base year is 10/01/2026-09/30/2027. Plus 4 option years.
Contract Type:
Firm-Fixed Price
Set Aside Total Small Business
Evaluation Criteria See 52.212-2
Point of Contact Questions/quotations can be sent to Contracting Officer Natalie Oslund at natalie_oslund@ios.doi.gov.
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PRICE SCHEDULE
1. Contractor/quoter shall provide the quotation in accordance with the price schedule below.
2. All quotations should be valid for a minimum of 90 days.
3. The Government reserves the right to not make award.
4. The Government reserves the right to incorporate additional changes in quantity/locations of similar or like services.
5. Quotations and services shall be F.O.B. Destination.
6. Payment will be made by the Invoice Processing Platform (IPP) only.
7. Contract type is a firm-fixed price. All line items in price schedule shall be quoted, or the quote will be determined non-responsive.
Description Period of Performance
Estimated Quantity
Unit Price per unit ($/hour)
Total in U.S.
Dollars
Subtotal
Angostura Reservoir-base year
10/01/2026- 9/30/2027
8 Hours $ $ $
Belle Fourche Reservoir-base year
10/01/2026- 9/30/2027
8 Hours $ $ $
Keyhole Reservoir-base year
10/01/2026- 9/30/2027
8 Hours $ $ $
Shadehill Reservoir-base year
10/01/2026- 9/30/2027
8 Hours $ $ $
Pactola Reservoir-base year
10/01/2026- 9/30/2027
8 Hours $ $ $
Deerfield Reservoir- Base year
10/01/2026- 9/30/2027
8 Hours $ $ $
Angostura Reservoir- Option Year
10/01/2027- 9/30/2028
8 Hours $ $ $
Belle Fourche Reservoir- Option Year
10/01/2027- 9/30/2028
8 Hours $ $ $
Keyhole Reservoir- Option Year
10/01/2027- 9/30/2028
8 Hours $ $ $
Shadehill Reservoir- Option Year
10/01/2027- 9/30/2028
8 Hours $ $ $
Pactola 10/01/2027- 8 Hours $ $ $
Price Schedule-1
Reservoir- Option Year
9/30/2028
Angostura Reservoir- Option Year
10/01/2028- 9/30/2029
8 Hours $ $ $
Belle Fourche Reservoir- Option Year
10/01/2028- 9/30/2029
8 Hours $ $ $
Keyhole Reservoir- Option Year
10/01/2028- 9/30/2029
8 Hours $ $ $
Shadehill Reservoir- Option Year
10/01/2028- 9/30/2029
8 Hours $ $ $
Pactola Reservoir- Option Year
10/01/2028- 9/30/2029
8 Hours $ $ $
Angostura Reservoir- Option Year
10/01/2029- 9/30/2030
8 Hours $ $ $
Belle Fourche Reservoir- Option Year
10/01/2029- 9/30/2030
8 Hours $ $ $
Keyhole Reservoir- Option Year
10/01/2029- 9/30/2030
8 Hours $ $ $
Shadehill Reservoir- Option Year
10/01/2029- 9/30/2030
8 Hours $ $ $
Pactola Reservoir- Option Year
10/01/2029- 9/30/2030
8 Hours $ $ $
Angostura Reservoir- Option Year
10/01/2030- 9/30/2031
8 Hours $ $ $
Belle 10/01/2030- 8 Hours $ $ $
Price Schedule-2
Fourche Reservoir- Option Year
9/30/2031
Keyhole Reservoir- Option Year
10/01/2030- 9/30/2031
8 Hours $ $ $
Shadehill Reservoir- Option Year
10/01/2030- 9/30/2031
8 Hours $ $ $
Pactola Reservoir- Option Year
10/01/2030- 9/30/2031
8 Hours $ $ $
Deerfield Reservoir- Option period 4
10/01/20230- 9/30/2031
8 Hours $ $ $
Price Schedule-3
STATEMENT OF WORK
1.0 Background
2.0 Scope
3.0 Objectives
4.0 Tasks
5.0 Delivery
6.0 Government-Furnished Property
7.0 Security
8.0 Place of Performance
9.0 Period of Performance
STATEMENT OF WORK
DK Onsite Rescue Team Services
1.0 Background
Reclamation conducts an Annual Site Inspection of facilities. As part of that inspection, Reclamation Directives & Standards require operation and inspection of the emergency, regulating and radial gates at the facilities. This inspection requirement requires Reclamation staff to enter permit required confined spaces.
Reclamation staff are not able to feasibly meet current Reclamation Safety and Health Standards (RSHS) for entry into these permit required confined spaces with local staff. In order to safely enter those confined spaces safely and in compliance with RSHS requirements, a trained, qualified rescue team must be on-site during the gate inspection portion of the site inspection.
2.0 Scope
The contractor shall provide a trained, qualified rescue team on site each various facilities during gate inspections to comply with RSHS Section Section 1.12 Confined Spaces and Permit Required Confined Spaces requirements for permit required confined space entry.
SOW-1
3.0 Objectives
This contract will provide a rescue team on site during gate inspections which will allow Reclamation staff to safely enter permit required confined spaces and be in compliance with RSHS requirements.
The rescue teams will allow Reclamation to safely complete the annual facility inspections in compliance with RSHS requirements.
4.0 Tasks
The contractor shall provide a trained, qualified rescue team to be on-site during gate operation, testing and inspection of the emergency, regulating, and radial gates found in the outlet works of multiple Reclamation facilities. Team members must hold appropriate certificates to comply with Reclamation Safety and Health Standards (RSHS) for permit required confined space entry.
The rescue teams must be able to comply with and meet the requirements of Reclamation RSHS Section 1.12 Confined Spaces and Permit Required Confined Spaces to include training requirements, responsibilities and response times.
The gate inspections generally do not exceed four (4) hours in duration. Contractor should plan to spend no more than 8 hours on site at each facility.
5.0 Delivery
The contractor shall provide a trained, qualified rescue team to be on-site during gate operation, testing and inspection of the emergency, regulating, and radial gates found in the outlet works of multiple Reclamation facilities. Team members must hold appropriate certificates to comply with Reclamation Safety and Health Standards (RSHS) for permit required confined space entry.
The rescue team will be required to remain onsite for the duration of the gate testing and inspection portion of the Facility Annual site inspection and be prepared to respond to an emergency, as required and applicable.
6.0 Government-Furnished Property
There is no government-furnished property provided to the contractor as part of this contract. The contractor is responsible for providing all equipment and resources needed to complete the contract.
7.0 Security
There are no unique security requirements for this contract performance. Performance will be at Reclamation Facilities, and the contractor will be escorted by Reclamation personnel conducting the Annual Site Inspections.
SOW-2
8.0 Place of Performance
Contract performance will be performed at six (6) different Reclamation Facilities.
Angostura Reservoir, Hot Springs, South Dakota:
Provide standby Rescue Team during canal outlet works regulating gates inspection and testing as well as inspection of associated permit required confined spaces. Yearly inspection at these locations.
Inspection location conditions: Battery room and stilling well located inside the concrete dam, dry with 8–10 feet vertical ladder at both locations.
The second area is the canal outlet gates with potential wet area (less than 2 inches of water) downstream of the gates. No vertical shaft.
Belle Fourche Reservoir, Belle Fourche, South Dakota:
Provide standby Rescue Team during inspection and testing of the canal outlet works emergency and regulating gates for the north and south canals and inspection of the gate chamber. Yearly inspection at this location.
Inspection location conditions: Wet area (Working in less than 8 inches of water) downstream of the gates. Potential for vertical shaft rescue of less than 100 feet in the gate chamber.
Keyhole Reservoir, Pine Haven, Wyoming:
Provide standby Rescue Team during reservoir outlet works emergency and regulating gates inspection and testing and inspection of the gate chamber. Yearly inspection at this location.
Inspection location conditions: Wet area (Working in less than 2 inches of water) downstream of the gates. Potential for vertical shaft rescue of less than 100 feet.
Shadehill Reservoir, Lemmon, South Dakota:
Provide standby Rescue Team during reservoir outlet works emergency and radial gate inspection and testing and inspection of the gate chamber. Yearly inspection at this location.
Inspection location conditions: Wet area (Working in less than 2 inches of water) downstream of the gates. Potential for vertical shaft rescue of less than 100 feet.
Pactola Reservoir, Rapid City, South Dakota:
Provide standby Rescue Team during reservoir outlet works emergency and regulating gates inspection and testing and inspection of the gate chamber. Yearly inspection at this location.
Inspection location conditions: Wet area (Working in less than 2 inches of water) downstream of the gates. Potential for vertical shaft rescue of less than 200 feet.
Deerfield Reservoir, Hill City, South Dakota:
Provide standby Rescue Team during inspection of the interior of the penstock pipe.
Inspection is only needed every 4 years at this location.
Inspection Conditions: No vertical shaft. This facility has steps (200+) and a tunnel.
Potential wet area (less than 2 inches of water) and horizontal does have 2 vertical areas with ladder (10 feet vertical)
SOW-3
9.0 Period of Performance
The period of performance will be October 1, 2026 through September 30, 2031.
Angostura Reservoir: Inspection date to be determined after irrigation shut-off, anticipate October/November 2026. Option Period 1, Option Period 2, Option Period 3, and Option Period 4 dates TBD.
Belle Fourche Reservoir: Inspection date to be determined after irrigation shut-off, anticipate October/November 2026. Option Period 1, Option Period 2, Option Period 3, and Option Period 4 dates TBD.
Keyhole Reservoir: Inspection date to be determined after irrigation shut-off, anticipate October/November 2026. Option Period 1, Option Period 2, Option Period 3, and Option Period 4 dates TBD.
Shadehill Reservoir: Inspection date to be determined after irrigation shut-off, anticipate October/November 2026. Option Period 1, Option Period 2, Option Period 3, and Option Period 4 dates TBD.
Pactola Reservoir: Inspection date to be determined after irrigation shut-off, anticipate October/November 2026. Option Period 1, Option Period 2, Option Period 3, and Option Period 4 dates TBD.
Deerfield Reservoir: Inspection date to be determined after irrigation shut-off, anticipate October/November 2026. Inspection is only needed every 4 years at this location. Option Period 4 date TBD.
SOW-4
Clauses
52.252-2 Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation: https://www.acquisition.gov/far
Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar
Clause Number
Clause Title Clause Date
52.204-13 System for Award Management Maintenance RFO Deviation
Mar 2026 52.203-17 Contractor Employee Whistleblower Rights Nov 2023
52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014
52.212-4 Contract Terms and Conditions– Commercial Products and Commercial Services
RFO Deviation
Mar 2026 52.219-6 Notice of Total Small Business Set-Aside RFO Deviation
Jan 2026
52.219-28 Postaward Small Business Program Rerepresentation RFO Deviation Jan 2026
52.222-3 Convict Labor RFO Deviation May 2026
52.222-36 Equal Opportunity for Works with Disabilities RFO Deviation May 2026
52.222-50 Combating Trafficking in Persons RFO Deviation May 2026
52.222-54 Employment Eligibility Verification RFO Deviation May 2026
52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 RFO Deviation May 2026
52.223-23 Sustainable products and Services RFO Deviation May 2026
52.222-62 Paid Sick Leave Under Executive Order 13706 RFO Deviation May 2026
52.225-13 Restrictions on Certain Foreign Purchases (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
Feb 2021
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving
May 2024
52.242-13 Bankruptcy July 1995
52.242-15 Stop Work Order Aug 1989
Clauses-1
52.244-6 Subcontracts for Commercial Products and Commercial Services RFO Deviation May 2026
52.253-1 Computer Generated Forms RFO Deviation May 2026
52.232-33 Payment by Electronic Funds Transfer-System for Award Oct 2018
52.229-3 Federal, State, and Local Taxes RFO Deviation
Oct 2025
52.209-10 Prohibition on Contracting with Inverted Domestic
Corporations RFO Deviation May 2026
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
Mar 2023
52.233-3 Protest after Award Aug 1996
52.233-4 Applicable Law for Breach of Contract Claim Oct 2004
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded
RFO Deviation May 2026
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
Jan 2017
52.222-19 Child Labor-Cooperation with Authorities and Remedies
RFO Deviation May 2026
DOI-AAAP-0028 Electronic Invoicing and Payment Requirements-Invoice Processing Platform (IPP) (FEB 2021)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
'Payment request' means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4
Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:
https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
The Contractor shall submit a soft copy of their invoice via IPP. Failure to upload a copy of the invoice may cause significant delay or possible rejection of your payment request.
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The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone
(866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.
The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
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(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of Clause)
52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications).
(b) Representations and other instructions.
(c) Contract clauses.
(d) Other documents, exhibits, and attachments.
(e) The specifications.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014).
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits Clauses-4
[List as necessary]
(End of clause) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024)
(a) Definitions. As used in this clause-
Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65.
(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990
(PPA) (42 U.S.C. 13101-13109).
(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:
(1) The emergency planning reporting requirements of section 302 of EPCRA.
(2) The emergency notice requirements of section 304 of EPCRA.
(3) The list of Material Safety Data Sheets, required by section 311 of EPCRA.
(4) The emergency and hazardous chemical inventory forms of section 312 of EPCRA.
(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by section 6607 of PPA.
(End of clause)
52.222-90 Addressing DEI Discrimination by Federal Contractors (Deviation April 2026)
(a) Definitions. As used in this clause—
Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(1) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(2) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared
Clauses-5 ineligible for further Government contracts;
(3) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer;
and
(4) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(5) The Contractor recognizes that compliance with the requirements of this clause are material to the
Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of clause)
52.252-6 Authorized Deviations in Clauses (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation Clause (48 CFR Chapter 14) with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
(End of clause)
52.247-21 Contractor Liability for Personal Injury and/or Property Damage (APR 1984)
(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the
Contractor or the Contractor’s employees and agents.
(b) The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.
(c) The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.
(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.
(End of clause)
52.240-91 Security Prohibitions and Exclusions (RFO Deviation March 2026)
(a) Definitions. As used in this clause—
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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
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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
Clauses-8 acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the
Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
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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
Clauses-10 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
Clauses-11 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- Clauses-12 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.
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(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.
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