S02 36C25726Q0817.docx
DOCX document 231 KB Posted
- Solicitation number
- 36C25726Q0817
About this file
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) issued by the Department of Veterans Affairs Network Contracting Office 17 for the VA North Texas Veteran Health System in Dallas, Texas.
The procurement seeks a firm fixed price contract for the installation of a Chill Water System Filtration and Steam Condensate Polisher system in Building 70 at the facility located at 4500 South Lancaster Road, Dallas, TX 75216. The contract is set aside for verified Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), with a total budget of $19 million and a 9-month period of performance. The offer due date is September 25, 2026, at 16:00 CDT, with a mandatory site visit on September 3, 2026, at 10:00 AM CST. The procurement includes specific technical requirements for water conditioning equipment to address facility water quality issues, including installation of cartridge-type filtration systems (housing model S4UFH44-28-60-12F-150 with model XP-G1-6100E filters), condensate polishing equipment with stainless steel resin tanks, concrete pad installation with reinforcement, welding and nondestructive testing of all welds, system monitoring device integration with existing building controls (APOGEE/DESIGO systems), and comprehensive startup and commissioning procedures. The contractor is responsible for site preparation, permitting, workforce supervision, quality control inspections, detailed documentation and drawings, and one-year warranty coverage on all installation labor and system components. Payment will be made electronically through the Tungsten Network system, and invoices must be submitted in arrears upon completion of services. The contract incorporates numerous FAR clauses and VA-specific requirements, including personnel vetting and credentialing, security prohibitions, limitations on subcontracting (50 percent maximum for services), and compliance with the Service Contract Labor Standards and environmental sustainability requirements.
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Other files
| File | Type | Posted |
|---|---|---|
| Site Visit Sign-in_9-3-2026.pdf | ||
| S06 SF30 36C25726Q0817 0004.docx | DOCX document | |
| ECB2-70-H006 Chilled Water Flow Control Diagram_R.pdf | ||
| ECB2-70-H019 Campus Chilled Water Flow Diagram_Redacted.pdf | ||
| Site Visit Sign-in_9-14-2026.pdf | ||
| S06 36C25726Q0817 0003.docx | DOCX document | |
| S06 36C25726Q0817 0002.docx | DOCX document | |
| S06 36C25726Q0817 0001.docx | DOCX document | |
| HVAC Design Manual.pdf | ||
| 36C25726Q0817 0001_1.docx | DOCX document | |
| Service Contract Act WD_2015-5227_rv30_8-22-2026.pdf | ||
| 36C25726Q0817_1.docx | DOCX document |
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PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TBD
36C25726Q0817 08-26-2026 Sherine Brooks 254-538-0416 09-25-2026 16:00
CDT
36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240
X
238220 $19 Million
N/A
36C549 VA North Texas Veteran Health System Engineering Department 4500 South Lancaster Road Dallas, TX 75216
36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240
This is accomplished through the Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.
(877) 353-9791
(512) 460-5540
See CONTINUATION Page Install Chill Water System Filtration & Steam Condensate Polisher IAW with the SOW
Site Visit: 9/3/2026, 10 am CST (see addendum 52.212-1)
POC: DeMarcus Stokes, DeMarcus.Stokes@va.gov, 214-857-1062
See CONTINUATION Page
Contracting Officer
Table of Contents
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 STATEMENT OF WORK | 4 |
| B.3 PRICE/COST SCHEDULE | 13 |
| ITEM INFORMATION | 13 |
| SECTION C - CONTRACT CLAUSES | 14 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 14 |
| C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS | 15 |
| C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 16 |
| C.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) | 16 |
| C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) | 16 |
| C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 17 |
| C.7 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION) (MAR 2026) | 27 |
| C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022) | 29 |
| C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) | 32 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 35 |
| SECTION E - SOLICITATION PROVISIONS | 36 |
| E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 36 |
| E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 36 |
| E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 38 |
| E.4 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS | 39 |
| E.5 BASIS FOR AWARD | 40 |
| E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) | 42 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: TBD
b. GOVERNMENT: Sherine Brooks, Sherine.Brooks@va.gov Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio, TX 78240
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management. |
3. INVOICES: Invoices shall be submitted in arrears:
a. Other [X] After services are completed.
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 STATEMENT OF WORK
Install Chill Water System Filtration & Steam Condensate Polisher
A. INTRODUCTION:
1. The purpose of this procurement documentation is to establish a Firm Fixed Price contract for Chill Water System Filtration & Steam Condensate Polisher ( bldg. 70) for the Engineering Department at VA North Texas Veteran Health System. Location: 4500 South Lancaster Road, Dallas, TX 75216.
B. BACKGROUND:
1. The Dallas Veterans Affairs Health Care System seeks to procure and install facility fashioned water conditioning equipment, to mitigate and resolve critical water challenges at the facility. Water conditioning equipment shall be installed at Department of Veterans Affairs Medical Center. Engineering looks to benefit both in financial efficiencies and reduction of water use and piping degradation because of this consolidated effort.
C. OVERVIEW: Chilled Water Filtration: The 4.2.3.3 Water Treatment - Chilled Water System per VA HVAC design manual 2024.
1. (d) Water Filter: Where filtration is needed due to poor past maintenance or system age provide a cartridge-type filter in bypass position to remove solid suspended particles from the chilled water system. The initial filter should be between 25 and 50 microns but after the system is clean a 5-micron filter may be used. Filter capacity shall at least filter the entire system volume in a 12-hour period.
2. (4.2 million Gallons) Include the bypass flow in the pump duty or provide a dedicated filtration pump. Provide piping connections per VA Standard Detail.
3. Period of Performance: 9 months.
D. REQUIREMENTS: At a minimum, the installed water conditioning equipment shall include:
· CHILL WATER SYSTEM FILTRATION (Brand name or Equal | (MIA and/or BAA compliant)
1. Housing Model: S4UFH44-28-60-12F-150 (1 ea)
2. Filters for this housing = Model: XP-G1-6100E (140 ea)
3. Site preparation removal of concrete/piping/ electrical and associated obstacles.
4. Concrete pad w/ steel rebar reinforcement and retaining wall (4”- 6” min thickness / TBD by weight loading)
5. Primary valves, motors , pumps, piping, bypass valves and associated piping
6. Weld in piping and Nondestructive test (NDT) all welds. 100% Visual Testing (VT) and 10% of remaining welds Magnetic Particle NDT (MT), or Ultrasonic NDT (UT)
7. Housing anchor bolts (stainless steel). Provide recorded report to Contracting Officer Representative (COR).
8. Insulation – Thickness: recommended thickness for piping. Stainless steel or aluminum jacket and higher density insulation for exposed piping.
9. Seal and Weatherproof Existing Building Penetrations from installation processes.
10. Clean out piping 2” routed to blow down tank
11. Install / program monitoring devices to APOGEE / DESIGO system w/ wiring to panel (inlet, outlet press, motor on/off/auto & temperature probe.
12. Develop a detailed renovation plan including new drawings, design, specifications, materials, and timelines.
13. Perform startup checks, according to manufacturer's written instructions, tests as recommended by product manufacturers, Verify pump rotation for correct direction, and check for vibration
E. OVERVIEW: Condensate Polishing
1. High-pressure steam generators always require pristine water, as even small amounts of impurities such as chloride, sulfate, or the hardness elements can cause corrosion and scale formation. Adding A polisher provides a good buffer from impurity ingress that could otherwise cause significant severe damage in the steam generator.
F. REQUIREMENTS: At a minimum, the installed water conditioning equipment shall include:
· STEAM CONDENSATE POLISHER (Brand name or Equal)
1. Site preparation removal of concrete/piping/ electrical and associated obstacles.
2. 304/L Stainless Steel resin tanks, exterior piping, and internal distributors
3. Mounted on Galvanized Steel Skid
4. Pre-piped to 4” 304SS headers with support stands across back of tanks with 4” flange connection for inlet/outlet, 2” flange drain connection.
5. Butterfly Fluid control valves (3" Valves-Fail Open/2" &1" Valves Fail Closed)
6. High-Capacity Cation Softening Resin
7. 2" Cold water backwash/ regeneration supply
8. Inlet/Outlet sampling valves included for each tank-Omron PLC Control Panel
9. Progressive flow programming (tanks in service based on flow rates)
10. Sample Cooler 374901-001
11. 30”x84” 304L ASME 3/8" Stainless Steel 150 PSI tanks w/20ft3 resin each tank.
12. 39X60 Poly Brine Tank w/ Float Assembly
13. Full flow bypass line
14. monitoring devices to APOGEE / DESIGO system
15. Insulation – Thickness: Provide and install the recommended insulation for piping. Stainless steel or aluminum jacket and higher density insulation for exposed piping.
16. Develop a detailed renovation plan including new drawings, design, specifications, materials, and timelines.
17. Perform startup checks, according to manufacturer's written instructions, tests as recommended by product manufacturers
18. The contractor shall furnish and install 1 (ea.) custom-engineered chilled water / steam conditioning system drawing in the area specified by COR (Dallas Chilled water loop and tank & steam return and list of equipment and flow diagrams.
19. The contractor shall procure and install Ultra Flow Cartridge Filter Housings w/ filters and associated equipment for facility water filtration to supplement current 10-micron filter assemblies in the Energy Center & Condensate Polisher Softening system is designed for flow rate ranges from 150gpm-200gpm at temperatures up to 170°f.
20. The contractor shall procure and provide at a minimum:
I. 1 site visit prior to proposal (planning) (No Exceptions Facility Visit Roster to be checked) II. 1 site visit after awarding (planning, provide detailed system drawing and timeline) (Within 10 working days of award) III. 2 site visits prior to start of work. (planning changes, updates) IV. Plans and redundancies for hot tapping both chilled & condensate lines.
G. INSPECTION
1. The contractor will provide a detailed inspection and photographs of the finished surfaces/area upon the completion of installation.
2. At a minimum, the COR will conduct quality assurance (QA / Quality Control (QC) inspections weekly with foreman to ensure benchmarks are obtained, and standards upheld.
I. Uncured material II. Inadequate thickness III. Pinholes IV. Blisters V. Delamination VI. Foreign matter VII. Unspecified materials
H. EQUIPMENT INSTALLATION:
1. Contractor is to be responsible for doing the following in preparation for the installation and commissioning of the water conditioning systems:
I. Contractor will coordinate installation with COR and Facilities Management Engineering Shops, installing hot taps and or connection points as identified on the list of equipment and flow diagrams.
II. Install misc., hardware, fittings, valves and piping run as necessary to support installation of items identified on the list of equipment and flow diagrams.
III. Responsible for obtaining installation permits as required.
IV. The startup and commissioning of the equipment will be managed by Contractor to ensure all components are operable and function V. correctly.
VI. Water supply lines shall be flushed until water runs free of any foreign material, Results shall be provided to the COR.
VII. A minimum flush time of 30 minutes is required.
I. WORKFORCE:
a. The contractor shall provide all supervision, skilled and unskilled labor needed to perform the work.
b. The Contractor shall be responsible for total integration of effort and control of the works. The Contractor shall be responsible for planning, monitoring, coordinating, and controlling the works.
c. The contractor shall provide Foremen and other supplemental staff as necessary to perform the work within the timelines and quality standards specified. Staff shall demonstrate knowledge, skill, and experience with the equipment, and standards required by the contract. Contractor employees shall have access to the equipment and equipment areas.
d. Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays, or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.
e. The Contractor shall not condone disorderly conduct, use of abusive or offensive language, quarreling, and intimidation by words, actions, or fighting. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.
f. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances which produce similar effects.
g. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer (CO) of the complaints so that the CO may take appropriate action if any of the services exceed the standard. The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
J. Subcontractors: Contractor shall be responsible for the conduct and workmanship of Subcontractors engaged in the Project, and for Subcontractors compliance with the terms of this Statement of Work. The Contractor is responsible for the behavior and workmanship of Subcontractors while on US Government property.
K. Modification to Contract: The Contractor shall not incur any costs beyond those described in this SOW unless directed otherwise in writing by the CO. Any work performed by the Contractor beyond this SOW without written direction from the CO & COR will be at the Contractor’s own risk and at no cost to the Dallas VA.
L. Stop Work: At any time during the service, CO & COR reserves the right to Stop Work for protection of employees or visitors, security, or any other reason at his/her discretion.
M. Defects in Work: Neither the required quality control procedure, nor detection of defects, nor correction of defects, nor the re-inspection or re-testing of corrected work, provides a basis for Contractor's claim for Contract modification/Additional Compensation, or request for extension of Contract Time. Warranty: The Contractor shall provide a one-year warranty covering all installation labor, contractor-furnished equipment, and system components.
N. INVOICE: Contractor shall issue one detailed invoice to the buyer for the total amount of an order regardless of the number of partial shipments. Contractor shall automatically send an electronic submission of payments invoice to OB10 for monthly certification.
The Government reserves the right to terminate a contract at any time if it is no longer needed, no longer represents competitive pricing, does not provide adequate service (e.g., delivery, billing, item quality), or is otherwise not in compliance with the terms and conditions.
O. REPORTS: Contractor shall provide reports detailing the invoice to the buyer for the total amount of orders. The VA orders submitted, and the Contractor orders are received and signed shall match before certification.
P. ORDERING LIMITATIONS: The contractor will only fill orders based on the supplies approved by the COR. Orders will be placed based on facility requirements.
Q. DELIVERY TICKETS: All deliveries under this Agreement shall be accompanied by a delivery ticket or packing slip and shall contain the following:
1. Name of Supplier
2. Contract Number
3. Purchase Order Number
4. Date of Purchase
5. Itemized List of Supplies or Services Furnished
6. Quantity, Unit Price, and Less Any Applicable Discount (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided that the invoice is itemized to show this information)
7. Date of Delivery or Shipment
8. Name, Building, and Room Number of Person Placing Order
9. Delivery/Consignee Address I. Upon delivery, the receiving activity shall sign the packing slip/delivery ticket and retain one copy. One copy may subsequently be required to support the invoice.
II. A signed copy of the invoice shall be furnished to the COR.
R. RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS
The following standard items relate to records generated in executing the contract and shall be included in a typical Electronic Information Systems (EIS) procurement contract:
1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.
4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.
5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
6. The Government Agency owns the rights to all data/records produced as part of this contract.
7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor shall deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of competition [draft, final, etc.].
9. No disposition of documents shall be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records shall not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
10. Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
S. EXTENT OF OBLIGATION: DELIVERY SERVICE LEVEL:
1. Back Orders – The contractor must notify designated individuals’ customers within 24 hours of order placement that some or all the items are back ordered and provide the authorized designee with an estimated delivery date. The customer must be given the option of requesting an equivalent substitution or cancelling the order.
2. Partial orders - Contractor must notify the COR or designated individuals placing the order if there are any problems filling an order or any anticipated delivery delays. The designated individuals (customer) must have the option to cancel that item or wait for the late delivery. The 98% on time shipping baseline will not include any items for which the contractor has notified the employee of stocking or delivery problems at time of order placement.
3. Returns - Return of damaged products is the contractor’s financial responsibility and liability. If ordered items are received in damaged condition, the contractor must replace items at their expense as soon as possible but must not exceed the delivery time specified in the original order. The contractor must provide a returned merchandise authorization (RMA) and prepaid shipping label with each replacement order. If the number of items received exceeds the number ordered, the excess must be returned at the contractor’s expense.
4. All discrepancies, and excess shall be the responsibility of the contractor. The contractor shall make all effort to resolve discrepancy at no cost.
Information Technology Security Requirements Section
As prescribed in 839.201, insert the following clause: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.
1. GENERAL
Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
b. All contractors, subcontractors, and third-party servicers and associates working with VA information is subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security and Preparedness is responsible for these policies and procedures.
c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.
d. Custom software development and outsourced operations must be located in the U.S.
to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.
e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.
3. VA INFORMATION CUSTODIAL LANGUAGE
a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data
- General, FAR 52.227-14(d) (1).
b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.
c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.
e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.
h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.
j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.
l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.
4. GENERAL RULES OF BEHAVIOR
a. Rules of Behavior are part of a comprehensive program to provide complete information security. These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the security of their computer and the information it contains is an essential part of their job.
b. The following rules apply to all VA contractors. I agree to:
(1) Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract.
(2) Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions.
(3) I will not use other equipment (OE) (non-contractor owned) for the storage, transfer, or processing of VA sensitive information without a VA CIO approved waiver, unless it has been reviewed and approved by local management and is included in the language of the contract. If authorized to use OE IT equipment, I must ensure that the system meets all applicable 6500 Handbook requirements for OE.
(4) Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract.
(5) Not attempting to override or disable security, technical, or management controls unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COR or ISO. If I am allowed or required to have a local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee.
(6) Contractors’ use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms of those systems. I accept that the restrictions under ethics regulations and criminal law still apply.
(7) Grant access to systems and information only to those who have an official need to know.
(8) Protect passwords from access by other individuals.
(9) Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting VA information as well as the rules of behavior and security settings for the particular system in question.
(10) Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard VA sensitive information, both safeguarding VA sensitive information in storage and in transit regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA.
(11) Follow VA Handbook 6500.1, Electronic Media Sanitization to protect VA information. I will contact the COR for policies and guidance on complying with this requirement and will follow the COR's orders.
(12) Ensure that the COR has previously approved VA information for public dissemination, including e-mail communications outside of the VA as appropriate. I will not make any unauthorized disclosure of any VA sensitive information through the use of any means of communication including but not limited to e-mail, instant messaging, online chat, and web bulletin boards or logs.
(13) Not host, set up, administer, or run an Internet server related to my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA unless explicitly authorized under the contract or in writing by the COR.
(14) Protect government property from theft, destruction, or misuse. I will follow VA directives and handbooks on handling Federal government IT equipment, information, and systems. I will not take VA sensitive information from the workplace without authorization from the COR.
(15) Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by VA. I will contact the COR for policies and guidance on complying with this requirement and will follow the COR's orders regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with VA.
(16) Not disable or degrade the standard anti-virus software, antispyware, and/or firewall/intrusion detection software on the computer I use to access and use information assets or resources associated with my performance of services under the contract terms with VA. I will report anti-virus, antispyware, firewall or intrusion detection software errors, or significant alert messages to the COR.
(17) Understand that restoration of service of any VA system is a concern of all users of the system.
(18) Complete required information security and privacy training, and complete required training for the particular systems to which I require access.
End Statement of Work
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
Install Chill Water System Filtration & Steam Condensate Polisher (bldg. 70)
| GRAND TOTAL |
| __________________ |
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 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):
https://www.acquisition.gov/far-overhaul https://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.203-6 |
| RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT ALTERNATE I (NOV 2021) |
| JUN 2020 |
| 52.203-16 |
| PREVENTING PERSONAL CONFLICTS OF INTEREST |
| JUN 2020 |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS |
| NOV 2023 |
| 52.203-19 |
| PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS |
| JAN 2017 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION) |
| NOV 2025 |
| 52.209-6 |
| PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED |
| JAN 2025 |
| 52.209-9 |
| UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS |
| OCT 2018 |
| 52.209-10 |
| PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS |
| NOV 2015 |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION) |
| OCT 2025 |
| 52.219-6 |
| NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION) |
| NOV 2025 |
| 52.219-8 |
| UTILIZATION OF SMALL BUSINESS CONCERNS (DEVIATION) |
| NOV 2025 |
| 52.219-14 |
| LIMITATIONS ON SUBCONTRACTING (DEVIATION) |
| NOV 2025 |
| 52.219-28 |
| POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (DEVIATION) |
| NOV 2025 |
| 52.222-3 |
| CONVICT LABOR (DEVIATION) |
| NOV 2025 |
| 52.222-35 |
| EQUAL OPPORTUNITY FOR VETERANS (DEVIATION) |
| NOV 2025 |
| 52.222-36 |
| EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (DEVIATION) |
| NOV 2025 |
| 52.222-37 |
| EMPLOYMENT REPORTS ON VETERANS (DEVIATION) |
| NOV 2025 |
| 52.222-40 |
| NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEVIATION) |
| NOV 2025 |
| 52.222-41 |
| SERVICE CONTRACT LABOR STANDARDS (DEVIATION) |
| NOV 2025 |
| 52.223-2 |
| REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (DEVIATION) |
| NOV 2025 |
| 52.223-23 |
| SUSTAINABLE PRODUCTS (DEVIATION) |
| NOV 2025 |
| 52.222-44 |
| FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS—PRICE ADJUSTMENT (DEVIATION) |
| NOV 2025 |
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS (DEVIATION) |
| NOV 2025 |
| 52.222-54 |
| EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) |
| NOV 2025 |
| 52.222-55 |
| MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (DEVIATION) |
| NOV 2025 |
| 52.222-62 |
| PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (DEVIATION) |
| NOV 2025 |
| 52.225-5 |
| TRADE AGREEMENTS |
| NOV 2023 |
| 52.226-8 |
| ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING |
| MAY 2024 |
| 52.228-5 |
| INSURANCE—WORK ON A GOVERNMENT INSTALLATION |
| JAN 1997 |
| 52.229-3 |
| FEDERAL, STATE, AND LOCAL TAXES (DEVIATION) |
| SEP 2025 |
| 52.229-12 |
| TAX ON CERTAIN FOREIGN PROCUREMENTS |
| FEB 2021 |
| 52.232-33 |
| PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| MAR 2023 |
| 52.233-3 |
| PROTEST AFTER AWARD |
| AUG 1996 |
| 52.233-4 |
| APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM |
| OCT 2004 |
| 52.237-2 |
| PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION |
| APR 1984 |
| 52.252-6 |
| AUTHORIZED DEVIATIONS IN CLAUSES |
| NOV 2020 |
| 852.201-70 |
| CONTRACTING OFFICER'S REPRESENTATIVE |
| DEC 2022 |
| 852.203-70 |
| COMMERCIAL ADVERTISING |
| MAY 2018 |
| 852.204-70 |
| PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (DEVIATION) |
| MAR 2026 |
| 852.222-71 |
| COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION) (APR 2025) |
| APR 2025 |
| 852.232-72 |
| ELECTRONIC SUBMISSION OF PAYMENT REQUESTS |
| NOV 2018 |
| 852.242-71 |
| ADMINISTRATIVE CONTRACTING OFFICER |
| OCT 2020 |
C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000.00 per occurrences.
(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.
(End of Clause)
C.3 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 15 days.
(End of Clause)
C.4 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 |
See attached WD
(End of Clause) C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 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;
(2) 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;
(3) 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 ineligible for further Government contracts;
(4) 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
(5) 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.
(6) 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)
C.6 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…
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