S02 Combined Synopsis Solicitation Fargo Janitorial.pdf
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- Attached to
- Fargo National Cemetery Janitorial Services
- Solicitation number
- 36C78626Q50112
About this file
This is a Combined Synopsis and Solicitation for Janitorial Services at Fargo National Cemetery issued by the Department of Veterans Affairs, National Cemetery Administration.
The Government seeks qualified Service-Disabled Veteran-Owned Small Business (SDVOSB) contractors to provide janitorial and custodial services at Fargo National Cemetery in Harwood, North Dakota. This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract with a guaranteed minimum value of $1,000 and maximum aggregate value not to exceed $150,000 across a one-year base period plus four optional one-year extension periods. The solicitation is issued as Request for Quotation (RFQ) 36C78626Q50112 under NAICS code 561720 with a $22 million small business size standard. Quotations are due by February 26, 2026 at 4:00 PM EST and must be submitted to April.Graves@va.gov in four separate volumes: Volume A (Administrative), Volume B (Technical Proposal with management plans), Volume C (Past Performance Questionnaires), and Volume D (Pricing Schedule in Excel format). Questions must be submitted by February 19, 2026 at 4:00 PM EST. Awards will be made on a Lowest Price Technically Acceptable (LPTA) basis evaluated on price as the primary factor and technical acceptability as pass/fail. The contractor's pricing must be all-inclusive (labor, supervision, equipment, materials, supplies) and delivered FOB Destination. All quoters must be registered in the System for Award Management (SAM) and must be VIP-listed SDVOSBs at time of offer and award. The contractor must comply with service contract labor standards, prevailing wage requirements, SCA Wage Determination 2015-4969, and all applicable federal employment and security regulations.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 36C78626Q50112 0001 Ammendment.pdf | ||
| A PWS Fargo.pdf | ||
| B P09 C Cemetery Operational Standards and Measures.pdf | ||
| F Pricing.xlsx | XLSX spreadsheet | |
| C P09 D Dignity Clause.pdf | ||
| D P07 2015-4969.pdf | ||
| E P09 Past Performance.pdf |
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Text version
GENERAL INFORMATION:
Document Type: Combined Synopsis Solicitation
Solicitation Number: 36C78626Q50112
Title: Janitorial Services National Cemetery
Post Date: 02/13/2026
Original Response Date: 02/26/2026 4:00pm EST
Applicable NAICS: 561720 – Janitorial Services
PSC: S201 – Custodial Janitorial Services
Set Aside Type: SDVOSB Set Aside
Issuing Contracting Office: Department of Veterans Affairs
National Cemetery Administration, Contract Services
18434 Joplin Road
Triangle, VA 22172
Place of Performance: Fargo National Cemetery
8709 40th Avenue North, Co Rd 20, Harwood, ND
Attachments: A - Statement of work
B - Cemetery Operational Standards
C – Dignity Clause
D – SCA Wage Determination 2015-4969
E- Past Performance Questionnaire
F- Pricing Schedule (Excel)
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.
This solicitation is issued as a Request for Quotation (RFQ), solicitation number 36C78626Q50112.
This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC)
2025-06 with an effective date of 10/01/2025.
Contractor is responsible for submitting their package in accordance with the guidance in this solicitation.
Failure to follow the document format or the solicitation guidelines will render the submission non-responsive and ineligible for consideration.
NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:
The NAICS code for this procurement is 561720, business size standard of $22 million dollars.
PRICE SCHEDULE: See Attachment F. The schedule price for each CLIN should be all-inclusive, including all supervision, labor, equipment, materials, and supplies. Pricing shall be FOB Destination and in accordance with the Statement of Work and Terms and Conditions of this Combined
Synopsis/Solicitation.
Quoters shall enter the unit price and total amounts for each CLIN as indicated in the schedule –
Attachment F (Excel). In the event the Quoter did not add the total estimated price correctly, the
Government will utilize the unit price(s) to compute the correct total estimated price.
DESCRIPTION OF REQUIREMENT: See Statement of Work at Attachment A.
CONTRACT DATES: The period of performance will be one (1) base year and four (4) one-year options period if exercised, from the date of award.
DELIVERY/ACCEPTANCE LOCATION: The delivery and acceptance location will be at the Place of Performance address listed on page 1 of this Combined Synopsis/Solicitation.
CONTRACT TYPE: This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach.
The U.S. Department of Veteran Affairs, National Cemetery Administration, anticipates the award of an
Indefinite Delivery Indefinite Quantity (IDIQ) contract with a base plus four option years, if exercised, for trash services.
PRE-BID SITE VISIT: No site-visits or individual tours will be scheduled. Quoters are able to tour cemetery at their own leisure during operating hours.
All questions should be sent to the Contracting Officer by following the instructions in the “RFQ
QUESTIONS” section of this Combined Synopsis Solicitation. The Contracting Officer will then issue an amendment(s) answering all the questions received by the question due date. Potential Quoters are responsible for checking SAM.gov for issued Amendments to this Combined Synopsis Solicitation.
PAYMENT: 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 (OCT
2018)
INSTRUCTIONS TO QUOTERS: All prospective Quoters must be registered with the System for
Award Management (SAM) website and complete the Online Representations and Certifications at
SAM.gov prior to the solicitation close date, and at time of award. Failure to comply will result in the
Quoter being considered ineligible.
QUOTATION FORMAT AND SUBMITTAL INFORMATION: Quotes must be submitted on company letterhead in either Adobe pdf platforms and submitted by email to the individuals listed in the
Response to Request for Quotation (RFQ) section of this Combined Synopsis Solicitation. Quoters are hereby advised that any Quoter-imposed terms and conditions which deviate from the Government’s terms and conditions may render the Quoter’s quote Unacceptable, and thus ineligible for award.
All quotes shall be submitted in four (4) different documents for each volume listed below. Each title shall include the appropriate Volume. Quoters are strongly encouraged to use any formats/ organization provided to ensure the best evaluation of documents. The Volumes are as follows:
https://sam.gov/content/home
Volume A – Administrative
The Quoter shall include the following in Volume A:
• Legal Business/Company Name (as listed in SAM.gov)
• Business Mailing Address
• SAM Unique Entity ID (UEI)
• Point of Contact
• Telephone Number
• Email Address
• Signed and dated copy of each Amendment, if applicable
• Provide completed copies of the following Provisions that are required to be submitted as part of the quote: (If already completed in SAM, provide a copy of SAM) Failure to comply shall result in the Quoter being ineligible for award.
o FAR 52.204-24 Representations Regarding Certain Telecommunications and Video
Surveillance Services or Equipment o FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation o FAR 52.212-3 Quoter Representations and Certifications-Commercial Products and
Commercial Services o FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-
Representation
• Completed copy of VAAR 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (Nov 22)
*NOTE – It is the responsibility of the Quoter to ensure they have completed all other annual representations and certification provisions electronically in the System for Award Management (SAM) accessed through https://sam.gov.
Volume B – Technical Proposal
Quoter shall include the following in Volume B in accordance with the Technical Qualifications criteria listed in the Evaluation Process section of this combined synopsis solicitation:
• Provide management plans in a clear, definitive process for how the contractor intends to complete all the work as outlined in the statement of work
Volume C – Past Performance
Quoter shall include the following in Volume C:
• Past Performance Questionnaires (Attachment F).
Volume D – Pricing
Quoter shall include the following in Volume D:
• Proposed pricing shall be submitted on the included Price Schedule in Excel format (Attachment
G).
Contractor’s pricing shall include all labor, supervision, equipment, materials and supplies necessary to provide the required services at Fargo National Cemetery.
RFQ QUESTIONS: All questions regarding this solicitation are to be submitted to the Contracting
Officer, via email, no later than February 19, 2026 at 4:00pm EST. No questions will be accepted after this time. Questions pertaining to this announcement shall be sent by email to:
April.Graves@va.gov. Telephone inquiries will not be accepted. Amendments will be issued to answer all questions that are submitted.
RESPONSE TO REQUEST FOR QUOTATION (RFQ): Quotes are due to the Contracting Officer no later than February 26, 2026 at 4:00pm EST. Email responses to April.Graves@va.gov. Responses to this announcement will result in an Indefinite Delivery Indefinite Quantity contract with a base plus four option years, if exercised. The Government intends to make award without discussions. It is the responsibility of the Quoter to submit their best pricing at the time quotes are due.
All information submitted in response to this announcement is voluntary and the Government will not pay for information provided nor will it compensate any respondent for any cost incurred in developing information provided for the Government. Quoters are responsible for obtaining any and all amendments or additional information concerning this announcement at SAM.gov. Failure to provide a signed amendment as part of the quotation submission will result in being considered ineligible.
EVALUATION PROCESS: Quotes will be evaluated using FAR Part 12 procedures and in accordance with the Addendum to FAR 52.212-2. The award will be made on a Lowest Price Technically Acceptable
(LPTA) basis. The Government intends to award a contract to the responsible offeror whose proposal conforms to the solicitation requirements and is determined to be technically acceptable, with the lowest evaluated price.
Evaluation Factors
The Government will evaluate offers based on the following factors:
• Factor 1: Price (Lowest Price)
• Factor 2: Technical Acceptability (Pass/Fail)
Determination of Responsibility
Prior to the award, the Government will make an affirmative determination of responsibility for the apparent successful offeror. This determination may include consideration of:
• The offeror’s financial resources.
• The offeror’s ability to comply with required delivery/performance schedules.
mailto:April.Graves@va.gov file://///cemfsna.cem.va.gov/nca_home_fldrs4$/Sarah.Poole1/Contract%20Docs/iFAMS/FY%2025/Andrea/Danville/April.Graves@va.gov https://sam.gov/content/home
• The offeror’s record of satisfactory performance, including past performance on Government contracts.
• The offeror’s integrity, ethics, and business practices.
The Government reserves the right to use any available information, including data from the System for
Award Management (SAM), the Contractor Performance Assessment Reporting System (CPARS), and other sources, including the Contracting Officers' knowledge, to assess responsibility.
TECHNICAL ACCEPTABILITY EVALUATION FACTORS: To assist the Contracting Officer in determining if the technical acceptability evaluation factors applicable to this procurement are met, Offerors are asked to provide the following information with their offers. Failure to include this information will result in a
Contracting Officer’s determination that an otherwise lowest-priced Offeror is not eligible for contract award.
Proposals that include generic non-specific descriptions of services, management processes, or quality control procedures that are not tailored to this requirement will be considered technically unacceptable.
The Govt will not assume capability from generalized statements or standard company policy descriptions. Encouraged are a location-specific schedule, staffing plan with estimated labor hours, and supervisory plan.
See Volume B: Management Plans: (Acceptable/ Unacceptable)
Sub-Factor 1: In 10 pages or less
• Provide a detailed description of how the operations are to be performed and rationale for each procedure in the plan.
See Volume C: Proof of Experience/Performance: (Acceptable/ Unacceptable)
"Past experience refers to the work history of the offeror or its key personnel, showing they have done similar work before. Resumes should show recent (within the last 10 years) and relevant experience of 3+ years.
“Past performance” refers to how well a company performed on previous contracts. Recent contracts (within the last 5 years) and relevant performance of 3+ years on similar scope and complexity.
CONTRACT MINIMUM/MAXIMUM VALUES: The guaranteed minimum amount for the life of the contract is $1,000. The maximum aggregate value of the contract, inclusive of the five (5), one-year
Ordering periods, if exercised, shall not exceed $150,000. The Government will evaluate proposals for award purposes by adding the total price for all options to the total price for the basic requirement. The
Government may determine that a proposal is unacceptable if the option prices are significantly unbalanced or if the proposed price for the basic requirement or any option exceeds the amount of funding available for any of those requirements. Evaluation of options shall not obligate the Government to exercise the option(s).
Task Orders may be executed any time during the term of the IDIQ; however, each task order shall not exceed twelve (12) months.
POST AWARD CONFERENCE: A Post-Award conference will be scheduled by the Contract
Specialist to discuss the requirements with the Awardee and all other stakeholders.
CONTRACT CLAUSES AND SOLICITATION PROVISIONS:
Notice Regarding Deviation Feb 2025:
“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-
3, Quoter Representations and Certifications—Commercial Products and Commercial Services.
Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”
52.252-1 Solicitation Provisions Incorporated by Reference.
As prescribed in 52.107(a), insert the following provision:
Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
________ https://www.acquisition.gov/_____________
_____________________________________________ [Insert one or more Internet addresses]
(End of provision)
FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality
Agreements or Statements-Representation.(JAN 2017)
FAR 52.204-7 System for Award Management.
FAR 52.204-13 System for Award Management Maintenance (Oct 2018)
FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (DEVIATION NOV 2025)
FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
(DEVIATION NOV 2025)
FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.
FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (OCT
2022) (DEVIATION NOV 2025)
FAR 52.222-3 Convict Labor.(JUN 2003)
FAR 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) (DEVIATION NOV 2025)
FAR 52.222-41 Service Contract Labor Standards.(AUG 2018)
FAR 52.222-50 Combating Trafficking in Persons. (NOV 2021)
FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026
(JAN 2022) (DEVIATION NOV 2025)
FAR 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022) (DEVIATION NOV 2025)
FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.(MAY 2024)
FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation.
FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
FAR 52.232-18 Availability of Funds (APR 1984)
FAR 52.233-3 Protest after Award. (AUG 1996) (DEVIATION NOV 2025)
FAR 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) (DEVIATION NOV 2025)
FAR 52.225-2 Buy American Certificate.
FAR 852.219-73 VA Notice to Total Set-Aside for Certified Service-Disabled Veteran-Owned
Small Businesses (JAN 2023) (DEVIATION)
FAR 852.215-72 Notice of Intent to Re-solicit (OCT 2019)
FAR 852.232-72 Electronic Submission of Payment Requests (NOV 2018)
As prescribed in 25.1101(a)(2), insert the following provision:
Buy American Certificate (Oct 2022)
(a) (1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.
(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled
"Buy American-Supplies."
(b)Foreign End Products:
Line Item No. Country of Origin Exceeds 55% domestic content (yes/no)
(b)[List as necessary]
(c) Domestic end products containing a critical component:
Line Item No. ___
[List as necessary]
(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the
Federal Acquisition Regulation.
52.240-91 Security Prohibitions and Exclusions.
As prescribed in 40.205(b), insert the following clause:
Security Prohibitions and Exclusions (Deviation Date)
(a) Definitions. As used in this clause—
American Security Drone Act-covered foreign entity means an entity included on a list that the Federal
Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award
Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment;
or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the
International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal
Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export
Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal
Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control
Reform Act of 2018 (50 U.S.C. 4817).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain
Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of
FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of
Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Kaspersky Lab-covered article means any hardware, software, or service that—
(1) Is developed or provided by a Kaspersky Lab-covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky
Lab-covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky
Lab-covered entity.
Kaspersky Lab-covered entity means—
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).
Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).
(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the
Government or using in the performance of the contract any of the following:
(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations
Act, 2023 (Pub. L. 117-328));
(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization
Act for Fiscal Year 2018 (Pub. L. 115-91));
(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone
Act—covered foreign entities.
(1) Prohibition. The Contractor is prohibited from—
(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);
(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and
(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).
(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security
Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a
FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.
(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.
(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.
(1) Certain telecommunications and video surveillance equipment, systems, or services.
(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system
(paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Pub. L. 115-232)).
(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—
(A) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or
(B) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Office of Foreign Assets Control Restrictions.
(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the
Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.
(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.
(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of Specially
Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.
(B) For more information about these restrictions, as well as updates, see OFAC’s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.
(C) To conduct electronic screens of potential parties to regulated transactions, see the consolidated screening list at https://www.trade.gov/consolidated-screening-list, which consolidates multiple export screening lists of the Departments of Commerce, State, and the Treasury.
(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business operations in
Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-174).
(4) Iran prohibitions.
(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran (section 6(b)(1)(A) of Iran
Sanctions Act (50 U.S.C. 1701 note).
(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the President, and has an active exclusion in SAM (22 U.S.C. 8515).
(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is subject to trade agreements and the offeror certifies that all the offered products are designated country end products or designated country construction material (see part 25).
(iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran’s Revolutionary Guard
Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic Powers Act (section 6(b)(1)(B) of Iran
Sanctions Act (50 U.S.C. 1701 note)).
(e) Governmentwide exclusion and removal orders.
(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order as follows:
(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.
(ii) For all other solicitations and contracts, DHS FASCSA orders apply.
(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management
(SAM) at https://www.sam.gov to locate applicable FASCSA orders.
(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.
(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).
(f) Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.
(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that this clause prohibits.
(h) General report.
(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), that any product or service provided or used (or to be provided or used) during contract performance does not comply with any prohibition in this clause, then the Contractor shall report the following information, or as much information is known, in writing to the contracting office as identified in paragraph (h)(2) within
72 hours:
(i) Contract number and order number, if applicable;
(ii) The specific prohibition the product or service is not complying with;
(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));
(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;
(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the contractor would like the Government to consider a waiver, and asks for such a waiver);
(vii) Whether alternative products or services are available that would comply with the prohibition;
(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:
(A) Brand;
(B) Model number, OEM number, manufacturer part number, or wholesaler number; and
(C) Item description, as applicable.
(ix) Any readily available information about mitigation actions implemented or recommended.
(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as follows:
(i) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.
(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer.
(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.
(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new information.
(4) The contractor shall also report the information in paragraph (h)(1) if the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification.
(i) New FASCSA orders report.
(1) During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (e) of this clause.
(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the
Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.
(3) The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this clause if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s). For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. The Contractor shall report the following information within
72 hours for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order:
(i) Contract number and order number, if applicable;
(ii) Name of the covered article or source subject to a FASCSA order;
(iii) The specific FASCSA order the product or service does not comply with;
(iv) The elements of (h)(1)(iii) through (ix) of this clause.
(j) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (j) but excluding subparagraphs (d)(1) and (i)(1), in all subcontracts and other contractual instruments, including subcontracts for acquiring commercial products or commercial services.
(End of clause)
52.212-4 Contract Terms and Conditions-Commercial Items (AUG 2025)
Addendum to FAR 52.212-4 Clauses in corporate by reference in numeric order starting with FAR and followed by VAAR.
The following solicitation clauses apply to this acquisition:
52.252-2 Clauses Incorporated by References (FEB 1998). The full text of FAR/VAAR clauses may be accessed electronically at:
https://www.acquisition.gov/browse/index/far http://www.va.gov/oal/library/vaar/
FAR 52.203-17 Contractor Employee Whistleblower Rights.(NOV 2023)
FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality
Agreements or Statements-Representation. (JAN 2017)
FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
(JAN 2017)
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
FAR 52.237-3 Continuity of Services (Jan 1991)
FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2025)
(DEVIATION OCT 2025)
FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)
VAAR 852.201-70 Contracting Officer’s Representative (Dec 2022)
VAAR 852.203-70 Commercial Advertising (May 2018)
VAAR 852.232-72 Electronic Submission of Payment Requests (Nov 2018)
VAAR 852.242-71 Administrative Contracting Officer (OCT 2020)
End of Addendum to 52.212-4
(End of Clause) https://www.acquisition.gov/browse/index/far http://www.va.gov/oal/library/vaar/
CL-120 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:
Bodily Injury Liability: $500,000 per occurrence
Property Damage Liability: $100,000 per occurrence
(c) Automobile liability:
Bodily Injury: $200,000 per person/$500,000 per occurrence
Property Damage: $20,000 per occurrence
(d) The successful bidder must present to the Contracting Officer, prior to the award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.
(End of Clause)
52.216-1 Type of Contract (APR 1984) (DEVIATION NOV 2025)
As prescribed in 16.105 , complete and insert the following provision:
Type of Contract (Apr 1984)
The Government contemplates award of an indefinite delivery indefinite quantity contract resulting from this solicitation.
FAR 52.216-18 Ordering (Aug 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 4/1/2026 through 3/31/2031.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when— https://www.acquisition.gov/far/16.105#FAR_16_105
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
FAR 52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $10,000;
(2) Any order for a combination of items in excess of $20,000; or
(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph
(b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the
Government may acquire the supplies or services from another source.
(End of clause)
FAR 52.216-22 Indefinite Quantity (Oct 1995) https://www.acquisition.gov/far/part-52#FAR_52_216_21
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the
Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the
"maximum." The Government shall order at least the quantity of supplies or services designated in the
Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued.
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