Sol_140G0326Q0181.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

294 NW Graham Road, PO Box 142

USGS OAG SACRAMENTO ACQUISITION BR.

MODOC HALL, CSUS

3020 STATE UNIVERSITY DRIVE EAST

SACRAMENTO CA 95819-6027

0044049535140G0326Q0181

Anthony Berry

000-0000

OREGON WSC

97060

07/28/2026

08/06/2026 0800 PD

10/26/2026

TROUTDALE

OR

This solicitation is issued as a Request for Quote (RFQ)

Combined Synopsis/Solicitation

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR 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.

Continued...

1 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140G0326Q0181

This requirement is a total small business set aside.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026 01.

1. Requirement

The contractor shall construct a custom jet boat, including motor and trailer in accordance with the minimum salient characteristics (or better) attached.

2. NAICS

336612 Boat Building.

Size Standard 1000 employees.

3. PSC

1940 - Small Craft

4. Type of Contract

Firm Fixed Price

5. Place of Performance

Contractor's facility

6. Period of Performance

90 days from award.

Vendor may propose a shorter delivery schedule if capable.

7. Submission requirements

1. Signed SF 18 form with firm information, signed by person authorized to sign and completed line item pricing (block 13-16).

2. Active UEI information (System for Award

Management)

3. Firm fixed price quote in accordance with the salient characteristics attached.

4. Technical documentation supporting the evaluation criteria in FAR 52.212-2, Commercial

Products and Commercial Services.

Documentation must demonstrate ability to meet requirements and evaluation factors as specified in section 52.212-2.

8. Due Dates

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140G0326Q0181

Questions shall be accepted until 07/30/2026 at

8:00am Pacific time.

Quotes are due August 6th, 2026, at 8:00am

Pacific time.

9. Submission method

Email all documents to Anthony Berry, Contracting Officer

Email: Anthony_berry@ios.doi.gov

00010 1 EABoat Hull with Console IAW Salient

Characteristics

Product/Service Code: 1940

Product/Service Description: SMALL CRAFT

Delivery: 10/26/2026

00020 1 EAOutboard jet motor IAW Salient Characteristics

Product/Service Code: 2805

Product/Service Description: GASOLINE

RECIPROCATING ENGINES, EXCEPT AIRCRAFT; AND

COMPONENTS

Delivery: 10/26/2026

00030 1 EABoat Trailer IAW Salient Characteristics

Product/Service Code: 2330

Product/Service Description: TRAILERS

Delivery: 10/26/2026

00040 1 LOOfferor shall provide a firm fixed price freight quote for delivery of the completed boat and trailer to the Government delivery point.

Freight pricing is required for evaluation.

Note: Offerors may also provide an optional pickup preparation price under line item

00050.

Product/Service Code: 1940

Product/Service Description: SMALL CRAFT

00050 1 LOPickup Preparation - Vendor Preparation for

Government Pickup

Product/Service Code: 1940

Product/Service Description: SMALL CRAFT

Salient characteristics These are the minimum essential physical, functional and performance characteristics that the offered product must meet or exceed.

Overview: A fully welded aluminum light weight jet boat designed specifically for operating in shallow, swift-water rivers.

Boat Specifications:

Hull: marine grade 5052 aluminum semi-vee with jet tunnel Length 18'8" Bottom width 60" Beam 80" Full support structure system 9° dead rise Bottom of hull gauge 0.125” Center of hull reinforced to 0.25" thick by 15” wide through planning surface Formed rib bottom, with 4 corrugations, 2 on each side of keel Side heights 22" Side gauge 0.125” Straight portion of gunnel to include 7" high fully welded hand railings Squared bow Aluminum diamond plate flooring Flooring to have continuous level decking minimum of 11’ Port and starboard fully welded stable pods Extended bottom trim plate 6 qty 8" welded aluminum cleats, 3 on each side of vessel Floor cargo tie down points Welded bow and stern eyes Side trays length 11’11” Transom shelf 7 ½” 24-gallon aluminum “step up” fuel tank located in bow with port side gunnel fill Bare hull weight not to exceed 900lbs

Center Console:

Standup center console helm, centrally located, approximately 20” width.

Console to include single seat with underneath storage box located directly forward of helm Console to include a lock-able cabinet door and 1-shelf Console to include welded grab handle on top of center console Console to include welded grab handle on port side of center console Console to house the batteries, switches, and all charging ports

Motor:

115 Horsepower 4-stroke, 4-cylinder outboard jet drive motor, having 80HP at jet.

Complete rigging kit including side mount controls, throttle & shift cables, wire harness, and tachometer Safety kill switch and lanyard at helm

Fuel/water separator Urethane Jet foot with fins installed Stainless steel impeller

Batteries&Electrical:

Single, Group 27 AGM battery with 2-way switch, tray, and strap DC to 110v inverter for charging laptops Lithium battery for inverter 54AH DC-DC converter to charge both battery types LED navigation lights Horn Bilge Pump Two 12V accessory plugs USB charger

Custom River Surveying Transducer Mounts:

2(qty) Custom Acoustic Doppler Current Profiler (ADCP) Transducer Mounts Mounts to be fully welded aluminum on top of both port and starboard gunnels.

Mounts to be structurally supported into the hull/gunnel of vessel.

Featuring rotating and telescoping aluminum tubing for river surveying equipment.

Specific drawings given to awardee

Accessories:

Fire extinguisher with mount

Trailer:

Aluminum trailer with 2450lbs weight capacity 2" ball coupling Single axle Aluminum wheels 13" tires Tire fenders Oil bath hub bearings DOT LED lights Spare tire w/carrier Manual bow winch Two adjustable bunks Tongue jack

Warranty:

Lifetime warranty on Hull 1 year warranty for motor

Additional Requirements:

Minimum requirement of 30 MPH at 5000 RPM under a typical load of 2 people and 100lbs of gear

Ability to operate in a minimum of 5” of water depth while on plane under a typical load of 2 people and 100lbs of gear.

Complete on the water field testing completed by the boat manufacturer, USGS personnel must be present for water testing and pass fail will be determined at the time of pickup by USGS personnel.

Vessel must be USCG approved by complying with general safety standards in effect on the date of certification.

All welding completed with no grind marks, splatters, or blemishes.

DELIVERY

Offerors shall provide a firm-fixed-price freight quote for delivery of the complete Boat and trailer to:

Troutdale Oregon.

Freight must be listed as Line Item 00040 for evaluation.

The Government may alternatively elect to pick up the trailer at the vendor’s facility after award, but pickup cannot be quoted as the sole delivery method.

Offerors may provide an optional pickup-preparation price under Line Item 00050, but this optional CLIN will not replace the required freight quote.

COMMERCIAL PROVISIONS

52.252-1 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 https://www.acquisition.gov/far/ and at https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52.

The following provisions are incorporated by reference, with fill-ins noted as appropriate:

52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017)

52.204-7 – System for Award Management (NOV 2024)(Deviation MAR 2026) 52.204-26 Covered Telecommunications Equipment or Services – Representation (OCT 2020) 52.204-29 FASCA Orders – Representation (DEC 2023) 52.212-1 – Instructions to Offerors – Commercial Products and Commercial Services (SEP

2023)(Deviation MAR 2026) https://www.acquisition.gov/far/ https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.219-1 – Small Business Program Representations (FEB 2024)(Deviation JAN 2026, Updated FEB 2026)

52.222-18 – Certification Regarding Knowledge of Child Labor for Listed End Products (FEB 2021)(Deviation MAY 2026) RFO 22.1502-2(a)(1)

52.223-4 – Recovered Material Certification (MAY 2008)(Deviation MAY 2026) 52.225-1 – Buy American-Supplies (OCT 2022) 52.225-1 – Buy American-Supplies (OCT 2022) – Alternate I (OCT 2022) 52.225-2

FAR 52.225-2 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 end products that are manufactured predominantly of iron or steel, the Offeror shall indicate whether foreign iron and steel content constitutes less than 5 percent of the total cost of components, except for those that are COTS items. If the percentage of foreign iron and steel 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:

(Offeror shall list foreign end products below.)

Line Item No. Country of Origin Foreign Iron/Steel <5%?

(Yes/No)

(c) Domestic End Products Containing a Critical Component:

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-22#FAR_22_1502_2

Line Item No.

(d) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

52.212-2 – Evaluation-Commercial Product and Commercial Services (Nov 2021)(Deviation March 2026)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers.

Factor 1 – Technical Capability

You must demonstrate clearly how your proposed jet boat meets or exceeds every technical requirement in the salient characteristics. Your submission should explain your design, materials, engineering methods, and how your approach ensures safety, durability, and performance in shallow, swift‑water environments. Meeting the minimum salient characteristics is sufficient for a higher technical rating.

Relevant items you should address include:

Hull design, structure, materials, and fabrication quality.

Jet‑drive performance characteristics.

Electrical and rigging layout.

Ability to integrate specialized mounts (such as ADCP equipment).

Any unique capabilities or design enhancements you offer.

How this factor is scored:

The Government determines whether your technical approach shows high confidence that your vessel will perform the mission successfully and safely under field conditions

Factor 2 – Risk Assessment Risk Assessment evaluates the likelihood your proposed solution may encounter problems during fabrication, testing, delivery, or in long-term operational use.

You should describe:

• Manufacturing quality control processes.

• Structural and performance testing procedures.

• Schedule realism and ability to meet deadlines.

• Risks associated with subcontractors or component suppliers.

• Prior experience mitigating fabrication or performance risks.

How this factor is scored:

The Government looks for indications of low performance risk, such as proven methods, robust quality control, and realistic timelines. Higher perceived risk lowers the confidence rating.

Factor 3 – Past Performance

You must provide evidence that you have successfully produced similar boats or similar specialized watercraft for scientific, rescue, or swift‑water operations.

You should submit:

References for recent (within ~4 years) relevant projects.

Contract numbers, points of contact, and brief descriptions.

Documented history of delivering vessels that meet demanding technical requirements.

Any CPARS data or other Government performance records you choose to include.

How this factor is scored:

The Government assesses whether your past projects demonstrate your ability to deliver high‑quality, mission-critical vessels. Substantial, relevant past performance earns stronger confidence ratings.

Factor 4 - Price

Price will be evaluated for reasonableness consistent with FAR principles.

Offerors shall provide a firm-fixed-price freight quote for delivery of the completed trailer to:

Troutdale, Oregon

Freight must be listed as Line Item 00040 for evaluation.

The Government may alternatively elect to pick up the trailer at the vendor’s facility after award, but pickup cannot be quoted as the sole delivery method.

Offerors may provide an optional pickup-preparation price under Line Item 00050, but this optional CLIN will not replace the required freight quote.

Per FAR 25.103 and Subpart 25.5, foreign offers will receive an evaluation adjustment—including markups to reflect Buy American preferences—when the domestic offer is not the lowest-priced acceptable offer. The government will apply applicable price evaluation factors to the foreign offers when determining the lowest evaluated price.

Relative importance of factors:

When combined technical capability, risk assessment and past performance are significantly more important than cost or price;

We will select for award the prospective contractor whose quotation conforming to this solicitation will be most advantageous to the USGS.

(b) A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.240-90 – Security Prohibitions and Exclusions Representations and Certifications (Deviation MAR 2026) RFO 40.205(a)

(a) Definitions. As used in this provision-—

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_240_90 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_240_90 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-40#FAR_40_205 apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation 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 in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

https://www.sam.gov/

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $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 pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

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

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(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 https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx mailto:CISADA106@state.gov 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 offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant 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 undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

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

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

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

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of provision)

COMMERCIAL CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998) https://dibnet.dod.mil/

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):

http://www.acquisition.gov/far/ and https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52.

The following clauses are incorporated by reference, with fill-ins noted where appropriate:

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 (OCT 2018)(Deviation MAR

2026)

52.204.19 – Incorporation by Reference of Representations and Certifications (DEC

2014)(Deviation MAR 2026) 52.209-6 – Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025)(Deviation MAY 2026)

52.209-10 – Prohibition on Contracting with Inverted Domestic Corporation (NOV 2015) (Deviation MAY 2026)

52.212-4 – Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)(Deviation MAR 2026)

52.219-4 – Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022)(Deviation JAN 2026)

52.219-6 – Notice of Total Small Business Set-Aside (NOV 2020)(Deviation JAN 2026) 52.219-6 – Notice of Total Small Business Set-Aside (NOV 2020)(Deviation JAN 2026) –

Alternate I (MAR 2020) 52.219-28 – Postaward Small Business Program Rerepresentation (JAN 2025)(Deviation

JAN 2026)

52.222-3 – Convict Labor (JUN 2003)(Deviation MAY 2026) 52.222-19 – Child Labor – Cooperation with Authorities and Remedies (MAR

2026)(Deviation MAY 2026) 52.222-36 – Equal Opportunity for Workers with Disabilities (JUN 2020)(Deviation MAY

2026) 52.225-1 – Buy American-Supplies (OCT 2022) 52.225-1 – Buy American-Supplies (OCT 2022) – Alternate I (OCT 2022) 52.226-8 – Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY

2024)(DEVIATION MAR 2026) RFO 26.601-2

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) 52.244-6 – Subcontracts for Commercial Products and Commercial Services (OCT

2025)(Deviation MAY 2026) http://www.acquisition.gov/far/

52.222-90 Addressing DEI Discrimination by Federal Contractors (Deviation MAY 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)

52.240-91 – Security Prohibitions and Exclusions (Deviation MAR 2026) RFO 40.205(b)

(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 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_240_91 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-40#FAR_40_205 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.

(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—

(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…