Sol_140P4526Q0027.pdf
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- MORR PURCHASE NEW DUMP TRUCK
- Solicitation number
- 140P4526Q0027
About this file
This is a Request for Quotation (RFQ) for the procurement of one new heavy-duty, four-wheel drive dump truck for Morristown National Historical Park in Morristown, New Jersey. The solicitation, issued on September 3, 2026, with RFQ number 140P4526Q0027, is a 100% Total Small Business Set-Aside under NAICS code 336120 (Heavy Duty Truck Manufacturing) with a size standard of 1,500 employees. Quotations must be submitted electronically to Contract Specialist Linda Richardson at linda_richardson@ios.doi.gov by September 15, 2026, at 2:00 PM (ET), with all questions due by September 8, 2026, at 12:00 PM (ET). The vehicle must be delivered within 280-365 days after receipt of order (ARO) to 30 Washington Place, Morristown, NJ 07960.
The specified heavy-duty dump truck must feature a 6.7L diesel engine with electronic four-wheel drive, dual rear wheels, dual 78 AH batteries with 410-amp dual alternators, a 9-foot stainless steel Mason dump body with 16,500 lb. GVWR payload capacity, snowplow preparation package, rear view camera, and platform running boards. The Government will award to the responsible offeror providing the lowest price that meets technical specifications and prior experience requirements. Evaluation criteria include Technical Factor 1 (comprehensive materials and product specifications), Technical Factor 2 (delivery schedule adherence within 365 days), Past Performance (minimum two relevant projects within five years with verifiable customer contacts), and Price (firm-fixed price evaluated for reasonableness). Offerors must be registered in the System for Award Management (SAM.gov) at submission, and quotes must remain valid for 60 days. Late and restrictive offers will not be accepted. The contract will include liability insurance requirements, restrictions on prohibited equipment and services, electronic invoicing through IPP.gov, and compliance with FAR Part 12 commercial item clauses and Department of Interior-specific requirements.
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| File | Type | Posted |
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| Sol_140P4526Q0027_Amd_0001.pdf | ||
| Technical_Questionnaire1.docx | DOCX document | |
| Past_Performance_Questionnaire1.pdf |
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Text version
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)
30 Washington Place
NPS, NER - NPNH
210 New York Ave.
Contracting Office Staten Island NY 10305
0044047430140P4526Q0027
Linda Richardson
815-6151 NPS, Morristown NHP
07960
09/03/2026
09/15/2026 1400 ED
12/30/2026
Morristown
NJ
PURCHASE: "NEW 4WD DUMP TRUCK" for
MORRISTOWN NATIONAL HISTORICAL PARK,
MORRISTOWN, NJ 07960
CONTRACT SPECIALIST: Linda Richardson, Email: linda_richardson@ios.doi.gov
REQUEST FOR QUOTATION (RFQ) MUST BE
RECEIVED ON OR BEFORE: Thursday, September 15, 2026 at 2:00 PM (ET), and shall only be accepted through
ELECTRONIC MAIL addressed to Linda
Richardson, Email:
linda_richardson@ios.doi.gov.
ALL QUESTIONS AND/OR CLARIFICATIONS IS
Continued...
1 33
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
140P4526Q0027
DUE ON SEPTEMBER 8, 2026 AT 12:00 PM (ET).
This requirement is a TOTAL SMALL BUSINESS
SET-ASIDE. Offers received from concerns that are not SMALL BUSINESS concerns shall be considered nonresponsive and will be rejected.
The North Atlantic Industry Classification
System (NAICS) Code for this requirement is
336120 Heavy Duty Trucks Manufacturing with a corresponding Size Standard of 1,500 employees.
The Government intends to award a Single
Firm-Fixed price contract. The Government intends to make award to the responsible offeror whose quote conforms to the Request for
Quotation (RFQ) and is most advantages to the
Government, Prior experience/Past Performance, Conformance Specifications, and Cost or Price considered.
See the Statement of Work, Product
Specifications, Terms and Conditions, and all other attachments to this RFQ for more information and requirements.
00010 1 EAHEAVY DUTY DUMP TRUCK
Product/Service Code: 3805
Product/Service Description: EARTH MOVING AND
EXCAVATING EQUIPMENT
140P4526Q0027 MORR Heavy Duty Dump Truck POC: Linda Richardson, Contract Specialist, Email: linda_richardson@ios.doi.gov
Solicitation and Award Information General Information This document serves as a Combined Synopsis/Solicitation for commercial products and/or services, prepared in compliance with Federal Acquisition Regulations (FAR) Subpart 12.6. Supplementary information is included with this notice. The National Park Service intends to award a firm fixed price contract based on this combined synopsis/solicitation. This announcement is the only solicitation and is issued as Request for Quotation (RFQ) 140P4526Q0027. A written solicitation will not be provided. FAR clauses and provisions relevant to this RFQ are current as of Federal Acquisition Circular (FAC) 2026-01, dated 03/13/2026, and can be accessed online at http://www.acquisition.gov/far/.
Point of Contact
CONTRACT ADMINISTRATION DATA:
Contract Administration Contracting Officer (CO) responsible for this order:
Roselyn Sessoms Office of Acquisition and Property Management Office of the Assistant Secretary-Policy Management and Budget U.S. Department of the Interior Email: Roselyn_sessoms@ios.doi.gov
Contract Administrator (CA) responsible for administering this order:
Contract Specialist responsible for this order:
Linda Richardson Office of Acquisition and Property Management Office of the Assistant Secretary-Policy Management and Budget U.S. Department of the Interior Email: linda_richardson@ios.doi.gov
Contracting Officer’s Representative (COR) (technical)
Timothy Stauffer – timothy_stauffer@nps.gov, (973) 736-050 ext. 12 (office), (973) 666-1580 (mobile)
Acquisition Support The acquisition is in support of Morristown National Historical Park, Morristown, NJ
This is a 100% Total Small Business Set-Aside; the North American Industry Classification System (NAICS) code is 336120 – Heavy Duty Truck Manufacturing. The small business size is 1,500 employees.
mailto:linda_richardson@ios.doi.gov
Award Selection Process
Award will be made in accordance with FAR 13 to the offeror that provides the lowest price offer that meets the technical specifications and prior experience.
1. Technical Capability:
Technical Factor 1: Offerors are required to submit a comprehensive list of materials and product specifications to confirm that the proposed products meet the requirements detailed in the Scope of Work.
Technical Factor 2: Offerors must demonstrate their ability to adhere to the delivery schedule, ensuring delivery within 365 days after award.
The Government shall evaluate the responses to Technical Factors 1 and 2 to ensure the Offer meets the required specifications and delivery.
2. Past Performance:
Offerors must provide at least two recent and relevant projects, completed within the past five years. For each project, the following details are required:
• Customer Point of Contact, including a verifiable telephone number and email address
• Customer Name and Address
• Customer Telephone Number and Email Address (verifiable)
• Brief description of the project, illustrating similar scope and complexity to this project
• Dates when the work was performed
3. Price:
Offerors must submit a Firm-Fixed Price (FFP) proposal by completing the Price Schedule as outlined in the Instructions to Offerors.
a. Offeror’s price quote will not be point scored or adjectively scored but will be evaluated on price reasonableness. The price quote will also be used as an aid to determine that the Offeror understands the requirements of the solicitation, price reasonableness and to assess the validity of the offeror’s approach to managing and performing the work.
b. The offeror shall submit a price quote separate from all other volumes; any pricing information found in the technical or past performance volumes will be removed prior to evaluation.
c. The Government will evaluate the price quote for reasonableness. The Government will also evaluate prices with regard to the ability of the offeror to meet requirements in terms of skills required, complexity of disciplines and job difficulty, if the Government deems such analysis necessary.
4. All interested parties must be registered in the System for Award Management (SAM.gov) at the time of quotation and offer submission.
5. Late Offerors will not be accepted.
6. Restrictive Offers will not be accepted.
7. Quotes must be good for 60 days after submission.
INSTRUCTION TO OFFERORS:
Quotes/Offers must be in accordance with and in the order detailed in this section. Failure to submit quotes/offers according to the instructions provided within the solicitation may result in the respondent’s quote not being considered for award.
All interested parties shall be registered in the System for Award Management (SAM.gov) at time an offer or quotation is submitted.
The offerors shall submit a quote/offer to the Contract Specialist via email to linda_richardson@ios.doi.gov.
Offerors shall submit the following information in its entirety:
a) Checklist for quote submittal:
• This page of solicitation is completed as the first page in the package
• Signed acknowledgement of SF18
• All amendments acknowledged using one of the methods set forth in Box 11 of the SF-
30, if applicable.
• Technical Factor 1: Complete the attached Technical Questionnaire (Offerors shall provide a detailed list of material and product specifications to determine if the offered products meet the specifications described in the attached Scope of Work)
• Technical Factor 2: Complete attached Past Performance form.
PRICE SCHEDULE:
Item No. Description Quantity Unit Unit Price Total
00010
HEAVY DUTY DUMP TRUCK (to include delivery fees)
In accordance with the Statement of Work
1 EA $ $
All documents shall be submitted electronically to Linda Richardson, at linda_richardson@ios.doi.gov on or before September 15, 2026, at 2:00 pm EST. All questions must be submitted electronically to linda_richardson@ios.doi.gov by September 8, 2026, at 12:00 pm.
CONTRACTOR CORE DATA: (PLEASE COMPLETE)
Offerors Name: _______________________________________________ Offerors Address: ______________________________________________ Offerors Unique Entity Identifier (UEI):_____________________________ Offerors POC: _________________________________________________ Offerors Phone/email: ___________________________________________ mailto:linda_richardson@ios.doi.gov
Scope of Work
New Maintenance Dump Truck for MORR NHP Project Title: Procurement of Heavy-Duty Dump Truck
1. Objective
The purpose of this procurement is to secure one (1) new heavy-duty, four-wheel drive dump truck, engineered for commercial-grade performance, to support maintenance operations at Morristown National Historical Park. This vehicle will facilitate material transport, snow removal, and equipment towing, ensuring durability and fulfillment of operational requirements.
2. Deliverables
• One (1) new heavy-duty dump truck conforming to the technical specifications outlined below
• Delivery to the Morristown National Historical Park maintenance facility
• Comprehensive documentation, including owner’s manual, warranty information, and maintenance schedule
• Initial inspection and formal acceptance by MORR NHP Maintenance Division
3. Technical Specifications
Engine & Powertrain:
• 6.7L 4V OHV Power Stroke V8 Turbo Diesel
• Engine block heater
• Limited slip differential with 4.30 axle ratio
• Electronic four-wheel drive
• Dual rear wheel configuration
Electrical & Battery:
• Dual 78 AH batteries
• 410-amp dual alternators (250 amp + 160 amp)
Towing & Hauling:
• 9' stainless steel Mason dump body
• High-capacity trailer tow package
• GVWR: 16,500 lb. payload package
• Trailer plug
• 2" ball and pintle hitch with protective plate for gas tank
• Aluminum toolbox mounted under dump body
• Coal chute installed in rear tailgate (center position)
Snow & Protection:
• Snowplow preparation package
• Skid plate package (recommended for underbody protection)
• Vehicle undercoating
Safety & Convenience:
• Rear view camera and preparation kit
• Platform running boards
• 120V/400W outlet
4. Additional Requirements
• Vehicle must be new (not refurbished) and comply with EPA emissions standards applicable in New Jersey
• Adherence to all federal and state safety regulations
• Vendor must provide delivery timeline and warranty terms
• Continental Exclusionary HD Truck Wrap Extended Warranty: Six years/100K miles with zero deductible
5. Acceptance Criteria
• Vehicle inspected upon delivery for conformity with specified requirements
• All listed features verified as operational
• Operational overview provided by vendor or dealership
• Documentation reviewed for completeness and accuracy
6. Delivery Location
• Morristown National Historical Park Attention: Timothy Stauffer, Facilities Manager 30 Washington Pl.
Morristown, NJ 07960
7. Period of Performance
• Deliver 280-365 days after receipt of order (ARO)
TERMS AND CONDITIONS
CONTRACT ADMINISTRATION DATA
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING
PLATFORM (IPP.GOV) (MAR 2026)
Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).
Payment request means any request for contract financing payment or invoice payment by the Contractor.
To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:
https//www. ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice]
1. An approved (COR certified) copy of each invoice must be attached in IPP.
2. Each invoice must include the Contract award number, Period of Performance and/or delivery date, Contractor name and address, Invoice number, Dollar value, Unit of Issue (as applicable), description of product/services completed and/or items received, and other documents required per the contract.
3. If an IPP invoice is submitted without the attached invoice, the IPP submission will be rejected, and the contractor will be required to re-submit said invoice.
4. Submit a courtesy copy of the invoice and attachments to Linda Richardson at linda_richardson@ios. doi. gov.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of S t. Louis (FRBSTL) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury. gov or phone (866) 973 -3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause) http://www/
1452.228-70, DOI Liability Insurance
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amount of insurance shall be not less than as follows:
• Workman’s Compensation and Employer Liability Insurance: Compliance with applicable Federal and State Worker’s Compensation and Occupational Disease Statues shall be required. Employer liability coverage in the minimum amount of $100,000.
• General/Professional Liability Insurance: Bodily injury liability insurance minimum amount of $1,000,000 per occurrence.
• Automobile Liability Insurance: This insurance shall be required on the comprehensive form of the policy and shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. The minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage shall be required.
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy copy of an acceptable insurance certificate prior to beginning the work.
SPECIAL CONTRACT REQUIREMENTS
1452.201-70 Authorities and Delegations (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.
The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph
(e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of clause)
1452.203 -70 Restrictions on Endorsements.
Restriction on Endorsements—Department of the Interior (JUL 1996)
The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.
(End of clause)
CLAUSES SECTION
FAR 52.252-2 Clauses Incorporated by Reference FEB 1998
In accordance with FAR 52.252-2, this solicitation 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 full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/
The FAR Part 12 clauses are in accordance with the Revolutionary FAR Overhaul (RFO) Class Deviation for Part 12 and can be found: FAR Overhaul – Part 12 / Acquisition GOV
CLAUSE TITLE DATE
52.202-1 Definitions JUN 2020 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020
52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020
52.203-17 Contractor Employee Whistleblower Rights NOV 2023
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017
52.204-13 System for Award Management Maintenance NOV 2025 52.204-19 Incorporation by Reference of Representative DEC 2014 52.-204-91 Contractor Identification NOV 2025
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Deviation)
MAR 2026
52.209-10 Prohibition on Contracting with Inverted Domestic (Deviation) MAR 2026
52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services NOV 2025
52.219-6 Notice of Total Small Business Set-Aside (Deviation) NOV 2025 52.219-8 Utilization of Small Business Concerns (Deviation) JAN 2026 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor-Cooperation with Authorities and Remedies MAR 2026 52.222-36 Equal Opportunity for Workers with Disabilities JAN 2020 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2025
52.222-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024
52.232-33 Payment by Electronic Funds Transfer – System for Award Management OCT 2018 http://www.acquisition.gov/far/
52.232.40 Providing Accelerated Payments to Small Business
Subcontractors MAR 2023
52.242-15 Stop Work Order AUG 1989 52.243-1 Changes – Fixed Price JUN 2025 52.253-1 Computer Generated Forms (Deviation) NOV 2025
FAR Clauses Included in Full Text
The following Federal Acquisition Regulation (FAR) clauses are included in full text. The Contractor shall comply with these clauses unless the circumstances do not apply.
52.222-90 Addressing DEI Discrimination by Federal Contractors
April 2026 Deviation APR
(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.
(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, for which the place of delivery or performance is in the United States.
52.240-91 Security Prohibitions and Exclusions Deviation Nov 2025
As prescribed in 40.205(b), insert the following clause:
Security Prohibitions and Exclusions (Nov 2025)
(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— https://www.sam.gov/
(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.
https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://www.trade.gov/consolidated-screening-list
(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.
https://www.sam.gov/
(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…
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