Sol_140P5426Q0039.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)

C/O SANDY POINT NWR, FEDERAL BUILDI

3013 ESTATE GOLDEN ROCK, SUITE 167

NPS, SER - South MABO

40001 SR 9336

Homestead FL 33034

0044047280140P5426Q0039

Noelli Medina

819-0940

FWS BUCK ISLAND NWR

00820-4226

08/29/2026

09/08/2026 1200 ED

09/20/2027

CHRISTIANSTED

VI

Comfort Station Pumping

Period of Performance: 09/21/2026 to

09/20/2027

00010 Comfort Station Pumping

Product/Service Code: S205

Product/Service Description:

HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Delivery: 09/20/2027

1 1

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140P5426Q0039

PAGE OF

SOLICITATION INFORMATION

Requirement: Pumping and Cleaning of Comfort Stations and Portable Restroom Units - Christiansted National Historic Site, St. Croix, U.S. Virgin Islands

Acquisition: Commercial Services | 100% Total Small Business Set-Aside | NAICS 562991 - Septic Tank and Related Services | PSC S205 - Trash/Garbage Collection Services, Including Portable Sanitation Services Site Visit: No Government-sponsored site visit will be offered.

Quotation Due Date/Time: Tuesday, September 8, 2026, at 12:00 P.M. Atlantic Time (AT) with subject line: Offer 140P5426Q0039.

Questions Due: Wednesday, September 2, 2026, at 5:00 P.M. Atlantic Time (AT). Questions shall be submitted in writing to the Contracting Officer with subject line: Questions 140P5426Q0039.

Contracting Officer: Noelli Medina Email: noelli_medinamarin@ios.doi.gov

PRICE SCHEDULE

19.

ITEM NO.

20.

SCHEDULE OF SERVICES

21.

QTY

22.

UNIT OF

MEASURE

23.

UNIT PRICE

24.

TOTAL

Firm-Fixed Unit Price / Estimated Quantity Schedule 00010 Sion Farm Warehouse - Routine Full Service. Pump and remove waste; clean and sanitize the portable comfort station; add/replace biocide/deodorizer as needed; restock toilet paper; leave unit clean, sanitary, and ready for use. Unit price includes hauling and lawful disposal/dumping.

52 EST Service $________ $________

00020 Guinea Company Warehouse (GCW) Courtyard - Routine Pump- Only Service for the restroom trailer holding tank(s). Scheduled Tuesday service shall be completed before 12:00 p.m. Unit price includes hauling and lawful disposal/dumping. Interior cleaning, consumables, and deodorizer are Government-performed/furnished.

52 EST Service $________ $________

00030 Sion Farm Government Housing - Septic Tank Pump-Out, per tank, as requested (three tanks; usually annually). Unit price includes all pumping, hauling, and lawful disposal/dumping.

3 EST Tank $________ $________

00040 Coastal Studies Outpost (CSO) - Standard On-Call Pump-Only Service, when specifically requested by the CO or COR. Unit price includes mobilization, pumping, hauling, and lawful disposal/dumping. If full service is directed, the applicable full-service unit price under CLIN 00010 will be used.

1 EST Service $________ $________

00050 Emergency/Same-Day Full Service - Complete pumping, cleaning, sanitizing, deodorizer/biocide, consumable restocking, hauling, and lawful disposal/dumping at a covered park location when the Government specifically designates the request as emergency/same-day.

1 EST Service $________ $________

00060 Emergency/Same-Day Pump-Only Service - Pumping, hauling, and lawful disposal/dumping for a covered portable restroom/restroom trailer holding tank when the Government specifically designates the request as emergency/same-day.

1 EST Service $________ $________

00070 Emergency/Same-Day Septic Tank Pump-Out - Pumping, hauling, and lawful disposal/dumping, per septic tank, when the Government specifically designates the request as emergency/same-day.

1 EST Tank $________ $________

TOTAL EVALUATED PRICE $

mailto:noelli_medinamarin@ios.doi.gov

NOTE: This acquisition utilizes Revolutionary FAR Updates (RFO) FAR Part 12 for Acquisition of Commercial Products and Commercial Services and the simplified procedures authorized by the solicitation template.

Company Name: _________________________________________________________________

Company Representative Name and Position: _________________________________________

Email Address: ___________________________________________________________________

Phone Number: __________________________________________________________________

UEI:____________________________________________________________________________

This requirement is a 100% Total Small Business Set-Aside. NAICS: 562991 - Septic Tank and Related Services (size standard: $9.0 million). PSC: S205 - Trash/Garbage Collection Services - Including Portable Sanitation Services.

Pricing shall be firm-fixed unit pricing per service. All quoted unit prices shall include all labor, supervision, service trucks, pumping equipment, tools, materials, consumables where applicable, fuel, transportation, mobilization, wastewater hauling, lawful treatment/disposal, dumping/tipping fees, permits/licenses, insurance, overhead, profit, and all incidentals necessary to perform the service. No separate dumping or disposal charge will be paid. Estimated quantities shown for on-call and emergency CLINs are for evaluation purposes only and do not guarantee a minimum quantity.

Additional non-emergency services will be paid at the applicable routine/on-call unit price when authorized. Only services requested by the CO or COR and performed in accordance with the contract are payable.

DESCRIPTION / SPECIFICATIONS / REQUIREMENTS

PUMPING AND CLEANING OF COMFORT STATIONS AND PORTABLE RESTROOM UNITS - CHRISTIANSTED NATIONAL

HISTORIC SITE

REQUIREMENT

The National Park Service (NPS), Christiansted National Historic Site (CHRI), requires contractor services for routine and as-needed pumping, cleaning, and servicing of portable restroom, restroom trailer, and septic tank units at designated park operational areas on St. Croix, U.S. Virgin Islands.

STATEMENT OF WORK

Attachment 1 - Statement of Work, Pumping and Cleaning of Comfort Stations and Portable Restroom Units, Christiansted National Historic Site, is incorporated into this solicitation and establishes the complete technical performance requirements, service locations, service frequencies, spill-prevention requirements, safety requirements, and contractor responsibilities.

The Contractor shall furnish all labor, supervision, service trucks, pumping equipment, tools, vehicles, materials, personal protective equipment, cleaning/sanitation materials, consumables where required by the SOW, transportation, wastewater hauling, disposal services, and incidentals necessary for complete performance, except items specifically identified as Government-furnished or Government-performed.

All waste removed under this contract shall be transported and disposed of lawfully in accordance with applicable Federal, territorial, and local requirements. Dumping/tipping and disposal costs are included in the Contractor’s unit prices.

PACKAGING AND MARKING

PACKAGING AND MARKING REQUIREMENTS

Commercial handling practices are acceptable. The Contractor shall protect all sanitation materials, consumables, tools, and equipment during transport and performance. Wastewater and sanitation materials shall be contained and handled to prevent spills, leakage, overflow, staining, contamination, or damage to Government property.

INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE REQUIREMENTS

Inspection and acceptance will be performed by the Contracting Officer or designated Contracting Officer's Representative (COR). Acceptance requires completion of the applicable service in accordance with the SOW; lawful removal and disposal of waste; no unresolved spills or damage; and, as applicable, the unit being left clean, sanitized, stocked, and ready for use. Routine GCW service shall be completed before 12:00 p.m. on the scheduled service day.

DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

Base Period of Performance: Twelve (12) months from the date established in the resulting award.

PLACE OF PERFORMANCE

Christiansted National Historic Site, St. Croix, U.S. Virgin Islands, including Sion Farm Warehouse, Sion Farm Government Housing, Guinea Company Warehouse (GCW) Courtyard, Coastal Studies Outpost (CSO), and other activated support locations expressly covered by the Statement of Work.

PERFORMANCE REQUIREMENTS

Routine service for the Sion Farm Warehouse unit and GCW restroom trailer shall be performed once per week on Tuesday unless otherwise directed by the Government. GCW routine service shall be completed before 12:00 p.m.

Additional, on-call, and emergency/same-day services shall be performed only when requested by the CO or COR in accordance with the SOW and this solicitation.

CONTRACT ADMINISTRATION

CONTRACTING OFFICER

The Contracting Officer (CO) is the only individual authorized to bind the Government, change the terms or conditions of the contract, authorize work outside the scope, or modify the price or period of performance. Contracting Officer contact information will be identified on the solicitation/award document.

CONTRACTING OFFICER'S REPRESENTATIVE

A COR will be designated in writing after award. The COR will provide technical oversight, inspect performance, coordinate access and field activities, and recommend acceptance. The COR is not authorized to change contract terms, direct out-of-scope work, or obligate additional funds.

ELECTRONIC INVOICING

Invoices shall be submitted electronically through the U.S. Department of the Treasury Invoice Processing Platform (IPP) in accordance with the applicable contract clauses and Government invoice-approval procedures. Invoices shall identify the contract number, CLIN(s), quantity of accepted services performed, service dates, and amount requested.

CONTRACT CORRESPONDENCE

All contractual notices, requests for changes, requests for equitable adjustment, and matters affecting price, scope, service frequency, disposal location/fees, or schedule shall be submitted to the CO in writing, with the COR copied as appropriate. Technical coordination with the COR does not constitute authorization to change the contract.

SPECIAL CONTRACT REQUIREMENTS

SERVICE AUTHORIZATION AND SCHEDULE CHANGES

Routine weekly services shall be performed in accordance with the SOW. Additional, on-call, and emergency/same-day services may be requested only by the CO or COR. The Government may adjust service locations or frequency as provided by the SOW; any change affecting contract price, scope, or obligated funds requires written authorization by the Contracting Officer.

WASTEWATER DISPOSAL / DUMPING COSTS

All pumping service prices include wastewater hauling and all lawful disposal, dumping, tipping, treatment, and related fees. If the Contractor proposes a change in disposal facility or requests consideration of a price impact caused by a documented change in Governmental/territorial or disposal-facility dumping, tipping, or treatment fees after award, the Contractor shall submit written evidence to both the COR and CO before the revised cost is incurred when practicable.

The COR may review and validate the supporting information; only the Contracting Officer may approve any contract price adjustment through a written modification. No verbal approval or COR direction authorizes a price increase.

EMERGENCY / SAME-DAY SERVICE

For this solicitation, an Emergency/Same-Day Service is an unscheduled service specifically designated by the CO or COR as requiring same-day response because of an actual or imminent overflow, leakage or spill, loss of usable restroom capacity, sanitation or public-health concern, unusually high visitor or program use, a special event or occupancy condition, or another urgent operational need that cannot reasonably wait until the next routine service day. The emergency unit prices in the Price Schedule shall apply only when the Government specifically designates the service request as emergency/same-day.

SAFETY, SPILL PREVENTION, AND SERVICE CAPABILITY

The Contractor shall comply with all spill-prevention, cleanup, safety, sanitation, wastewater-handling, and property-protection requirements in Attachment 1. The Contractor shall maintain service vehicles, pumping equipment, trained personnel, and backup capability sufficient to perform the routine schedule and reasonably anticipated additional or emergency/same-day service requests.

CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR - Acquisition.GOV | www.acquisition.gov (Deviation) - RFO FAR - Revolutionary FAR Overhaul | Acquisition.GOV

Table 12-3 – Clauses to include as Prescribed

52.203-6 Restrictions on Subcontractor Sales to the Government. JUN 2020 52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or JAN 2017 Statements 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Deviation) MAY 2026 52.204-13 System for Award Management – Maintenance (Deviation) MAR 2026 52.209-6 Protecting the Government’s Interest When Subcontracting With Contractors MAY 2026 Debarred, Suspended, or Proposed for Debarment (Deviation) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Deviation) MAY 2026 52.219-6 Notice of Total Small Business Set-Aside (Deviation) JAN 2026 52.219-8 Utilization of Small Business Concerns (Deviation) JAN 2026 52.219-28 Postaward Small Business Program Rerepresentation (Deviation) JAN 2026 https://www.acquisition.gov/far-overhaul

52.222-3 Convict Labor (Deviation) MAY 2026 52.222-36 Equal Opportunity for Workers with Disabilities (Deviation) MAY 2026 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Deviation) MAY 2026 52.222-41 Service Contract Labor Standards (Deviation) MAY 2026 52.222-42 Statement of Equivalent Rates for Federal Hires MAY 2014 52.222-50 Combating Trafficking in Persons (Deviation) MAY 2026 52.222-54 Employment Eligibility Verification (Deviation) MAY 2026 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Deviation) MAY 2026 52.222-62 Paid Sick Leave Under Executive Order 13706 (Deviation) MAY 2026 52.222-90 Addressing DEI Discrimination by Federal Contractors (Deviation) MAY 2026 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Deviation) MAY 2026 52.223-23 Sustainable Products (Deviation) MAY 2026 52.225-1 Buy American-Supplies OCT 2025 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act NOV 2023 52.225-5 Trade Agreements NOV 2023 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024 52.229-12 Tax on Certain Foreign Procurements (Deviation) SEP 2025 52.232-33 Payment by Electronic Funds Transfer - System for Award Management OCT 2018 52.232-40 Providing Accelerated Payment 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 52.245-1 Government Property SEP 2021

RFO FAR - 52.212-4 - TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION MAR 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changed in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

RFO FAR – 52.240-91 - Security Prohibitions and Exclusions (DEVIATION MAR 2026)

(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 https://www.sam.gov/

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201- 1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition.

This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal

Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act— covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.

(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.

(1) Certain telecommunications and video surveillance equipment, systems, or services.

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).

(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—

(A) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or

(B) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the

Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.

(B) For more information about these restrictions, as well as updates, see OFAC’s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.

(C) To conduct electronic screens of potential parties to regulated transactions, see the consolidated screening list at https://www.trade.gov/consolidated-screening-list, which consolidates multiple export screening lists of the Departments of Commerce, State, and the Treasury.

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

(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…