Sol_140R1026Q0008.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

140R1026Q0008

See Schedule See Schedule

Bureau of Reclamation Pacific Northwest Region Regional Office Acquisition Management Division 1150 N. Curtis Road, Ste. 100 Boise ID 83706-1234

08/28/2026 1700 MD

0044043309

Michael Garloch 2083785258

R10 100.00

R10

Paula Gross

541380

$19

08/17/2026

0011285551

ADMINISTERED BY:

Bureau of Reclamation

Pacific Northwest Region

Regional Office

Acquisition Management Division

1150 N. Curtis Road, Ste. 100

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

Boise ID 83706-1234 US

DELIVER TO:

Bureau of Reclamation-PN-CCAO

Columbia Cascades Area Office

1917 Marsh Road

Yakima WA 98901-2058 US

Delivery: 12/31/2027

Period of Performance: 01/01/2027 to

12/31/2031

00010 Base Year: Group A and Group B Well Analysis -

As Per the Performance Work Statement

Period of Performance: 01/01/2027 to

12/31/2027

00020 Option Year #1: Group A and Group B Well

Analysis - As Per the Performance Work

Statement

(Option Line Item)

Anticipated Exercise Date 12/30/2027

Period of Performance: 01/01/2028 to

12/31/2028

00030 Option Year #2: Group A and Group B Well

Analysis - As Per the Performance Work

Statement

(Option Line Item)

Anticipated Exercise Date 12/30/2028

Period of Performance: 01/01/2029 to

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140R1026Q0008

12/31/2029

00040 Option Year #3: Group A and Group B Well

Analysis - As Per the Performance Work

Statement

(Option Line Item)

Anticipated Exercise Date 12/30/2029

Period of Performance: 01/01/2030 to

12/31/2030

00050 Option Year #4: Group A and Group B Well

Analysis - As Per the Performance Work

Statement

(Option Line Item)

Anticipated Exercise Date 12/30/2030

Period of Performance: 01/01/2031 to

12/31/2031

Wage Determination No. 2015-5543, Revision No.

28, dated 05/13/2026, may form a part of any award resulting from this solicitation.

If FAR 52.217-8 is exercised, the prices for the Option to Extend Service's term will be calculated based on the prorated term and prices that are in effect at the time the option is exercised.

Yakima Field Office (YFO)

Performance Work Statement

Drinking and Non-Potable Water Wells Water Quality Analysis Services

1. GENERAL

1.1 Introduction

The Yakima Field Office (YFO) requires a contractor to perform chemical and biological analysis on water samples collected, by YFO personnel, from the YFO Drinking Water and Non-Potable Wells within the Yakima Basin. The samples will be delivered to the contracting laboratory as described further in this

Performance Work Statement (PWS). All sample analysis shall be accomplished in accordance with the

Washington State Department of Health (DOH) Drinking Water standards established and regulated under Chapter 246-290 Washington Advisory Code (WAC): Group A Public Water Supplies and Chapter

246-291 WAC: Group B Public Water Systems and shall also comply with associated ASTM, EPA, and

USGS standard laboratory methods and procedures. The schedule associated with the monitoring of the wells, which is provided by the DOH, necessitates a base year contract with 4 optional years.

The objective of this contract is for the Contractor to accomplish and submit accurate, valid, and timely data results as described herein, to the YFO Bureau of Reclamation and Washington State Department of

Health (DOH), on behalf of the YFO.

The Contractor shall furnish the personnel, equipment, materials, sample containers, disposal services, database management, and transportation necessary to perform analysis of Drinking Water and

Non‑Potable Water samples provided by the Bureau of Reclamation. The Contractor shall provide written analytical results to the designated points of contact in a timely manner.

Note: Contractor will maintain on their server or database an account of all present and historical sample data sets relating to the analysis of the YFO Drinking Water and Non-Potable wells, as a backup to the data provided to DOH and YFO/CCAO. The sample data is to be available on this database for the duration of the contract and until such time that DOH considers the data obsolete and outdated, at which time Reclamation will have the option to move the data to one of their servers or databases. Historical data is used to perform trend analysis to determine impacts to the health of the drinking water being supplied to the staff at YFO and CCAO, by YFO.

1.2. Period of Performance

The Government anticipates awarding a firm fixed-price contract for Drinking Water and Non-Potable

Wells sample analysis for up to a five (5) year Period of Performance (POP) as follows:

Year 1: January 1, 2027 – December 31, 2027

Year 2: January 1, 2028 – December 31, 2028

Year 3: January 1, 2029 – December 31, 2029

Year 4: January 1, 2030 – December 31, 2030

Year 5: January 1, 2031 – December 31, 2031

1.3 Location

Services shall be performed at the Contractor’s facility, which shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

1.4 Government Personnel

The Contracting Officer is the individual executing this contract on behalf of the Government and is responsible for the overall administration of the contract. He/she is the only person authorized to make any changes in the prices, terms or other conditions of the contract.

The Government shall assign a Contracting Officer Representative (COR) to assist the Contracting

Officer (CO) in overseeing the contract and to serve as the local point of contact for YFO. The COR shall monitor contractor performance and shall ensure proper government surveillance of the contractors’ performance is being followed. The Contracting Officer’s Representative (COR) is responsible for giving the Contractor any special technical instructions or guidance necessary to ensure contract execution.

COR has no authority to alter the terms of conditions of the contract.

The Technical Representatives/Points of Contact (TR/POC) may also give the Contractor special technical direction/guidance necessary to complete the work; however, they have no authority to alter the terms and/or conditions of the contract.

A YFO staff member will acquire the well samples and deliver them to the Contractor’s location of business. To reiterate, they too will have no authority to alter the terms and/or conditions of the contract.

1.5 Contractor Personnel

The Contractor shall provide fully qualified staff to perform and certify analytical testing of Group A and

Group B Public Water Supply or Source Well samples, including potable and non‑potable water, as required by this PWS.

1.6 Compliance with Regulations

In performing the work required for this Contract, the Contractor shall comply with all applicable Federal, State and local laws and regulations for transport, cleanup, and disposal of any type of waste generated as a result of the analytical analysis being carried out. The Contractor shall comply with all applicable

Washington State Department of Health Drinking Water standards and regulations as well as ASTM, EPA, and USGS standard laboratory methods and procedures (accompanying documentation). The

Contractor shall have an active laboratory accreditation with the Washington State Department of

Ecology for all instrumentation used to perform the chemical and biological analysis referenced in this

PWS.

2. PERFORMANCE REQUIREMENTS

The Contractor shall perform all services hereunder in compliance with all accepted industry standards, guidelines, and practices.

2.1 Performance Standards. The Performance Requirements Summary (PRS) on page 5 has a performance objective with associated performance standards that will be monitored and inspected by

Government personnel. This performance objective represents a critical function as identified by the

Government at the time of contract award. The performance standard represents the minimum acceptable level of Contractor performance. The performance objective and standard represent only the critical components of this Contract and does not excuse the Contractor from performance of other responsibilities identified in the PWS. All services described in this PWS are subject to inspection by the

Government.

3. SCOPE OF SERVICES

3.1 General

Analysis shall be performed in accordance with the Washington State Department of Health Drinking

Water standards established and regulated under Chapter 246-290 Washington Advisory Code (WAC):

Group A Public Water Supplies and Chapter 246-291 WAC: Group B Public Water Systems and shall also comply with associated ASTM, EPA, and USGS standard laboratory methods and procedures.

Contractor shall perform drinking water analysis as specified by each Chain of Custody provided with the samples, which will contain the DOH Monitoring and Analysis Schedule for the YFO Drinking Water and Non-Potable Water wells.

3.2 Sample Analysis:

Task 1: The Contractor shall perform all scheduled analysis services per the narrative provided by the

DOH, either monthly, quarterly, annually, or as otherwise directed. The samples will need to be acquired and delivered to the Contracting Laboratory soon after collection, which should be completed during the

Contractor’s normal operating business hours.

Source Monitoring

➢ Reclamation will collect 'source' monitoring samples from a tap after all treatment (if any), but before entering the distribution system and deliver the samples to the Contract Laboratory.

➢ Washington State grants monitoring waivers for various test panels/suite of analytes. Please note that DOH may require some monitoring as a condition of some waivers. DOH has granted complete waivers for dioxin, endothal, glyphosate, diquat, and insecticides.

➢ Nitrate, arsenic, iron, and other individual inorganics are included as part of a Complete Inorganic

(IOC) analysis when it is collected.

➢ Complete Inorganic (IOC)

➢ Volatile Organics (VOC)

➢ Herbicides

➢ Pesticides

➢ PFAS

➢ Soil Fumigants

➢ Nitrate

➢ Bacteria-Fecal and E-coli

➢ Standard Analytical Methods and Procedures for the various drinking water constituents can be acquired from the Washington State Department of Health, for the Bureau of

Reclamations Yakima Field Office Water System #07406. The following link provides regulations and guidance for public wells, and the minimum analytical requirements.

Office of Drinking Water Rules | Washington State Department of Health https://doh.wa.gov/community-and-environment/drinking-water/regulation-and-compliance/rules

Table 1: YFO Drinking Water Monitoring Schedule (1/1/2027 – 12/31/2031)

Parameter/ Constituent

Total #

Samples

Required Frequency Sample Dates

Data Results

Received By

Complete Inorganic (IOC) 1 9 years June 2028 30-days

Asbestos 1 9 years June 2027 30-days

Volatile Organics (VOC) 1 6 years October 2030 30-days

Lead/Cu (5 samples) 10 3 years

June 2027

June 2030 30-days

Soil Fumigants 2 3 years

June 2027

June 2030 30-days

Nitrate 10 Annually Annually 30-days

Bacteria-Fecal Coliform and

E-coli 30 Annually Annually 5-days

PFAS 20 Quarterly Quarterly 30-days

Bacteria-Fecal Coliform and

E-coli 60 Monthly Monthly 5-days

The Contractor shall supply as described below analytical analysis data results reports, and shall maintain the results in their database.

Analytical Analysis Procedures and Reports

• All sample analysis shall be accomplished in accordance with the Washington State Department of Health Drinking Water standards established and regulated under Chapter 246-290

Washington Advisory Code (WAC): Group A Public Water Supplies and Chapter 246-291 WAC:

Group B Public Water Systems and shall also comply with associated ASTM, EPA, and USGS standard laboratory methods and procedures.

• Contractors Chain of Custody will be provided for use by Reclamation, when executing sample collection.

• Sample bottles will be provided by the laboratory, for each type/class of sample needed to meet regulatory requirements, provided by the DOH.

• Contractor will provide accurate valid sample data results with quality control analysis, as discussed in the QAQC Plan Manual prepared and provided by the Contractor.

• Data results shall be received by YFO, CCAO, and DOH in a timely manner (reference

Monitoring Schedule Table below) pertaining to holding times and analysis for the various parameters/constituents included in the analysis schedule provided, to Reclamation, by DOH.

• YFO and or CCAO may require expedited analysis from time to time due to emergency circumstances, lost or contaminated samples, or the resulting concentration is non-compliant with associated standards discussed within this PWS. Results of expedited sample analysis shall be received by YFO and CCAO within a reasonably expedited timeframe (reference Monitoring

Schedule Table below) dependent upon the methods and procedural requirements of each parameter/constituent within the Contractor’s control upon receipt of the samples for analysis.

• Contractor will provide all test results (in PDF format), to YFO and CCAO via email, upon completion of sample analysis. (CCAO will provide a list of e-mail addresses for applicable personnel below.) Analytical results will be delivered by electronic means to individuals requesting the analysis (via their email address) and a courtesy copy to the COR and Contract

Specialist who manages the contract.

o Sample results provided to Gina Hoff ghoff@usbr.gov/(509)-573-8044, Jason Hennessy

JHennessy@usbr.gov/(509)-573-8143, and the DOH Office of Drinking Water

Monitoring Analysis; Andy Cervantes andres.cervantes@doh.wa.gov/509-329-2120 and

Natasha Boyde natasha.boyde@doh.wa.gov/ 564-233-9548.

4. SUBMITTALS

The Contractor shall provide active laboratory accreditation with the Washington State Department of

Ecology for all instrumentation used to perform the chemical and biological analyses referenced in this

Performance Work Statement (PWS).

The Contractor shall prepare a comprehensive Quality Assurance Quality Control (QAQC) Plan for

Reclamation’s approval before starting any work, and shall provide an updated, revised QAQC Plan annually for Reclamation’s approval.

The Contractor shall provide a sample of their current formatted Chain of Custody for Reclamation’s use, which will serve as legal documentation of field procedures.

5. PERFORMANCE REQUIREMENTS SUMMARY:

The purpose of the PRS is to communicate the Government’s quality expectations and the process to evaluate the Contractor’s performance.

Table 2: Performance Requirements Summary

PWS Reference

Requirement

Standard

Acceptable Quality

Level

Surveillance

Section 3.2, Task

The Contractor shall perform all scheduled analysis per the DOH narrative.

Contractor shall adhere to requirements listed in section 3.2 of the PWS and

Monitoring Schedule

Table as per

Washington State

Department of Health

Drinking Water standards

The Contractor shall provide analysis data results within 5 business days for drinking water samples and 30 days for all other samples.

COR

Assessment mailto:ghoff@usbr.gov/(509) mailto:JHennessy@usbr.gov mailto:andres.cervantes@doh.wa.gov/509-329-2120 mailto:natasha.boyde@doh.wa.gov

PRICE SCHEDULE:

Schedule for Base Year

January 1, 2027 to December 31, 2027

CLIN

Description

Quantity

U of I

Unit Cost

Total Cost

Bacteria-Fecal Coliform and E-coli

12 EA

0020 PFAS (YFO) 4 EA

0030 Nitrate (Chandler and YFO)

2 EA

0040 Bacteria-Fecal Coliform and E-coli (annual) 6 EA

0050 Lead/Cu (5 samples) (June 2027) 5 EA

0060 Asbestos (June 2027) 1 EA

0070 Soil Fumigants (June 2027) 1 EA

Schedule for Option Year One

January 1, 2028 to December 31, 2028

Bacteria-Fecal Coliform and E-coli

12 EA

PFAS (YFO)

4 EA

Nitrate (Chandler and YFO)

2 EA

0110 Bacteria-Fecal Coliform and E-coli (annual) 6 EA

0120 Complete Inorganic (IOC) (June 2028) 1 EA

Schedule for Option Year Two

January 1, 2029 to December 31, 2029

Bacteria-Fecal Coliform and E-coli

12 EA

PFAS (YFO)

4 EA

Nitrate (Chandler and YFO)

2 EA

Bacteria-Fecal Coliform and E-coli (annual)

6 EA

Schedule for Option Year Three

January 1, 2030 to December 31, 2030

Bacteria-Fecal Coliform and E-coli

12 EA

0180 PFAS (YFO)

4 EA

0190 Nitrate (Chandler and YFO) 2 EA $ $

0200 Bacteria-Fecal Coliform and E-coli (annual)

6 EA

0210 Volatile Organics (VOC) (October 2030) 1 EA

0220 Lead/Cu (5 samples) (June 30) 5 EA

0230 Soil Fumigants (June 30) 1 EA

Schedule for Option Year Four

January 1, 2031 to December 31, 2031

0240 Bacteria-Fecal Coliform and E-coli 12 EA

0250 PFAS (YFO)

4 EA

0260 Nitrate (Chandler and YFO) 2 EA

0270 Bacteria-Fecal Coliform and E-coli (annual) 6 EA

Total Costs

Base Year $

Option Year One $

Option Year Two $

Option Year Three $

Option Year Four $

Total Cost $

Clauses:

52.212-4 Terms and Conditions—Commercial Products and Commercial Services. (RFO Deviation MAR 2026)

---Addendum to 52.212-4---

52.252-6 Authorized Deviations in Clauses (NOV 2020)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

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):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far

Revolutionary FAR Overhaul (RFO): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

The following clauses are incorporated by reference:

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 (RFO Deviation MAR 2026)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (RFO Deviation MAY 2026).

52.219-6 Notice of Total Small Business Set-Aside (RFO Deviation JAN 2026).

52.222-3 Convict Labor (RFO Deviation May 2026).

52.222-41 Service Contract Labor Standards (RFO Deviation May 2026).

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple

Year and Option Contracts) (RFO Deviation May 2026).

52.222-50 Combating Trafficking in Persons (RFO Deviation May 2026).

52.222-62 Paid Sick Leave Under Executive Order 13706 (RFO Deviation May 2026).

52.222-90 Addressing DEI Discrimination by Federal Contractors (RFO Deviation May 2026).

52.223-23 Sustainable Products (RFO Deviation May 2026).

https://www.acquisition.gov/far https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/diar

52.225-13 Restrictions on Certain Foreign Purchases. (Feb 2021)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (RFO Deviation MAR

2026) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.244-6 Subcontracts for Commercial Products and Commercial Services (RFO Deviation May 2026).

The following clauses are in full text:

52.240-91 Security Prohibitions and Exclusions (RFO 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

(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-nationalsand-blocked-persons-list-sdn-human-readable-lists.

(B) For more information about these restrictions, as well as updates, see OFAC’s regulations at 31 CFR chapter

V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.

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

Departments of Commerce, State, and the Treasury.

(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-174).

(4) Iran prohibitions.

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran (section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C.

1701 note).

(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the President, and has an active exclusion in SAM

(22 U.S.C. 8515).

(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is subject to trade agreements and the offeror certifies that all the offered products are designated country end products or designated country construction material (see part 25).

(iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency

Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)).

(e) Governmentwide exclusion and removal orders.

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts, DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https:// www.sam.gov to locate applicable FASCSA orders.

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).

(f) Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that this clause prohibits.

(h) General report.

(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), that any product or service provided or used (or to be provided or used) during contract performance does not comply with any prohibition in this clause, then the Contractor shall report the following information, or as much information is known, in writing to the contracting office as identified in paragraph (h)(2) within 72 hours:

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

(ii) The specific prohibition the product or service is not complying with;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited

(include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the contractor would like the Government to consider a waiver, and asks for such a waiver);

(vii) Whether alternative products or services are available that would comply with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions implemented or recommended.

(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as follows:

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

(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

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

(4) The contractor shall also report the information in paragraph (h)(1) if the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification.

(i) New FASCSA orders report.

(1) During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (e) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(3) The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this clause if the

Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s). For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. The Contractor shall report the following information within 72 hours for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order:

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

(ii) Name of the covered article or source subject to a FASCSA order;

(iii) The specific FASCSA order the product or service does not comply with;

(iv) The elements of (h)(1)(iii) through (ix) of this clause.

(j) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (j) but excluding subparagraphs (d)(1) and (i)(1), in all subcontracts and other contractual instruments, including subcontracts for acquiring commercial products or commercial services.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of

Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 6 Months before contract expiration; provided that the Government gives the

Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (RFO Deviation May 2026).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR

Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were…