Sol_140R2026Q0024.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

140R2026Q0024

Bureau of Reclamation Bay Delta Area Office

See Schedule

Mid-Pacific Region Regional Office Division of Acquisition Services 2800 Cottage Way, Room E-1815 Sacramento CA 95825-1898

05/20/2026 1500 PD

Sherry Heibeck 9169786188

R20

R20

Sherry L. Heibeck

541690

$19

04/29/2026

ADMINISTERED BY:

Mid-Pacific Region

Regional Office

Division of Acquisition Services

2800 Cottage Way, Room E-1815

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,

Sacramento CA 95825-1898 US

PLEASE SEE COMBINED SYNOPSIS/ SOLICIATION BELOW

AND FILL OUT ATACHMENT 1 - PRICE SCHEDULE AND

ATTACHMENT 2 - SUNCONTRACTING PLAN IF

APPLICABLE

Period of Performance: 06/15/2026 to

06/14/2031

COMBINED SYNOPSIS/SOLICITATION

CalSim 3 Model Logic Development

Bay-Delta Office Sacramento, CA

Contracting Office:

Interior Region 10 · California-Great Basin

Acquisitions and Services Division Supply and Services Branch

Sacramento CA 95825

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12 and additional information included in this notice. The Bureau of Reclamation intends to award a Labor-Hour Purchase Order for services represented in the Performance Work Statement. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026- 01, as of 03/13/2026.

This requirement is being solicited as a full and open competition and will be awarded using comparative evaluation in accordance with FAR Part 12.

GENERAL INFORMATION

RFQ Number: 140R2026Q0024

Request for Quotation (RFQ) Request for Proposal

(RFP) Invitation for Bid

(IFB)

North American Industry Classification Code

(NAICS):

541690 Size Standard: $19.0M

Quotes are due no later than 3:00pm PDT on Wednesday, May 20, 2026

Quotes shall be emailed to Sherry Heibeck at sherry_heibeck@ios.doi.gov. Receipt of all quotes will be acknowledged. If you do not receive and acknowledgement, you should assume that your quote has not been received and you should contact the Contract Specialist listed above.

Quoters must be registered in System for Award Management (www.SAM.gov) by the closing date of the solicitation in order to be considered for award. SAM is an official website of the U.S Government and there is no cost to register in SAM.

Business Name: ______________________________________________________________________

Business Address: ____________________________________________________________________

Agency Point of Contact: _______________________________________________________________

POC Phone No. & Email: ______________________________________________________________

SAM UEID/Cage Code: _______________________________________________________________

Business Size (select one): __Small (SB) __Women-Owned SB __Service-Disabled Veteran SB

__ Veteran Own SB __ Small Disadvantaged Business __HUBZone __8(a) __ Other than Small

QUOTER’S BUSINESS INFORMATION/ PRICING SCHEDULE

PRICING SCHEDULE

mailto:sherry_heibeck@ios.doi.gov http://www.sam.gov/

1. Refer to Attachment 1 – Price Schedule

2. Vendor shall provide fully burdened labor rates for labor category

3. The quantities in the price schedule will be used for price evaluation purposes only

Be sure to read FAR 52.212-1, Instructions to Offerors, and FAR 52.212-2, Evaluation Factors. If guidelines are not followed as set forth in 52.212-1 your quote could be considered non-responsive.

PERFORMANCE WORK STATEMENT

CalSim Model Development and Operations Analysis

1.0 SCOPE

1.1 Objective

The objective of this contract is to acquire contractor services to support improvements to operational assumptions within the CalSim model and support the Bureau of Reclamation (Reclamation) in related operations analysis; focusing on allocation, export, rescheduling, model efficiency, Cooperating Operations Agreement (COA) considerations, and Millerton operations logic.

1.2 Background

Reclamation and the California Department of Water Resources (DWR) have a collaboratively developed version of the California Simulation (CalSim) model of the Central Valley Project (CVP) and the State Water Project (SWP) operations, known as CalSim. CalSim simulates monthly operations for the CVP, SWP, and local agencies within the Sacramento and San Joaquin Valleys, and it is the central model for long-term planning for the Bay- Delta watershed system which is a vital water source for municipal, agricultural, and environmental purposes. By modeling hypothetical operations, CalSim provides information on the impaired hydrology of the system, a necessary component for analyzing proposed changes to operations, regulations, infrastructure or to determine the effects of weather variability. Outputs are used in various secondary modeling which includes models for power generation, temperature, water quality, and the effects on the biological resources reliant on the Bay-Delta system.

CalSim logic has constantly been developing from the first release of benchmark studies in 2002 through the present. New and/or improved capabilities in modeling physical and operational aspects of CVP/SWP management have been developed, as time and budgets have allowed, and as growing the application spectrum has highlighted issues to address. Efforts have included incorporation of an ANN for delta water quality, updates to Colusa Basin demand representation, conveyance facilities, and connectivity to enable implementation of Sites Reservoir, daily disaggregation of Sacramento River flows to better simulate Fremont Weir spills and gated structures, and ongoing work to craft logic as regulatory criteria is tested, implemented, and modified via multiple processes. The modeling needs, available expertise, and technology is continually evolving, and Reclamation is in need of additional support to respond to rapid changes in internal priorities and the regulatory environment in a timely manner while continuing to improve the capabilities and accuracy of CalSim.

2.0 CONTRACT DETAILS

2.1 Type of Contract

Labor Hour Service Contract

2.2 Period of Performance

This contract shall be for a Base Year and 4 Option Years. The Option Years will be exercised based on the performance of the Contractor and the existing need for the services by the Government. The period of performance will be as follows:

Base Year: June 15, 2026 – June 14, 2027 Option Year 1: June 15, 2027 – June 14, 2028 Option Year 2: June 15, 2028 – June 14, 2029 Option Year 3: June 15, 2029 – June 14, 2030 Option Year 4: June 15, 2030 – June 14, 2031

2.3 Recognized Holidays:

The Federal Government recognized Holidays are as follows:

New Year’s Day Labor Day Birthday of Martin Luther King Jr. Columbus Day Washington’s Birthday Veterans Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

2.4 Place of Performance

The work to be performed under this contract shall be performed at the Contractor’s facility and other places appropriate for meetings.

3.0 TASKS

The contractor shall perform the following tasks:

1. Project Management, Meetings, and Coordination

2. Support Ongoing Needs for CalSim Model Development

3. Support Operations and Modeling Staff on an as needed basis

4. Data Management and Documentation

3.1 Project Management, Meetings, and Coordination

The Contractor’s designated Point of Contact (POC) and the Reclamation Contracting Officer’s Representative (COR) shall, at a minimum, establish and maintain a recurring weekly meeting. The purpose of these meetings is to facilitate regular progress updates from the Contractor and to ensure effective coordination with Reclamation technical personnel. These meetings are particularly important due to the potential for unforeseen technical challenges and shifting project priorities.

Reclamation technical staff reserve the right to cancel or reschedule any meeting based on necessity or logistical considerations. Additional meetings or communications may be initiated by either party on an as-needed basis to address emergent issues or time-sensitive matters.

The Contractor and Reclamation will determine project schedules jointly, and it is the Contractor’s responsibility to manage their resources to meet the schedule after it has been set. The schedule can be adjusted to provide additional time at the Reclamation COR’s discretion.

3.1.1 Deliverables and Due Dates

• Deliverables:

o Summaries of progress meetings as requested.

o Invoices and progress reports on an agreed upon schedule, no less than quarterly.

• Due Date: Performance period of the task order.

3.2 Ongoing Needs for CalSim Model Development

The Contractor shall provide CalSim development support, which may include, but are not limited to:

• Explore perspectives on setting CVP allocation that directly reflect the decision process used by Central Valley Operations Office. The goal is to create an allocation procedure in CalSim which is repeatable and not iterative.

• Implement flexibility in CVP/SWP COA accounting, including debt to project storage or other mechanisms and explore alternative coordinated operations.

• Support staff on the current Cooperating Operations Agreement implementation in CalSim, and analysis of COA balance from CalSim results.

• Examine opportunities to improve model efficiency: cycle structure, San Joaquin groundwater simulation, transfer-type operations, ect.

• Redesign logic of Millerton Lake operations with Friant Kern Project allocations.

• Implement CVP operations of the Delta Mendota Canal and Joint Use Branch of the California Aqueduct include water user rescheduling of allocated supplies, which has influence on San Luis operations and Jones exports. Furthermore, well-established water user practices for groundwater pumping, sales, and tradeoffs with San Joaquin supplies affect the timing of CVP facility operations. A template should be developed which allows these operations to affect model results, propagating from Jones and intertie use to delta conditions and north of Delta storage operations.

• Create a database of historical water sources, water uses, and data source for individual contractors represented in CalSim.

• Create post-processing tools for QAQC, model diagnostics, and analyzing system efficiency.

Tasks shall be prioritized and assigned at the discretion of Reclamation. Level of effort will be coordinated between Reclamation and the Contractor, but expected to include: Water Resources Simulation Language (WRESL) code development, comments in the code to explain logic, quality assurance checks, and Reclamation staff walk-through of implementation.

3.2.1 Deliverables and Due Dates

• Deliverables:

o Interim copies of WRESL code being developed under this contract to be made available within 2 business days of Reclamation request for review.

o Interim and final code shall be made available to Reclamation via secure online platform (like

SharePoint).

o Post-processing scripts and spreadsheets created under this contract to be made available within 2 business days of Reclamation request for review.

• Due Date: Performance period of the task order; within 2 business days for interim copies of WRESL code

3.3 Data Management and Documentation

The Contractor shall provide final models and documentation on all code developed under this contract by the end of the contract. Documentation shall include comments within the developed code to explain the logic and requested memorandums.

The Contractor shall provide a secure online platform for Reclamation to access the final models. Final models shall be available on the shared drive through the end of the contract period.

3.3.1 Deliverables and Due Dates

• Deliverables:

o Contractor will provide final copies of the WRESL code developed for the requested refinements on or before the termination of this contract. Final WRESL code shall include comments and output DSS files. Requested memorandums to be made available to Reclamation via secure online platform (like SharePoint).

• Due Date: Performance period of the task order.

3.4 Support Operations and Modeling Staff

The Contractor shall provide modeling and training support to both Central Valley Operations and the Bay-Delta Office Modeling Division on an as needed basis to support unforeseen and time sensitive tasks. These may include but are not limited to: CalSim modeling support that is not covered in Task 2, providing educational sessions and materials, technical analyses of CalSim models, gathering and processing relevant data, and review of draft CalSim models.

3.4.1 Deliverables and Due Dates

• Deliverables:

o Interim copies of WRESL code being developed under this contract to be made available within 2 business days of Reclamation request for review.

o Interim and final code shall be made available to Reclamation via secure online platform (like

SharePoint).

o Post-processing scripts and spreadsheets created under this contract to be made available within 2 business days of Reclamation request for review.

o Support educational sessions in coordination with Reclamation.

o Perform technical analysis and relevant documentation

• Due Date: Performance period of the task order; within 2 business days for interim copies of WRESL code

4.0 PERFORMANCE REQUIREMENTS SUMMARY

PRS Acceptable Quality Method of Surveillance

Tasks 1, 4 Meetings set and attended by appropriate contractor staff, as agreed upon between Reclamation and contractor staff.

90% of meetings set and appropriately attended by contractor staff. The threshold is calculated over the life of the contract.

Task 1 Contractor has 30 days from the last day of the month to submit an invoice.

Reclamation staff tracks timeliness on invoices.

Tasks 2, 3, 4 Meaningful progress is made on tasks, as agreed upon between Reclamation and contractor staff.

During regular meetings, Reclamation staff determines if progress is being made to the agreed upon level.

5.0 DATA AND REPORTS - The contractor shall provide the following data and reports as follows:

Item No. Description Content Format Medium Delivery

01 Summaries of progress meetings

See Task 1 Digital Email, MS Word, or PDF

Email or upload to secure online platform

02 Invoices and Progress Reports

See Task 1 Digital Email, MS Word, or PDF

Email or upload to secure online platform

03 CalSim Models/WRESL code developed

See Task 2, 3, and 4

Digital WRESL code, DSS output

Upload to secure online platform

04 Memorandums See Task 3 and

Digital MS Word or PDF Email or upload to secure online platform

05 Educational Materials See Task 3 Digital MS Word, Excel, or PDF, ppt

Email or upload to secure online platform

06 Technical Analyses See Task 3 Digital MS Word, Excel, or PDF, ppt

Email or upload to secure online platform

07 Post-Processing Tools

See Task 3 Digital MS Excel, Wresl Code, script in other scripting language

Email or upload to secure online platform

End of PWS

SECTION C - COMMERCIAL CLAUSES

NOTE: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are no included in agency solicitation, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference February 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: https://www.acquisition.gov/far FAR Overhaul Parts & Agency Deviations - FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV Department of the Interior Acquisition Regulation: https://acquisition.gov/diar

The following Clauses below are hereby incorporated by reference:

Clauses Title Date 52.204-13 System for Award Management Maintenance Mar 2026 52.212-4 Alternate I

Contract Terms and Conditions—Commercial Products and Commercial Services Mar 2026 Nov 2021

52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts Nov 2021 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

52.242-13 Bankruptcy Jul 1995 52.242-15 Stop-Work Order Aug 1989 52.243-3 Changes Time and Materials or Labor Hour Oct 2025 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements Jan 2017

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 52.233-3 Protest After Awaard Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.203-6 Alternate I

Restrictions on Subcontractor Sales to the Government June 2020

52.203-17 Contractor Employee Whistleblower Rights Nov 2023 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Mar 2026 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors

Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.

Mar 2026

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Oct 2018 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns Jan 2026 52.219-8 Utilization of Small Business Concerns Jan 2026 52.219-9 Small Business Subcontracting Plan Jan 2026 https://www.acquisition.gov/far https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://acquisition.gov/diar

(End of Clause)

52.252-6 Authorized Deviations in Clauses Nov 2020

(a)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.

(b) FAR Deviation Statement: The Civilian Agency Acquisition Council (CAAC) Letter 2025-02 Supplement 1 is applicable to this acquisition. The CAAC letter may be accessed electronically at this address:

https://www.acquisition.gov/caac-letters.

(End of clause)

52.217-8 Option to Extend Service 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 of contract expiration.

52.219-16 Liquidated Damages – Subcontracting Plan Jan 2026 52.219-28 Postaward Small Business Program Rerepresentation Jan 2026 52.222-3 Convict Labor June 2003 52.222-19 Child Labor – Cooperation with Authotities and Remedies Mar 2026 52.222-35 Equal Opportunity for Veterans June 2020 52.222-36 Equal Opportunity for Workers with Disabilities June 2020 52.222-37 Employment Reports on Veterans June 2020 52.222-40 Notificaton of Employee Right Under the National Labor Relations Act Dec 2010 52.222-50 Combating Trafficking in Persons Oct 2025 52.222-54 Employment Eligibility Verification Jan 2025 52.222-90 Addressing DEI Discrimination by Federal Contractors Apr 2026 52.223-23 Sustainable Products and Services (Deviation Feb 2025) May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Oct 2018 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements May 2014

52.227-14 Rights in Data – General May 2014 52.240-93 Basic Safeguarding of Covered Contractor Information Systems Mar 2026 52.244-6 Subcontracts for Commerical Products and Commercial Services Oct 2025 https://www.acquisition.gov/caac-letters

52.217-9 Option to Extend Service the Term of the Contract Mar 2000

a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 five

(5) years.

(End of Clause)

52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS 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 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)…