S208--Tree inspection and remediation at the Northampton VA Medical Center

Description This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) part 12, Acquisition of Commercial Products and Commercial Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026-01, dated 3/13/2026, and applicable VA deviations identified herein. This solicitation is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside. The associated North American Industry Classification System (NAICS) code for this procurement is 561730, Landscaping Services. The FSC/PSC is S208, Housekeeping-Grounds Maintenance. The Northampton VA Medical Center, Central Western Massachusetts Healthcare System, located at 421 N Main Street, Leeds, MA 01053, is seeking Tree Risk Assessment and Remediation services, including a qualified arborist and crew to perform a yearly assessment to identify and remediate potential risks of tree or limb failure. The applicable Wage Determination will be included as Attachment 1. STATEMENT OF WORK TREE RISK ASSESSMENT AND REMEDIATION Northampton VA Medical Center, Central Western Massachusetts Healthcare System 421 N Main Street Leeds, MA 01053 1 Overview 1.1 General Intent The Contractor shall provide professional services to include all labor, transportation, materials, apparatus, tools, equipment and permits necessary to perform the work in accordance with the contractual requirements contained herein. All work must adhere to VHA, OSHA, EPA, and Mass DEP standards. 1.2 Contract Specific Requirements Tree Risk Assessment and Remediation Following the Arborist plan, the Contractor shall perform up to one week's services trimming and/or removing trees. Prior to the start of any field work, the Contractor shall contact the contract point of contact (POC) (e.g., Contracting Officer's Representative, COR) to review proposed methods and plans for the completion of the work. Please note the bidding requirements related to this solicitation to ensure the following requirements are met. Failure to comply with bidding requirements may result in quotes being found to be not technically acceptable. The following shall be performed: Contractors are responsible for ensuring their personnel wear all required personal protective equipment (PPE). Contractors may utilize VA PPE supplies if appropriate for onsite personnel, but the Contractor is ultimately responsible for ensuring proper fitting PPE is available for its personnel; the VA shall not be liable for deficiencies or work stoppage resulting from PPE issues. Contractor shall have training records and relevant certifications for JCI equipment for all on-site personnel. Contractor's business must be within a sixty (60) mile radius of Edward P. Boland Campus, 421 N Main St, Leeds, MA 01053. 1.3 General Scope Items The following is a list of general scope considerations: An arborist will work 1 day to provide an action plan for the trimming/removal of hazardous and diseased trees throughout campus. After the arborist submits the plan, the Contractor shall contact the COR to discuss product data and work plan for all materials prior to utilization. A week's worth of work will follow. Using the arborist plan, all diseased and hazardous trees will be remedied. All field work shall be scheduled at least 14 business days in advance with the POC/COR, unless service is emergency-related. In the event of needed emergency service, the Contractor will be available within 24 hours of contact. The site shall be left clean of all debris and hazardous materials daily. 1.4 Site Access and Management Requirements The Contractor shall be solely responsible for the management, including all associated labor, equipment, materials, transport, and inspection, to meet the requirements of the project. The Contractor must have the following additional requirements before working on site: Contractor badge, if issued, must be obtained and visibly worn by the contractor or representative at all times while on campus. These requirements are applicable to all contractor employees and subcontractors working in and around campus buildings unless stated otherwise by the COR. The Contractor is ultimately responsible for the behavior of employees and subcontractors. Any waste generated shall be properly disposed of and documented by the Contractor. Questions or concerns shall be addressed with the COR. 2 Proposed Schedule All on-site work (including cleanup) shall take place during the following times, unless otherwise approved by the COR: 08:00 16:00h Monday through Friday. Off-hour work for activities impacting normal operations or scheduling conflicts are generally 17:00 06:00 Monday Friday and anytime Saturday and Sunday. Holidays excepted unless other times are arranged in advance and approved in writing by the COR. 3 Bidding Requirements Contract line items shall be bid as follows for a 1-year period: Unit price per tree for cutting, removal, and stump removal to a minimum distance of six inches below grade. Price of a three-man crew, chipper, loader, per day. 3.1 Parking Parking is rigidly controlled throughout the Medical Center. Contractor parking is only allowed in designated areas (subject to change). Parking in designated patient parking areas is strictly prohibited. Parking on grass is also prohibited. Parking for equipment necessary to perform the work will be authorized in advance of starting the project. Parking passes will be issued by the COR when necessary. 3.2 Storage of Equipment and Materials The Contractor shall arrange with the COR for allocation of required workspace and for the storage of equipment and material to be used for this project. Storage space is very limited. There are no exclusive areas within the campus that can be given to the Contractor for their storage needs. Additionally, a contractor trailer is NOT permitted for this contract. The Contractor should schedule delivery of materials to limit the amount of storage space and time. The warehouse CANNOT accept, or store, deliveries associated with a contract and not purchased directly by the VA (i.e., no drop-shipping contract supplies). 3.3 Debris Removal The Contractor/Installer shall be required to remove waste materials and debris daily (unless otherwise authorized by the COR) from the campus. All waste material and debris shall be removed off the site by the Contractor and shall be disposed of in accordance with applicable State and Federal regulations. 3.4 Site Utilities In the event a shutdown, restriction, or interruption of any utility services is required, a written request must be submitted (at least 14 calendar days in advance) and approved by the VA POC/COR. All utility shutdowns must be reviewed and approved by the VA. 4 Material and Workmanship Quality All materials and workmanship shall comply with all codes, standards, and requirements of all Authorities Having Jurisdiction (AHJ). All work shall be done in accordance with contract terms and conditions and in a professional manner according to the best trade practices and to the satisfaction of the COR. This includes work performed by subcontractors. END OF STATEMENT OF WORK The contract period of performance: Base year only Place of Performance: Northampton VA Medical Center, Central Western Massachusetts Healthcare System 421 N Main Street Leeds, MA 01053 The following solicitation provisions apply to this acquisition: FAR 52.204-7 System for Award Management Registration (NOV 2024) (DEVIATION NOV 2025). FAR 52.219-1 Small Business Program Representations (FEB 2024) (DEVIATION NOV 2025). FAR 52.229-11 Tax on Certain Foreign Procurements Notice and Representation (JUN 2020) (DEVIATION SEP 2025). FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (NOV 2025) (DEVIATION). FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998). FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020). VAAR 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008). FAR 52.219-27 Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024). The following provision is incorporated into 52.212-1 as an addendum to this solicitation: 52.212-1 Instructions to Offerors Commercial Products and Commercial Services (SEP 2023) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the Request for Quote (RFQ). However, the small business size standard for a concern that submits an quote, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition (1) Is set aside for small business and has a value above the simplified acquisition threshold; (2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (b) Submission of Quotes. Submit signed and dated quotes to the office specified in this Request for Quote (RFQ) at or before the exact time specified in this solicitation. Quotes may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotes must show (1) The solicitation number. (2) The time specified in the solicitation for receipt of quotations; (3) The name, address, and telephone number of the quoter; (4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) Certifications that the offeror shall complete electronically); (9) Acknowledgment of Quotation Amendments; (10) Past performance information (11) Demonstrate ability to me perform the requirements of the Statement of Work. (12) Quotes should include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations, or information, or reject the terms and conditions of the solicitation may be excluded from consideration. Quoters shall list exception(s) and rationale for the exception(s), if any (c) Period for acceptance of Quotes. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotes. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender s request and expense, unless they are destroyed during preaward testing. (e) Multiple Quotes. Quoters are encouraged to submit multiple quotes presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each quote submitted will be (f) Late submissions, modifications, revisions, and withdrawals of quotes. (1) Quoters are responsible for submitting quotes, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotes or revisions are due. (2) Any quote received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and may not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition. (3) If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government office designated for receipt of quotes by the exact time specified in the Request for Quote, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (g) Issuance of Purchase Order. The Government may issue a purchase order to one or more quoters as identified in the Request for Quote (RFQ). Therefore, the quoter s initial quote should contain the best terms from a price and technical standpoint. However, the Government may reject any or all quotes if such action is in the public s best interest. In addition, the Contracting Officer (CO) may issue a purchase order to other than the quoter with the lowest quoted price. (h) Multiple awards. The Government may accept issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the quotation, offers may not be submitted for quantities less than those specified in the RFQ. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quote. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101 29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil. evaluated separately. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision. (2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil. (3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by (i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or (ii) Contacting the Defense Standardization Program Office by telephone at 571 767 6688 or email at assisthelp@dla.mil. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier.(Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the Request for Quote (RFQ) requires the Contractor to be registered in the System for Award Management (SAM).) The quoter shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Quoter's name and address. The Quoter also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Quoter does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Quoter should indicate that it is an planning to submit a quote for a Government Request for Quote (RFQ) when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) [Reserved] (l) Notification. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ). (End of provision) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov/. FAR 52.212-2 Evaluation-Commercial Products and Commercial Services ADDENDUM to 52.212-2 EVALUATION COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (a) Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. This acquisition is conducted using simplified acquisition procedures for the acquisition of commercial products and commercial services. The Government will evaluate quotations using a comparative evaluation process where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Each response must meet the minimum requirements of the solicitation. (b) The following factors shall be used to evaluate quotations: (1) Technical (2) Past Performance (3) Price (c) Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation, but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following: (1) Technical: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation. (2) Past Performance: The past performance evaluation will assess the relative risks associated with a quoter s likelihood of success in fulfilling the solicitation s requirements as indicated by the quoter s record of past performance. The past performance evaluation may be based on the contracting officer s knowledge of and previous experience with the supply or service being acquired; Customer surveys, and past performance questionnaire replies; Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/; or any other reasonable basis. (3) Price: The Government will evaluate the price by adding the total of all line item prices, including all options The Total Evaluated Price will be that sum. (End of Provision) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998). As prescribed in 52.107(a), insert the following provision: This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far. https://www.acquisition.gov/far-overhaul 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): https://www.acquisition.gov/browse/index/far. The following contract clauses apply to this acquisition: 52.203-18 Prohibition on Contracting with Entities (JAN 2017). 52.204-9 Personal Identity Verification of Contractor Personnel ( JAN 2011). 52.204-13 System for Award Management Maintenance (OCT 2018) (DEVIATION NOV 2025). 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (NOV 2015) (DEVIATION NOV 2025). 52.212-4 Contract Terms and Conditions Commercial Products and Commercial Services (DEVIATION OCT 2025). 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (as applicable under current deviation). 52.219-14 Limitations on Subcontracting (OCT 2022) (DEVIATION NOV 2025). 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020). 52.222-41 Service Contract Labor Standards (AUG 2018). 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014). 52.222-50 Combating Trafficking in Persons (NOV 2021) (DEVIATION NOV 2025). 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026). 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024). 52.223-23 Sustainable Products (MAY 2024) (DEVIATION NOV 2025). 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). 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023). 52.233-3 Protest after Award (AUG 1996) (DEVIATION NOV 2025). 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) (DEVIATION NOV 2025). 52.252-6 Authorized Deviations in Clauses (NOV 2020). 852.201-70 Contracting Officer's Representative (DEC 2022), if a COR is designated. 852.203-70 Commercial Advertising (MAY 2018). 852.204-70 Personal Identity Verification of Contractor Personnel (MAY 2020). 852.219-73 VA Notice to Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses (JAN 2023) (DEVIATION). 852.219-75 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction (JAN 2023) (DEVIATION). 852.223-71 Safety and Health (SEP 2019). 852.232-72 Electronic Submission of Payment Requests (NOV 2018). 852.242-71 Administrative Contracting Officer (OCT 2020). 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) (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 so...