36C24626Q0561.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

659-26-2-048-0073

36C24626Q0561 06-16-2026

Kamilah Nye 757-315-2510 06-26-2026

15:00 EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

X

339112

1000 Employees

NET 30

N/A

X

Salisbury VA Medical Center 1601 Brenner Ave

Salisbury NC 28144

Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

512-460-5049 512-460-5221

X

See CONTINUATION Page

This is a solicitation for Small Bone Power Set for the Salisbury VA Health Care System.

See Section D for Attachment.

See Section E: Instruction to Offerors

Responses due by: 15:00 EST, June 26,2026.

POC: Kamilah Nye Email: kamilah.nye@va.gov

See CONTINUATION Page

X X

Jamie Sullivan Contracting Officer

36C24626Q0561

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK & SALIENT CHARACTERISTICS

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(APR 2026)

C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.3 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 Jamie Sullivan

Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery and Acceptance

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA Financial Service Center (FSC) Electronic Invoice Presentment and Payment System https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

DESCRIPTION

OF SUPPLIES

SERVICES QTY UNIT UNIT PRICE AMOUNT

16.00 EA __________________ __________________

MULTIDRIVE HANDPIECE - TWIN TRIGGER

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

DRILL HEAD - A.O. SYNTHES

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

DRILL HEAD - 7.4MM KEYED CHUCK

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

WIRE DRIVER HEAD 0.6 - 1.8MM

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

PIN DRIVER HEAD 1.8 - 3.2MM

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

32.00 EA __________________ __________________

SMALL BATTERY - STERILISABLE Li-Ion 13.2v

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

OSTEODRIVE HANDPIECE - STRAIGHT CASE (35k)

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LEVER - 280 SERIES

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

SAGITTAL SAW HEAD - S86

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

ROTARY BUR HEAD - 2.38mm (35k rpm)

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

BUR GUARD - STANDARD

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

BUR GUARD - LONG

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

8.00 EA __________________ __________________

RECIPROCATING SAW HEAD (S92)

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

3.00 EA __________________ __________________

OSCILLATING SAW HEAD - S86

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

CORD SET - 4 METRE

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

6.00 EA __________________ __________________

POWER CONSOLE - ADVANCED

Contract Period: Base

POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

STD SIZE STERI-CASE & TRAY - 1 x MCU, 1 x MCI & 1 x

DCS

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

1.00 EA __________________ __________________

3 Year Warranty On Power Equipment Included Free Of

Charge, Excluding Batteries. 6 Month Warranty On Batteries. Warranty Includes Repairs, Loaners, and Service.

Contract Period: Base POP Begin: 07-10-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: Salisbury VA Medical Center 1601 Brenner Ave.

Salisbury, NC 28144

USA

ALL 07-10-2026 to 02-28-2027

FOB: DESTINATION

B.4 STATEMENT OF WORK & SALIENT CHARACTERISTICS

VA Salisbury Healthcare System

1. Purpose

The purpose of this Statement of Work (SOW) is to define the requirements for the procurement, delivery, and functional readiness of surgical power equipment and accessories needed to support operating room procedures within the Salisbury VA Health Care System. This equipment is essential for performing orthopedic, trauma, and general surgical interventions safely and efficiently.

2. Scope

The contractor shall provide powered surgical instruments and associated components listed in Section 3. All items must be new, OEM (Original Equipment Manufacturer), and fully compatible with existing Desoutter systems in use at Salisbury VA HCS. Delivery shall include manufacturer warranties, product documentation, and any necessary support for initial setup.

The contractor shall refurbish current large bone Orthodrive handpieces at no charge.

3. Required Items

The contractor shall provide the following products:

Multidrive Handpiece, Twin Trigger

Drill Head, A.O. Synthes

Drill Head, 4.0 mm Keyed Chuck

Drill Head, 7.4 mm Keyed Chuck

Wire Driver Head, 0.6–1.8 mm

Pin Driver Head, 1.8–3.2 mm

Small Battery, Sterilisable Li‑Ion 13.2v

Osteodrive Handpiece, Straight Case (35k)

Sagittal Saw Head (S86)

Lever, 280 Series

Rotary Bur Head, 2.38 mm (35k rpm)

Bur Guard, Standard

Bur Guard, Long

Reciprocating Saw Head (S92)

Cord Set, 4 Meter

Power Console, Advanced

Standard Size Steri‑Case & Tray (1× MCU, 1× MCI, 1× DCS)

4. Requirements

A. Quality and Standards

All products must be new, unused, and sourced directly from the manufacturer or an authorized distributor.

All equipment must comply with FDA regulations and VA biomedical standards.

Serial numbers and lot numbers must be documented upon delivery.

B. Delivery Requirements

Order to be shipped complete with all items. Any deviation for partial shipment must be approved by the medical center. Delivery must be completed within the agreed contract timeframe.

All items shall be delivered to the designated loading dock at Salisbury VA HCS.

Contractor shall notify the facility at least 48 hours prior to delivery and provide tacking information.

C. Installation & Setup

Plug‑and‑play equipment such as handpieces and drill heads shall require no on‑site installation.

For powered systems requiring configuration, the contractor shall coordinate with VA Biomedical Engineering.

D. Training & Support

Contractor shall provide product literature, manuals, and usage guidance.

On‑site in‑service orientation shall be provided upon request at no additional cost for Perioperative nursing staff and Sterile Processing staff.

E. Warranty

All items must include full manufacturer warranty. Warranty shall include repairs, loaners, and service.

Defective or non‑functional items must be replaced at no cost.

5. Performance Requirements

The contractor shall ensure:

Accurate fulfillment of all ordered items.

Products arrive free of damage and fully functional.

All deliverables meet manufacturer specifications.

Items integrate seamlessly with existing Desoutter power systems.

6. Acceptance Criteria

VA PPM, Biomedical Engineering, SPS and surgery service will inspect and verify:

Correct product numbers and quantities

Physical condition and operability

Compatibility with current systems

Receipt of all manuals, warranties, and documentation

Security: This procurement does not require any VA network connectivity.

Characteristics of Hybrid Small Bone power

Required items: Multidrive Handpiece x 16ea, Drill Head – A.O. Synthes x 16ea, Drill Head 7.4mm keyed chuck x 16ea, Wire Driver Head 0.6 – 1.8mm x 16ea, Pin Driver Head 1.8 - 3.2mm x 16ea, Small Battery Sterilizable Li-Ion 13.2v x 32 ea, Drive Handpiece – straight case x 16 ea, Lever series x 16 ea, Sagittal Saw Head x 16ea, Rotary Bur Head x 16 ea, Burr Guard Standard, x 16 ea, Bur Guar – Long x 16 ea, Reciprocating Saw Head x 8 ea, Oscillating Saw Head x 3 ea, Cord set 4 meter x 16ea, Power Console – advanced x 6 ea, standard size Sterilization-case & tray x 16 ea, 3 year warranty on power equipment included, batteries 6 month warranty, warranty to include repairs, loaners and service. Includes battery powered and modular corded handpieces for small joint, hand, and foot surgery. Dual socket power supply for precision and control.

CLIN 1 Multi drive handpiece: Must be cordless/battery operated. Temporarily immersible in water. Must be able to be sterilized. Must be capable of both oscillation and tapping functions.

Must be modular and capable of accepting different attachments for various applications. Must have a slow speed mode of 270rpm. Must have magnetic ignition trigger system. Must be compatible with DeSoutter Medical Orthodrive SB-704 large batteries owned by the health care system. Must be capable of producing 196W of power. Must have a minimum stall torque of

15.6 Nm. Must be dual/twin trigger. Must have cannulation diameter 4.2mm.

Handpiece Dimensions and Specs: Length: ≤3.17 in. Height: ≤5.40 in. Width: ≤1.04 in. (based on diameter of attachment connection point). Weight: ≤1.34 lbs. Power Li-Ion battery 13.2 v 196W.

Reaming stall torque: 15.6Nm. Drilling stall torque: 4.29Nm CLIN 2 – drill head – A.O. Synthes, CLIN 3 – drill head – 7.4mm keyed chuck, CLIN 4 wire driver head 0.6 – 1.8mm, CLIN 5 pin driver head 1.8-3.2mm, CLIN 6 small battery I-Ion 13.2v, CLIN 9 sagittal saw head, CLIN 10 rotary bur head 2.38mm, CLIN 11 bur guard standard, CLIN 12 bur guard long ,CLIN 13 reciprocating saw head, CLIN 17 standard steri case and tray.

Must be temporarily immersible in water. Must be able to be sterilized.

CLIN 6 small battery Li-Ion 13.2v: Must be able to be steam or Sterrad NX, 100NX sterilized.

Must be compatible with Desoutter Medical battery charger BC-700 currently owned by the health care system

CLIN 7 drive handpiece – straight case. Must be able to be sterilized. Must have a five-light fuel gauge.

CLIN 8 Handpiece modular lever series: Handpiece must have different specs depending on attachment. Cylindrical handpiece, Length: ≤4.2 in., Diameter: 0.875 in., Weight: ≤4.9 oz., Max speed: 35,000 rpm, Handpiece must have smart technology corresponding to the console that automatically recognizes attachments and adjusts speed and torque specs according to attachment.

Burr guards, reciprocating saw head, oscillating saw head: Must be Temporarily immersible in water. Must be able to be sterilized. Must be able to accept all standard shank (2.38mm) burs/rasps.

CLIN 15 cord set. Must be able to be sterilized. Must be able to be washed without a wash cap.

Must be able to be plugged in from either end.

CLIN 16 Power console: Power console must have smart technology that coordinates with handpiece to automatically recognize attachments and adjust speed and torque specs according to attachment. Must have simultaneous dual handpiece operation for two instruments at once. Must have on front panel power switch, pedal socket, LED indicator, handpiece cannel A & B, Touchscreen. Must have earth potential equalization connector.

W- 12 in - 12.15 inches, L- 14 in - 14.15 inches, H- 5 in - 5.25 inches.

Must have 3-year warranty on power equipment

Must have 3-month warranty on batteries.

Warranty must include repairs, loaners, and service.

Must include OEM refurbishment of facilities current large bone Desoutter Medical Orthodrive handpieces at no charge to the government. Must include loaners while refurbishment is completed.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 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/far-overhaul/far-part-deviation-guide/far-overhaul-part-

52#FAR_52_252_2

http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(End of Clause)

FAR

Number

Title Date

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

(DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS

(DEVIATION)

NOV 2025

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION)

MAR 2026

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEVIATION)

NOV 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.225-5 TRADE AGREEMENTS NOV 2023

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

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS FEB 2023

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

852.246-71 REJECTED GOODS OCT 2018

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (APR 2026)

(a) Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations;

or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

C.3 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);

https://www.sam.gov

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

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

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

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

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

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

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

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

or

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

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

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

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

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

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

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

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

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

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

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

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

44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract.

Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

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

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

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

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

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

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L.

118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

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

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

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

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

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

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

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

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

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

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

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if

OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

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

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

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

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

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

(4) Iran prohibitions.

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran (section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).

(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the President, and has an active exclusion in SAM (22 U.S.C. 8515).

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

(iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)).

(e) Governmentwide exclusion and removal orders.

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://www.trade.gov/consolidated-screening-list 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));

https://www.sam.gov/

(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 https://dibnet.dod.mil/ 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.

(End of Provision)

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

See attached document: Attachment A - Line-Item Spreadsheet 02.

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

Note that FAR PART 12 Procedures will be used for this requirement.

1. QUOTE SUBMISSION

Quotes shall be based on requirements contained in the Salient Characteristics and Statement of Work (SOW).

Quotes shall be assembled by the following Sections: each section shall be easily identified.

Section A - Offer Form (Standard Form 1449) Include the North American Industry Classification System (NAICS) code and small business size standard in Block 10. Unique Entity Identifier (UEI) shall be entered in the block with the Offerors name and address.

Section B – Pricing Pricing shall be entered on the attachment in Section D. Quoter must complete all highlighted columns on the spreadsheet. DO NOT edit any other fields. The total quoted price must be entered into the solicitation with quote submission.

Quotes shall be accompanied by an Authorized Distributor Letter.

All Offerors shall be registered and current in the System for Award Management (SAM) database at the time of quote submission.

Failure to submit a complete quote will result in a technically unacceptable determination.

2. Amendments:

Amendments to this solicitation will be posted on SAM.gov. Paper copies of the amendments will NOT be individually mailed. Potential Offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation.

Failure to acknowledge an amendment may result in your quote being considered unacceptable.

3. AWARD BASIS

Note that FAR Part 12 procedures will be used. The Government intends to award a contract resulting from this solicitation to the responsible offeror whose quote, conforming to the solicitation, quotes the lowest price, whose quoted price does not exceed the amount of funding available for the procurement, and whose quoted price is found to be reasonable. Price alone is the sole evaluation factor.

4. TECHNICAL QUESTIONS

Offerors shall submit all technical questions regarding this solicitation to the Contracting Specialist in writing, via email, to Kamilah Nye at kamilah.nye@va.gov on or…