36C24626Q0906_1.docx

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F103--Utility Critical Water Testing
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36C24626Q0906_1
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This is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services issued by the Department of Veterans Affairs Network Contracting Office 6 for utility and critical water testing services. The solicitation number is 36C24626Q0906, with an offer due date of August 28, 2026 at 10:00 AM EDT. The contract is unrestricted (100% open to all businesses) with an estimated value of $19 million. The solicitation is for an indefinite quantity contract with a base performance period from September 1, 2026 to August 31, 2027, followed by four one-year option periods extending through August 31, 2031.

The scope of work requires testing and reporting services for utility and critical water systems in compliance with ANSI/AAMI ST108:2023 standards. Required services include bacteria testing (572 tests annually), endotoxins testing (132 tests annually), pH testing (132 tests annually), total hardness testing (132 tests annually), conductivity testing (132 tests annually), total alkalinity testing (132 tests annually), ionic contaminants testing (one annual test), emergency bacteria testing (12 tests annually), and emergency endotoxin testing (12 tests annually). Water quality parameters must meet specified limits including pH levels (6.5-9.5 for utility water, 5.0-7.5 for critical water), conductivity below 500 μS/cm for utility water and below 10 μS/cm for critical water, and total alkalinity below 400 mg CaCO₃/L. Invoices shall be submitted monthly and payments will be made via electronic funds transfer. The primary NAICS code is 541330 (Engineering Services) with product/service code F103 (Environmental Systems Protection - Water Quality Support). Contracting officer is Natasha Leahy, and inquiries should be directed to Kristine Woodbury at 757-728-3449.

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36C24626Q0906

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. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

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

36C24626Q0906 08-18-2026 Kristine Woodbury 757-728-3449 08-28-2026

10:00AM

EDT

Natasha Leahy Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 X X 541380 $19 Million N/A X Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

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

VA

23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin

TX

78714-9971 512-460-5049 512-460-5221 X Utility Critical Water Testing Period of Performance: Base year plus four (4) one-year options See Section B.3 Performance Work Statement See Section E.1 for Instructions to Offerors.

X X Natasha Leahy Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PRICE/COST SCHEDULE4
ITEM INFORMATION4
B.3 PERFORMANCE WORK STATEMENT14
B.4 SPECIAL CONTRACT REQUIREMENTS18
SECTION C - CONTRACT CLAUSES21
C.1 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)21
C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026)21
C.3 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION) (MAR 2026)22
C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)25
E.1 INSTRUCTIONS TO QUOTERS26
E.2 BASIS FOR AWARD29
C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)31
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS40
C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)41

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 Natasha Leahy Department of Veterans Affairs 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] Monthly

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.

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 NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
572.00
ea
__________________
__________________

Bacteria Testing Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541330 - Engineering Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

132.00
ea
__________________
__________________

Endotoxins

POP Begin: 09-01-2026 POP End: 08-31-2027

132.00
ea
__________________
__________________

pH Testing

POP Begin: 09-01-2026 POP End: 08-31-2027

132.00
ea
__________________
__________________

Total Hardness

POP Begin: 09-01-2026 POP End: 08-31-2027

132.00
ea
__________________
__________________

Conductivity

POP Begin: 09-01-2026 POP End: 08-31-2027

132.00
ea
__________________
__________________

Total Alkalinity

POP Begin: 09-01-2026 POP End: 08-31-2027

1.00
ea
__________________
__________________

Ionic Contaminants Testing (Completed Annually)

POP Begin: 09-01-2026 POP End: 08-31-2027

12.00
ea
__________________
__________________

Emergency Bacteria Testing

POP Begin: 09-01-2026 POP End: 08-31-2027

12.00
ea
__________________
__________________

Emergency Endotoxin Testing

POP Begin: 09-01-2026 POP End: 08-31-2027

572.00
ea
__________________
__________________

Bacteria Testing Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028

132.00
ea
__________________
__________________

Endotoxins

POP Begin: 09-01-2027 POP End: 08-31-2028

132.00
ea
__________________
__________________

pH Testing

POP Begin: 09-01-2027 POP End: 08-31-2028

132.00
ea
__________________
__________________

Total Hardness

POP Begin: 09-01-2027 POP End: 08-31-2028

132.00
ea
__________________
__________________

Conductivity

POP Begin: 09-01-2027 POP End: 08-31-2028

132.00
ea
__________________
__________________

Total Alkalinity

POP Begin: 09-01-2027 POP End: 08-31-2028

1.00
ea
__________________
__________________

Ionic Contaminants Testing (Completed Annually)

POP Begin: 09-01-2027 POP End: 08-31-2028

12.00
ea
__________________
__________________

Emergency Bacteria Testing

POP Begin: 09-01-2027 POP End: 08-31-2028

12.00
ea
__________________
__________________

Emergency Endotoxin Testing

POP Begin: 09-01-2027 POP End: 08-31-2028

572.00
ea
__________________
__________________

Bacteria Testing Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029

132.00
ea
__________________
__________________

Endotoxins

POP Begin: 09-01-2028 POP End: 08-31-2029

132.00
ea
__________________
__________________

pH Testing

POP Begin: 09-01-2028 POP End: 08-31-2029

132.00
ea
__________________
__________________

Total Hardness

POP Begin: 09-01-2028 POP End: 08-31-2029

132.00
ea
__________________
__________________

Conductivity

POP Begin: 09-01-2028 POP End: 08-31-2029

132.00
ea
__________________
__________________

Total Alkalinity

POP Begin: 09-01-2028 POP End: 08-31-2029

1.00
ea
__________________
__________________

Ionic Contaminants Testing (Completed Annually)

POP Begin: 09-01-2028 POP End: 08-31-2029

12.00
ea
__________________
__________________

Emergency Bacteria Testing

POP Begin: 09-01-2028 POP End: 08-31-2029

12.00
ea
__________________
__________________

Emergency Endotoxin Testing

POP Begin: 09-01-2028 POP End: 08-31-2029

572.00
ea
__________________
__________________

Bacteria Testing Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030

132.00
ea
__________________
__________________

Endotoxins

POP Begin: 09-01-2029 POP End: 08-31-2030

132.00
ea
__________________
__________________

pH Testing

POP Begin: 09-01-2029 POP End: 08-31-2030

132.00
ea
__________________
__________________

Total Hardness

POP Begin: 09-01-2029 POP End: 08-31-2030

132.00
ea
__________________
__________________

Conductivity

POP Begin: 09-01-2029 POP End: 08-31-2030

132.00
ea
__________________
__________________

Total Alkalinity

POP Begin: 09-01-2029 POP End: 08-31-2030

1.00
ea
__________________
__________________

Iconic Contaminants Testing (completed annually)

POP Begin: 09-01-2029 POP End: 08-31-2030

12.00
ea
__________________
__________________

Emergency Bacteria Testing

POP Begin: 09-01-2029 POP End: 08-31-2030

12.00
ea
__________________
__________________

Emergency Endotoxin Testing

POP Begin: 09-01-2029 POP End: 08-31-2030

572.00
ea
__________________
__________________

Bacteria Testing Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031

132.00
ea
__________________
__________________

Endotoxins

POP Begin: 09-01-2030 POP End: 08-31-2031

132.00
ea
__________________
__________________

pH Testing

POP Begin: 09-01-2030 POP End: 08-31-2031

132.00
ea
__________________
__________________

Total Hardness

POP Begin: 09-01-2030 POP End: 08-31-2031

132.00
ea
__________________
__________________

Conductivity

POP Begin: 09-01-2030 POP End: 08-31-2031

132.00
ea
__________________
__________________

Total Alkalinity

POP Begin: 09-01-2030 POP End: 08-31-2031

1.00
ea
__________________
__________________

Ionic Contaminants Testing (Completed Annually)

POP Begin: 09-01-2030 POP End: 08-31-2031

12.00
ea
__________________
__________________

Emergency Bacteria Testing

POP Begin: 09-01-2030 POP End: 08-31-2031

12.00
ea
__________________
__________________

Emergency Endotoxin Testing

POP Begin: 09-01-2030 POP End: 08-31-2031

GRAND TOTAL
__________________

B.3 PERFORMANCE WORK STATEMENT

a. The scope of this work is all labor and materials to provide testing and reporting services per ANSI/AAMI ST108: 2023 for utility and critical water systems. The goal is for the successful bidder to test the critical water system to prove compliance with Table 1:

Type of Water

Utility Water(1)
Critical Water
Water Use
Units
Flushing/Washing/Rinsing
Final Rinse(2)/ Steam
pH(4)
pH
6.5 – 9.5
5.0 – 7.5
Conductivity (mg/L = ppm)
µS/cm
< 500
< 10
Total Alkalinity
mg CaCO3

/L

< 400
<8
Total Hardness
mg CaCO3

/L

< 150(3)
< 1
Bacteria
CFU/mL
< 500
< 10
< 10
Endotoxin
EU/mL
N/A
< 10
< 10
Total Organic Carbon (TOC)
mg/L
N/A
N/A
< 1.0
Color and Turbidity
Visual
Colorless, clear, without sediment
Colorless, clear, without sediment
Colorless, clear, without sediment

NOTE 1: This is the quality of water that might come from the tap but might need some form of treatment to achieve these specifications.

NOTE 2: If this is the final rinse prior to sterilization of a critical device.

NOTE 3: If hardness is greater than 150 mg/L, a water softener is recommended unless used for washing and the cleaning chemistry is capable of handling higher levels of hardness.

NOTE 4: For boiler-treated steam, most boilers are treated to maintain a pH of 7.5 or 9.2. Any treatment of water that goes into boilers should be in accordance with the sterilizer and boiler manufacturers’ written IFU.

Table 1: Categories and recommended levels of water quality for medical device reprocessing.

2. Work Location

a. Testing services shall occur at the Sterile Processing Service department, located in the basement of Building 47 at 1100 Tunnel Road, Asheville, NC, 28803.

3. Testing

a. Testing shall be provided within the Table 2 schedule below:

Characteristic
Type of testing
Sample site
Samples taken and analyzed by
Suggested frequency of testing
CGVAMC Responsible Service
Bacteria
Heterotrophic plate count (1)
Reprocessing area at each of the 11 point-of-use sites (3 - critical sinks, 1 - utility sink, 1 - RO storage tank, 4 - medivator sterilizers, 2 – washers). Immediately downstream of water treatment process.
Contractor
Weekly
FMS (contract)
Endotoxins
LAL test
Reprocessing area at each of the 11 point-of-use sites (3 - critical sinks, 1 - utility sink, 1 - RO storage tank, 4 - medivator sterilizers, 2 – washers). Immediately downstream of water treatment process.
Contractor
Monthly
FMS (contract)
pH
pH meter
Reprocessing area at each of the 11 point-of-use sites (3 - critical sinks, 1 - utility sink, 1 - RO storage tank, 4 - medivator sterilizers, 2 – washers). Immediately downstream of water treatment process.
Contractor

Monthly

FMS (contract)

Total hardness
Determination of ppm CaCO3

by handheld meter, titration kit, or colorimetric dipsticks.

Reprocessing area at each of the 11 point-of-use sites (3 - critical sinks, 1 - utility sink, 1 - RO storage tank, 4 - medivator sterilizers, 2 – washers). Immediately downstream of water treatment process.
Contractor

Monthly

FMS (contract)

Conductivity
Conductivity Meter
Reprocessing area at each of the 11 point-of-use sites (3 - critical sinks, 1 - utility sink, 1 - RO storage tank, 4 - medivator sterilizers, 2 – washers). Immediately downstream of water treatment process.
Contractor
Monthly
FMS (contract)
Total Alkalinity
Alkalinity test kit
Reprocessing area at each of the 11 point-of-use sites (3 - critical sinks, 1 - utility sink, 1 - RO storage tank, 4 - medivator sterilizers, 2 – washers). Immediately downstream of water treatment process.
Contractor
Monthly
FMS (contract)
Ionic contaminants
Specific tests for aluminum, chloride, copper, iron, manganese, Nitrate, Phosphate, Sulfate, Silicate, Zinc.
The main water feedline into the facility
Contractor
Annually
FMS (contract)

NOTE 1: The specifications presented in this table should be tested to the parameters specified in Table 1 and in accordance to ANSI/AAMI ST108: 2023 where applicable.

NOTE 2: The recommendations for frequency of testing in this table are the recommended minimum frequency. If problems or issues arise with the water quality, it might be necessary to increase the frequency until they are resolved.

Table 2: Overview of water quality monitoring, edited to include Responsible Party.

b. The successful bidder shall provide testing services for critical water (reverse osmosis) for bacteria (weekly), endotoxin (monthly), pH (meter) (monthly), total hardness (monthly), conductivity (monthly), total alkalinity (monthly), and ionic contaminants (annually) per Table 2 above.

c. Tests shall occur at the required locations per Table 2. The ‘main water feedline into the facility’ shall be tested at the domestic water supply inlet to the critical water system.

d. Water sampling shall be performed in accordance with ANSI/AAMI ST108:2023 Annex H.

4. Testing Days

a. Testing shall occur during normal business hours (8AM – 4:30PM).

b. Testing shall occur between the 10th and 15th day of the month.

c. The successful bidder shall notify the Contracting Officer’s Representative (COR) prior to travelling to the site to ensure that testing can be completed on the requested date. The COR may request to move the testing date due to mission requirements, and this shall result in no additional cost to the government to reschedule.

5. Reporting

a. Reporting shall be per typical company reporting documentation.

b. Reports shall be provided by email to the COR before the last business day in the testing month.

c. Reports shall provide recommendations for remediation of deficient testing parameters.

d. Chain of custody documentation shall be provided for samples shipped to testing labs outside of the company.

6. Emergency Testing

a. The successful bidder shall also provide twelve (12) additional tests for bacteria and twelve (12) additional tests for endotoxins in Table 2 parameters to be used as emergencies occur.

b. The successful bidder shall test within five (5) business days of the official request via email.

c. Additional tests may be requested through a contract modification at the testing rate provided for the original seven (7) tests.

7. Option Years

a. This service shall be provided for up to 5 years; 1 initial year plus 4 options years. Service not meeting the required performance/quality herein shall result in a negative response in the Contractor Performance and Reporting System (CPARS) and possible non-renewal of the next option year.

8. Miscellaneous

a. The C&A requirements do not apply.

b. Parking shall be provided in any open employee parking spots.

c. The successful bidder must log into the logbook and apply a Contractor sticker badge upon entering the facility.

· NOTE: Work is being completed in a hospital environment. The Contractor must take all precautions to ensure all tools and materials are under continuous observation and accountability. At no time will tools be left unattended or unsecured.

This is a federal facility as well as a medical center. As such, there is NO tobacco or vapor usage allowed inside any federal building or on grounds. Failure to follow these regulations can result in removal of the worker or Contractor from the facility and/or a US Magistrate’s ticket and fine.

--- END ---

36C24626Q0906

Page 1 of Page 1 of

B.4 SPECIAL CONTRACT REQUIREMENTS

1.0 WORK HOURS or HOURS OF OPERATION

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

Normal working hours are Monday through Friday, 8:00am – 4:30pm, excluding federal holidays which are as follows:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Any other day specifically declared by the President of the United States to be a federal holiday.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

2.0 BACKGROUND INVESTIGATIONS

A full background check is not required for this position, however all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the requirement in the performance work statement is Special Agency Check (SAC). This requirement is applicable to all subcontractor personnel requiring the same access. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

3.0 BILLING AND PAYMENT: The contractor shall submit invoices electronically in accordance with VAAR Clause 852.232-72, Electronic Submission of Payment Requests, via VA’s Electronic Invoice Presentment and Payment System. (See Web site http://www.tungsten-network.com/us/en/veterans-affairs-us/ )

All contractors shall be registered as a vendor to submit invoices in accordance with the Department of Veterans affairs e-Invoicing System at time of award.

4.0 CONTRACT ADMINISTRATION: Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

The Point of Contact (POC) shall be responsible for the overall technical administration of this contract.

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF.

POINTS OF CONTACT:

Contracting Officer’s (CO)

Natasha Leahy, CO Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 Tel: 757-254-4947 Natasha.Leahy@va.gov

Contract Specialist (CS)

Kristine Woodbury Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 Tel: 757-728-3449 Kritsine.woodbury@va.gov

POINT OF CONTACT (POC)

TBD

Page 1 of Page 1 of Page 1 of Page 1 of

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 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days 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) C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION 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 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION) (MAR 2026)

(a) Definitions. As used in this clause – VA Information system is the same as information system and means, pursuant to 38 U.S.C. 5727, a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information whether automated or manual.

VA sensitive information means all VA data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information and includes sensitive personal information. The term includes information where improper use or disclosure could adversely affect the ability of VA to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include the following: individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney client privilege; and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of Federal programs.

(b) General. Contractor personnel assigned to work for or on behalf of VA must undergo a background investigation commensurate with the risk and sensitivity level designation associated with the work to be performed at the level indicated in the contract. The Contractor and subcontractors shall comply with VA Directive/Handbook 0710, Personnel Security and Suitability Program, which can be accessed at: https://vaww.va.gov/vapubs/index.cfm.

(c) Risk and Sensitivity Levels. The following table identifies the risk and sensitivity levels that apply to any personnel providing services under this contract. *VA Administrations, organizations and staff offices will use the OPM Position Designation Tool.

Positions/Tasks Designated as Non-Sensitive Positions – Tier 1/Low Risk

Positions/Tasks Designated as Non-Sensitive Positions – Tier 2/Mod Risk

Positions/Tasks Designated as Non-Sensitive Positions – Tier 4/High Risk

Security clearances are granted to individuals with a specific requirement for access to classified material (for example, Confidential, Secret and Top Secret). Contractor personnel that are required to obtain a security clearance will be subject to a Tier 3 or Tier 5 investigation. The following sensitivity designations have been assigned for the identified Tier 3 and Tier 5 required by this contract:

Tier 3:

Tier 5:

(d) Fitness. The results from a background investigation are used to determine if an individual’s fitness is sufficient for that individual to perform work for or on behalf of VA in the position identified in this contract. Contractor fitness determinations are made in accordance with 5 CFR Part 731.202.

Fitness requirements for employment are separate and distinct from job qualifications. If a Contractor or subcontractor employee is found to be unsuitable or unfit to provide services under this contract, the Contractor shall immediately remove the employee from working on this contract and take those necessary steps that restrict the employee’s logical access to VA data, information, VA sensitive information, or information technology or VA information systems containing such data or information.

The Contractor shall advise the employee that they are not permitted to access any VA controlled building or real property in relation to this contract. The removal of an unfit Contractor or subcontractor employee does not alleviate the Contractor from satisfying the requirements of this contract. The Government will not reimburse the Contractor for any costs associated with the recruitment/replacement of an employee or subcontractor employee who is found to be unfit.

(e) Identification Cards. The Government will provide a Personal Identification Verification (PIV) card or other identification card, as necessary, to fit Contractor personnel who require physical access to VA facilities and/or logical access to VA data, information, VA sensitive information, or information technology or VA information systems containing such data or information. Contractor and subcontractor personnel shall prominently display their PIV/identification card on their persons while working at a VA facility and shall present their PIV/identification card for inspection upon request by a VA official. The Contractor must surrender the employee or subcontractor employee’s PIV/identification card in accordance with the requirements set forth in Directive/Handbook 0735 when any of the following events occur:

1. When no longer needed for contract performance.

2. Upon completion of the Contractor/subcontractor employee’s employment.

3. Upon contract completion or termination.

(f) Lost/stolen. Immediately upon detection, the Contractor shall report a lost or stolen PIV/identification card to the Government authorities as identified in Directive/Handbook 0735. Within 48 hours of reporting the lost/stolen PIV/identification card, the Contractor shall submit to the Program Manager an incident report that describes the relevant facts and circumstances regarding the loss/theft. If the loss/theft was reported by the Contractor to the local police, the Contractor shall further submit a copy of the final police report to the Program Manager within 48 hours of the report being made available by the local police department. The Government will not reimburse the Contractor for any costs that result from lost/stolen PIV/identification card(s).

(g) Regular Reporting. The Contractor shall submit a status report to PIV Sponsor within 5 working days after the end of each calendar quarter and as requested by the Government in order to initiate contract closeout procedures. The report must provide the status of each contractor/subcontractor employee who is required to have a PIV/identification card during the performance of the contract. The report shall identify the Contractor and the contract number, and list the following status for each contractor/subcontractor employee who holds a PIV/identification card under this contract:

1. Contractor/subcontractor employee name.

2. Name of VA facility where Contractor/subcontractor employee works, if applicable.

3. Date background check submitted for Contractor/subcontractor employee.

4. Date PIV/identification card issued to Contractor/subcontractor employee.

5. Contractor/subcontractor employee’s PIV/identification card number, as applicable.

6. Date Contractor/subcontractor employee no longer has need for PIV/identification card.

7. Date Contractor notified VA that PIV/identification card is no longer required.

8. Date Contractor returned PIV/identification card was returned to VA.

(h) Flow down of clause. The Contractor shall include the substance of this clause in subcontracts, third-party agreements, and BAA’s, in which subcontractors, third-party servicers/employees, and business associates will perform functions where they will have physical access to a VA facility or logical access to VA data, information, VA sensitive information, or information technology or VA information system containing such data or information.

(End of Clause)

C.4 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 https://www.va.gov/oal/library/vaar/index.asp

(End of Clause)

FAR Number
Title
Date
52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT ALTERNATE I (NOV 2021)
JUN 2020
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
52.212-4
CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION)
OCT 2025
52.217-8
OPTION TO EXTEND SERVICES
NOV 1999
52.219-6
NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION)
NOV 2025

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:

E.1 INSTRUCTIONS TO QUOTERS

(a) Submission of quotes. Submit the Quote to Kristine Woodbury at Kristine.woodbury@va.gov at or before the exact time specified in this solicitation. As a minimum, quotes shall include the—

(1) Completed, signed and dated Standard Form (SF) 1449 with the name, address, telephone number of the Quoter, and their Unique Entity Identifier (UEI);

(2) Include all information necessary to evaluate the factors contained in the Basis for Award as described in the solicitation as follows:

i. Technical. Offerors shall submit a written Technical Proposal that fully demonstrates their ability to perform all work described in the Statement of Work (SOW). The Technical Proposal shall be complete, clear, and sufficiently detailed for the Government to assess the offeror’s technical capability, approach, and understanding of ANSI/AAMI ST108:2023 requirements for water quality testing. At a minimum, the Technical Proposal shall address the following elements:

1. Technical Approach The offeror shall describe the methodologies, processes, and procedures that will be used to perform all required testing, sampling, reporting, and coordination. The approach shall include:

· A detailed plan for performing water quality testing for bacteria, endotoxins, pH, total hardness, conductivity, total alkalinity, and ionic contaminants in accordance with ANSI/AAMI ST108:2023.

· A description of how sampling will be performed per Annex H.

· Identification of testing instruments, meters, kits, or laboratory methods to ensure accurate and compliant results.

· Procedures for quality assurance, sample handling, chain of custody, and error mitigation.

· The process for performing required emergency tests within five business days.

· The method for ensuring continuous oversight and control of tools and materials within a hospital environment.

2. Understanding of Requirements The offeror shall demonstrate a clear understanding of the SOW and all testing requirements, including:

· Required parameters and thresholds listed in Table 1 (located in B.3 PWS).

· Required testing frequencies, sample locations, and reporting expectations as defined in Table 2 (located in B.3 PWS).

· Monthly testing requirements occurring between the 10th and 15th day of each month.

· Coordination requirements with the COR for scheduling and access.

· Annual ionic contaminant testing at the domestic water supply inlet.

3. Staffing and Qualifications The offeror shall identify key personnel who will perform the testing services and provide:

· Résumés or professional bios showing relevant experience in water quality testing, laboratory methods, and compliance with ANSI/AAMI standards.

· Certifications or training applicable to critical water testing, environmental sampling, or laboratory analysis.

· A staffing plan that ensures continuity of operations over the base and option years.

4. Laboratory Capabilities If an external laboratory will be used, the offeror shall provide:

· The name and accreditation of the laboratory.

· A description of testing capabilities related to bacteria, endotoxins, ionic contaminants, and other required analyses.

· Chain-of-custody procedures and sample transport methods.

5. Schedule and Project Management The offeror shall provide:

· A project schedule showing monthly and annual testing intervals.

· A plan for coordinating site access, communication with the COR, and notification prior to travel.

· A description of how rescheduling requests will be handled without cost impact.

· A process for ensuring timely delivery of all reports before the last business day of each month.

6. Reporting Approach The offeror shall describe:

· The structure and format of standard company reporting.

· How the report will be completed and delivered.

· How deficiencies will be analyzed and how remediation recommendations will be formulated.

· Data management and recordkeeping methods.

7. Compliance and Safety The offeror shall describe how they will comply with:

· Federal facility rules regarding tobacco and vapor usage.

· Hospital safety and security requirements, including logbook entry and contractor badge use.

· Proper management and securing of tools within clinical settings.

ii. Past Performance. Quoters shall submit a narrative describing their specific past performance providing Utility Critical Water Testing similar to the services required in this solicitation. Provide up to three (3) relevant contracts performed within the last five (5) years that demonstrate your company’s ability to perform these services successfully. For each reference, include the following information: Contract number, Description of specific tasks performed, Geographic location of contract performance, Dates of contract performance, Indicate if the referenced contract was performed by the Quoter or a proposed subcontractor, State if the Quoter or subcontractor was the prime contractor or a subcontractor, and Name, phone number, and email address of a point of contact who can verify contract performance.

iii. Price. Pricing shall be submitted as requested in section B.2 Price Schedule of this solicitation document.

(3) Responses to provisions that require Quoter completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)), Quoters are required to have an active Federal Government contracts registration in SAM when they submit a quote and at the time of award;

(4) Failure to comply with these instructions and provide all requested documents will result in quotes being rejected without further evaluation.

(b) Questions pertaining to this solicitation shall be emailed to Kristine Woodbury at Kristine.woodbury@va.gov by August 21, 2026 at 10:00AM EST. Questions will be answered via an amendment to this. No telephone inquiries will be considered.

(c) Contract award. The Government intends to evaluate quotes and award a contract in accordance with the Revolutionary FAR Overhaul Part 12 policies and procedures for the streamlined acquisition of commercial items and services. The Government may reject any or all quotes if such action is in the public interest, accept other than the lowest quote, and waive informalities and minor irregularities in quotes received.

(d) Explanation to Unsuccessful Quoters. In accordance with Revolutionary FAR Overhaul 12.301, award notices will comply with the posting requirements in FAR subpart 5.3.

E.2 BASIS FOR AWARD

(a) Basis for Award. Award will be made in accordance with the Revolutionary FAR Overhaul Part 12, Simplified Acquisition Procedures. The Government intends to issue an award to the responsible quoter whose quote is determined to be most advantageous to the Government, based on a best value determination considering technical capability, past performance, and price.

(b) Evaluation Factors Factor 1 Technical Capability Factor 2 Past Performance Factor 3 Price

(c) Criteria for Award. The Government will evaluate each quote for completeness and compliance with all instructions of this solicitation. Quotes will be evaluated based on the factors outlined below.

(1) Technical Capability. The quote will be evaluated based on how well the proposed services meet and/or exceed the requirements in the performance work statement. The Government reserves the right to select a quote that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. The Government will evaluate the quoter’s ability to meet the following requirements of the solicitation [add details]:

(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 the quoter’s past performance, the Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/, or any other reasonable basis.

(3) Price. Price will be evaluated to determine fairness and reasonableness in accordance with Revolutionary FAR Overhaul Part 12.204. The total evaluated price will be the sum of all line items required under this solicitation. 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. Evaluation of the price for the option period under FAR 52.217-8 will be accomplished by adding six months of the quoter's price for the last potential period of performance under this contract. The evaluation of options does not obligate the Government to exercise the option(s).

(End of provision)

FAR Number
Title
Date
52.219-8
UTILIZATION OF SMALL BUSINESS CONCERNS (DEVIATION)
NOV 2025
52.219-14
LIMITATIONS ON SUBCONTRACTING (DEVIATION)
NOV 2025
52.219-28
POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (DEVIATION)
NOV 2025
52.222-3
CONVICT LABOR (DEVIATION)
NOV 2025
52.222-35
EQUAL OPPORTUNITY FOR VETERANS (DEVIATION)
NOV 2025
52.222-36
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (DEVIATION)
NOV 2025
52.222-37
EMPLOYMENT REPORTS ON VETERANS (DEVIATION)
NOV 2025
52.222-40
NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEVIATION)
NOV 2025
52.222-41
SERVICE CONTRACT LABOR STANDARDS (DEVIATION)
NOV 2025
52.222-42
STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
MAY 2014
52.222-43
FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (DEVIATION)
NOV 2025
52.222-44
FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS—PRICE ADJUSTMENT (DEVIATION)
NOV 2025
52.222-50
COMBATING TRAFFICKING IN PERSONS (DEVIATION)
NOV 2025
52.222-54
EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION)
NOV 2025
52.222-55
MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (DEVIATION)
NOV 2025
52.222-62
PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (DEVIATION)
NOV 2025
52.223-23
SUSTAINABLE PRODUCTS (DEVIATION)
NOV 2025
52.226-8
ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
MAY 2024
52.228-5
INSURANCE—WORK ON A GOVERNMENT INSTALLATION
JAN 1997
52.229-3
FEDERAL, STATE, AND LOCAL TAXES (DEVIATION)
SEP 2025
52.232-18
AVAILABILITY OF FUNDS
APR 1984
52.232-33
PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT
OCT 2018
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
MAR 2023
52.233-3
PROTEST AFTER AWARD
AUG 1996
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
OCT 2004
52.237-2
PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION
APR 1984

C.5 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…

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