36C24626R008 Solicitation- Surgical Eye Packs.docx
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- Custom Surgical Eye Packs
- Solicitation number
- 36C24626R0086
About this file
This is a Request for Quote (RFQ) solicitation for custom surgical eye packs and related consumable items issued by the Department of Veterans Affairs Veterans Health Administration, Veterans Integrated Service Network 6 (VISN 6).
The solicitation seeks quotes for a base year plus four option years (total five-year) indefinite-quantity firm fixed-price contract to supply surgical eye packs and ophthalmic solutions to six medical facility locations: Asheville, Durham, Fayetteville, and Salisbury in North Carolina; Hampton and Salem in Virginia. The contract covers 12 distinct line items including various cataract surgical eye packs, viscoelastic solutions, phaco kits, and ophthalmic instruments with estimated base year quantities ranging from 10 to 1,246 units per item. Base performance period runs October 1, 2026 through September 30, 2027, with four one-year options extending through September 30, 2031. Quotes must be submitted via email to James Risbon (James.Risbon@va.gov) by September 16, 2026 at 3:00 PM EDT on company letterhead with detailed pricing breakdown and lead times. Resellers or distributors must provide an Authorized Distributor Letter from the manufacturer. Award will be made to the lowest-priced offeror meeting technical acceptability, with evaluation factors including technical capability, past performance, and price. All offerors must be registered in System for Award Management (SAM.GOV) and maintain active status. The solicitation is unrestricted, with standard FAR clauses incorporated by reference including Buy American requirements, trade agreements, and security prohibitions on covered telecommunications equipment and services. Payment will be made electronically via SAM following VAAR procedures, with invoicing upon receipt of material.
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| File | Type | Posted |
|---|---|---|
| Surgical Eye Pack Breakdowns.xlsx | XLSX spreadsheet |
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36C24626R0086
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
09-14-2026 James Risbon 757-315-3964 09-16-2026
3 PM
EDT
Jerry mann Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667
X
339113 800 Employees Net 30
N/A
Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive
Hampton VA 23667
James Risobn 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
See CONTINUATION Page Request for quote for a base plus 4 option year VISN IDIQ contract for Custom Surgical Eye Packs and related Consumable items in support of the following medical facility locations: Asheville-NC, Durham-NC, Fayetteville-NC, Hampton-VA, Salem- VA and Salisbury-NC.
Quotes must be submitted on a separate document including company letterhead and quote breakdown via email to James.Risbon@va.gov no later than 09/16/2026 @ 3PM EST
If submitting a quote as a reseller/distributor, vendor must submit an Authorized Distributor Letter (ADL) from the manufacturer.
Please include lead time for quoted items.
Award will be made to the lowest priced offeror who meets technical acceptability.
See CONTINUATION Page x one
Jerry Mann Contracting Officer
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 4 |
| ITEM INFORMATION | 4 |
| SECTION C - CONTRACT CLAUSES | 23 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 23 |
| C.2 52.216-18 ORDERING (AUG 2020) | 24 |
| C.3 52.216-19 ORDER LIMITATIONS (OCT 1995) | 25 |
| C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION) | 25 |
| C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989) | 26 |
| C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 26 |
| C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 26 |
| C.8 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) | 27 |
| C.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 27 |
| C.10 MANDATORY WRITTEN DISCLOSURES | 37 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 38 |
| SECTION E - SOLICITATION PROVISIONS | 39 |
| E.1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS | 39 |
| E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 41 |
| E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 41 |
| E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 43 |
| E.5 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022) | 43 |
| E.6 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021) | 44 |
| E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 44 |
| E.8 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 45 |
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: TBD
b. GOVERNMENT: Contracting Officer 36C246 Jerry mann 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] Upon receipt of material and proper submission of invoice. |
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
The guaranteed minimum award amount for this contract is $ “TBD”. The maximum aggregate value of orders that can be placed under this contract is $ “TBD”. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.”
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1,027.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065199907 SYSTEM VISCOELASTIC DUOVISC 0.85ML VISCOAT 0.5ML PROVISC STERILE LATEX FREE DISPOSABLECPRC#307658 Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies
MANUFACTURER PART NUMBER (MPN): 8065199907
| 1,009.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK4265 (Cataract) Surgical Eye Pack
* See attached excel spreadsheet for pack breakdown.
Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): PPK4265
| 50.00 |
| EA |
| __________________ |
| __________________ |
P/N: AS9458-80 (Cataract) Surgical Eye Pack
Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): AS9458-80
| 22.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK8414-04 (25G Valve VIT) Surgical Eye Pack
Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): PPK8414-04
| 61.00 |
| EA |
| __________________ |
| __________________ |
P/N 8065000139
KIT,PHACO,45 DEGREE,ACTIVE IRRIGATION,CENTURION FLUID MANAGEMENT SYSTEM
Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): 8065000139
| 750.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065183905 SOLUTION,OPHTHALMIC,VISCOELASTIC,0.5 ML,STERILE,SODIUM CHONDROITIN SULPHATE / SODIUM HYALURONATE,SURGICAL AID,PREFILLED SYRINGE,VISCOAT Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): 8065183905
| 1,246.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065183150
SOLUTION,OPHTHALMIC,VISCOELASTIC SYSTEM,.50ML VISCOAT; .55ML PROVISC,STERILE
Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): 8065183150
| 10.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065751761
INSTRUMENT,OPHTHALMIC SURGERY,CENTURION OZIL,HANDPIECE
Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): 8065751761
| 1,123.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK10277-02 (Cataract NO BSS) Surgical Eye Pack
Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): PPK10277-02
| 168.00 |
| EA |
| __________________ |
| __________________ |
P/N: AS3316-46 (Cataract) Surgical Eye Pack
Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): AS3316-46
| 123.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065103020
EYE,DRAPE,W/POUCH
Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): 8065103020
| 80.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK3702-22 (Cataract) Surgical Eye Pack
Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): PPK3702-22
| 1,027.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065199907
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,009.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK4265 (Cataract) Surgical Eye Pack
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 50.00 |
| EA |
| __________________ |
| __________________ |
P/N: AS9458-80 (Cataract) Surgical Eye Pack
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): AS9458-74
| 22.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK8414-04 (25G Valve VIT) Surgical Eye Pack
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
MANUFACTURER PART NUMBER (MPN): PPK8414
| 61.00 |
| EA |
| __________________ |
| __________________ |
P/N 8065000139
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 750.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065183905 SOLUTION,OPHTHALMIC,VISCOELASTIC,0.5 ML,STERILE,SODIUM CHONDROITIN SULPHATE / SODIUM HYALURONATE,SURGICAL AID,PREFILLED SYRINGE,VISCOAT Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,246.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065183150
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 10.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065751761
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,123.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK10277-02 (Cataract NO BSS) Surgical Eye Pack
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 168.00 |
| EA |
| __________________ |
| __________________ |
P/N: AS3316-46 (Cataract) Surgical Eye Pack
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 123.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065103020
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 80.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK3702-22 (Cataract) Surgical Eye Pack
Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,027.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065199907
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,009.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK4265 (Cataract) Surgical Eye Pack
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 50.00 |
| EA |
| __________________ |
| __________________ |
P/N: AS9458-80 (Cataract) Surgical Eye Pack
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 22.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK8414-04 (25G Valve VIT) Surgical Eye Pack
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 61.00 |
| EA |
| __________________ |
| __________________ |
P/N 8065000139
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 750.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065183905 SOLUTION,OPHTHALMIC,VISCOELASTIC,0.5 ML,STERILE,SODIUM CHONDROITIN SULPHATE / SODIUM HYALURONATE,SURGICAL AID,PREFILLED SYRINGE,VISCOAT Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,246.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065183150
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 10.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065751761
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,123.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK10277-02 (Cataract NO BSS) Surgical Eye Pack
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 168.00 |
| EA |
| __________________ |
| __________________ |
P/N: AS3316-46 (Cataract) Surgical Eye Pack
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 123.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065103020
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 80.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK3702-22 (Cataract) Surgical Eye Pack
Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,027.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065199907
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,009.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK4265 (Cataract) Surgical Eye Pack
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 50.00 |
| EA |
| __________________ |
| __________________ |
P/N: AS9458-80 (Cataract) Surgical Eye Pack
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 22.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK8414-04 (25G Valve VIT) Surgical Eye Pack
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 61.00 |
| EA |
| __________________ |
| __________________ |
P/N 8065000139
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 750.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065183905 SOLUTION,OPHTHALMIC,VISCOELASTIC,0.5 ML,STERILE,SODIUM CHONDROITIN SULPHATE / SODIUM HYALURONATE,SURGICAL AID,PREFILLED SYRINGE,VISCOAT Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,246.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065183150
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 10.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065751761
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,123.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK10277-02 (Cataract NO BSS) Surgical Eye Pack
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 168.00 |
| EA |
| __________________ |
| __________________ |
P/N: AS3316-46 (Cataract) Surgical Eye Pack
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 123.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065103020
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 80.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK3702-22 (Cataract) Surgical Eye Pack
Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,027.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065199907
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,009.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK4265 (Cataract) Surgical Eye Pack
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 50.00 |
| EA |
| __________________ |
| __________________ |
P/N: AS9458-80 (Cataract) Surgical Eye Pack
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 22.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK8414-04 (25G Valve VIT) Surgical Eye Pack
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 61.00 |
| EA |
| __________________ |
| __________________ |
P/N 8065000139
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 750.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065183905 SOLUTION,OPHTHALMIC,VISCOELASTIC,0.5 ML,STERILE,SODIUM CHONDROITIN SULPHATE / SODIUM HYALURONATE,SURGICAL AID,PREFILLED SYRINGE,VISCOAT Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,246.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065183150
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 10.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065751761
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 1,123.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK10277-02 (Cataract NO BSS) Surgical Eye Pack
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 168.00 |
| EA |
| __________________ |
| __________________ |
P/N: AS3316-46 (Cataract) Surgical Eye Pack
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 123.00 |
| EA |
| __________________ |
| __________________ |
P/N: 8065103020
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| 80.00 |
| EA |
| __________________ |
| __________________ |
P/N: PPK3702-22 (Cataract) Surgical Eye Pack
Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing
| GRAND TOTAL |
| __________________ |
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 52.252-2 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
| FAR Number |
| Title |
| Date |
| 52.203-6 |
| RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT ALTERNATE I (NOV 2021) |
| NOV 2021 |
| 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) |
| NOV 2025 |
| 52.209-6 |
| PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.209-9 |
| UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS 9DEVIATION NOV 2025) |
| NOV 2025 |
| 52.209-10 |
| PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.219-4 |
| NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.219-8 |
| UTILIZATION OF SMALL BUSINESS CONCERNS (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.222-19 |
| CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.222-35 |
| EQUAL OPPORTUNITY FOR VETERANS (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.222-36 |
| EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.222-37 |
| EMPLOYMENT REPORTS ON VETERANS (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.222-40 |
| NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.223-23 |
| SUSTAINABLE PRODUCTS (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.225-1 |
| BUY AMERICAN—SUPPLIES (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.225-5 |
| TRADE AGREEMENTS |
| NOV 2023 |
| 52.226-8 |
| ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING |
| MAY 2024 |
| 52.229-12 |
| TAX ON CERTAIN FOREIGN PROCUREMENTS (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.232-33 |
| PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.232-36 |
| PAYMENT BY THIRD PARTY (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| MAR 2023 |
| 52.233-3 |
| PROTEST AFTER AWARD (DEVIATION NOV 2025) |
| NOV 2025 |
| 52.233-4 |
| APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (DEVIATION NOV 2025) |
| NOV 2025 |
| 852.201-70 |
| CONTRACTING OFFICER'S REPRESENTATIVE |
| DEC 2022 |
| 852.203-70 |
| COMMERCIAL ADVERTISING |
| MAY 2018 |
| 852.215-70 |
| SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEVIATION) |
| JAN 2023 |
| 852.215-71 |
| EVALUATION FACTOR COMMITMENTS |
| OCT 2019 |
| 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 |
852.247-73
PACKING FOR DOMESTIC SHIPMENT
(End of Clause)
OCT 2018
C.2 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10-01-2026 through 09-30-2031.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor’s email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than TBD, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of TBD;
(2) Any order for a combination of items in excess of TBD; or
(3) A series of orders from the same ordering office within TBD days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within TBD days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after TBD.
(End of Clause)
C.5 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within TBD. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of Clause)
C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.7 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 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause) C.8 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.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
Interconnection 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…
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