36C25026Q0644.docx
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- Solicitation number
- 36C25026Q0644
About this file
This is a Solicitation document for a one-time firm-fixed-price contract issued by the Department of Veterans Affairs, Network Contracting Office 10, in support of VISN 10's Ann Arbor VAMC facility located in Ann Arbor, Michigan. The solicitation seeks to procure brand name only Primemill dental equipment and maintenance coverage services. The contracting office is located at 260 East University Avenue, Cincinnati, Ohio 45219-2356, and the VA Medical Center is located at 3315 Fuller Road, Ann Arbor, Michigan 48105-2303. This is a brand name only procurement, indicating that the government requires equipment and services specifically from the Primemill manufacturer or approved equivalent.
The contract vehicle for this acquisition is a traditional firm-fixed-price arrangement, meaning the contractor will assume all costs and risks associated with performance. No information regarding set-asides, specific response dates, award dates, or pricing terms appears to be detailed in this file. Contractors interested in responding to this opportunity should contact Network Contracting Office 10 for complete solicitation documents, technical specifications, and any additional requirements related to the Primemill dental equipment maintenance coverage services.
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Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services
| SUBJECT* |
| Equipment/Maintenance Coverage, Primemill, Dental Service, Ann Arbor |
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 45219 |
| SOLICITATION NUMBER* |
| 36C25026Q0644 |
| RESPONSE DATE/TIME/ZONE |
| 08-04-2026 16:00 EASTERN TIME, NEW YORK, USA |
| ARCHIVE |
| 30 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
SET-ASIDE
| PRODUCT SERVICE CODE* |
| 6520 |
| NAICS CODE* |
| 339114 |
CONTRACTING OFFICE ADDRESS
Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue, Floor 2 Cincinnati OH 45219
POINT OF CONTACT*
Contracting Specialist Barbara Robertson Barbara.Robertson@va.gov (513)861-3100
PLACE OF PERFORMANCE
ADDRESS
Department of Veterans Affairs
Ann Arbor VA Medical Center
3315 Fuller Road
Ann Arbor MI
| POSTAL CODE |
| 48105-2303 |
| COUNTRY |
| USA |
ADDITIONAL INFORMATION
| AGENCY’S URL |
| https://www.va.gov |
| URL DESCRIPTION |
| Website |
| AGENCY CONTACT’S EMAIL ADDRESS |
| Barbara.Robertson@va.gov |
| EMAIL DESCRIPTION |
DESCRIPTION
Department of Veterans Affairs, Network Contracting Office 10 located at 260 E University Avenue, Cincinnati, OH 45219-2356, in support of VISN 10, Ann Arbor VAMC, located at 3315 Fuller Road, Ann Arbor, MI 48105-2303 is seeking a one-time firm-fixed-price contract to procure brand name only Primemill dental equipment/services.
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice
| *= Required Field |
| Combined Synopsis/Solicitation Notice |
Combined Synopsis/Solicitation Notice
Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format Revolutionary FAR Overhaul (RFO) in Federal Acquisition Regulation (FAR) subpart 12.202, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.
This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026-01.
This solicitation is unrestricted for Full and Open competition.
The associated North American Industrial Classification System (NAICS) code for this procurement is 339114 – Dental Equipment and Supplies Manufacturing, with a small business size standard of 750 Employees. The FSC/PSC is 6520 – Dental Instruments, Equipment, and Supplies.
The Department of Veterans Affairs, VISN 10, Ann Arbor Veterans Affairs Medical Center (AA VAMC), 3315 Fuller Road, Ann Arbor, MI 48105-2303 is seeking to purchase brand name Primemill Cerec dental supplies and services.
All interested companies shall provide quotations for the following:
Supplies/Services
| Line Item |
| Description |
| Quantity |
| Unit of Measure |
| Unit Price |
| Total Price |
CEREC 3D On-Site Training – Mfg. Part # 6149871
Each
DS CORE Care PP New 6Y Annual – Mfg. Part # 100008854
DS CORE Care PP PPU New 6Y Annual – Mfg. Part # 100008855
DS CORE Care Scanner AC New 6Y Annual – Mfg. Part # 100008857
DS CORE Care Milling Unit New 6Y Annual – Mfg. Part # 100008858
DS CORE Care SpeedFire New 6Y Annual – Mfg. Part # 100008859
DS Powerup Labor PP Annual – Mfg. Part # 100008866
DS Powerup Labor PP PPU Annual – Mfg. Part # 100008867
DS Powerup Labor Scanner AC Annual – Mfg. Part # 100008868
DS Powerup Labor Milling Unit Annual – Mfg. Part # 100008869
DS Powerup Labor SpeedFire Annual – Mfg. Part # 100008870
INEOS X5 Package (Scanner, PC + Monitor) - Mfg. Part # 100008911
INLAB/INEOS ON-SITE TRAINING 2 Day (CONT USA) - Mfg. Part # 6149640
CEREC SUSTAINMENT INEOS SCANNER – 3 Year - Mfg. Part # 100004344
CEREC SUSTAINMENT Extn yrs 4 & 5 Annual Payment - Mfg. Part # 6286095
TOTAL COST
Statement of Work
1. Introduction:
1.1. The Department of Veterans Affairs (VA) Dental Service is dedicated to providing top-tier dental care to our veterans. As part of our ongoing commitment to improving service delivery and ensuring that our dental services are modern and efficient, we are seeking to acquire cutting-edge technology, specifically 3D scanners, printers, and a CEREC milling unit.
2. Background: The initiative to acquire these advanced tools originates from a need to enhance the precision, efficiency, and quality of dental prosthetics and restorative treatments provided to our veterans. The current equipment is outdated and unable to meet the evolving clinical demands and technological advancements in dental care.
3D Scanners: The incorporation of 3D scanners will enable precise digital impressions, reducing the margin for error associated with traditional methods. This leads to better fitting prosthetics and increased patient comfort.
3D Printers: 3D printers would allow for quick, on-site fabrication of dental models and custom prosthetics, significantly decreasing production time and enhancing workflow efficiency.
CEREC Milling Unit: The CEREC milling unit will facilitate the in-house production of highly accurate ceramic dental restorations in a single visit, ensuring swift and high-quality care for our veterans.
Dentsply Sirona, the supplier of the 3D scanners, printers, and CEREC milling unit, will be responsible for the installation of these devices. Additionally, Dentsply Sirona will conduct comprehensive on-site training sessions for our dental staff to ensure proper usage and maintenance of the new equipment. This training will cover all aspects of the devices, from basic operation to advanced functionalities, ensuring that our staff is fully equipped to maximize the benefits of this technology.
2.1. Project Overview:
Month 1-2: Identify and procure the necessary 3D scanners, printers, and CEREC milling unit.
Month 3-4: Installation of equipment by Dentsply Sirona and initial staff training.
Month 5-6: Full integration of new equipment into daily operations and optimization of workflow processes.
2.2. Problem or Need: The initiative to acquire these advanced tools originates from a need to enhance the precision, efficiency, and quality of dental prosthetics and restorative treatments provided to our veterans. The current equipment is outdated and unable to meet the evolving clinical demands and technological advancements in dental care.
2.3. This upgrade project is essential to modernize the VA Dental Service and improve the quality of care provided to our veterans. By acquiring advanced 3D scanners, printers, and a CEREC milling unit, installed and supported by Dentsply Sirona with on-site training, we will be poised to offer more precise, efficient, and high-quality dental treatments.
2.4. Project History: Historically, the VA Dental Service has relied on traditional impression materials and external laboratories for the production of dental prosthetics. Although functional, this system is often time-consuming and less precise. The evolution of dental technology presents an opportunity for the VA to revolutionize its dental care practices, thus requiring an upgrade in our current resources.
2.5. Stakeholders:
| VA Dental Service staff and patients. |
| Dentsply Sirona (equipment vendor and training facilitator). |
| VA IT and facilities management teams. |
3. Goals and Alignment:
Enhanced Care Quality Objective: The VA aims to ensure that all veterans receive the highest quality of healthcare services.
Alignment: The integration of 3D scanning and printing technologies, along with the CEREC milling unit, will significantly improve the precision and quality of dental prosthetics and restorative care. This leads to better treatment outcomes and patient satisfaction.
Operational Efficiency Objective: Enhance operational efficiency to streamline workflows and reduce the time to deliver healthcare services.
Alignment: By enabling quick, on-site fabrication of dental models and restorations, the new equipment will dramatically decrease the turnaround time for dental prosthetics. This efficiency reduces wait times for veterans, allowing for more patients to be treated effectively.
Innovation and Modernization Objective: Continuously integrate innovative technologies to remain at the forefront of healthcare delivery.
Alignment: Acquiring and utilizing the latest in dental technology from Dentsply Sirona will modernize the VA Dental Service, bringing it in line with current industry standards and technological advancements.
Training and Development Objective: Provide continuous education and training to employees to ensure they are proficient with the latest technologies and practices.
Alignment: The on-site training provided by Dentsply Sirona will ensure that dental staff are well-versed in the operation and maintenance of the new equipment, fostering a culture of continuous learning and professional development.
Importance of Undertaking the Project Now Addressing Current Limitations The current dental equipment is outdated and cannot meet the modern demands required for high-precision and efficient dental care. Upgrading now will rectify these deficiencies and vastly enhance care delivery.
Improving Veterans' Health Outcomes With advances in dental technology, it is imperative that the VA keeps pace to ensure veterans have access to the best possible care. Delaying this project could result in continued use of suboptimal methods, affecting health outcomes and patient satisfaction.
Cost Efficiency in the Long Term Investing in high-quality, advanced dental equipment now can reduce long-term costs associated with outsourcing dental prosthetic production and frequent replacements/maintenance of outdated technology.
Enhancing Workforce Capabilities Introducing these new technologies provides an opportunity for staff to upgrade their skills, making them proficient in the latest best practices in dental care.
4. Objectives:
The goal of this project is to enhance the VA Dental Service through the acquisition and integration of advanced dental technologies, specifically 3D scanners, 3D printers, and a CEREC milling unit, provided by Dentsply Sirona. The project aims to achieve the following outcomes:
4.1. Objectives: The primary objectives of this project are outlined below. These objectives have been defined to ensure the successful completion and delivery of the project, in alignment with the agreed-upon scope and requirements.
See above objectives as listed in #3.
5. Period of Performance:
5.1. Start Date: The installation will commence 90 days after procurement. On-site training will be scheduled in accordance with clinic availability.
5.2. End Date: TBD
5.3. Milestones:
5.3.1. Milestone 1: Identify and procure the necessary 3D scanners, printers, and CEREC milling unit.
5.3.2. Milestone 2: Reconfiguration of room equipment will reside.
5.3.3. Milestone 3: Installation of equipment and initial staff training.
5.3.4. Milestone 4: Full integration of new equipment into daily operations and optimization of workflow processes.
5.4. Deliverables Schedule:
5.4.1. Deliverable 1: 90 days after procurement
5.4.2. Deliverable 2: [As clinic schedule allows
5.5. Potential Extensions or Modifications: If necessary, the Period of Performance may be extended or modified by the Contracting Officer.
6. Place of Performance:
Charles S. Kettles VA Medical Center 2215 Fuller Road Ann Arbor, MI 48105-2303
7. Scope:
This project involves the installation of various equipment including the Primescan, Primemill, Speedfire oven, suction unit, and lab scanner. The installation will commence 90 days after procurement. Additionally, on-site training for all staff will be provided to ensure proper usage and maintenance of the new equipment. The specific deliverables include:
Detailed reconfiguration plan for the room where the equipment will be installed.
Installation of Primescan, Primemill, Speedfire oven, suction unit, and lab scanner.
Comprehensive on-site training sessions for all staff on the use and maintenance of the installed equipment.
7.1. Project Deliverables: The project will produce the following key deliverables:
7.1.1. Deliverable 1: Primescan (3 (ea), primemill, speedfire oven, suction unit, in lab scanner and monitor.
7.2. Services: The following services will be provided as part of this project:
7.2.1. Service 1: Cerec 3D onsite training
7.2.2. Service 2: In lab on-site training
7.3. Tasks and Activities: The work required to achieve the project objectives and produce the deliverables will be broken down into the following tasks or activities:
7.3.1. Task 1: Installation of equipment
7.3.2. Task 2: On site training
7.4. Roles and Responsibilities: The roles and responsibilities of the parties involved in the project are as follows:
7.4.1. VA Personnel:
The room must be equipped with an adequate number of electrical outlets to power all equipment, including the scanners, 3D printers, and any auxiliary devices (e.g., suction unit, Speedfire oven).
Each electrical outlet should be appropriately rated to handle the power requirements of the specific equipment being installed.
Consideration should be given to the placement of electrical outlets to minimize the need for extension cords and to ensure safety and accessibility.
The availability of surge protectors or uninterrupted power supply (UPS) units is recommended to safeguard the equipment from power fluctuations.
Ensure that all computer workstations have internet access for software updates and remote technical support.
7.4.2. Service Provider Responsibilities:
Unpack and inspect all equipment upon arrival.
Install the scanners, 3D printers, and auxiliary equipment (e.g., Speedfire oven, suction unit) according to manufacturer specifications and guidelines.
Connect all equipment to computer workstations, ensuring proper integration with the software.
Verify that all electrical and network connections are correctly configured and secure.
7.4.3. Properly Working Equipment:
Conduct initial power-up and calibration of all installed equipment.
Perform thorough testing to ensure that each piece of equipment is functioning correctly and efficiently.
Confirm that all software applications are operating properly in conjunction with the hardware.
Address any technical issues or malfunctions that may arise during the installation process.
7.4.4. Training of Staff:
Provide comprehensive on-site training sessions for all relevant staff members.
Cover all operational aspects of the scanners and 3D printers, including setup, usage, maintenance, and troubleshooting.
Tailor training sessions to accommodate clinic schedules and staff availability.
Supply training materials, such as manuals and quick reference guides, to assist staff in their ongoing use of the equipment.
Conduct follow-up sessions, if necessary, to ensure that staff are confident and proficient in using the new equipment.
By fulfilling these responsibilities and delivering proper installation, operational equipment, and thorough staff training, the service provider will ensure that the scanners and 3D printers are effectively integrated into the clinic's workflow, thereby enhancing operational efficiency and patient care quality.
8. Required Certifications and Qualifications:
In-depth knowledge of 3D printing technology, including the function and operation of scanners and 3D printers.
Proficiency in troubleshooting and resolving technical issues related to scanners and 3D printers.
Familiarity with the software and hardware components associated with 3D printing technology.
Ability to read and interpret technical manuals, diagrams, and schematics.
9. Security: Reference any sections (2-5) that apply from VA Handbook 6500.6 Appendix C.
9.1. VA Informational Custodial Language (section 2a-2p of VA Handbook 6500.6 Appendix C.):
9.2. Access to VA Information and VA Information Systems (Section 3a – 3g of VA Handbook 6500.6 Appendix C):
9.3. Training (section 4a-4c of VA Handbook 6500.6 Appendix C):
9.4. Security Incident Investigation (Section 5a-5h of VA Handbook 6500.6 Appendix C):
(End of Statement of Work)
Delivery shall be provided no later than 30 days after receipt of order (ARO). FOB destination. Any unexpected delays must be communicated in writing to the Contracting Officer. Hours of operation are Monday – Friday, 6:00AM – 3PM EST. No deliveries are accepted on the following Federal holidays:
· New Year’s Day – January 1
· Martin Luther King, Jr.’s birthday – 3rd Monday in January
· President’s Day – 3rd Monday in February
· Memorial Day - Last Monday in May
· Juneteenth National Independence Day - June 19
· Independence Day - July 4
· Labor Day - 1st Monday in September
· Columbus Day (Indigenous People’s Day) - 2nd Monday in October
· Veterans Day - November 11
· Thanksgiving Day - 4th Thursday in November
· Christmas Day – December 25th The President of the United States of America may declare additional days as a federal holiday, and if so, this holiday will automatically be added to the list above. When a holiday falls on a 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.
The following FAR clauses apply to this acquisition:
1. FAR 52.212-4, “Contract Terms and Conditions – Commercial Products and Commercial Services” (NOV 2023)
| As prescribed in 12.205(b)(3), insert the following clause: | ||||||||||||
| (a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, | Definitions, is incorporated by reference. | |||||||||||
| (b) Inspection/Acceptance. The Contractor shall only tender for acceptance those | items that conform to the requirements of this contract. The Government | reserves the right to inspect or test any supplies or services that have been | tendered for acceptance. The Government may require repair or replacement of | nonconforming supplies or reperformance of nonconforming services at no | increase in contract price. If repair/replacement or reperformance will not correct | the defects or is not possible, the Government may seek an equitable price | reduction or adequate consideration for acceptance of nonconforming supplies or | services. The Government must exercise its post acceptance rights— | ||||
| (1) Within a reasonable time after the defect was discovered or should have been | discovered; and | |||||||||||
| (2) Before any substantial change occurs in the condition of the item, unless the | change is due to the defect in the item. | |||||||||||
| (c) Assignment. The Contractor or its assignee may assign its rights to receive | payment due as a result of performance of this contract to a bank, trust company, | or other financing institution, including any Federal lending agency in accordance | with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party | makes payment (e.g., use of the Governmentwide commercial purchase card), | the Contractor may not assign its rights to receive payment under this contract. | |||||||
| (d) Changes. Changes in the terms and conditions of this contract may be made | only by written agreement of the parties. | |||||||||||
| (e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. | Failure of the parties to this contract to reach agreement on any request for | equitable adjustment, claim, appeal, or action arising under or relating to this | contract shall be a dispute to be resolved in accordance with the clause FAR | 52.233-1, Disputes, which is incorporated in this contract by reference. The | Contractor shall proceed diligently with performance of this contract, pending | final resolution of any dispute arising under the contract. | ||||||
| (f) Excusable delays. The Contractor shall be liable for default unless | nonperformance is caused by an occurrence beyond the reasonable control of | the Contractor and without its fault or negligence. Examples of occurrences | include acts of God or the public enemy, acts of the Government in either its | sovereign or contractual capacity, fires, floods, epidemics, quarantine | restrictions, strikes, unusually severe weather, and delays of common carriers. | When an excusable delay occurs, the Contractor shall— | ||||||
| (1) Notify the Contracting Officer in writing as soon as possible; | ||||||||||||
| (2) Remedy the delay as quickly as possible; and | ||||||||||||
| (3) Notify the Contracting Officer when the occurrence is over. | ||||||||||||
| (g) Invoice. The Government will handle invoices according to the Prompt | Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit | invoices to the address designated in the contract to receive invoices. An invoice | must include the information required by 5 CFR part 1315.9(b). | |||||||||
| (h) Patent indemnity. The Contractor shall indemnify the Government and its | officers, employees, and agents against liability, including costs, for actual or | alleged direct or contributory infringement of, or inducement to infringe, any | United States or foreign patent, trademark, or copyright, arising out of the | performance of this contract, provided the Contractor is reasonably notified of | such claims and proceedings. | |||||||
| (i) Payment— | ||||||||||||
| (1) Items accepted. Payment shall be made for items accepted by the | Government that have been delivered to the delivery destinations set forth in this | contract. | ||||||||||
| (2) Prompt payment. The Government will make payment in accordance with the | Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR | part 1315. | ||||||||||
| (3) Discount. In connection with any discount offered for early payment, time | shall be computed from the date of the invoice. For the purpose of computing the | discount earned, payment shall be considered to have been made on the date | that appears on the payment check or the specified payment date if an electronic | funds transfer payment is made. | ||||||||
| (4) Overpayments. If the Contractor becomes aware of a duplicate contract | financing or invoice payment or that the Government has otherwise overpaid on | a contract financing or invoice payment, the Contractor shall— | ||||||||||
| (i) Remit the overpayment amount to the payment office cited in the contract | along with a description of the overpayment including the— | |||||||||||
| (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous | payment, liquidation errors, date(s) of overpayment); | |||||||||||
| (B) Affected contract number and delivery order number, if applicable; | ||||||||||||
| (C) Affected line item or subline item, if applicable; | ||||||||||||
| (D) Contractor point of contact; and | ||||||||||||
| (ii) Provide a copy of the remittance and supporting documentation to the | Contracting Officer. | |||||||||||
| (5) Interest. | ||||||||||||
| (i) All amounts that become payable by the Contractor to the Government under | this contract shall bear simple interest from the date due until paid unless paid | within 30 days of becoming due. The interest rate shall be the interest rate | established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, | which is applicable to the period in which the amount becomes due, as provided | in (i)(6)(v) of this clause, and then at the rate applicable for each six-month | period as fixed by the Secretary until the amount is paid. | ||||||
| (ii) The Government may issue a demand for payment to the Contractor upon | finding a debt is due under the contract. | |||||||||||
| (iii) Final decisions. The Contracting Officer will issue a final decision as required | by FAR part 33 if– | |||||||||||
| (A) The Contracting Officer and the Contractor are unable to reach agreement on | the existence or amount of a debt within 30 days; | |||||||||||
| (B) The Contractor fails to liquidate a debt previously demanded by the | Contracting Officer within the timeline specified in the demand for payment | unless the amounts were not repaid because the Contractor has requested an | installment payment agreement; or | |||||||||
| (C) The Contractor requests a deferment of collection on a debt previously | demanded by the Contracting Officer (see FAR part 32). | |||||||||||
| (iv) If a demand for payment was previously issued for the debt, the demand for | payment included in the final decision shall identify the same due date as the | original demand for payment. | ||||||||||
| (v) Amounts shall be due at the earliest of the following dates: | ||||||||||||
| (A) The date fixed under this contract. | ||||||||||||
| (B) The date of the first written demand for payment, including any demand for | payment resulting from a termination for cause. | |||||||||||
| (vi) The interest charge shall be computed for the actual number of calendar | days involved beginning on the due date and ending on- | |||||||||||
| (A) The date on which the designated office receives payment from the | Contractor; | |||||||||||
| (B) The date of issuance of a Government check to the Contractor from which an | amount otherwise payable has been withheld as a credit against the contract | debt; or | ||||||||||
| (C) The date on which an amount withheld and applied to the contract debt would | otherwise have become payable to the Contractor. | |||||||||||
| (vii) The interest charge made under this clause may be reduced under the | procedures for interest credits prescribed in FAR part 32 in effect on the date of | this contract. | ||||||||||
| (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or | damage to the supplies provided under this contract shall remain with the | Contractor until, and shall pass to the Government upon— | ||||||||||
| (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or | ||||||||||||
| (2) Delivery of the supplies to the Government at the destination specified in the | contract, if transportation is f.o.b. destination. | |||||||||||
| (k) Taxes. The contract price includes all applicable Federal, State, and local | taxes and duties. | |||||||||||
| (l) Termination for the Government’s convenience. The Government reserves the | right to terminate this contract, or any part hereof, for its sole convenience. In the | event of such termination, the Contractor shall immediately stop all work and | shall immediately cause any and all of its suppliers and subcontractors to cease | work. Subject to the terms of this contract, the Contractor shall be paid a | percentage of the contract price reflecting the percentage of the work performed | prior to the notice of termination, plus reasonable charges the Contractor can | demonstrate to the satisfaction of the Government using its standard record | keeping system, have resulted from the termination. The Contractor shall not be | required to comply with the cost accounting standards or contract cost principles | for this purpose. This paragraph does not give the Government any right to audit | the Contractor’s records. The Contractor shall not be paid for any work | performed or costs incurred which reasonably could have been avoided. |
| (m) Termination for cause. The Government may terminate this contract, or any | part hereof, for cause in the event of any default by the Contractor, or if the | Contractor fails to comply with any contract terms and conditions, or fails to | provide the Government, upon request, with adequate assurances of future | performance. The Government will send a cure notice to the Contractor, unless | the reason for the termination is late delivery. In the event of termination for | cause, the Government shall not be liable to the Contractor for any amount for | supplies or services not accepted, and the Contractor shall be liable to the | Government for any and all rights and remedies provided by law. If it is | determined that the Government improperly terminated this contract for default, | such termination shall be deemed a termination for convenience. | ||
| (n) Title. Unless specified elsewhere in this contract, title to items furnished under | this contract shall pass to the Government upon acceptance, regardless of when | or where the Government takes physical possession. | ||||||||||
| (o) Warranty. The Contractor warrants and implies that the items delivered under | this contract are merchantable and fit for use for the particular purpose described | in this contract. | ||||||||||
| (p) Limitation of liability. Except as otherwise provided by an express warranty, | the Contractor will not be liable to the Government for consequential damages | resulting from any defect or deficiencies in accepted items. | ||||||||||
| (q) Compliance with laws unique to Government contracts. The Contractor | agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of | appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, | Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 | U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 | relating to procurement integrity. | |||||||
| (r) Order of precedence. Any inconsistencies in this solicitation or contract shall | be resolved by giving precedence in the following order: | |||||||||||
| (1) The schedule of supplies/services; | ||||||||||||
| (2) The Disputes, Payments, Invoice, Compliance with Laws Unique to | Government Contracts, and Unauthorized Obligations paragraphs of this clause; | |||||||||||
| (3) Other contract clauses incorporated in the solicitation or contract; | ||||||||||||
| (4) Addenda to this solicitation or contract; | ||||||||||||
| (5) Solicitation provisions incorporated in the solicitation; | ||||||||||||
| (6) Other paragraphs of this clause; | ||||||||||||
| (7) Other documents, exhibits, and attachments; and | ||||||||||||
| (8) The specification. | ||||||||||||
| (s) Unauthorized obligations. | ||||||||||||
| (1) Except as stated in paragraph (s)(2) of this clause, when any supply or | service acquired under this contract is subject to any End User License | Agreement (EULA), Terms of Service (TOS), or similar legal instrument or | agreement, that includes any clause requiring the Government to indemnify the | Contractor or any person or entity for damages, costs, fees, or any other loss or | liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the | following shall govern: | ||||||
| (i) Any such clause is unenforceable against the Government. | ||||||||||||
| (ii) Neither the Government nor any Government-authorized end user shall be | deemed to have agreed to such clause by virtue of it appearing in the EULA, | TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal | instrument or agreement is invoked through an “I agree” click box or other | comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), | execution does not bind the Government or any Government authorized end user | to such clause. | ||||||
| (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar | legal instrument or agreement. | |||||||||||
| (2) Paragraph (s)(1) of this clause does not apply to indemnification by the | Government that is expressly authorized by statute and specifically authorized | under applicable agency regulations and procedures. | ||||||||||
| (t) Comptroller General examination of record. This paragraph applies if this | contract was awarded using other than sealed bid procedures and is in excess of | the simplified acquisition threshold on the date of award of this contract. | ||||||||||
| (1) The Comptroller General of the United States, or an authorized representative | of the Comptroller General, shall have access to and right to examine any of the | Contractor’s directly pertinent records involving transactions related to this | contract. | |||||||||
| (2) The Contractor shall make available at its offices, at all reasonable times, the | records, materials, and other evidence for examination, audit, or reproduction, | until 3 years after final payment under this contract or for any shorter period | specified in FAR part 4, longer period required by statute, or periods specified in | other clauses of this contract. If this contract is completely or partially terminated, | the records relating to the work terminated shall be made available for 3 years | after any resulting final termination settlement. Records relating to appeals under | the disputes clause or to litigation or the settlement of claims arising under or | relating to this contract shall be made available until such appeals, litigation, or | claims are finally resolved. | |||
| (3) As used in this clause, records include books, documents, accounting | procedures and practices, and other data, regardless of type and regardless of | form. This clause does not require the Contractor to create or maintain any | record that the Contractor does not maintain in the ordinary course of business or | pursuant to a provision of law. | ||||||||
| (u) Incorporation by reference. The Contractor’s representations and | certifications, including those completed electronically via the System for Award | Management (SAM), are incorporated by reference into the contract. |
(End of clause)
2. FAR 52.222-90, “Addressing DEI Discrimination by Federal Contractors” (APR 2026)
| (a) Definitions. As used in this clause— | |||
| Program participation means membership or participation in, or access or | admission to: training, mentoring, or leadership development programs; | educational opportunities; clubs; associations; or similar opportunities that are | sponsored or established by the contractor or subcontractor. |
| Racially discriminatory diversity, equity, and inclusion (DEI) activities means | disparate treatment based on race or ethnicity in the recruitment, employment | (e.g., hiring, promotions), contracting (e.g., vendor agreements), program | participation, or allocation or deployment of an entity's resources. |
| (b) In connection with the performance of work under this contract, the Contractor | agrees as follows: |
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of clause)
3. FAR 52.225-1, “Buy American – Supplies” (NOV 2025) (DEVIATION)
| As prescribed in 25.601(a)(1)(i), insert the following clause: | ||
| (a) Definitions. As used in this clause— | ||
| Commercially available off-the-shelf (COTS) item— | ||
| (1) Means any item of supply (including construction material) that is– | ||
| (i) A commercial product (as defined in paragraph (1) of the definition of | “commercial product” at Federal Acquisition Regulation (FAR) 2.101); | |
| (ii) Sold in substantial quantities in the commercial marketplace; and | ||
| (iii) Offered to the Government, under a contract or subcontract at any tier, | without modification, in the same form in which it is sold in the commercial | marketplace; and |
| (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as | agricultural products and petroleum products. |
| Component means an article, material, or supply incorporated directly into an | end product. | |||
| Cost of components means— | ||||
| (1) For components purchased by the Contractor, the acquisition cost, including | transportation costs to the place of incorporation into the end product (whether or | not such costs are paid to a domestic firm), and any applicable duty (whether or | not a duty-free entry certificate is issued); or | |
| (2) For components manufactured by the Contractor, all costs associated with | the manufacture of the component, including transportation costs as described in | paragraph (1) of this definition, plus allocable overhead costs, but excluding | profit. Cost of components does not include any costs associated with the | manufacture of the end product. |
| Critical component means a component that is mined, produced, or | manufactured in the United States and deemed critical to the U.S. supply chain. | The list of critical components is at FAR 25.105 . | ||||||||
| Domestic end product means— | ||||||||||
| (1) For an end product that does not consist wholly or predominantly of iron or | steel or a combination of both- | |||||||||
| (i) An unmanufactured end product mined or produced in the United States; | ||||||||||
| (ii) An end product manufactured in the United States, if- | ||||||||||
| (A) The cost of its components mined, produced, or manufactured in the United | States exceeds 60 percent of the cost of all its components, except that the | percentage will be 65 percent for items delivered in calendar years 2024 through | 2028 and 75 percent for items delivered starting in calendar year 2029. | Components of foreign origin of the same class or kind as those that the agency | determines are not mined, produced, or manufactured in sufficient and | reasonably available commercial quantities of a satisfactory quality are treated as | domestic. Components of unknown origin are treated as foreign. Scrap | generated, collected, and prepared for processing in the United States is | considered domestic; or | |
| (B) The end product is a COTS item; or | ||||||||||
| (2) For an end product that consists wholly or predominantly of iron or steel or a | combination of both, an end product manufactured in the United States, if the | cost of foreign iron and steel constitutes less than 5 percent of the cost of all the | components used in the end product. The cost of foreign iron and steel includes | but is not limited to the cost of foreign iron or steel mill products (such as bar, | billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture | of the end product and a good faith estimate of the cost of all foreign iron or steel | components excluding COTS fasteners. Iron or steel components of unknown | origin are treated as foreign. If the end product contains multiple components, the | cost of all the materials used in such end product is calculated in accordance | with the definition of "cost of components". |
| End product means those articles, materials, and supplies to be acquired under | the contract for public use. | |||||
| Fastener means a hardware device that mechanically joins or affixes two or more | objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, | and screws. | ||||
| Foreign end product means an end product other than a domestic end product. | ||||||
| Foreign iron and steel means iron or steel products not produced in the United | States. Produced in the United States means that all manufacturing processes of | the iron or steel must take place in the United States, from the initial melting | stage through the application of coatings, except metallurgical processes | involving refinement of steel additives. The origin of the elements of the iron or | steel is not relevant to the determination of whether it is domestic or foreign. | |
| Predominantly of iron or steel or a combination of both means that the cost of the | iron and steel content exceeds 50 percent of the total cost of all its components. | The cost of iron and steel is the cost of the iron or steel mill products (such as | bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the | manufacture of the product and a good faith estimate of the cost of iron or steel | components excluding COTS fasteners. | |
| Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 | percent carbon, and may include other elements. | |||||
| United States means the 50 States, the District of Columbia, and outlying areas. | ||||||
| (b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end | products for supplies acquired for use in the United States. In accordance with | 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived | for an end product that is a COTS item, except that for an end product that | consists wholly or predominantly of iron or steel or a combination of both, the | domestic content test is applied only to the iron and steel content of the end | product, excluding COTS fasteners. |
| (c) Offerors may obtain from the Contracting Officer a list of foreign articles that | the Contracting Officer will treat as domestic for this contract. | |||||
| (d) The Contractor shall deliver only domestic end products except to the extent | that it specified delivery of foreign end products in the provision of the solicitation | entitled "Buy American Certificate." |
(End of Clause)
4. FAR 52.240-91, “Security Prohibitions and Exclusions” (NOV 2025)
| As prescribed in 40.205(b), insert the following clause: | |||||||||
| (a) Definitions. As used in this clause— | |||||||||
| American Security Drone Act-covered foreign entity means an entity included on | a list that the Federal Acquisition Security Council (FASC) develops and | maintains and publishes in the System for Award Management (SAM) | at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note | prec.). | |||||
| Backhaul means intermediate links between the core network, or backbone | network, and the small subnetworks at the edge of the network (e.g., connecting | cell phones/towers to the core telephone network). Backhaul can be wireless | (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). | ||||||
| Covered application means the social networking service TikTok or any | successor application or service developed or provided by ByteDance Limited or | an entity owned by ByteDance Limited. | |||||||
| Covered article, as defined in 41 U.S.C. 4713(k), means: | |||||||||
| (1) Information technology, as defined in 40 U.S.C. 11101, including cloud | computing services of all types; | ||||||||
| (2) Telecommunications equipment or telecommunications service, as those | terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. | 153); | |||||||
| (3) The processing of information on a Federal or non-Federal information | system, subject to the requirements of the Controlled Unclassified Information | program (see 32 CFR part 2002); or | |||||||
| (4) Hardware, systems, devices, software, or services that include embedded or | incidental information technology. | ||||||||
| Covered foreign country means The People’s Republic of China. | |||||||||
| Covered telecommunications equipment or services means— | |||||||||
| (1) Telecommunications equipment produced by Huawei Technologies Company | or ZTE Corporation (or any subsidiary or affiliate of such entities); | ||||||||
| (2) For the purpose of public safety, security of Government facilities, physical | security surveillance of critical infrastructure, and other national security | purposes, video surveillance and telecommunications equipment produced by | Hytera Communications Corporation, Hangzhou Hikvision Digital Technology | Company, or Dahua Technology Company (or any subsidiary or affiliate of such | entities); | ||||
| (3) Telecommunications or video surveillance services provided by such entities | or using such equipment; or | ||||||||
| (4) Telecommunications or video surveillance equipment or services produced or | provided by an entity that the Secretary of Defense, in consultation with the | Director of National Intelligence or the Director of the Federal Bureau of | Investigation, reasonably believes to be an entity owned or controlled by, or | otherwise connected to, the government of a covered foreign country. | |||||
| Critical technology means— | |||||||||
| (1) Defense articles or defense services included on the United States Munitions | List set forth in the International Traffic in Arms Regulations under subchapter M | of chapter I of title 22, Code of Federal Regulations; | |||||||
| (2) Items included on the Commerce Control List set forth in Supplement No. 1 to | part 774 of the Export Administration Regulations under subchapter C of chapter | VII of title 15, Code of Federal Regulations, and controlled— | |||||||
| (i) Pursuant to multilateral regimes, including for reasons relating to national | security, chemical and biological weapons proliferation, nuclear nonproliferation, | or missile technology; or | |||||||
| (ii) For reasons relating to regional stability or surreptitious listening; | |||||||||
| (3) Specially designed and prepared nuclear equipment, parts and components, | materials, software, and technology covered by part 810 of title 10, Code of | Federal Regulations (relating to assistance to foreign atomic energy activities); | |||||||
| (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, | Code of Federal Regulations (relating to export and import of nuclear equipment | and material); | |||||||
| (5) Select agents and toxins covered by part 331 of title 7, Code of Federal | Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; | or | |||||||
| (6) Emerging and foundational technologies controlled pursuant to section 1758 | of the Export Control Reform Act of 2018 (50 U.S.C. 4817). | ||||||||
| FASC-prohibited unmanned aircraft system means an unmanned aircraft system | manufactured or assembled by an American Security Drone Act—covered | foreign entity. | |||||||
| FASCSA order means any of the following orders issued under the Federal | Acquisition Supply Chain Security Act (FASCSA) requiring removing covered | articles from executive agency information systems or excluding one or more | named sources or named covered articles from executive agency procurement | actions, as described in 41 CFR 201-1.303(d) and (e): | |||||
| (1) The Secretary of Homeland Security may issue FASCSA orders that apply to | civilian agencies, to the extent not covered by paragraph (2) or (3) of this | definition. This type of FASCSA order may be referred to as a Department of | Homeland Security (DHS) FASCSA order. | ||||||
| (2) The Secretary of Defense may issue FASCSA orders that apply to the | Department of Defense (DoD) and national security systems other than sensitive | compartmented information systems. This type of FASCSA order may be | referred to as a DoD FASCSA order. | ||||||
| (3) The Director of National Intelligence (DNI) may issue FASCSA orders that | apply to the intelligence community and sensitive compartmented information | systems, to the extent not covered by paragraph (2) of this definition. This type of | FASCSA order may be referred to as a DNI FASCSA order. | ||||||
| Information technology, as defined in 40 U.S.C. 11101(6)— | |||||||||
| (1) Means any equipment or interconnected system or subsystem of equipment, | used in the automatic acquisition, storage, analysis, evaluation, manipulation, | management, movement, control, display, switching, interchange, transmission, | or reception of data or information by the executive agency, if the equipment is | used by the executive agency directly or is used by a contractor under a contract | with the executive agency that requires the use— | ||||
| (i) Of that equipment; or | |||||||||
| (ii) Of that equipment to a significant extent in the performance of a service or the | furnishing of a product; | ||||||||
| (2) Includes computers, ancillary equipment (including imaging peripherals, input, | output, and storage devices necessary for security and surveillance), peripheral | equipment designed to be controlled by the central processing unit of a | computer, software, firmware and similar procedures, services (including support | services), and related resources; but | |||||
| (3) Does not include any equipment acquired by a Federal contractor incidental | to a Federal contract. | ||||||||
| Intelligence community, as defined by 50 U.S.C. 3003(4), means the following— | |||||||||
| (1) The Office of the Director of National Intelligence; | |||||||||
| (2) The Central Intelligence Agency; | |||||||||
| (3) The National Security Agency; | |||||||||
| (4) The Defense Intelligence Agency; | |||||||||
| (5) The National Geospatial-Intelligence Agency; | |||||||||
| (6) The National Reconnaissance Office; | |||||||||
| (7) Other offices within the Department of Defense for the collection of | specialized national intelligence through reconnaissance programs; | ||||||||
| (8) The intelligence elements of the Army, the Navy, the Air Force, the Marine | Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug | Enforcement Administration, and the Department of Energy; | |||||||
| (9) The Bureau of Intelligence and Research of the Department of State; | |||||||||
| (10) The Office of Intelligence and Analysis of the Department of the Treasury; | |||||||||
| (11) The Office of Intelligence and Analysis of the Department of Homeland | Security; or | ||||||||
| (12) Such other elements of any department or agency as may be designated by | the President, or designated jointly by the Director of National Intelligence and | the head of the department or agency concerned, as an element of the | intelligence community. | ||||||
| Interconnection arrangements means arrangements governing the physical | connection of two or more networks to allow the use of another’s network to hand | off traffic where it is ultimately delivered (e.g., connecting a customer of | telephone provider A to a customer of telephone company B) or sharing data and | other information resources. | |||||
| Kaspersky Lab-covered article means any hardware, software, or service that— | |||||||||
| (1) Is developed or provided by a Kaspersky Lab-covered entity; | |||||||||
| (2) Includes any hardware, software, or service developed or provided in whole | or in part by a Kaspersky Lab-covered entity; or | ||||||||
| (3) Contains components using any hardware or 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 |
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