36C25226Q0474.docx

36C25226Q0474

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

None 578-26-2-969-0620 36C25226Q0474 05-22-2026 Brittney Braswell 713-578-4046 05-29-2026

12:00 PM

CDT

Department of Veterans Affairs 36C252 115 South 84th Street, Suite 101 Milwaukee

WI

53214-1476 X 541519 150 Employees N/A N/A X Department of Veterans Affairs Edward Hines Jr. VA Hospital 5000 S 5th Avenue Hines

IL

60141-3030 Department of Veterans Affairs 36C252 Great Lakes Acquisition Center - HC 115 South 84th Street, Suite 101 Milwaukee

WI

53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Brand name purchase of BD Pyxis Server Software Upgrade.

See Section B for additional information.

An offer will be made to the vendor representing the lowest price, technically-acceptable quote (LPTA).

See CONTINUATION Page X X Jim Hedman Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

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:

CONTRACTOR NAME:

ADDRESS:

CITY-STATE-ZIP:

POINT OF CONTACT:

OFFICE NUMBER:

E-MAIL ADDRESS:

UEI / DUNS:

b. GOVERNMENT: Britney Braswell, Contract Specialist Jim Hedman, Contracting Officer Contracting Office Code: 36C252

Milwaukee, Wisconsin 53214-1476

2. INVOICING: Use of the invoicing procedures set forth in this Contract is mandatory and supersede any other invoicing procedures otherwise used by the Contractor. Invoice payment, including the calculation of late fees when applicable, shall be conducted in accordance with current Department of Veterans Affairs policies and procedures at the time an invoice is submitted. Under no circumstances shall a late payment be grounds for termination of this Contract.

a. Invoices Submitted in Arrears: Invoices shall be submitted electronically, monthly, in arrears in accordance with: VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018). Invoices shall not be submitted for work not yet performed.

b. Invoice Payment: Payments will be made in arrears upon receipt of a properly prepared invoice. Advance payments for work not yet performed is not authorized under this Contract. All payments by the Government to the contractor will be made in accordance with FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018).

c. Invoice Processes and Procedures:

(1) Electronic Invoicing Required: Facsimile, e-mail, posted mail, and scanned documents are not acceptable forms of submission for payment requests.

(2) FMS Registration: Contractors new to the Department of Veterans Affairs must first register with the VA’s Financial Management System (FMS). In order to register a company with FMS, the contractor must first register with https://www.id.me/, which is a simple and secure identity verification system. Once a contractor has registered with https://www.id.me/, the contractor can then access the digital registration form through the VA's Customer Engagement Portal at http://www.cep.fsc.va.gov/. For assistance, contractors may call 1-877-353-9791 or e-mail vafsccshd@va.gov.

(3) Tungsten Network: Once registered in FMS, a contractor may now electronically submit invoices. The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to the VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-489-6135 for enrollment. Once successfully enrolled, please go to Tungsten Network (tungsten-network.com) to begin submitting electronic invoices.

(4) Invoice Information: All invoices shall reference the vendor’s name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms, if applicable.

(5) Electronic Invoice Submission: Contractors shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

3. CONTRACTING OFFICER AUTHORITY: If the contractor receives a request from VA personnel directing or requesting work that the Contractor believes is not within the scope of the Contract, the Contractor must notify the COR and the Contracting Officer of the request. Only the Contracting Officer is authorized to issue changes or modifications that will affect price, quantity, or quality of performance of this contract. Additional tasking required by changes in mission assignments must be documented by a bilateral contract modification, in accordance with FAR 52.212-4(c). In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

4. FIRM-FIXED-PRICE CONTRACT: This Contract is a firm-fixed-price contract, as defined in FAR 16.202-1. As such, the prices set forth in Section B.2 Price Schedule are, “not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.” The Contractor shall not perform any services outside the scope of this Contract without a properly awarded bilateral modification, in accordance with FAR 52.212-4(c).

5. NONPERSONAL SERVICES CONTRACT: This Contract is a nonpersonal services contract, as defined in FAR 37.101. VA personnel will not exercise any supervision or control over Contractor personnel performing work under this Contract. Such personnel shall be accountable solely to the Contractor, which in turn is responsible to the Government for execution of the services under this Contract.

6. GOVERNMENT LIABILITY: The Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, prescribes a uniform procedure for handling of claims against the United States, for money damages only, on account of damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or employment, under circumstances where the United States, if a private person, would be liable in accordance with the law of the place where the act or omission occurred. Under the FTCA, the federal government acts as a self-insurer. See Claims Under the Federal Tort Claims Act - Office of General Counsel (va.gov) for additional information.

7. FACILITY REQUIREMENTS: In addition to any other requirements set forth in this Contract, the Contractor, including its employees, agents, and subcontractors (collectively “the Contractor”), shall comply with the following facility requirements. Failure to comply with these requirements shall be considered a material breach of this Contract and may be a violation of Federal law resulting in charges answerable in the United States District Court.

a. Parking: It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

b. Drug-free Policy: All VA facilities are drug-free. Possession of non-prescribed drugs, including alcohol, marijuana, and CBD products, is prohibited.

c. Non-smoking Policy: Smoking—including all tobacco products, e-cigarettes, and vaping products—is prohibited on the entire campus, both inside and outside the VA Facility.

d. Weapons Prohibited: Possession of any type of weapon on VA property is prohibited. Enclosed containers, including tool kits, are subject to search without consent while on VA property.

e. Facility Directives: All persons shall comply with all facility directives while on-campus, including the wearing of masks as required.

f. VHA DIRECTIVE 1192.01 (Seasonal Influenza Policy): This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible for providing face masks and influenza vaccines for all employees working at a VA facility. If Directive 1192.01 is applicable the Contractor, in conjunction with the COR, is responsible for ensuring that all aspects of this directive are implemented.

Statement of Work

Contract Title:

Upgrade of the BD Pyxis Server

Background:

The Pyxis server upgrade will support the BD Pyxis technology currently deployed. The Edward Hines Jr. VA Hospital currently uses automated dispensing cabinets (ADC) throughout the facility provided by BD Pyxis. The Central Inpatient Pharmacy currently utilizes the inventory management system (BD Logistics) and carousel to store manage medication inventory. The 9th floor Chemotherapy pharmacy lacks an IV prep workflow compounding system which has been deployed to the Central Pharmacy. The IV Prep system is needed to ensure products are prepared accurately with system safety checks. Central Inpatient Pharmacy utilizes the Controlled Substance manager which is integrated with the other ADC to help with both storage and inventory control. The Anesthesia carts are deployed in the OR rooms to help facilitate workflow. Software is needed to support nursing’s ability to dispense and waste drugs remotely, analytics to review dispensing trends and program to prevent drug diversion. Service to the Pyxis system is provided by Four Points who has a Current National BAA on file.

The purpose of this procurement is to the server upgraded to support the functionality of all currently owned BD Pyxis equipment for the Department of Veterans Affairs, Veterans Integrated Service Network (VISN) 12 facilitity, Edward Hines Jr.

Scope of Work:

1. Services to be provided by the Contractor:

1. Customer Support includes (but not limited to):

2. Software updates

3. Hardware updates that fix a defined functionality problem

4. Routine inspections and annual maintenance scheduled 3 days in advance during normal business hours (see below for business hours).

5. 24 hours, 7 days per week, 800# Helpline for software, hardware, and user questions.

6. On-site service technician

7. Guaranteed 8-hour response time

Hours of Operation: Normal hours of operation are Monday through Friday from 7:30 am to 4:00 pm Central Standard Time, excluding national holidays. All planned onsite service and repairs will be performed during normal hours unless otherwise agreed.

The contractor shall not be expected to perform service on the following Federal Holidays:

When one of the above designated Federal Holidays falls on a Sunday, the following Monday shall be observed as a Federal Holiday. When a Federal Holiday falls on a Saturday, the preceding Friday is observed as a Federal Holiday by United States Government agencies.

2. MAINTENANCE. Contractor’s pricing shall be inclusive of all costs including parts, labor, travel, and shipping, unless otherwise indicated. The Contractor shall have his/her own service manuals, specifications, schematic diagrams, and parts list to assist in the evaluation/repair of all equipment included in this contract.

3. SYSTEM ACCESS. In accordance with the Conformance Standards, the Contractor shall be granted reasonable access to the system to fulfill the obligations set forth in this agreement.

4. CONFORMANCE STANDARDS. All work shall be performed, and equipment shall function in conformance with all VA safety standards, manufacturer's/industry standards, and other applicable state, local, national and industry standards.

5. MAINTENANCE SERVICES.

A. Technical Support: The Contractor shall provide a 24-hour toll-free Technical Support number for contact by Pharmacy and/or IT employees for maintenance service, repair, or other assistance that is required. Systems and processes shall be in place for thorough documentation of issues reported by Edward Hines Jr with having the ability to request these reports when needed. The Contractor shall have the ability to remotely access the Pyxis system to diagnose and solve problems as well as provide user training.

B. Diagnostic and Repair: If the Pyxis system needs repairs that cannot be performed remotely, the contractor shall dispatch a Field Service Engineer (FSE) next business day to troubleshoot, service and repair the issues. The FSE assigned by the Contractor shall arrive on-site during, normal VA business hours, as stated above. Work performed outside of the normal hours of operation at the request of the FSE shall be considered service during normal hours of coverage.

C. Preventive Maintenance:

· Preventive Maintenance shall be performed by the contractor at intervals that are in accordance with the manufacturer’s recommendations, but no less than annually. All exceptions to the Preventive Maintenance (PM) schedule shall be arranged and approved in advance with the pharmacy designee.

· Contractor shall furnish any required “PM kits” needed to perform Preventive Maintenance.

· The Contractor shall provide written description of Preventive Maintenance Inspections (PMI). This description shall include an itemized list of the procedures performed, including electrical safety.

· Service reports shall be provided for all service activities including preventive maintenance, emergency repair, and safety inspections, and shall contain the following information:

· Name of Site

· SR Number

· Tech Name

· Date and Time

· Issue Reported By *If applicable*

· Product

· Problem Area *if applicable*

· Resolution *if applicable*

· Serial Number Serviced or Replaced

· Signature of Pharmacy Staff member who witnessed service event (available upon request within 90 days of service date)

· Service Reports shall be e-mailed at the completion of work or when the problem resolution is set to be completed. The email shall be sent to the COR or any other designee with a valid e-mail address located within Pyxis’s Email Communication list.

· All required parts, services, manuals, tools or software needed to successfully perform Preventive Maintenance shall be provided by the Contractor at no additional cost to the VA, unless otherwise, specifically stated in writing.

D. Corrective (Emergency) Maintenance:

· Corrective Maintenance (CM) shall be performed onsite or remotely by the Contractor and shall be performed by the next business day. Corrective Maintenance shall not be an additional cost.

E. New Equipment:

· If new equipment or components are obtained, either through new purchase, upgrade or replacement of existing equipment, that equipment may be added (and the replaced equipment deleted) from the contract as needed upon notification of the Contracting Officer (to be documented in writing via contract modification). Deleted equipment shall be credited in the full amount if deleted before any maintenance or repair has been performed on it.

7. REPORTING REQUIREMENTS/ON-SITE SERVICES. The Contractor shall be required to contact the facility pharmacy designee at Edward Hines Jr at the conclusion of work performed on the system if required on site. This check-in/out is mandatory. When the service is completed, the Field Service Engineer (FSE) shall document services rendered on a legible report document and submit the report documents, by email, as requested to the pharmacy designee. If the COR is unavailable, a signed, authorized copy of the report shall be sent to the Contractor after the work can be reviewed (if requested or noted on the electronic service record). For Service Report documentation please refer to Section 5.C.

8. ADDITIONAL CHARGES. There shall be no additional charge for time spent at the site (during, or after normal hours of coverage) awaiting the arrival of an additional Field Service Engineer (FSE) and/or delivery of parts.

9. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT.

· Each respondent shall have an established business, with an office and staff. The staff includes a "fully qualified" FSE and a "fully qualified" FSE who shall serve as the backup.

· "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program for the equipment identified in the statement of work.

· The Field Service Engineers (FSE) shall be authorized by the Contractor to perform the maintenance services. All work shall be performed by "Fully Qualified" competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VA Hospital and its surrounding Community-Based Outpatient Clinics, upon request. The Contracting Officer (CO) may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any equipment. The CO specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work on any equipment located within the Edward Hines Jr footprint. Subcontractors are provided with all procedures and remote support given to the trained BD Pyxis technicians. Such technicians shall operate under the control and supervision of Contractor.

· Any interior or exterior doors that shall be unlocked to gain access shall be kept locked during the performance of work unless it results in the creation of a safety hazard. In those instances, the Contractor is responsible for taking necessary actions to maintain the same level of security prior to gaining access/performing work. Should any other devices need to be unlocked like an entry gate, those devices should be locked immediately upon entry or exit. At no time shall the Contractor allow any person into a locked area or loan keys/access cards to another person. Contractor may be held in default for failure to comply with this requirement and subject the Contractor and employees to contract and other legal remedies.

· Due to the nature of working at a Government facility, the Contractor's staff shall be required to sign in and out each day at a designated location determined by the COR.

· The Contractor agrees that none of its officers or employees shall use or reveal any research, statistical, medical, or security information, which may be obtained during the performance of the work or as a result their presence on Government premises without the written consent of the Government.

· Smoking is prohibited inside any federal buildings located within the Veterans Integrated Service Network (VISN) 12 footprint.

· Possession of weapons is prohibited.

· Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

10. COMMERCIAL LICENSE AGREEMENTS.

· Any commercial license agreement shall not apply, govern, be a part of or have any effect whatsoever on this Contract; this includes, but is not limited to, any agreement embedded in the computer software (click-wrap) or any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrink-wrap).

· In the event of any patent or copyright infringement claim brought against the Government relating to this purchase, the U.S. Department of Justice (“DOJ”) shall defend the claim as required by 28 U.S.C. §516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation.

Performance Monitoring:

The COR shall monitor the performance of this contract. This shall be accomplished by tracking issues with the software, hardware, and receiving schedule maintenance.

Appendix B

VA ACQUISITION REGULATION SOLICITATION PROVISION AND CONTRACT CLAUSE

NOTE: This clause will undergo official rule making by the Office of Acquisitions and Logistics.

The below language will be submitted for public review through the Federal Register. The final wording of the clause may be changed from what is outlined below based on public review and comment. Once approved, the final language in the clause can be obtained from the Office of Acquisitions and Logistics Programs and Policy.

1. SUBPART 839.2 – INFORMATION AND INFORMATION TECHNOLOGY SECURITY

REQUIREMENTS

839.201 Contract clause for Information and Information Technology Security:

a. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.

2. 852.273-75 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (INTERIM- OCTOBER 2008)

As prescribed in 839.201, insert the following clause:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

(END OF CLAUSE)

Appendix C

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

139176-01 PLX Server 2019 Software Only Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7A21 - IT and Telecom - Business Application Software (Perpetual License Software)

MANUFACTURER PART NUMBER (MPN): 139176-01

139281-01 IVP 2019 Server Software Only Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 7A21 - IT and Telecom - Business Application Software (Perpetual License Software)

MANUFACTURER PART NUMBER (MPN): 139281-01

B.2 DELIVERY SCHEDULE

5000 South 5th Avenue Hines, IL 60141

USA

708-202-8387 Ext 23825 russell.usauskas@va.gov

5000 South 5th Avenue HInes, IL 60141

708-202-8387 Ext 23825 russell.usauskas@va.gov

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR 2026)

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

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

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

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

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

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

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

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

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

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

(End of clause)

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

(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

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

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

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

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

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

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

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

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

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

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

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

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

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

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

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

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

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

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

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

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

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

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

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

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

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

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

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

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

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

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

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

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

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

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

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

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

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

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

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

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

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

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

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

(4) Iran prohibitions.

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

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

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

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

(e) Governmentwide exclusion and removal orders.

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any…