36C25526Q0257 RFQ.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

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

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

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. 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

589-26-2-2029-0022

36C25526Q0257 06-08-2026

Fischer, Lisa | Lisa.Fischer1@va.gov 913-946-1993 06-18-2026 03:00pm CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X 100

X

811310

$12.5 Million

NET 30 DAYS

N/A

Colmery-O'Neil VA Medical Center Topeka VA Medical Center 2200 Gage Blvd

Topeka KS 66622

36C255

Department of Veterans Affairs Network Contracting Office (NCO) 15

36C255

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

877-353-9791 512-460-5429

See CONTINUATION Page

Requirement is for Ice Machine Preventive Maintenance at the Colmery O'Neil VA Medical Center, located at 2200 Gage Blvd Topeka, KS 66622 and Junction City CBOC.

This solicitation is for base year with 4 Option Years 07/01/2026 to 06/30/2031.

These services will be performed as detailed within the Performance Work Statement.

This solicitation is being issued as a Total Set-Aside for SDVOSB concerns. If award cannot be made, the solicitation will be cancelled and the requirement resolicited.

Important: Please refer to Addendum to FAR 52.212-1 instructions to Offerors for additional instructions.

Questions due 06/12/2026 and will be posted on an amendment.

Offers are due by 15:00pm CST on 06/18/26.

No late bids will be accepted.

See CONTINUATION Page

589-3660162-2029-854100-3223 0100C12V1

X 1(One)

Juszczak, Janie Contracting Officer

36C25526Q0257

Table of Contents

SECTION A

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

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026)

C.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (NOV 2025) (DEVIATION)

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

C.7 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATIONS INCORPORATED BY REFERENCE

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

E.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION)

E.4 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (NOV 2025) (DEVIATION)

E.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) ALTERNATE

I (NOV 2025)

E.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE

(JAN 2008)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C255 Juszczak, Janie | Janie.Juszczak@va.gov Contracting Specialist 36C255 Fischer, Lisa | Lisa.Fischer1@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 15

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly, in arrears.

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

Financial Services Center, Austin TX https://www.fsc.va.gov/einvoice.asp

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

mailto:Janie.Juszczak@va.gov mailto:Lisa.Fischer1@va.gov https://www.fsc.va.gov/einvoice.asp

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 QTR __________________ __________________

QUARTERLY PM, CLEANING & SANITIZING-TOPEKA (33 UNITS)

Contract Period: Base POP Begin: 07-01-2026 POP End: 06-30-2027

0001AA

1.00 QTR NSP $0.00

Q1 PM (VAMC TOPEKA)

Contract Period: Base

0001AB

Q2 PM (VAMC TOPEKA)

Contract Period: Base

0001AC

Q3 PM (VAMC TOPEKA)

Contract Period: Base

0001AD

Q4 PM (VAMC TOPEKA)

Contract Period: Base

QUARTERLY PM, CLEANING & SANITIZING-JUNCTION CITY CBOC

(2 UNITS)

Contract Period: Base

0002AA

Q1 PM (JUNCTION CITY CBOC)

Contract Period: Base

0002AB

Q2 PM (JUNCTION CITY CBOC)

Contract Period: Base

0002AC

Q3 PM (JUNCTION CITY CBOC)

Contract Period: Base

0002AD

Q4 PM (JUNCTION CITY CBOC)

Contract Period: Base

Contract Period: Option 1 POP Begin: 07-01-2027 POP End: 06-30-2028

1001AA

Contract Period: Option 1

1001AB

Contract Period: Option 1

1001AC

Contract Period: Option 1

1001AD

Contract Period: Option 1

(2 UNITS)

Contract Period: Option 1

1002AA

Contract Period: Option 1

1002AB

Contract Period: Option 1

1002AC

Contract Period: Option 1

POP End: 05-30-2028

1002AD

Contract Period: Option 1

Contract Period: Option 2 POP Begin: 07-01-2028 POP End: 06-30-2029

2001AA

Contract Period: Option 2

2001AB

Contract Period: Option 2

2001AC

Contract Period: Option 2

2001AD

Contract Period: Option 2

(2 UNITS)

Contract Period: Option 2

2002AA

Contract Period: Option 2

2002AB

Contract Period: Option 2

2002AC

Contract Period: Option 2

2002AD

Contract Period: Option 2

Contract Period: Option 3 POP Begin: 07-01-2029 POP End: 06-30-2030

3001AA

Contract Period: Option 3

3001AB

Contract Period: Option 3

3001AC

Contract Period: Option 3

3001AD

Contract Period: Option 3

(2 UNITS)

Contract Period: Option 3

3002AA

Contract Period: Option 3

3002AB

Contract Period: Option 3

3002AC

Contract Period: Option 3

3002AD

Contract Period: Option 3

Contract Period: Option 4 POP Begin: 07-01-2030 POP End: 06-30-2031

4001AA

Contract Period: Option 4

4001AB

Contract Period: Option 4

4001AC

Contract Period: Option 4

4001AD

Contract Period: Option 4

(2 UNITS)

Contract Period: Option 4

4002AA

Contract Period: Option 4

4002AB

Q2 PM (JUNCTION CITY CBOC)

Contract Period: Option 4

4002AC

Contract Period: Option 4

4002AD

Contract Period: Option 4

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-

4002AD

Colmery O’Neil VAMC Attention: Engineering 2200 Gage Blvd Topeka, KS 66622

ALL

B.4 PERFORMANCE WORK STATEMENT

Ice Machine Preventive Maintenance, Cleaning, and Sanitizing

Department of Veterans Affairs – Colmery-O’Neil VA Medical Center (VAMC) 2200 Gage Boulevard, Topeka, KS 66622

1. Purpose and General This Performance Work Statement (PWS) defines the requirements for quarterly preventive maintenance (PM), cleaning, descaling, and sanitizing of ice machines located throughout the Colmery-O’Neil VA Medical Center and designated Community Based Outpatient Clinic (CBOC) locations, to ensure continuous, reliable, and safe operation in accordance with manufacturer specifications and applicable regulations.

2. Description of Services The Contractor shall provide all labor, supervision, tools, equipment, materials, transportation, and expertise necessary to perform quarterly PM, cleaning, descaling, and sanitizing of all ice machines identified in Ice Machine Inventory. Work shall be performed in accordance with manufacturer recommendations and applicable VA and regulatory requirements.

3. Scope of Work

3.1 General Requirements

• Unless otherwise specified, the Contractor shall furnish all supplies, materials, tools, personnel, equipment, supervision, and other items necessary to maintain the equipment under this PWS.

• VA Facilities Management will provide water filters for the units; see Section 8 – Government-Furnished Materials.

3.2 Preventive Maintenance – Cleaning, Descaling, and Sanitizing

• Perform quarterly PM on each unit listed in Attachment 1, per manufacturer instructions.

• At a minimum, each PM shall include:

1. Pre-service checks: visual inspection, operational assessment, and lockout/tagout as applicable.

2. Cleaning and Descaling: use manufacturer-approved chemicals (e.g., nickel-safe cleaner where required) and procedures for the evaporator, water system, bin/dispensing lines, and any accessible surfaces/components.

3. Sanitizing: sanitize food-contact surfaces, water circuits, bins, and dispensers per manufacturer specifications after cleaning or when the evaporator is free of ice.

4. Filter Maintenance: replace water filters when due per manufacturer guidance or as directed by the COR; document replacement and label date of installation.

5. Post-service checks: flush systems, discard first batch of ice per manufacturer guidance, verify correct operation, inspect for leaks, and confirm ice quality/harvest.

6. Labeling and Documentation: affix PM sticker/date and complete the service report (see Section 11).

3.3 Regulatory Compliance

All services shall conform to manufacturer performance and technical specifications and applicable federal, state, and local codes and standards, including but not limited to:

• National Electrical Code (NEC)

• Life Safety Code (LSC)

• Joint Commission (JC) standards applicable to equipment maintenance

• VA Regulations/directives applicable to cleaning of Reusable Medical Equipment (RME), if/when relevant to units with patient-contact assemblies

• OSHA requirements and VA safety policies

Note: Where this PWS references standards generally, the Contractor shall follow the current manufacturer service manuals and applicable regulatory guidance. If discrepancies arise, notify the COR and seek CO direction.

4. Place of Performance

• Primary site: Colmery-O’Neil VAMC, 2200 Gage Blvd, Topeka, KS 66622.

• Additional site(s): Junction City CBOC

5. Period of Performance See Schedule of Services and Prices in the contract for the base and option periods.

6. Hours of Work

• Normal business hours: Monday–Friday, 8:00 a.m. – 4:30 p.m.

• Off-duty hours: Friday–Monday, 4:30 p.m. – 8:00 a.m.; Monday–Thursday, 4:30 p.m. – 8:00 a.m.

• Federal Holidays: New Year’s Day; Martin Luther King Jr. Day; Presidents Day; Memorial Day;

Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day;

and any day declared by the President.

Work Window Requirements:

• Routine PM shall be scheduled during normal business hours unless otherwise approved by the

COR.

• Off-hours work requires advance COR approval; any price impact must be approved by the CO before performance.

7. Contractor Personnel and Qualifications

• Personnel performing maintenance must be fully qualified and competent to service the specific makes/models listed.

• EPA Section 608 refrigerant certification is required and must be provided to the COR prior to commencing work.

• Factory training/certification for Follett, Manitowoc, Scotsman, and Hoshizaki units is preferred; at minimum, technicians shall demonstrate ability to perform manufacturer-specified procedures.

8. Government-Furnished Materials (GFM)

• Water filters will be provided by VA Facilities Management for replacement when due.

• The Contractor shall coordinate pick-up with the COR and note filter changes in the service report.

• The Contractor is responsible for proper disposal of used filters and waste materials in accordance with facility environmental and infection-control policies.

9. Safety and Infection Control

• There is a potential for exposure to bloodborne or other infectious materials in hospital settings.

The Contractor shall use Universal/Standard Precautions at all times and provide appropriate Personal Protective Equipment (PPE).

• Maintain Safety Data Sheets (SDS) for all chemicals used and comply with VA requirements for chemical use and storage.

• Follow applicable Lockout/Tagout procedures when servicing electrical or mechanical systems.

• Coordinate with the COR to minimize disruption in patient care areas; use appropriate signage/barriers as required.

10. Equipment List / Inventory The equipment covered under this PWS is identified in Ice Machine Inventory.

Inventory Accuracy Note: Some entries have incomplete model/serial information. The Contractor shall verify and correct make/model/serial data during the first PM and report discrepancies to the COR.

11. Deliverables and Reporting

11.1 Service Reports

For each PM, the Contractor shall submit a detailed field service report to the COR within two (2) business days of service completion. The report shall include, at a minimum:

1. Service date and time (start/finish).

2. Building, wing, and room location.

3. Make, model, and serial number of equipment serviced.

4. Total labor time performing maintenance.

5. Detailed narrative of maintenance performed, including cleaning/descaling/sanitizing steps and chemicals used.

6. Filter replacement (Yes/No) and filter type/part number if replaced.

7. List of parts replaced (if any).

8. Observed deficiencies and recommendations.

9. Cause of malfunction (when applicable).

10. Photos (optional) of key components before/after if issues are noted.

11.2 PM Schedule

• Provide a quarterly plan/schedule to the COR no later than 10 business days prior to the start of each quarter.

• Notify the COR at least 48 hours in advance of site visits and coordinate escort needs and area access.

12. Quality Assurance and Performance Standards

12.1 Government Surveillance

The COR may monitor performance by:

• Observing work in progress and upon completion.

• Inspecting service reports and visual condition of units.

• Reviewing records and responding to staff feedback.

12.2 Performance Standards & Acceptable Quality Levels (AQL)

• PM Completion: 100% of listed machines serviced each quarter. AQL: ≥ 98%; any shortfalls must be corrected within 5 business days.

• Procedure Compliance: All PMs performed in accordance with manufacturer methods. AQL:

100%.

• Service Report Timeliness: Reports submitted within 2 business days of completion. AQL: ≥

95%.

• Workmanship/Quality: No repeat findings due to improper cleaning/sanitizing on subsequent inspection. AQL: ≥ 95%.

12.3 Remedies

• If services do not conform to contract requirements, the Government may require reperformance at no additional cost.

• For unacceptable performance, the COR may issue a Contract Discrepancy Report (CDR).

• When a corrective action plan is required, the Contractor shall submit it to the COR within 3 business days of CDR receipt.

• Rework shall be completed within 5 business days unless otherwise directed.

13. Contract Administration

• All contract administration functions are retained by the Department of Veterans Affairs.

• The Contracting Officer (CO) is the only person authorized to approve changes or modify contract requirements.

• The Contractor shall communicate with the CO on all matters affecting price, quantity, or quality.

• Any changes directed by persons other than the CO are unauthorized; no price adjustment will be made for such changes.

14. Contracting Officer’s Representative (COR) The COR will monitor performance, verify services received, and serve as the primary point of contact for scheduling and access.

15. Security, Access, and Badging

• The Contractor shall schedule work with the COR and check in upon arrival.

• The COR (or designee) will escort the Contractor to the appropriate areas as needed.

• All Contractor personnel shall comply with facility security/badging requirements and wear visible identification while onsite.

• The COR will escort the Contractor out upon completion.

16. Personnel and Legal Compliance

• Non-Personal Services: Contractor employees are accountable solely to the Contractor and not subject to Government supervision or control.

• Immigration and Nationality Act (1952, as amended): The Contractor shall comply with all applicable provisions and related regulations enforced by Homeland Security, ICE, and the U.S.

Department of Labor.

17. Equipment Additions/Removals

• The inventory represents the assets at time of award.

• Additions or removals during the period of performance shall be coordinated with the COR.

• Any price or quantity adjustments require CO approval (e.g., via modification/CLIN adjustment).

Ice Machine Inventory Note: Manufacturer names standardized. Entries with missing data are marked TBD – verify during first

PM.

Building Wing Room Make Model No. Serial No. Notes

1 AC 101 Follett 50FB400W L16923

1 A 108 Follett 50FB400W 6064

1 A (Starbucks)

Manitowoc QM45A TBD Unit 1 of 2 at Starbucks

1 A (Starbucks)

Manitowoc QM45A TBD Unit 2 of 2 at Starbucks

1 A 134 Follett 50FB400WS C69060

1 C 204 Follett 50FB400W C78945

1 C 302 Follett 50FB400W B13422

1 A 406 Follett 50FB400W K51929

1 B 401 Follett 50FB400W L20224

1 C 415 Follett 50FB400W 006035

1 C 530 Follett 50FB400W 08341500613

2 B 132 Follett 12CI414A-S S10855

2 B 211 Follett 50FB400W C69059

2 C 238 Follett 50FB400WS K51012

2 C 365 Follett 50FB400W D75125-28812

3 B 126 Follett 50FB400W D8924201313

3 A 223 Follett 50FB400W K50831-23213

4 B 113 Follett 50FB400W D75122-25812

4 B 209 Follett 50FB400W D75118-28811

4 C 265 Follett 50FB400W D83419-00613

5 B 226 Follett 50FB400W L20357

6 C 150 Follett 50FB400W L38448

Building Wing Room Make Model No. Serial No. Notes

6 D 154 Follett 50FB400W E793650891

9 C 030 Follett 50FB400WS L74343826220

9 A 115 Follett 50FB400W J87939

9 A 220 Follett 50FB400W 5365

20 — 101A Follett 50FB400W 95M0

20 — 112 Scotsman C0530MA-1 1207132001194 Original list order retained

24 A 113 Follett OAG2 D74262-28112

24 — 107 Manitowoc 5Y0504A 110092710

41 — 111 Follett 50FB400WS C68723

42 — 109 Hoshizaki 173G G23173G

43 — 108 Follett 3JA1 184238

Junction City CBOC

North — Manitowoc CNF201A-161 1121186257

Junction City CBOC

South — Manitowoc TBD TBD

Original entry showed “F01105M” in Make column; verify make/model/serial

SECTION C - CONTRACT CLAUSES

FAR Number Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

NOV 2023

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

COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS

SEP 2024

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS

NOV 2015

52.216-20 DEFINITE QUANTITY OCT 1995

52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984

52.217-5 EVALUATION OF OPTIONS JUL 1990

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION) NOV 2025

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION) NOV 2025

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(DEVIATION)

NOV 2025

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION) NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(DEVIATION)

NOV 2025

52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION) NOV 2025

52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION) NOV 2025

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES MAY 2014

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDS-PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION

CONTRACTS) (DEVIATION)

NOV 2025

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

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER

EXECUTIVE ORDER 14026 (DEVIATION)

NOV 2025

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (DEVIATION) NOV 2025

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY 2024

52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF

REFRIGERATION EQUIPMENT AND AIR CONDITIONERS

(DEVIATION)

NOV 2025

52.223-23 SUSTAINABLE PRODUCTS (DEVIATION) NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING

MAY 2024

52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION JAN 1997

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) FAR Number Title Date

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR

AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD AUG 1996

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

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEVIATION)

APR 2026

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL MAY 2020

852.211-72 TECHNICAL INDUSTRY STANDARDS NOV 2018

852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA BREACH

COSTS ALTERNATE I

FEB 2023

852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (DEVIATION)

JAN 2023

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION) (APR

2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.237-75 KEY PERSONNEL OCT 2019

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

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

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

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

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

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

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

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

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

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

(End of Clause)

C.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS

(NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum https://www.sam.gov/ products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $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 pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx mailto:CISADA106@state.gov

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of Provision)

C.6 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 https://dibnet.dod.mil/ https://www.sam.gov

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,…