C03 IDIQ 36C25726D0085 - CO Signed.pdf

PAGE 1 OF1. 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

36C25726D0085 AWARDED:

EFFECTIVE: 09-01-2026

Joshua Weisman 915-838-6452

36C257 Department of Veterans Affairs Network Contracting Office 17 (NCO 17)

5441 Babcock Road Ste. 302 San Antonio TX 78240

X

334516

1000 Employees

N/A

Department of Veterans Affairs North Texas Veterans Health Care System Pathology & Laboratory Medicine Service 4500 Lancaster Road Dallas TX 75216

36C257

Department of Veterans Affairs El Paso Contracting Office

11495 Turner Road El Paso TX 79936-1372

1K925

FISHER SCIENTIFIC COMPANY L.L.C.

FISHER HEALTHCARE

300 INDUSTRY DR

PITTSBURGH PA 15275

F5TEGZ32EJ38

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices

(877) 353-9791

See CONTINUATION Page

This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract for CORE/TOX supplies, in accordance with the statement of work (SOW). Ordering end date is 08/31/2031.

See section B for SOW and Price/Cost Schedule.

Contracting Officer's Representative (COR):

Rochelle Hurd rochelle.hurd@va.gov

(214) 857-0686

Contract Specialist:

Joshua Weisman joshua.weisman@va.gov 915-838-6452

$0.00 See CONTINUATION Page

Robyn Nussbaum Contracting Officer

36C25726D0085

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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: Fisher Healthcare michele.tyson@thermofisher.com

(224) 735-9630 michele.tyson@thermofisher.com

b. GOVERNMENT: Contracting Officer 36C257

Department of Veterans Affairs

Network Contracting Office 17 (NCO 17)

5441 Babcock Road Ste. 302

San Antonio TX 78240

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

This is accomplished through the Tungsten Network located at:

http: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

B.2 STATEMENT OF WORK

North Texas Veterans Health Care System Agreement for Procurement of Reagents, Kits and supplies for Core Lab/Toxicology

Testing

1. Purpose: The North Texas Veterans Health Care System (VANTHCS) is requesting a contract for the procurement of reagents and supplies for Core Lab/Toxicology testing for the period of a base plus four option years.

2. Scope and Location: Contractor shall deliver all reagents and supplies listed below for VANTHCS Pathology & Laboratory Medicine Service to Dallas, Core Lab at 4500 Lancaster Rd., Dallas, Texas 75216.

Catalog # Description of Item Quantity

23278401 DRI URINE CALIBRATOR NEG 25ML 12.00

23278415 DRI MULTIDRUG CALIB 2 LOW 25ML 12.00

23278413 DRI MULTIDRUG CALIB 1 25ML 12.00

23139332 DOA TOTAL QC LVL 2 6X18ML/PK 6.00

23139333 DOA TOTAL QC LVL 3 6X18ML/PK 6.00

23139334 DOA TOTAL QC LVL 4 6X18ML/PK 6.00

23139335 DOA TOTAL QC LVL 5 6X18ML/PK 6.00

23278298 DRI MULTIDRUG LO URINE CAL 5ML 12.00

23278217 CEDIA BUPRNORPHN NEG CAL 7.5ML 16.00

23278213 CEDIA BUPRENORPHN CAL 5NG 5ML 16.00

23278211 CEDIA BUPRENORPHN CAL 20NG 5ML 16.00

23278212 CEDIA BUPRENORPHN CAL 50NG 5ML 16.00

23278214 CEDIA BUPRENORPHN CAL 75NG 5ML 16.00

23278386 DRI OXYCODONE 100 CALIB 10ML 12.00

21200414 DRI COTININE CAL KIT 6X5ML 12.00

10028874 DRI FNTNYL II NEG CAL 1X10MLRX 12.00

10028873 DRI FNTNYL II C/O CAL 1X10MLRX 12.00

21200425 CEDIA BUP II CAL 10 NG/ML 5ML 12.00

21200427 CEDIA BUP II LO HI CTRL 2X5ML 12.00

21200430 CEDIA NEG CAL II 1X75ML RX 12.00

23278278 CEDIA THC CALIBRATOR 50 15ML 12.00

23278284 CEDIA THC CTRL 50 2LVL 2X15ML 12.00

23278269 CEDIA PPX/METHDN CAL C/O 5ML 16.00

23278401 CEDIA MLTIDRUG CAL SEC LC 15ML 12.00

23278252 CEDIA NEGATIVE CALIB SC 5ML 16.00

23278262 DRI THC CALIBRATOR 50NG 25ML 12.00

23278403 CEDIA NEGATIVE CALIB LC 15ML 12.00

23278261 CEDIA MLTIDRG CAL CLIN LC 15ML 12.00

23278246 DRI ETH ALC CAL KIT 100MG 5ML 16.00

23278316 Expredia Resolve Immersion Oil 3.00 1236519 Streck Laboratories SPERM-CHEX POSTVC CTL POSNEGRX 12.00

23-285-000 Fisherbrand Superfrost Disposable Microscope Slides. Standard metric size.

40.00

12-550-143 Fisherbrand ColorFrost Microscope Slides with Clipped Corners-Blue Clipped

150.00

22-037-160 Microbiologics Microbiology QC Slides-Blood Parasite 4.00

SL90-10 HemoCue America StatSpin SafeCrit Plastic Microhematocrit Tubes 5.00 22-274914 Abbott iCassette™ Dx Urine Drug Screen 150.00 22-911-027 BD BBL Prepared Saline Solution- 100x 5mL 3.00 L21819 BD BBL Prepared Saline Solution- 100x 1mL 5.00 L97815 Abbott BinaxNOW Legionella Urinary Antigen Test Kit 15.00 BNX852000 Abbott BinaxNOW Legionella Urinary Antigen Test Control Swab 4.00 BNX852010 Alere Instant Technologies Inc ISCREEN UDS CONTROL LC 6.00 22-034-729 Abbott BinaxNOW Streptococcus pneumoniae Antigen Card Test Kit 15.00 BNX710000 Abbott BinaxNOW Streptococcus pneumoniae Control Swab Pack 4.00 BNX710010 Thermo Scientific MAS UA Controls-1 (60mL) 4.00 23-038-384 Thermo Scientific MAS UA Controls-2 (60mL) 4.00 23-038-381 Siemens Healthineers Multistix and Uristix Reagent Strips 60.00 AM-2166 VistaLab Technologies Pipette Tips: Macro- 10mL 25.00 22-146-323 VistaLab Technologies Pipette Tips: Macro- 5mL 60.00 22-146-688 Thermo Scientific Finntip Pipette Tips- 10µL 2.00 21-377-208 Fisherbrand Standardization Pipet Tips 10.00 02-681-135 VistaLab Technologies Pipette Tips: Sterile, Non-Filtered 10.00 22-146-358 Thermo Scientific Finntip Pipette Tips-1000µL 8.00 21-377-840 Kova Plastics by Alltrista Economy Tubes 4.00 VT87138 Kova Plastics by Alltrista Glasstic Slide 10 4.00 22-749754 Starplex Scientific False Bottom Analyzer Tube 4.00 14-375-439 Starplex Scientific False Bottom Analyzer Tube 4.00 14-375-441 Fisherbrand Sterile Disposable Standard Serological Pipets-25mL 4.00 13-678-14B Fisherbrand Sterile Disposable Standard Serological Pipets-10mL 4.00 13-678-12E Falcon Bacteriological Petri Dishes with Lid 10.00 08-757-100B Methanol (HPLC), Fisher Chemical-4L 10.00 A452-4 Fisherbrand Qualitative Grade Plain Filter Paper Circles - P8 Grade 8.00

09-795J Buffer, Reference Standard, pH 4.00 ± 0.01 at 25°C (Color Coded Red), Ricca Chemical 15.00

1501-32 Buffer, Reference Standard, pH 7.00 ± 0.01 at 25°C (Color Coded Yellow), Ricca Chemical 15.00

1551-32 Advanced Instruments Osmometer Calibration Standards-50 mOsm/kg 6.00

22-046746 Advanced Instruments Osmometer Calibration Standards-850 mOsm/kg 6.00

22-046752 Clinitrol 290 Reference Solution; Advanced Instruments 6.00 22-046749 Amcor Parafilm™ M Laboratory Film 10.00 13-374-12 Fisherbrand™ Slide Holders 10.00 12-588-25 Globe Scientific Rectangle Cover Glass 5.00 22-170-389 Fisherbrand Lens Paper 5.00 11-996 IPA (Isopropyl Alcohol), 70% v/v, Fisher Chemical 4.00

A459-500 Thermo Scientific Samco Fine Tip Transfer Pipettes. 5.4 mL, Non-sterile, 3.1 mL 4.00

13-711-29 HemoCue America Iris Sample Processing StatSpinExpress 3 and 4 Accessories: Bowl Liner 2.00

22-269-330 SEKISUI Diagnostics OSOM hCG Serum Controls 15.00 22-071-091 SEKISUI Diagnostics OSOM hCG Urine Controls 15.00 22-071-066 Fisherbrand Blood Bank Saline 0.85% - 0.9% 40.00 23-535435 Thermo Scientific Orion pH Buffer Bottles 475 mL, 4.01 ± 0.01 pH 15.00 13-301-133 Thermo Scientific Orion pH Buffer Bottles 475 mL, 10.01 ± 0.02 pH 15.00 13-079-319 Thermo Scientific Orion pH Buffer Bottles 475 mL, 7.00 ± 0.01 pH 15.00 13-641-857 Sodium Chloride, 5% w/v, Reagents 10.00

01-333-760 Thermo Scientific Orion pH Buffer Bottles 475 mL, 9.18 ± 0.01 pH 15.00

13-643-004 Thermo Scientific Orion pH Electrode Storage Solutions ROSS pH Electrode, 475 mL 5.00

13-303-160 Thermo Scientific Orion pH Electrode Filling Solution Surfactant Electrode Fill, 5 x 60 mL 5.00

13-641-755 Thermo Scientific Orion pH Electrode Cleaning Solutions il and Grease Removal (D), 4 x 60 mL 3.00

13-642-587 Quantimetrix Spinalscopics Spinal Fluid Cell Count Control Level 1 6.00 NC9643558 Quantimetrix Spinalscopics Spinal Fluid Cell Count Control Level 2 6.00

NC9643559

Med Vet International McKesson Capillary Tube Holding Tray, 24 Place, 553, 10/Box 4.00

50-304-3928 Fisherbrand™ Urine Transfer Straw 15.00 23-555-801 Sarstedt Round Bottom Polystyrene Tube without Cap 40.00 NC9054471 Sarstedt Inc Tube, 5 ml, (LxØ): 75 x 13 mm, PS, 500/pack 50.00 NC1215924 Globe Scientific Square Cover Glass 4.00

22-170-374 Sigma Aldrich Fine Chemicals Biosciences Hyaluronidase from Bovine Testes | 37326-33-3 | MFCD00131351 | 100mg 8.00

50-178-0251 Buffer, Reference Standard, pH 9.18 ± 0.01 at 25°C, Ricca Chemical 15.00 1595-16 IUPAC pH Standards, Hach Lange™ (pH 7.0) 15.00 50-199-8093 pH Buffer Standard Solutions pH 10.012, Hach Lange 15.00 50-199-8096 Advanced Instruments CAL STD 2000 MOSM 2MLX10/PK 6.00

23-046-773 Optics Planet Inc Advanced Instruments Thermal Printer Paper, FLA835 6.00

NC1155937 Advanced Instruments Micro-Sample Test Kit 20.00 22-047-530 Simport™ Scientific Polyethylene Flange Plug Caps 15.00 22-045-425 Uline 1131 Labels/Flred(8Rolls/2500) 10.00 NC0436185 Viva Products BJP-10/40 Clinical Concentrator, with pipettes 20.00 50-311-843 Sigma Aldrich Fine Chemicals Biosciences Giemsa stain 6.00

50-290-2186

Sigma Aldrich Fine Chemicals Biosciences Wright stain certified by the Biological Stain Commission | 68988-92-1 | MFCD00082143 | 100g 6.00

501784487 Methanol (Certified ACS), Fisher Chemical™ Poly Bottle 300.00 A412-4 Hach Company Filling Solution KCl 100mL 5.00 50-002-07066 Fisherbrand Premium Microcentrifuge Tubes: 1.5mL 10.00

23278300 DRI ETHYL ALC ASSAY 100ML 60.00

100040 AMPHETAMINE/ECSTASY LC 18.00

23278229 CEDIA METHADN METAB ASSAY 65ML 60.00

23278202 CEDIA AMPHET ECSTASY ASSY 65ML 50.00

23278210 CEDIA BUPRENORPHN ASSAY 65ML 60.00

23278385 DRI OXYCODONE RGT DAU 68ML 60.00

21200433 CEDIA BARB RGT KT 495ML RX 12.00

21200434 CEDIA COCANE RGT KT 1X495ML RX 12.00

21200435 CEDIA OPIATE RGT KT 1X495ML RX 12.00

21200436 CEDIA THC RGT KT 1 X 495ML 12.00

21200437 CEDIA METHADN RGT KT 495ML RX 12.00

21200438 BENZODIAZ ASSAY 1 X 495 ML 12.00

21200439 CEDIA PCP RGT KT 1 X 495ML RX 12.00

23278319 DRI COTININE ASSAY KIT 100ML 30.00

10028872 DRI FENTANYL II ASSY 1X115MLRX 60.00

*ALL reagents and supplies must perform according to manufacturer’s guidelines.

4. Period of Performance:

Base year: June 1,2026 -May 31,2027 Option Year 1: June 1, 2027- May 31,2028 Option Year 2: June 1, 2028- May 31,2029 Option Year 3: June 1, 2029- May 31,2030 Option Year 4: June 1, 2030- May 31,2031

5. Deliverables/Supplies:

All items listed in the document are to be supplied by one vendor. No substitutions of kits, supplies or reagents, or components as the request is for items used for current validated testing. Items will be ordered as needed by Core Lab staff.

6. Vendor Security Contract Requirements: This vendor requires no access to VANTHCS or any VA information system.

NO VA DATA OF ANY TYPE SHALL BE TRANSFERRED FROM THE VA.

7. Records Management: All records (administrative and program specific) created during the period of the contract belong to VA North Texas Health Care System (VANTHCS) and must be returned to VANTHCS at the end of the contract.

8.PERSONNEL QUALIFICATIONS: The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this SOW. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The working history of each contractor employee must contain experience directly related to the task and functions he/she intends to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purpose of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the /SOWPWS in an efficient, reliable, and professional manner. The normal manner of dress is business casual.

a. Specific Personnel Qualifications Requirements –Personnel assigned to or utilized by the contractor in the performance of this contract shall, as a minimum:

Be qualified by the contractor as capable of performing as a field service representative.

9. PERFORMANCE STANDARDS AND QUALITY MEASUREMENT:

a. Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection.

b. Performance Evaluation: After acceptance of the contract the system will be monitored for equipment performance including but not limited to; safety (recall Notifications and changes in reagents and equipment notifications), quality assurance (emergency repairs response, hot line troubleshooting response, quality of results compared to peer groups and CAP performance) and documentation (invoice accountability and invoice verification, equipment specification and user manuals), customer satisfaction (response to complaints and laboratory employees training).

10. NARA RM LANGUAGE CLAUSE: Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs.

21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

a. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

b. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

c. VA North Texas Health Care System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA North Texas Health Care System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

d. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA North Texas Health Care System. The agency must report promptly to NARA in accordance with 36 CFR 1230.

e. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA North Texas Health Care System control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

f. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA North Texas Health Care System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

g. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA North Texas Health Care System policy.

h. The Contractor shall not create or maintain any records containing any non-public VA North

Texas Health Care System information that are not specifically tied to or authorized by the contract.

i. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

j. The VA North Texas Health Care System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which VA North Texas Health Care System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. TRAINING: All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

12. PRIVACY: Contractors and subcontractors must adhere to the provisions of Public Law

104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS).

a. As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities, Veterans Health Administration (VHA). In accordance with HIPAA, the contractor may be required to enter into a Business Associate Agreement (BAA) with VHA.

b. Business associates must follow VHA privacy policies and practices when applicable. All contractors and business associates must receive privacy training annually.

c. For contractors and business associates who do not have access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS Standards for Privacy of Individually Identifiable Health Information as determined by VHA.

d. For contractors and business associates who are granted access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training or other VHA approved privacy training. Proof of training is required upon request.

References:

VHA Directive 6300 VA Handbook 6300.1 North Texas VA Medical Center Policy

VA Directive 6500 36 CFR Part 1222.32 (b)

See attached document: SCHEDULE.

See attached document: DELIVERY.

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/ https://www.acquisition.gov/far-overhaul

(End of Clause)

FAR

Number

Title Date

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT ALTERNATE I (NOV 2021)

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS

OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEVIATION)

OCT 2025

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS

(DEVIATION)

NOV 2025

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (DEVIATION)

NOV 2025

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION)

MAR 2026

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

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

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

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEVIATION)

NOV 2025

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

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (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

52.232-33 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

52.242-17 GOVERNMENT DELAY OF WORK 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

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

852.246-71 REJECTED GOODS OCT 2018

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01 September 2026 through 31 August 2031.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $550,000.00;

(2) Any order for a combination of items in excess of $2,750,000.00; or

(3) A series of orders from the same ordering office within one (1) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 August 2031.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of expiration.

(End of Clause)

C.6 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.7 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…