C03 36C25726P0596.pdf

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Audiology VEMP
Solicitation number
36C25726P0596
Issued by

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This is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services awarded to Veterans Healthcare Supply Solutions, Inc. by the Department of Veterans Affairs, Network Contracting Office 17, located in San Antonio, Texas.

The contract awards the purchase of an Interacoustics Eclipse VEMP (Vestibular Evoked Myogenic Potential) testing system replacement for the El Paso VA Medical Center. The contract includes four line items totaling $49,853.70: Item 0001 – E3 EQ 8531160 EP25 DP/TEOAE/ASSR/VEMP equipment ($43,273.06); Item 0002 – Laptop PC-WIN 10 ($2,869.83); Item 0003 – OtoAccess Database Software ($716.21); and Item 0004 – Installation and Training ($2,994.60). All items are classified under NAICS Code 334111 (Electronic Computer Manufacturing) and PSC 6515 (Medical and Surgical Instruments, Equipment, and Supplies). The contract period runs from June 30, 2026, to September 30, 2026, with delivery required within 60 days after receipt of order (ARO) to El Paso VA Medical Center, marked for Melissa A. Silva. FOB is set to Destination. Payment is processed through the Tungsten Network electronic invoicing system at http://www.fsc.va.gov/einvoice.asp. The contract incorporates multiple FAR clauses by reference and includes provisions for software updates, unlimited telephone and email support, troubleshooting and repair services, and compliance with VA security, privacy, and records management requirements. Normal hours of operation are Monday through Friday, 8:00 a.m. to 5:00 p.m. Mountain Standard Time, excluding federal holidays.

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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

756-26-3-960-0150

756-A60014

36C25726P0596

AWARDED: SEE 31A

36C25726Q0665

Michael A Grier (210)996-8817

36C671

Department Of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

X

334111

1250 Employees

N/A

Department of Veterans Affairs

SEE STATEMENT OF WORK FOR DELIVERY

DETAILS

36C671

Department Of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

65HC5

VETERANS HEALTHCARE SUPPLY SOLUTIONS, INC

VETERANS HEALTHCARE SUPPLY SOLUTIONS, INC

2615 PORT INDUSTRIAL DR UNIT 405

JACKSONVILLE FL 32226

TLTXKMLQEYU9

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 (512) 460-5540

See CONTINUATION Page

Please reference PO 756-A60014 on all invoices for prompt

Payment.

$49,853.70

756-3660160-960-822800-3131 010040157

X

X 1 X 1331775 6/22/2026

TOMMY HAIRE

Richard Daege Account Manager

6/26/2026

TOMMY HAIRE Digitally signed by TOMMY HAIRE Date: 2026.06.29 09:47:20 -05'00'

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

B.2 DELIVERY SCHEDULE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

0001 1.00 EA $43,273.06 $43,273.06

E3 EQ 8531160

EP25 DP/TEOAE/ ASSR/VEMP

Contract Period: Base POP Begin: 06-30-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 8531160

0002 1.00 EA $2,869.83 $2,869.83

E3 EQ 8506058

LAPTOP PC-WIN 10

Contract Period: Base POP Begin: 06-30-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 8531160

0003 1.00 EA $716.21 $716.21

E3 EQ 8517470

OTOACCESS DATABASE SW

Contract Period: Base POP Begin: 06-30-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 8531160

0004 1.00 EA $2,994.60 $2,994.60

INSTALLATION AND TRAINING

Contract Period: Base POP Begin: 06-30-2026 POP End: 09-30-2026

PRINCIPAL NAICS CODE: 334111 - Electronic Computer Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 8531160

GRAND

TOTAL

$49,853.70

ACCOUNTING AND APPROPRIATION DATA

ACRN APPROPRIATION

REQUISITION

NUMBER AMOUNT

1 756-3660160-960-822800 Audiology and Speech Pa- 3131 Medical, Dental, and Scie-010040157

756-26-3-960-0150 (P)

$0.00

B.2 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: DEPARTMENT OF

VETERANS AFFAIRS

El Paso VA Medical Center 5001 N Piedras St El Paso, TX 79930 4210

USA

1.00 60 Days ARO

MARK FOR: Silva, Melissa A.

(915) 564-6100 6549 melissa.silva@va.gov

FOB: DESTINATION

B.3 STATEMENT OF WORK

The Department of Veterans Affairs, El Paso VA Health Care System (EPVAHCS), has requirement for a replacement the Interacoustics Eclipse VEMP software and laptop equipment. The Contractor shall provide all labor, material, tools, management, travel, and equipment necessary to supply the equipment to El Paso VA Medical Center in accordance with the specifications of the Statement of Work as stated below:

SPECIFICATIONS (BRAND NAME ONLY)

The Interacoustics Eclipse VEMP software and laptop is a replacement of the current system. The laptop is end of life cycle and a new laptop would not support the older version of the VEMP software. Laptop is at the end of life in FY26.

The product shall be equal or exceed the below salient characteristics to be considered:

Common Nomenclature (commercial description):

VEMP testing system with laptop

Kind of material (i.e., type, grade, alternatives, etc.):

No applicable

Electrical Data (i.e., 110 v, 60 Hz, 3 Ph, etc.):

100-240 V

Dimensions, size, capacity:

Dimensions (each):

Length: Approximately 30-40 cm (12-16 inches)

Width: Approximately 25-35 cm (10-14 inches)

Height: Approximately 10-20 cm (4-8 inches)

Weight: Approximately no more than

5 kg (11lbs)

Principles of operation listed with subcategories in detail:

• VEMP features: EMG VEMP monitoring; EMG scaling

• VEMP - Tests: ECOG, ABR, MLR, LLR, MMN, P300, DP Dx & Scr; TE Scr;

ASSR AC/BC; cVEMP/oVEMP

• DP features: 12 frequency DPOAE;

weighted averaging; DP reliability criteria; higher DP resolution; 500Hz- 10KHz DP freq range

• ASSR features: automatic waveform analysis; multi-freq binaural simultaneous testing; masking calculator

• Laptop compatible with testing software system

Restrictive environmental conditions:

• Not applicable

Intended use:

• EMG VEMP monitoring

Equipment with which the item is used with (N/A if not applicable):

• electrodes; skin prep materials, ear tips

End item application:

• To achieve reliable test data reaction to stimuli to screen or diagnose patients accurately and efficiently

Existing equipment manufacturer part number:

• Interacoustics Eclipse Balance System

Other pertinent information that describes the item, material or service required:

• Must include testing system software and laptop

1.1 Software Applications

The Contractor shall provide and update all software applications, as they become available, through usual commercial channels. The Contractor shall make recommendations for application upgrades. “Software” means the application software and license to the Customer by the original software developer. “Customer” means the site of the firm, group, company, or corporation.

1.2 Software Support Services

The Contractor must provide unlimited telephone and email support to Customer inquiries regarding the use and operation of the software. This does not include training in the use of the equipment, customer modifications, product development, or modification of existing source codes belonging to the

Government.

1.3 Troubleshooting and Repair

Any problems with the system must be isolated and repaired by the Contractor.

The Contractor will trouble shoot the hardware, software, and communications equipment to determine the best method of repair. If problems are found, the Contractor shall contact the appropriate and authorized maintenance organization or company and track the trouble call until it is resolved.

1.4 Contractor Responsibilities

During the term of this contract, the Contractor shall provide support at the Customers request and will use its best efforts to provide prompt software support services to the Customer by telephone. The Contractor shall provide telephone support to Customers between the hours of 8:00 am and 5:00 pm mountain time, Monday through Friday, excluding holidays recognized by the VA.

The Contractor shall use its best efforts to respond promptly to all inquiries by the customer within one (1) hour of notification that service is required.

1.0 GENERAL INFORMATION

2.1 Hours of Operation

Normal hours of operation are Monday through Friday from 8:00 am to 5:00 pm

MST, excluding holidays. All services shall be performed during normal hours of coverage unless requested and approved by the COR. Due to the nature of the project, the Contractor understands that a portion of the work shall be performed in occupied areas. Therefore, work shall be performed in strict accordance with the Conformance Standards and OSHA regulations. Contractor shall perform work in a professional manner and shall minimize the disruption of normal operations of the facility including the occupied patient and staff areas.

Federal Holidays observed by the VAMC are:

New Year's Day Labor Day Memorial Day

Thanksgiving Day Christmas Day Juneteenth

M L King's Birthday Columbus Day President's Day Veterans Day Independence Day

Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

2.0 FACILITY POINT OF CONTACT

POC: Melissa Silva

Phone 915-564-6100 Ext. 6549

Email: melissa.silva@va.gov

ELVAHCS, 5001 N. Piedras St. El Paso, TX 79930

3.0 SECURITY REQUIREMENTS

The Contractor’s employees must wear visible identification and company uniforms, approved by the COR, at all times while on the premises of the VAMC.

It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section or the COR. The VAMC will not invalidate or make reimbursement for any parking violations of the Contractor under any conditions. Smoking is prohibited inside any building at the VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, must be subject to a search. Violations of VA regulations may result in citations answerable in the United States (Federal) District court, not a local district, state, or municipal court.

5.0 INFORMATION SYSTEMS OFFICER, INFORMATION PROTECTION:

The contractor shall not have access to VA Desktop computers, nor shall they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units shall remain in VA control and shall not be removed from VA custody.

6.0 Privacy Officer:

The contractor shall not have access to Patient Health Information (PHI) nor shall they have the capability of accessing patient information during the services provided to the VA.

7.0 NARA Records Management Language for Contracts

1. 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.

2. 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.

3. 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.

4. El Paso Veteran Affairs Health Care System (EPVAHCS) 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 EPVAHCS 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.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to EPVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. 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 EPVAHCS 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).

6. 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 EPVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with

EPVAHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public EPVAHCS information that are not specifically tied to or authorized by the contract.

9. 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.

10. The EPVAHCS 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 EPVAHCS 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.

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):

FAR

NUMBER

TITLE DATE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS

NOV 2023

52.203-19

52.204-13

PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR

STATEMENTS.

SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

JAN 2017

OCT 2018

52.209-10

52.209-6

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS. (DEVIATION NOV

2025)

PROTECTING THE GOVERNMENT'S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, PROPOSED FOR

DEBARMENT, OR VOLUNTARILY EXCLUDED.

(DEVIATION NOV 2025)

NOV 2015

JAN 2025

52.212-4

52.219-28

CONTRACT TERMS AND CONDITIONS-

COMMERCIAL PRODUCTS AND COMMERCIAL

POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (DEVIATION NOV 2025)

NOV 2023

52.222-3 CONVICT LABOR. JUN 2003

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES

JAN 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2025

52.226-8

52.225-3

ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING.

BUY AMERICAN—FREE TRADE AGREEMENTS—

ISRAELI TRADE ACT (DEVIATION)

MAY 2024

NOV 2025

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

OTHER THAN SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40

52.233-3

PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS.

PROTEST AFTER AWARD.

MAR 2023

AUG 1996

52.233-4

52.240-91 52.244-6

APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM.

SECURITY PROHIBITIONS AND EXCLUSIONS.

SUBCONTRACTS FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES.

OCT 2024

NOV 2025

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS

NOV 2018

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.3 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)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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