RFQ 36C24926Q0144_1 Sim Manikin1.docx

DOCX document 249 KB Posted Mar 11, 2026

Attached to: Simulation Manikins
Solicitation number: 36C24926Q0144
Issued by: Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 9

About this file

Written by GovTribe AI · Mar 11, 2026

This is a Request for Quote (RFQ) for simulation manikins and related equipment issued by the Tennessee Valley Healthcare System (TVHS), an operating unit of the Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 9. The procurement is set aside 100% for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns and will result in a single award firm-fixed-price purchase order with a performance period from April 6, 2026, to June 30, 2026. The solicitation number is 36C24926Q0144, with an offer due date of March 27, 2026, at 5:00 PM EDT, and questions must be submitted by March 20, 2026, at 12:00 PM EST to Kristie.Collins@va.gov.

TVHS seeks to procure one new SimMan 3G Plus manikin with medium skin and accessories and one new SimMama simulation manikin with accessories to support clinical training and Veteran patient safety at the Alvin C. York Campus. The price/cost schedule lists 38 line items including the two primary manikins, power cords, instructor monitors, routers, installation services, educational bundles, maintenance plans, and extended warranties. All items must be delivered within 45 days of purchase order award to 3400 Lebanon Road, Murfreesboro, TN 37129. Invoices must be submitted electronically upon completion and acceptance to VA FSC P.O. Box 149971, Austin, TX 78714, with payment made within NET 15 days. The contractor must ensure all equipment is fully functional, provide technical service training if applicable, supply a one-year warranty, furnish cleaning and disinfecting protocols with acceptable chemistry lists, and provide recalls and field engineering change notices for proposed batteries from the past 24 months. Offers must be submitted via email and only certified SDVOSB contractors registered in the SBA certification database are eligible for award.

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36C24926Q0144

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

626-26-2-313-0089

03-11-2026 Kristie Collins 423-461-7935 03-27-2026 5:00pm

EDT

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

513210 $47 Million

NET 15

N/A

Department of Veterans Affairs Tennessee Valley Healthcare System TVHS Alvin C. York Campus 3400 Lebanon Rd Murfreesboro TN 37129 90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129

90C FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135

See CONTINUATION Page Tennessee Valley Healthcare System (TVHS), Request for Quote (RFQ) IAW FAR Part 13 to provide Simulation Manikins as outlined in the Statement of Work. Comparative evaluations of quotes will be performed IAW FAR 13.106-2(b)(3) best value based on price and other factors. (See E.6 Evaluation of Quotes). This requirement is 100% set aside for Service- Disabled Veteran Owned Small Business (SDVOSB) contractors.

This RFQ will result in a single award purchase order with a Period of Performance of April 6, 2026 to June 30, 2026.

The TVHS VA Medical Center is seeking to purchase Brand Name or Equal Simulator Manikins and Accessories.

Please have all quotes submitted by 5pm EST on 03/27/2026.

Please email questions by 12pm EST on 03/20/2026.

SDVOSB contractors must be verified in Small Business Search https://search.certifications.sba.gov/

See CONTINUATION Page 626-3660160-313-820100-3131 010044198

Scott Dickey Contracting Officer

Table of Contents

SECTION A	1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES	1
SECTION B - CONTINUATION OF SF 1449 BLOCKS	4
B.1 CONTRACT ADMINISTRATION DATA	4
B.2 STATEMENT OF WORK (SOW)	4
B.3 PRICE/COST SCHEDULE	8
B.4 DELIVERY SCHEDULE	14
SECTION C - CONTRACT CLAUSES	15
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)	15
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)	19
C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)	19
C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)	27
C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)	29
C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)	30
C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)	31
C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)	31
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS	38
D.1 NOTHING ADDED OR CHANGED	38
SECTION E - SOLICITATION PROVISIONS	39
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)	39
E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES	42
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)	42
E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)	43
E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)	43
E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)	46
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)	46

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:

Name:

Title:

Phone Number:

Email:

SAM Unique Entity Identifier (UEI):

b. GOVERNMENT: Contracting Officer 36C249 Scott Dickey Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

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] UPON COMPLETION AND ACCEPTANCE

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.

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 (SOW)

Tennessee Valley Healthcare System (TVHS)

Contract Title: Procurement of VISN 9 Sim Lab Manikins, training, service

1. General:

The mission of the medical simulation at the Tennessee Valley VA Healthcare System (TVHS) is to support Veteran Patient Safety and provide clinical readiness. In this capacity, we serve all clinical sections and departments of the TVHS in clinical training including those that fulfill local Standard Operating Procedures (SOPs)-based needs and national directives. Furthermore, we support clinical trainee education and serve as the solutioning home for facility proactive readiness, sentinel events, and root causes analyses. In total, we serve thousands of employees throughout the Tennessee Valley Healthcare System (TVHS) Enterprise providing enhanced clinical readiness for actionable insights into improvement of services.

2. Background:

In order to provide the most realistic medical simulations, we need to utilize a variety of training devices including high fidelity and ALS mannequins. Were we not providing clinical training for the enterprise, this would result in training being needed to be conducted in the private sector associated with high monetary expenditure and associated travel expenses. Furthermore, this would result in decreased clinician compliance and increased delinquencies as we provide the convenience of in-hospital training. Additionally, our in-house location allows for minimal time away from direct Veteran patient care. TVHS Organizational Development service utilizes SimMan 3G Plus Manikins and accessories requested in SEPG 508702, EER 276316 to help Veterans because they can replicate a wide range of conditions and abnormalities. This technology allows students/staff to practice critical skills such as monitoring and interpreting vital signs. A simulation lab is designed to provide immersive learning experiences for healthcare practitioners and students. A simulation center, which consists of realistic clinical sim lab rooms, manikins and equipment, allows learners to practice and develop clinical expertise without any risk of patient harm. Learners utilize these spaces to apply their theoretical knowledge in carefully created hands-on scenarios that mimic various clinical situations inside the simulation labs.

3. Scope:

This requirement is to provide brand name or equal equipment that meets or exceeds the physical, functional and performance of the listed salient characteristics. The equipment features listed are essential to the technical requirements to meet the need of the government. The contractor shall provide all resources for the delivery of the items in this statement of need necessary to accomplish the deliverables described in this Statement of Work (SOW). The vendor shall provide and deliver all equipment relevant to those listed on the service contracted invoice. This procurement contract will provide TVHS Alvin C. York, Organizational Development service with 1 new SimMan 3G Plus and 1 new SimMama Simulation Manikins and accessories. The Contractor shall provide products that meet all elements of Section 4. Equipment Requirements and Technical Elements of this SOW. The Contractor shall meet any provisions noted in Section 5. Specific Tasks and Section 6. Terms and Conditions of this SOW.

4. Equipment Requirements and Technical Elements:

Contractor shall provide equipment that meets (or exceeds) the technical requirements below:

1. The SimMan 3G Plus and SimMama Simulation Manikins and accessories shall have the following specifications:

· Products shall be fully functional.

· Provide clinical training for users.

· Provide technical service training (if applicable).

· Warranty: Provided SimMan 3G Plus and SimMama Simulation Manikins and accessories shall have a one (1) year warranty.

5. Specific Tasks:

i. The vendor shall provide the new SimMan 3G Plus and SimMama Simulation Manikins and accessories as required in the PO within 45 days after receipt of order and ship to TVHS.

6. Terms and Conditions:

i. The offering vendor shall provide a listing of all Recalls and Field Engineering Change notices pertaining to the proposed batteries over the past 24 months.

ii. Cleaning and disinfecting protocols for the proposed SimMan 3G Plus and SimMama Simulation Manikins and accessories shall be provided and demonstrated to staff by the offering vendor. A list of acceptable cleaning and disinfecting chemistries shall be included with the purchase of the proposed SimMan 3G Plus and SimMama Simulation Manikins and accessories.

iii. The Contractor shall only invoice for the total amount agreed to on this procurement contract. The Contractor shall not conduct any work not included within this SOW/provided by the original pricing of this contract, including but not limited to labor, travel, parts provision, and shipping. If any additional services or equipment is necessary, the Contractor shall contact the Contracting Officer (CO) and Contracting Officer Representative (COR) immediately. The Contractor shall be liable for any work conducted (or equipment provided) outside the scope of this SOW (original order) without approval from the CO.

iv. All correspondence, service reports, and invoicing shall be in English and clearly legible.

7. Performance Monitoring:

i. Contact with the vendor will continue after the equipment is purchased and set-up to ensure the SimMan 3G Plus and SimMama Simulation Manikins and accessories pass initial inspection conducted by TVHS Biomedical Engineering staff. Biomedical Engineering will ensure all hardware is set-up correctly and working properly as part of the acceptance process.

8. Invoicing:

i. Invoices shall be submitted electronically in arrears to the address indicated VA FSC P.O. Box 149971 Austin, TX 78714. Please reference the Purchase Order Number (i.e., 626-A00000).

ii. Payment will be made upon receipt of a properly prepared, itemized invoice, validated by the COR, and submitted electronically.

iii. A proper invoice will contain:

· Contractor’s name and address

· Accurate purchase order number

· Dates of performed services

· Total amount due

· Location of service performed

9. Delivery Address:

Alvin C. York VA Medical Center 3400 Lebanon Rd Murfreesboro, TN 37129

10. Period of Performance:

Period of Performance (POP) 04/06/2026 through 06/30/2026. All proposed products shall be delivered to TVHS within 45 days of award.

11. Security:

The C&A requirements do not apply, and the Security Accreditation Package is NOT required.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER

DESCRIPTION OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

1.00

_________________

SIMMAN 3G PLUS MANIKIN MEDIUM SKIN &ACCESSORIES

Contract Period: Base POP Begin: 04-06-2026 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

LOCAL STOCK NUMBER: 212-03150

1.00

_________________

POWER-CORD (US)

POP Begin: 04-06-2026 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

LOCAL STOCK NUMBER: 260305

1.00

_________________

LAPTOP INSTRUCTOR - PATIENT MONITOR

LOCAL STOCK NUMBER: 400-10201

1.00

_________________

ALL IN ONE PANEL PC INSTRUCTOR - PATIENT MONITOR

LOCAL STOCK NUMBER: 400-29301

1.00

_________________

MUDI/OUTDOOR SIMULATION ROUTER

LOCAL STOCK NUMBER: 400-93050

1.00

_________________

SM3G PLUS STUD-DEFIB SKIN - TORSO SKIN + STUDS MEDIUM

LOCAL STOCK NUMBER: 212-97655-M

1.00

_________________

DEFIB STUDS COVERIOSN AT INSTALL

LOCAL STOCK NUMBER: SM-D-CONV-I

1.00

_________________

SIMMAN 3G PLUS INSTALLATION

LOCAL STOCK NUMBER: 212-P83050

1.00

_________________

SIMMAN 3G PLUS EDU BUNDLE GETTING STARTED/LLEAP

LOCAL STOCK NUMBER: 212-B-EDBNDL1P

1.00

_________________

S3G PLUS ON-DEMAND PERIODIC MAINTENANCE PLAN

LOCAL STOCK NUMBER: 212-3GPPM-OD

1.00

_________________

MAMA ANNE DARK

LOCAL STOCK NUMBER: 380-00250

1.00

_________________

CABLE,POWER,C5,2M,US CBL-PWRC5- US-2M

LOCAL STOCK NUMBER: 260320

1.00

_________________

MAMA BIRTHIE COMPLETE DARK WITH C SECTION MODULE

LOCAL STOCK NUMBER: 370-00033

1.00

_________________

LLEAP SOFTWARE LICENSE

LOCAL STOCK NUMBER: 400-01050

1.00

_________________

LAPTOP INSTRUCTOR - PATIENT MONITOR

1.00

_________________

ALL IN ONE PANEL PC INSTRUCTOR - PATIENT MONITOR

1.00

_________________

MUDI/OUTDOOR SIMULATION ROUTER

1.00

_________________

MAMA ANNE INSTALLATION

LOCAL STOCK NUMBER: 380-83050

1.00

_________________

MAMA ANNE GETTING STARTED 1 DAY

LOCAL STOCK NUMBER: 380-EDGS100

1.00

_________________

MAMA ANNE ON-DEMAND PERIODIC MAINTENANCE CUSTOMERF SITE

LOCAL STOCK NUMBER: 380-MAPM-OD

1.00

_________________

NURSING ANNE SIMULATOR AND ACCESSORIES (DARK SKIN TONE)

LOCAL STOCK NUMBER: 320-04050

1.00

_________________

NURSING ANNE GENERIC UPGRADE KIT (DARK SKINTONE)

LOCAL STOCK NUMBER: 322-10550-D

1.00

_________________

LLEAP SOFTWARE LICENSE

LOCAL STOCK NUMBER: 400-01050

1.00

_________________

LAPTOP INSTRUCTOR - PATIENT MONITOR

1.00

ALL IN ONE PANEL PC INSTRUCTOR - PATIENT MONITOR

1.00

_________________

MUDI/OUTDOOR SIMULATION ROUTER

1.00

_________________

NURSING ANNE SIMULATOR INSTALLATION

LOCAL STOCK NUMBER: 320-83050

1.00

_________________

NURSING ANNE SIMULATOR GETTING STARTED ONE DAY

LOCAL STOCK NUMBER: 320-EDGS100

1.00

_________________

NURSING ANNE SIM ON-DEMAND PERIODIC MAINTENANCE CUSTOMER SITE

LOCAL STOCK NUMBER: 320-NASPM-OD

1.00

_________________

CHESTER CHEST W/ ADVANCED ARM

LOCAL STOCK NUMBER: VT-2400-ADV

1.00

_________________

DELUXE DIFFICULT AIRWAY TRAINER

LOCAL STOCK NUMBER: 261-10001

1.00

_________________

INTERCHANGEABLE CATHETERIZATION AND ENEMA SIMULATOR

LOCAL STOCK NUMBER: 375-21001

1.00

_________________

NG TUBE AND TRACH CARE SIMULATOR

LOCAL STOCK NUMBER: 375-10001

1.00

_________________

SIMPAD BLOOD PRESSURE TRAINING ARM

LOCAL STOCK NUMBER: 375-42050

1.00

_________________

_____________

VR CLINICALS FOR NURSING MEDSURG, 1YR

LOCAL STOCK NUMBER: 978-1-9752-2283-3

1.00

_________________

SIMMAN 3G PLUS EXTENDED WARRANTY - YEAR 2

LOCAL STOCK NUMBER: 212-P00050EXW1

1.00

_________________

MAMA ANNE EXTENDED WARRANTY

LOCAL STOCK NUMBER: 380-00050EXW1

1.00

__________________

NURSING ANNE SIMULATOR EXTENDED WARRANTY

LOCAL STOCK NUMBER: 320-00050EXW1

GRAND TOTAL

_________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER

SHIPPING INFORMATION

QUANTITY

DELIVERY DATE

ALL

SHIP TO:

Tennessee Valley Healthcare System

Alvin C. York Campus 3400 Lebanon Pike Murfreesboro, TN 37129

USA

ALL

ON OR BEFORE 06/30/2026

MARK FOR:

FOB:

DESTINATION

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) 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.2 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)

FAR Number

Title

Date

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

NOV 2023

52.204-13

SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION)

NOV 2025

852.203-70

COMMERCIAL ADVERTISING

MAY 2018

852.239-70

SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES

FEB 2023

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

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

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

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

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

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

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

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

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

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

Covered telecommunications equipment or services means—

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

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

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

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

Critical technology means—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Of that equipment; or

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

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

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

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

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

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

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

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

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

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

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

(1) Is developed or provided by a…

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