S02 - 36C25626Q1248.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

598-26-4-6198-0263

36C25626Q1248 09-01-2026

Carmyn E Williams 713-799-0975 09-09-2026

10:00 CDT

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

X 100

X

334516

1000 Employees

N/A

X

Central Arkansas Veterans Healthcare

System (CAVHS)

2200 Fort Roots Dr, Bldg 182

North Little Rock AR 72114-1707

Department of Veterans Affairs

Network Contracting Office 16

Houston TX 77056-5643

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135

Invoice must be submitted electronically

See CONTINUATION Page

The Contractor shall provide Medikors (brand name or equal)

InAlyzer 2-Type M DEXA instrument that includes but not limited to the following: Medikors (brand name or equal)

InAlyzer 2 DEXA instrument, SOMNI (brand name or equal) EPS

-3 Exposure Prevention System (Anesthesia Scavenger), and

Equaflow (brand name or equal) DEXA 6 Mouse Manifold.

All items should be provided by Original Equipment

Manufacturers (OEM) certified vendors.

See CONTINUATION Page

X X

X 1

Anthony Marion

VA-VHA-2021-8BF5EFDA

36C25626Q1248

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.2 52.225-1 BUY AMERICAN—SUPPLIES (NOV 2025) (DEVIATION)

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

(DEVIATION)

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 ADDENDUM INSTRUCTIONS TO OFFERORS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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: Company Name:_________________________________

Address: _______________________________________

POC: __________________________________________

Phone Number: _________________ Email: __________

DUNS #: _______________________ Tax ID: _________

GSA/FSS, NAC/SEWP Contract # (if applicable): _______

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs

Network Contracting Office 16

Houston, TX 77056-5643

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 delivery and acceptance of equipment.

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.

FSC eInvoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

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

AMENDMENT NO DATE

http://www.fsc.va.gov/fsc/einvoice.asp

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

Medikors ((brand name or equal)) InAlyzer2 Type M

Contract Period: Base POP Begin: 09-16-2026 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing PRODUCT/SERVICE CODE: 6525 - Imaging Equipment and Supplies:

Medical, Dental, Veterinary

SOMNI ((brand name or equal) EPS-3 Exposure Prevention System

Contract Period: Base POP Begin: 09-16-2026 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

Equaflow (brand name or equal) DEXA 6 Mouse Manifold (brand name or equal) Contract Period: Base POP Begin: 09-16-2026 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

Training - onsite training for up to three (3) personnel

Contract Period: Base POP Begin: 09-16-2026 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

1.00 JB __________________ __________________

Installation

Contract Period: Base POP Begin: 09-16-2026 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

1.00 JB __________________ __________________

Shipping

Contract Period: Base POP Begin: 09-16-2026 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 334516 - Analytical Laboratory Instrument Manufacturing

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001 SHIP TO: Central Arkansas Veterans

Healthcare System

(CAVHS)

2200 Ft Roots Drive North Little Rock, AR 72114

USA

1.00 11-30-2026

MARK FOR: Robert Justus 501-257-4823 Robert.Justus2@va.gov

FOB: DESTINATION

0002 SHIP TO: Central Arkansas Veterans Healthcare System

(CAVHS)

2200 Ft Roots Drive

0003 SHIP TO: Central Arkansas Veterans

(CAVHS)

2200 Ft Roots Drive

0004 SHIP TO: Central Arkansas Veterans

(CAVHS)

2200 Ft Roots Drive

0005 SHIP TO: Central Arkansas Veterans

(CAVHS)

2200 Ft Roots Drive North Little Rock, AR 72114

0006 SHIP TO: Central Arkansas Veterans

(CAVHS)

2200 Ft Roots Drive

B.4 STATEMENT OF WORK

1. BACKGROUND (Brand Name or Equal)

The Research Service at the Central Arkansas Veterans Healthcare System (CAVHS) in Little Rock, Arkansas, requires a high-resolution Dual-Energy X-ray Absorptiometry (DEXA) system to replace its nonfunctional, obsolete Lunar PIXImus X-ray densitometer.

The requested solution is the Medikors InAlyzer2 INZ2-Type M High-Resolution DEXA instrument—distributed in the United States by Micro Photonics Inc.—or an **equal** system that fully meets the Government’s salient physical, functional, and performance characteristics. This instrument is needed to quantify bone mineral density (BMD) and to conduct whole-body composition analysis (lean and fat mass) in live laboratory animals, supporting the core objectives and specific aims of multiple VA Merit-funded projects at

CAVHS.

Across the preclinical research community—including other VA Medical Centers and academic institutions—the InAlyzer2 Type M (and comparable systems) are in active use for longitudinal bone studies, metabolic research, and small-animal body composition assessment. The required capability measures lean and fat mass in live animals with exceptional image quality, using minimal anesthesia and without dissection, enabling efficient throughput and reproducible results for serial assessments.

DEXA remains the clinical standard of care for diagnosing and monitoring osteoporosis, and the World Health Organization (WHO) recognizes DEXA as the gold standard for measuring bone mineral density with the highest accuracy. Aligning CAVHS’s animal research instrumentation to this modality ensures methodological continuity, precision, and translational relevance to human health outcomes.

CAVHS’s dually appointed VA Merit-funded Investigators—who also operate laboratories at the University of Arkansas for Medical Sciences (UAMS)—have extensive hands-on experience with the InAlyzer2 Type M within the UAMS Musculoskeletal Bone

Core Lab. Equipping CAVHS with a system that meets these established research workflows will immediately restore critical capabilities lost with the PIXImus, reduce training burdens, and facilitate seamless data comparison across VA and university projects.

Accordingly, the Government will solicit this requirement on a **Brand Name or Equal** basis using the Medikors InAlyzer2 INZ2-Type M. Vendors offering an **equal** instrument must demonstrate full compliance with the salient characteristics to support accurate BMD and body composition analysis in live small animals and to operate effectively in a VA preclinical research environment.

2. OBJECTIVE

Acquire and install a high-resolution DEXA instrument—**Brand Name or Equal** to the Medikors InAlyzer2 INZ2-Type M —to restore critical animal research capabilities at CAVHS and support the specific aims of ongoing VA Merit-funded projects. Vendors offering an “equal” instrument must demonstrate full compliance crosswalk with the salient characteristics defined in Section 4.

3. SCOPE

The Contractor shall furnish all labor, equipment, materials, shipping, installation, calibration, training, and related services required to deliver a fully functional DEXA system to CAVHS that meets or exceeds the salient characteristics in Section 4. The solution must be suitable for live small-animal studies in a preclinical VA research environment. It must include the accessories, software, and documentation necessary for routine operation, QA/QC, and data export.

a. One (1) high-resolution DEXA instrument equivalent to the InAlyzer2 Type M

b. SOMNI EPS-3 Exposure Prevention system (Anesthesia Scavenger) or equal

c. Equaflow DEXA 6 Mouse Manifold or equal

4. SALIENT CHARACTERISTICS

a. Hardware & Imaging (includes but not limited to):

i. Scan area: approximately 210 x 315mm. ≥ 210 x 315mm continuous field of view on the acquisition plane (single pass, no tilting).

ii. X-ray generator: dual-energy, 80keV, up to 1.25 mA, fan-beam geometry.

Dual-energy acquisition with two distinct energies; high-energy peak 70-

90 keV, low-energy peak 30-45 keV; tube current ≥ 1.0mA; fan-beam geometry required.

iii. Detector resolution: 99µm pixel size (true high-resolution). Detector sampling pitch: ≤ 100 µm; modulation transfer function (MTF) ≥ 0.5 at 5 lp/mm on manufacturer test pattern (or equivalent documented metric).

iv. Construction: Completely lead-shielded cabinet. Shielding & leakage:

Cabinet must meet laboratory X-ray cabinet safety with leakage ≤ 0.5 mR/hr at 5 cm from any exterior surface during operation (measured with calibrated survey meter); provide test report at installation.

v. Animal use: intended for single or multiple mice/rates, enabling serial assessments with minimal anesthesia and without dissection. Capable of imaging mice (18–40 g) and rats (200–600 g); support single-animal and multi-mouse acquisitions (≥ 4 mice per scan) with positioning fixtures supplied.

vi. Compatibility: universal compatibility with standard isoflurane anesthesia system setups. Anesthesia compatibility: Gas interface must accept ISO

5356-1 compliant 15 mm/22 mm fittings and function with isoflurane scavenging using standard lab hoses; include adapter(s) as needed.

b. Performance (includes but not limited to):

i. Exceptional image quality; rapid scans (e.g., quick modes); minimal anesthesia

ii. Image uniformity: Detector non-uniformity ≤ 2% across full FOV (vendor test report).

iii. Throughput: ≥ 6 mice/hour at whole-body composition mode (including positioning), or single scan time ≤ 5 minutes/mouse at specified resolution.

iv. Dose: Per scan skin-entrance dose ≤ 3 mGy for mouse whole-body composition mode (vendor calculation or dosimetry).

v. BMD accuracy/precision: Accuracy ≤ ± 1.5% vs reference phantom;

short-term precision (CV) ≤ 1.0% (same-day repeat, n≥10).

vi. Composition repeatability: Lean/fat mass repeatability CV ≤ 2.0% on manufacturer phantom or standardized body comp phantom.

c. Software & Data (includes but not limited to):

i. Digital radiography** package for X-ray imaging. Radiography modes:

provide static radiography and DXA modes selectable in UI; radiography export TIFF (≥ 12-bit grayscale).

ii. DXA functions for BMD and body composition; ROI-based measurements. DXA analytics: Must compute total body BMD, regional

BMD (user-defined ROI), and whole-body lean/fat mass; ≥ 10 user-defined ROIs per study; provide ROI templates and phantom calibration workflow.

iii. Data exports to Microsoft Excel and image output in TIFF format. Data export: Numeric outputs to CSV/XLSX; images to TIFF; batch export for ≥

50 scans at once; include study-level audit log (operator, date/time, settings, ROI names).

iv. Operating system compatible with research IT environments (e.g., Windows 10 Pro or equivalent). IT environment: Application must run on

Windows 10 Pro or Windows 11 Pro (64-bit) with manufacturer support;

OS and drivers must be supported through 36 months from award; no persistent connection to VA network required (stand-alone workstation).

d. Standard Accessories & Computer (includes but not limited to):

i. Positioning paper (approximately three pads, 100 sheets/pad).

Positioning consumables: ≥ 3 pads with ≥ 100 sheets/pad of manufacturer-recommended positioning paper.

ii. Reference phantom and calibration phantom. Phantoms: Provide one reference BMD phantom (hydroxyapatite equivalent), one daily calibration phantom; daily drift tolerance ≤ ±0.5% with auto-alert on out-of-tolerance.

iii. PC and monitor suitable for image acquisition and analysis (e.g., Lenovo

PC; lab-grade display). Workstation minimum: CPU ≥ 8 logical cores, RAM ≥ 32 GB, SSD ≥ 1 TB, GPU capable of OpenGL 4.5 (if required), dual-monitor ready; primary display ≥ 24″, ≥ 1920×1080 resolution, calibrated to gamma 2.2.

5. DELIVERY, INSTALLATION, and TRAINING

a. Ship-to/Delivery Address

CAVHS – VA Medical Center

2200 Fort Roots Drive, Building 182 – Warehouse

North Little Rock, AR 72114

b. Installation & Training - Schedule: Installation and training shall be completed in one (1) to two (2) days after delivery.

i. Schedule: Installation ≤ 10 (ten) business days after delivery; on-site training ≥ eight (8) hours for up to three (3) personnel withing five (5) business days of installation.

ii. Calibration check and radiation safety check: Acceptance tests:

Contractor performs calibration verification (meets phantom specs above), radiation survey (leakage ≤ 0.5 mR/hr), and functional verification by acquiring ≥ two (2) demo scans (phantom or live) producing BMD & composition outputs that meet accuracy/precision salients.

iii. Data export (Excel/TIFF) consistent with Section 4: Acceptance export;

provide sample CSV/XLSX + TIFF for demo scans; verify audit log entries and ROI metadata present.

6. SECURITY, PRIVACY, and IT

a. No VA network or desktop access is required for the Contractor; the acquisition does not require a security accreditation package.

b. The Contractor will not access Protected Health Information (PHI) or patient data.

If equipment is removed from VA for service, any memory storage devices (hard drives, SSDs, non-volatile memory) shall remain in VA custody. Research data available for Contractor analysis will be de-identified.

7. WARRANTY and SUPPORT

≥ twelve (12) months parts & labor, on-site service; response time ≤ three (3) business days; preventative maintenance recommendations furnished; software updates

(minor/patches) provided within warranty.

8. ACCEPTANCE CRITERIA

CAVHS will accept the system upon successful completion of the steps below:

a. Physical delivery of all contracted items to the addresses above, with packing lists and manuals.

b. Installation with calibration check and radiation safety check documented and passed.

c. Training delivered to designated staff (up to three personnel).

d. Functional verification: demonstration scans of live small animals or phantoms showing BMD and body composition outputs (Excel/TIFF) consistent with Section

4.

9. CONTRACTOR QUALIFICATIONS

All items (instrument and listed accessories) shall be supplied by OEM-certified vendors, with documentation provided at the time of solicitation.

10. WORK HOURS AND SCHEDULING ARRANGEMENTS

Prior to work being performed, proper coordination shall be initiated between the contractor and the government to ensure that delivery/services can be executed when scheduled. All deliveries shall be scheduled forty-eight (48) hours in advance. Deliveries shall need to be made Monday through Friday between the hours of 8 am and 4 pm.

Work shall not be scheduled or performed on federal holidays. The Federal Holidays, which are observed by the federal government, are annotated below.

• New Year’s Day January 1

• Martin Luther King’s Birthday Third Monday in January

• President’s Day Third Monday in February

• Memorial Day Last Monday in May

• Juneteenth June 19

• Independence Day July 4

• Labor Day First Monday in September

• Columbus Day Second Monday in October

• Veterans Day November 11

• Thanksgiving Day Fourth Thursday in November

• Christmas Day December 25

• Any other day specifically declared to be a national holiday (per Federal Statute, Executive Order, or by the President’s Proclamation).

An alternative schedule (different from the one described above) may be used if there is a mutual agreement between the government and the contractor regarding this alternative schedule.

11. INVOICING AND PAYMENTS

Invoices for payment shall be submitted after delivery, installation, and acceptance of all equipment:

• Contractor’s name/address/phone number

• Contract Number: XXXXX, Month and year of service for invoice submitted

• Contract Line-Item Number and description of service performed

• PO) funding number

• Line-Item Price(s) being invoiced

• Total invoice amount

• Timeframe of charges included in the invoice

NOTE: Invoices with any incorrect or incomplete information will be returned to the Contractor for resubmission.

12. CHANGES TO THE STATEMENT OF WORK

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract, and such changes will be executed bilaterally in accordance with FAR 52.212-4(d). The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the

Contracting Officer is authorized to make commitments or issue changes that will affect the price, quantity, or quality of performance of this contract. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

SECTION C - CONTRACT CLAUSES

C.1 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.2 52.225-1 BUY AMERICAN—SUPPLIES (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the

United States and deemed critical to the U.S. supply chain. The list of critical components is at

FAR 25.105.

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both—

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic.

Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of ‘‘cost of components’’.

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item, except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the

Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy

American Certificate."

(End of Clause)

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

(DEVIATION)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the

Federal Acquisition Security Council (FASC) develops and maintains and publishes in the

System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

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

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

Limited.

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

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

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

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

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

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

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

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

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or https://www.sam.gov

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

Critical technology means—

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

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

Federal Regulations, and controlled—

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

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

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

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part

121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

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

FASCSA order means any of the following orders issued under the Federal Acquisition Supply

Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

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

FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of

Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

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

DNI FASCSA order.

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

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

(i) Of that equipment; or

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

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

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

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the

Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

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

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

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

(12) Such other elements of any department or agency as may be designated by the

President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

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

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

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

(2) Includes any hardware, software, or service developed or provided in whole or in part by a

Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a

Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

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

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

or

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

National security system, as defined in 44 U.S.C. 3552, means any information system

(including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

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

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

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

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

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

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

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

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

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

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

44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract.

Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the

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

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense

Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232)). This does not prohibit contractors from providing—

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

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

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American

Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security

Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L.

118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

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

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

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American

Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

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

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

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

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

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).

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

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

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

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if

OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

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

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of

Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.

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

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

Treasury.

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

174).

(4) Iran prohibitions.

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran

(section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).

(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the

President, and has an active exclusion in SAM (22 U.S.C. 8515).

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

(iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran’s

Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic Powers

Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)).

(e) Governmentwide exclusion and removal orders.

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://www.trade.gov/consolidated-screening-list produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts, DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award

Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders.

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).

(f)Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service…