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

36C25726Q0707 08-10-2026

Michelle Cunningham 254-408-1652 08-14-2026

10:00 CDT

36C674

Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple TX 76504

X

339112

1000 Employees

N/A

Department of Veterans Affairs San Antonio Veteran Health Care System

99339 HWY 151

San Antonio, TX 78229

36C674

Department of Veterans Affairs Network Contracting Office 17

1901 Veterans Memorial Dr. Building 171

This is accomplished through the Tungsten Network located at:

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

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

See Schedule Submit all quotes to michelle.cunningham@va.gov Offerors must complete and return all information designated in Section E prior to the time in block B of SF 1449 page 1.

Blocks 30a,30b and 30C on page 1 must be completed and signed to be considered for award.

Refer to instructions to Offerors and Evaluations factors on additional details.

This acquisition is in accordance with RFO FAR 12 Products are restricted to US Made Products only.

See CONTINUATION Page x 1

Francisco Mendoza Contracting Officer

36C25726Q0707

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 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

C.3 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV

2025) (DEVIATION)

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.5 52.225-1 BUY AMERICAN—SUPPLIES (NOV 2025) (DEVIATION)

C.6 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

C.7 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT:

Contracting Officer 36C257 Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171

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

[] 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 Government Acceptance of Services

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 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

Topcon CL-300 Lensometer with PD, Printer, LAN (Part Number:

420289902-NX)

Contract Period: Base POP Begin: 08-20-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 339112 – Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6540 – Ophthalmic Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 420289902-NX

Topcon KR-1 Auto Kerato-Refractometer with Auto Capture (Part Number

418449900-FM)

Contract Period: Base POP Begin: 08-20-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 339112 – Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6540 – Ophthalmic Instruments, Equipment, LOCAL STOCK NUMBER: 418449900-FM

Topcon AIT-16A Instrument Table with Double Top (Part Number:

25019K2-OM)

Contract Period: Base POP Begin: 08-20-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 339112 – Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6540 – Ophthalmic Instruments, Equipment, LOCAL STOCK NUMBER: 25019K2-OM

Reichert Phoroptor VRx Digital Refraction System (with Prism) (Part

Number: 16242-OM) Contract Period: Base POP Begin: 08-20-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 339112 – Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6540 – Ophthalmic Instruments, Equipment, LOCAL STOCK NUMBER: 16242-OM

Reichert ClearChart 4X Enchanced Digital Acuity System (Part Number:

13775-OM)

Contract Period: Base POP Begin: 08-20-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 339112 – Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6540 – Ophthalmic Instruments, Equipment, LOCAL STOCK NUMBER: 13775-OM

5.00 EA __________________ __________________

Professional Install

Contract Period: Base POP Begin: 08-20-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 339112 – Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6540 – Ophthalmic Instruments, Equipment, LOCAL STOCK NUMBER: Professional Install

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

1.00

5.00

B.4 STATEMENT OF WORK

1. Project Description: The Department of Veterans Affairs (VA) requires the procurement of a phoropter digital Refraction System, digital chart/acuity System, Auto Kerato- Refractometer with Double Top Instrument Table and Auto Lensometer to perform refractions during eye examination. This equipment is necessary for manifest refractions which are a vital diagnostic test for eye exams at NWHCC Eye Clinic.

2. Scope of Work:

• Delivery of will be conducted by the contractor at no additional charge to the government. Equipement will be delivered to the San Antonio VA, 9939 HWY 151 San Antonio, TX 78251.

• Vendor is responsible for install, training and instructions and guidance at the service location indicated by the assigned COR. Delivery will occur during normal business hours M-F from 0800 to 1500. Delivery/installation and all communication will be coordinated with the assigned COR.

• The equipment must be new, not refurbished and meet all applicable VA and FDA regulations.

• Equipment shall include manufacturer installation,assembly, calibration, on-site user training, removal of trash/shipping containers and a minimum one-year manufacturer's warranty covering parts, labor, and technical support.

• The digital phoropter, autorefractor/keratometer, and lensometer shall operate as an integrated refraction system.

• All devices must be fully compatible, interoperable, and capable of communicating with each other, such that measurements from the auto‑refractor and lensometer can be uploaded directly into the digital phoropter to perform manifest refractions without manual entry.

• Devices will not require any patient identifying information to function as a system.

3. Requirements

• The digital Phoropter digital refraction system with Prism must meet the following requirements:

• Phoroptor Head:

• Spherical Effects +17.75 to -22.25 D, Steps : 0.25 and 1.0 D

• Cylinder Power-8.0 to +8.0 D, Steps: 0.25 and 1.0 D

• Axis Adjustment 0° to 180°, Steps : 1° and 10°

• Cross Cylinder Test ±0.25 D

• Prismatic Effects 0.20 Prism Diopter per eye Steps: 0.50 Prism

Diopter per eye 0.25 Prism Diopter per eye

• Corneal Vertex Distance 16 mm

• Pupil Distance 50 to 80 mm, Steps: 1 mm binocular

• Convergence 400 mm

• Height Level of Eyes, adjustment ±3 mm

• Leveling via bubble level

• Free Aperture 19 mm

• Thickness of Housing at the Viewing Aperture 26 mm

• Width x Height x Depth (at PD = 64 mm) 31 x 20.3 x 7.1 cm (12.2 x 8 x 2.8 in.)

• Ports (1 each):Phoroptor,Controller (Keypad),Projector (Acuity System),Printer,Instrument 1 I/O,Instrument 2 I/O,EMR Port,Transfer Port

• Ergonomic digital controller with intuitive user interface.

• Capable of storing and recalling multiple examination settings and patient refraction data.

• Support rapid lens changes for efficient subjective refraction.

• Quiet electronic operation with smooth lens transitions.

• Communication interfaces (USB, Ethernet, serial, or equivalent) to support integration with other ophthalmic instruments.

• Shall electronically receive objective refraction data from an autorefractor.

• Shall electronically receive lens measurements from a digital lensometer.

• Shall support automated data transfer to facilitate efficient manifest refractions with minimal manual data entry.

• Shall be compatible with a digital visual acuity/chart display system.

• Equipment shall include all cables, interface modules, power supplies, software licenses, and accessories necessary for complete installation and operation.

• The digital Chart /Acuity System must meet the following requirements:

• Display: 24 in. (60 cm) LED backlit LCD (1920x1080 Pixels)

• Max Illumination: 220 cd/m2

• Photopic Illumination: 85 cd/m2

• Mesopic Illumination: 3 cd/m2

• Refraction Range: 1.83 m (6 ft) - 7.5 m (24.6 ft)

• Adjustable testing distances from 6 feet (1.83 m) to at least 24 feet (7.5 m) or equivalent optical simulation.

• Adjustable brightness supporting both:

o Photopic testing o Mesopic testing

• Automatic scaling of optotypes for selected testing distance.

• Randomized optotype presentation to prevent patient memorization.

• Multiple contrast sensitivity testing capabilities.

• Color vision testing capability.

• Binocular vision and stereoacuity testing capability.

• Red/green balance testing.

• Worth Four Dot testing.

• Fixation targets suitable for pediatric examinations.

• Single-letter, line, column, and isolated optotype presentation.

• Programmable examination sequences.

• Dimensions: Height: 39.62 cm (15.60 in) Width: 58.92 cm (23.20 in.) Depth: 7.62 cm (3.00 in.) Weight: (unpacked) 5.9 kg (13.1 lbs.)

• Capable of bidirectional communication with the digital phoropter.

• Communication: RS232 Serial Port,2 USB Ports. Must be able to be linked by wired or wireless connection to a digital Phoroptor

• Remote Control: Infrared

• Electrical: Voltage: 100 - 240 volts AC 50/60 Hz,Input Power: 50- 75 VA, Fuses: Time-Lag (2.5A, 250V), 5 x 20mm, Remote Control: 2 AAA (LR03) batteries

• Compatible with VA-approved ophthalmic diagnostic systems and future interoperability requirements.

• Include all mounting hardware, cables, power supplies, software, licenses, adapters, and accessories required for complete installation and operation.

• Contractor shall provide installation, configuration, calibration, and on-site user training.

• Auto Kerato-Refractometer with Instrument Table with Double Top must meet the following requirements:

• Must perform both keratometer and refractometer measurements

• Sphere Range: -25D to +22D (0.01D/0.12D/0.25D steps)

• Cylinder Range: 0D to ±10D (0.01D/0.12D/0.25D steps)

• Axis Range: 0° to 180° (1° /5°steps)

• Measurable Area: Ø 8 mm (max.)

• Selectable measurement increments of 0.25 D or finer.

• Automatic measurement and averaging of multiple readings

• Automatic fogging function or equivalent accommodation control to improve measurement accuracy

• Measurable Minimum Pupil Diameter: Ø 2 mm

• Corneal Curvature Radius: 5.00 mm to 10.00 mm (0.01 mm steps)

• Corneal Refraction: 67.5D~33.75D (0.01D/0.12D/0.25D steps)(Proviso:

corneal refractive index = 1.3375)

• Corneal Astigmatism: 0D to ± 10D (0.12D/0.25D steps)

• Corneal Astigmatism Axial Angle: 0° to 180° (1° /5°steps)

• Measurable PD Range:20~85 mm (1 mm step)

• Export Output Terminal: USB (IN/OUT), RS232C (OUT), LAN (IN/OUT)

• Electronically transmit objective refraction measurements directly to the digital phoropter

• Support automated transfer of objective refractive data to facilitate efficient manifest refractions

• Tabletop must be designed to accept any auto kerato-refractometer standard or large ophthalmic instrument.

• Must be able to support 110lbs to ensure smooth movement even with the heaviest device combination.

• Be electrically height adjustable.

• Include locking casters or equivalent stability features

• Include all mounting hardware required for installation.

• The Auto lensometer requirements:

• Measurement Range: Sphere: 0 to ±25 D (0.01/0.12/0.25D steps), Cylinder: 0 to ±10 D (0.01/0.12/0.25D steps), Axis: 0 to 180°(1° step), Addition: 0 to ±10 D (0.01/0.12/0.25D steps), Prism: 0 to 10Δ

• Cylinder Mode: MIX / – / +

• Prism Mode: X-Y (Orthogonal Coordinates), P-B (Polar Coordinates), No

Display

• Prism measurement capability of at least 0 to 10 prism diopters.

• UV Transmittance: 0 ~ 100% (1% / 5% steps)

• Automatic compensation for various lens materials or equivalent measurement technology

• Lens Detection: AUTO for single & progressive lenses

• Contact Lens Measurement: Hard / Soft contact lens

• Selectable plus, minus, and mixed cylinder display modes.

• Automatic detection and measurement of single-vision, bifocal, trifocal, and progressive addition lenses.

• Light Source: Refractive Measurement: Green LED 540±5nm,UV

Measurement: UV LED 365±5nm

• Selectable plus, minus, and mixed cylinder display modes.

• Wavelength Criterion: e-line/d-line with ABBE compensation

• Green LED measurement light source or equivalent technology to improve measurement accuracy.

• Lens Diameter:Ø 5 to 100 mm

• Screen: 5.7 inch color touch screen

• Electronically transmit lens measurement data directly to a compatible digital phoropter.

• Support automated transfer of lensometry data to facilitate efficient manifest refractions while minimizing manual data entry.

• Include USB, Ethernet (LAN), RS-232, or equivalent communication interfaces as needed.

• PD Measurement Range: 50-90mm

• They systems shall include the following accessories:

• Standard Included Accessories Phoropter:

• Dust Cover - Phoroptor Head

• Dust Cover - Controller

• Phoroptor Cable

• User’s Guide

• Decimal Card Holder or Snellen Card Holder

• Power Cord 115V or Power Cord 230V

• Card Beam Assembly

• Card Illuminator

• Face Shield Kit (2 sets)

• Quick Reference Card

• Standard included accessories for digital chart digital acuity System

• Remote Control

• Two AAA batteries

• Power Cords

• Articulating Wall Mount with hardware as needed

• Wall Anchor Toggle Bolts Hardware

• Color Glasses

• Key Card for Pigassou Optotypes

• Key Card for Sheridan Gardiner Optotypes

• Instructions for Use

• Wall Mount Bracket Adaptor

• USB Bluetooth adapter

• Wireless Dongle Kit

• Standard Accessories Auto Kerato-Refractometer with Instrument Table with Double Top

• Dust cover(s)

• Power cords

• Communication cables

• User manuals

• Software licenses (if applicable)

• Installation materials

• Calibration accessories

• All components required for complete operation

• Standared Accessories for the Auto Lensometer

• Dust cover(s)

• Power cords

• Communication cables

• User manuals

• Software licenses (if applicable)

• Installation materials

• Calibration accessories

• All components required for complete operation

• All contection components/cords including 100-240V / 50/60Hz 1.2A (AC

Adapter), AUTO power save

• Warranty

• The equipment shall be covered by a minimum one year manufacture’s warranty

• The warranty shall include parts, labor and technical support

• The contractor shall provide details on the process for warranty claims and repairs

• Technical Support:

• The contractor shall provide technical support via phone or email during normal business hours

• Any defective or malfunctioning unit shall be repaired or replaced at no additional cost to the VA during the Warranty period.

• Acceptance Criteria: The VA will inspect the delivered equipment to ensure it meets all technical and functional specifications Acceptance will be granted when:

• The equipment is delivered in good condition

• All accessores and documentation are included

• Installation testing successfully competed

• Contractor Responsibilities

• Ensure timely Delivery of the required equipment.

• Provide necessary documentation, including user manuals and warranty details.

• Ensure compliance with all applicable VA, FDA and industry standards

• Provide post-installation support as required

4. Information System Officer, Information Protection: The contractor will not have access to VA Desktop computers they will not have access to online resources belonging to the government.

5. Privacy Officer: The Contractor will not have access to protected Patient Health Information (PHI) nor will they have capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage device will remain in VA control and will not be removed from VA custody. All research data available for Contractor analysis is de-identified.

6. Records Manager: There will not be federal records created, maintained, used or dispositioned with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.]

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION)

MAR 2026

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

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS FEB 2021

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD AUG 1996

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

C.3 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(NOV 2025) (DEVIATION)

(a) Equal opportunity clause. The Contractor must abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1401-2(a)(1) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor must act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

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

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

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

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

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

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

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

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

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

(End of Clause)

C.5 52.225-1 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.6 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select ‘‘no’’.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms ‘‘commercially available off-the-shelf (COTS) item,’’ ‘‘critical component,’’ ‘‘domestic end product,’’ ‘‘end product,’’ and ‘‘foreign end product’’ are defined in the clause of this solicitation entitled ‘‘Buy American—Supplies.”

(b) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(c) Domestic end products containing a critical component:

Line Item No.

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of Provision)

C.7 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023)

(DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor.