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

36C24526Q0785 08-17-2026

MOHSIN ABBAS EMAIL ONLY 08-21-2026

3:00 PM EDT

36C245

U.S. Department of Veterans Affairs

Perry Point VA Medical Center

Contracting Office (90C)

Avenue D & 8th Street

Perry Point MD 21902

X

326199

750 Employees

N/A

X

36C245

U.S. Department of Veterans Affairs

Perry Point VA Medical Center

Warehouse

Avenue D & 8th Street

Perry Point MD 21902

19ACQ

U.S. Department of Veterans Affairs

Perry Point VA Medical Center

Contracting Office (90C)

Avenue D & 8th Street

Perry Point MD 21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment

Invoice must be submitted electronically https://www.fsc.va.gov/einvoice.asp

Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

EZ DOCK ADAPTIVE KAYAK LAUNCH & FLOATING MODULAR DOCK SYSTEM

"BRAND NAME ONLY"

THE GOVERNMENT WILL AWARD A CONTRACT RESULTING FROM THE

SOLICITATION TO THE RESPONSIVE OFFEROR WHOSE OFFER

CONFIRMING TO THE SOLICITATION WILL BE MOST ADVANTAGEOUS TO

GOVERNMENT. "THIS RFQ IS FOR SINGLE AWARD".

SEE DETAILS IN 52.212-2 - EVALUATION - COMMERCIAL ITEMS

MUST PROVIDE THE DESTINATION PRICING (FAR 52.247-34)

MUST PROVIDE AN OEM DISTRIBUTOR LETTER FROM MANUFACTURER

IF YOU ARE NOT THE MANUFACTURER WITH THE OFFICIAL QUOTE TO

QUALIFY FOR THIS SOLICITATION BEFORE RFQ WILL CLOSE.

** MUST BE IN OUR LOCAL SYSTEM (IFCAP) AT THE TIME RFQ WILL

CLOSE TO QUALIFY FOR THIS RFQ **

ALL QUOTATION SHALL BE SUBMITTED VIA EMAIL TO MOHSIN ABBAS

EMAIL: MOHSIN.ABBAS2@VA.GOV. SUBMISSION SHALL BE RECEIVED

NO LATER THAN AUGUST 21, 2026, AT 3:00 PM EST.

See CONTINUATION Page

X X

X 1

MOHISN ABBAS

CONTRATCING OFFICER

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

36C24526Q0785

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

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

(DEVIATION APR 2026)

C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)

(MAR 2026)

C.8 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.9 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

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

(NOV 2018)

C.11 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.12 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.13 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.14 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 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.3 52.225-4 BUY AMERICAN—FREE TRADE AGREEMENTS—ISRAELI TRADE

ACT CERTIFICATE (DEVIATION) (NOV 2025) ALTERNATE II (JAN 2025)

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

E.7 52.225-1 BUY AMERICAN—SUPPLIES (NOV 2025) (DEVIATION)

E.8 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.9 52.247-34 F.O.B. DESTINATION (NOV 1991)

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 36C245 MOHSIN ABBAS

U.S. Department of Veterans Affairs

Perry Point VA Medical Center

Contracting Office (90C)

Avenue D & 8th Street

Perry Point MD 21902

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 & Acceptance. Upon Proper Invoices.

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

Requests.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

STATEMENT OF WORK (SOW)

“EZ DOCK ADAPTIVE KAYAK LAUNCH & FLOATING MODULAR DOCK SYSTEM

FOR PERRY POINT VAMC”

BRAND NAME ONLY

SECTION 1: BACKGROUND

1.1

The U.S. Department of Veterans Affairs and VA Maryland Adaptive Sports programs are committed to increasing access to recreational and therapeutic activities for Veterans with disabilities. Participation in adaptive water sports, including kayaking, has been shown to improve physical health, enhance psychological well-being, and foster social connection.

However, our current water access lacks accessible infrastructure, creating barriers for individuals with mobility impairment to safely enter and exit watercraft. An adaptive kayak launch system addresses this gap by providing a stable, user-friendly transfer platform that promotes independence and safety.

SECTION 2: II PURPOSE

2.1 PRODUCT, SERVICE OR OUTCOME NEEDED.

What will the vendor do? Delivery, installation, assembly, start up?

The purpose of this project is to procure and install an adaptive kayak launch system that ensures equitable access to kayaking opportunities for Veterans and other individuals with disabilities.

This initiative aims to:

• Increase participation in adaptive sports and outdoor recreation

• Promote physical rehabilitation and mental health recovery

• Enhancing independence and confidence among participants

• Support inclusive programming aligned with VA Adaptive Sports objectives

The contractor/vendor shall provide a fully functional adaptive kayak launch system, including all necessary components for safe and accessible water entry and exit.

The system should be compliant with Americans with Disabilities Act standards and suitable for use by individuals with varying levels of mobility.

The adaptive kayak launch system shall include, at a minimum:

• Transfer bench or seating system designed for lateral transfers

• Stabilized kayak support structure to prevent tipping during entry/exit

• Handrails and support features for safety and independence

• Adjustable or floating dock compatibility (if applicable)

• Durable, weather-resistant materials suitable for long-term outdoor use

• Weight capacity sufficient to accommodate diverse users and adaptive equipment

• Compatibility with multiple kayak types, including adaptive kayaks

INSTALLATION & SITE PREPARATION

The contractor shall:

• Provide all labor, materials, and equipment necessary for installation

• Ensure integration with existing dock or shoreline infrastructure

• Comply with all local, state, and federal safety and environmental regulations

TRAINING & DOCUMENTATION

The contractor shall provide:

• On-site training for staff on safe operation and participant assistance

• User manuals and maintenance guidelines

• Safety protocols and recommended usage procedures

MAINTENANCE & WARRANTY

• Provide manufacturer warranty information

• Outline recommended maintenance schedule

• Offer optional service agreement for ongoing maintenance and repairs

2.2 SCOPE OF THE PRODUCT, SERVICE, OR OUTCOME.

• Increased Veteran participation in adaptive kayaking programs

• Improved accessibility to waterfront recreational activities

• Enhanced therapeutic outcomes related to physical and mental health

• Strengthened community partnerships and inclusive recreation opportunities

• The ADA-accessible EZ Dock kayak launch will benefit a wide range of veterans with spinal cord injuries, amputations, multiple sclerosis, stroke, traumatic brain injury, Parkinson’s disease, balance disorders, chronic pain, arthritis, joint replacements, and other service-connected disabilities to participate in adaptive kayaking. The launch also supports aging veterans and those who use wheelchairs, walkers, canes, or prosthetic limbs by reducing transfer challenges and fall risk. By improving accessibility and independence, the ADA-compliant EZ Dock kayak launch enables more veterans to safely engage in therapeutic recreation, physical activity, and social participation, regardless of their functional limitations while also updating the VA equipment to be ADA Compliant

3. VA POINT OF CONTACT FOR TECHNICAL QUESTIONS:

• VA POC: Lauren Buckingham – Email: Lauren.Buckingham@va.gov.

• VA POC: Jeter Francine – Email: Frencine.Jeter@va.gov.

4. PLACE OF PERFORMANCE.

Perry Point VA Medical Center

Avenue D & 8th Street

Perry Point, MD 21902

5. PERIOD OF PERFORMANCE: Delivery is expected within 60 days ARO.

6. INVOICING: Contractor shall submit a consolidated invoice monthly in arrears of the month for which services are being billed. One all-inclusive monthly invoice shall be provided, which shall contain an invoice number, contract number, obligations order number, and an itemized list of services provided. An acceptable master (all-inclusive) itemized list of services shall be agreed to between the Contractor and the COR prior to submission of the first invoice.

All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System (IPPS) – The VA Financial Services Center (FSC) uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website to begin submitting electronic invoices, free of charge:

http://www.tungsten-network.com/US/en/veterans-affairs/.

More information on the VA FSC is available at: http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

To begin submitting your electronic invoices to the VA FSC for payment processing, free of charge, please contact Tungsten at the phone number below or email address:

Tungsten e-Invoice Setup Information: 1-877-489-6135 Tungsten e-Invoice Email: VA.Registration@Tungsten-Network.com.

mailto:Lauren.Buckingham@va.gov mailto:Frencine.Jeter@va.gov http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.fsc.va.gov/einvoice.asp mailto:VA.Registration@Tungsten-Network.com

If you have a question about the e-invoicing program or Tungsten, please contact the FSC at the Below phone number email address.

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-Invoice Email: vafsccshd@va.gov

7. CONTRACT TYPE: Firm-Fixed Priced Contract.

8. EVALUATIONS FACTOR:

i. Brand Name Only. Required features IAW SOW.

ii. OEM Authorization/distributor letter from the manufacturer is required for all quotes, if no OEM letter is supplied the vendor will be considered non-responsive and the vendor will be dis-qualified at the time RFQ will close.

iii. Must be in our local system (IFCAP) at the time RFQ will close to qualify for this solicitation (RFQ).

iv. Delivery Lead Times.

v. Completed Buy American Certificate.

vi. The Government will evaluate offers in IAW with the policies & procedures of part 25 of the Federal Acquisition Regulation (FAR).

vii. Price.

mailto:vafsccshd@va.gov

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

EZ PORT MAX ENTRY GREY

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

MANUFACTURER PART NUMBER (MPN): N/A

LOCAL STOCK NUMBER: N/A

EZ PORT MAX EXTENSION GREY

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

1.00 PR __________________ __________________

EZ PORT COUPLER SET 2 PAIR, PORT TO PORT

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

EZ LAUNCH ADJUSTABLE ADAPTER KIT

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

EZ LAUNCH SINGLE ENTRY RAILING RIGHT

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

EZ LAUNCH EXTESION RAILING (L or R) ONE WAY (LOOKING

FROM WATER TOWARD DOCKS) (NO DOCKS)

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

EZ LAUNCH ACCESSIBLE TRANSFER

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

ADA OVERHEAD RAIL, AL

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

2.00 EA __________________ __________________

KAYAK LAUNCH ROLLER KIT

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil

Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

4.00 EA __________________ __________________

DOCK SELECTION 80"X120" GREY

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

20.00 EA __________________ __________________

COUPLER SET W/COMPOSITE ROD

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

4.00 KT __________________ __________________

PIPE BRACKET KIT STANDARD DUTY 3.5"

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

4.00 EA __________________ __________________

PIPES/PVC COVERS

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

COUPLER, IN-WATER COUPLER INSTALLATION TOOLS -SS

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

ADAPTER FOR COMPOSITE

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

DOCK CURBING PLASTIC 2 1/2"X3 1/2"X118" (NO SCREWS)

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

12.00 EA __________________ __________________

3"FLATHEAD SCREWS FOR CURBING

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

ADA GANGWAY 4X16 WITH DIRECT CONNECT

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

3.00 EA __________________ __________________

RAILING 10' SOBA/ADA WITH HARDWARD

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

RAILINGS, 5' SOBA/ADA RL/BE/SEAT W/HARDWARE AL

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

MOBILIZATION OF PRODUCT: DELIVERY & INSTALLATION

W/CAMPUS MAINTENANCE STAFF

"BRAND NAME ONLY"

CONTRACT TYPE: FIRM-FIXED PRICE

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: 1945 - Pontoons and Floating Docks

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001 SHIP TO: Perry Point VA Medical Center WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street Perry Point, MD 21902

USA

1.00 DELIVERY IS EXPECTED

WITHIN 60 DAYS ARO.

MARK FOR: Lauren Buckingham

410-642-2411 EXT: 22917

Lauren.Buckingham@va.gov

FOB: DESTINATION

0002 SHIP TO: Perry Point VA Medical Center WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0003 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0004 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham

Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0005 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0006 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0007 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0008 SHIP TO: Perry Point VA Medical Center WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0009 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

2.00 DELIVERY IS EXPECTED

MARK FOR: Lauren Buckingham

0010 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

4.00 DELIVERY IS EXPECTED

MARK FOR: Lauren Buckingham

0011 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

20.00 DELIVERY IS EXPECTED

0012 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0013 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0014 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0015 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street Perry Point, MD 21902

USA

0016 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0017 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

12.00 DELIVERY IS EXPECTED

MARK FOR: Lauren Buckingham

0018 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0019 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren

3.00 DELIVERY IS EXPECTED

Buckingham Avenue D & 8th Street

0020 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

0021 SHIP TO: Perry Point VA Medical

WAREHOUSE/Attn: Lauren Buckingham Avenue D & 8th Street

MARK FOR: Lauren Buckingham

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:

(End of Addendum to 52.212-4)

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the

Contractor within 30 DAYS. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.4 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.

https://www.sam.gov

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

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

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

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

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

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

Covered telecommunications equipment or services means—

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

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

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

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

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

Critical technology means—

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

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

Federal Regulations, and controlled—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DNI FASCSA order.

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

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

(i) Of that equipment; or

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

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

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

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

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

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

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

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

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

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

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

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

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

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

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

Kaspersky Lab-covered entity; or

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

Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

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

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

or

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

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

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

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

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

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

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

Sensitive compartmented information system means a national…