S02_Q0164_COOLERS_LANCASTER.pdf
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- COOLERS -Lancaster CMOP
- Solicitation number
- 36C77026Q0164
About this file
This is a Request for Quotation (RFQ) for commercial styrofoam coolers issued by the Department of Veterans Affairs (VA) Consolidated Mail Outpatient Pharmacy (CMOP) in Lancaster, Texas. The solicitation number is 36C77026Q0164, with an offer due date of August 12, 2026, at 4:00 PM CDT. The acquisition is a 100% small business set-aside restricted to Service-Disabled Veteran-Owned Small Businesses (SDVOSB) under NAICS code 322230 with a size standard of 750 employees.
The VA requires three sizes of styrofoam coolers in boxes for shipping temperature-sensitive medications to veteran patients: small coolers (486,720 units total, approximately 18,720 weekly); medium coolers (56,784 units total, approximately 2,184 weekly); and large coolers (4,914 units total, approximately 189 weekly). All coolers must maintain temperatures below 45 degrees for a minimum of 48 hours and meet specific dimensional and construction requirements, including 32ECT or 200# Mullen certification, 65 lbs. corner crush test capability, and "Refrigerate Upon Arrival" stenciling in bold black ink. Delivery is FOB Destination to VA CMOP Lancaster at 2962 S. Longhorn Drive, Lancaster, TX 75134-2118, with partial deliveries required Monday through Wednesday weekly. The base contract period runs from August 17, 2026, to February 17, 2027, with two optional one-year renewal periods. Mandatory product samples of each cooler size must be submitted by the solicitation close date and will be evaluated on a pass/fail basis for compliance with specifications. Payment will be made upon acceptance and delivery of all items received. Quotations must include a completed SF 1449 form, pricing schedule in Excel format, Section C.7 VAAR 852.219-76 limitations on subcontracting certification, a BAA Certificate for non-domestic products if applicable, and proof of SAM.gov registration.
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| File | Type | Posted |
|---|---|---|
| 52.225-2 BUY AMERICAN CERTIFICATE.docx | DOCX document | |
| S02_ Pricing Schedule_ COOLERS_LANCASTER_Q0164.xlsx | XLSX spreadsheet |
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PAGE 1 OF1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER
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
NCO 15 Contracting Ofc - CMOP
763-26-4-228-0578
36C77026Q0164
6. SOLICITATION ISSUE DATE
8-06-2026
Sarah Fry 913-758-9935 08-12-2026
16:00 CDT
36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway
Leavenworth KS 66048-5012
X 100
X
322230
750 Employees
N/A
X
Department of Veterans Affairs VA CMOP Lancaster - 763
2962 S. Longhorn Drive Lancaster TX 75134-2118
36C770
Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway
Leavenworth KS 66048-5012
Department of Veterans Affairs
FSC
PO Box 149971 Austin TX 78714-8971
See CONTINUATION Page
763-COOLERS
Quotation package shall include:
1. Form 1449 signed and returned
2. Completed Price Schedule EXCELL Spreadsheet
3. Complete Section C.7 VAAR 852.219-76
4. BAA Certificate: completed & returned when quoting a non-domestic product, attached.
5.Must be registered in SAM.gov
An NMR Class Waiver for NAICS code 322230 is being utilized for this solicitation.
** SEE B.2 STATEMENT OF REQUIREMENTS FOR TESTING SAMPLES **
SAMPLES DUE BY CLOSE DATE OF SOLICITATION
ONLY APPROVED SAMPLES ARE CONSIDERED FOR AWARD
Please see section B regarding details of delivery of this product.
See CONTINUATION Page 763-3660160-228-822400-2660 010022443
X
Kelly Mann
36C77026Q0164
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 REQUIREMENTS
B.3 PRICE/COST SCHEDULE
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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.3 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE
ITEM (MAR 1989)
C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(DEVIATION APR 2026)
C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.7 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)
(DEVIATION)
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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.5 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)
E.6 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 36C770 Kelly Mann Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012
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 acceptance & delivery of all items received
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 REQUIREMENTS
Coolers in a Box Department of Veterans Affairs
Consolidated Mail Outpatient Pharmacy (CMOP) Lancaster (Dallas) CMOPs
The Department of Veterans Affairs (VA), Consolidated Mail Outpatient Pharmacy (CMOP) has an immediate need for coolers in a box for Lancaster (Dallas) CMOP. These coolers are used for shipping temperature sensitive medications to Veteran patients.
Salient Characteristics:
1. Dimensions. Product must match required Minimum Inside Dimension (ID) and Maximum Outside Dimension (OD). Any product that does not meet specified dimensions is not acceptable.
2. Box Certificate. Shipping boxes must meet minimum certification standard: psi burst limit, edge crush test, size limit, gross weight limit. Any product that fails to provide certification of the required standard will not be considered acceptable.
3. Special characteristics. Characteristics include anti-static, glue, perorated, matte surface, non-toxic, triple layers, interlocking seals, etc. Items that have special characteristics must match the requirement or the product is not acceptable.
4. Outside box must have the word “Refrigerate Upon Arrival” to aid in delivery and storage in the home.
5. Box will be either 32ECT or 200# Mullen that are interchangeable and be able to maintain 65 lbs.
Corner Crush Test. “Refrigerate Upon Arrival" stenciled in bold black ink with a minimum size of "1" letters placed on the top of the box. The bottoms of the box taped, sealed, (weather resistance 3-inch tape shall be equivalent to 3M Stock # 7010374001) and ready for use.
Delivery Location:
VA CMOP Lancaster (Dallas) – 763 2962 S. Longhorn Drive Lancaster, TX 75134-2118
Delivery Schedule: Identified in the table below.
Specifications of Items:
Small cooler, styrofoam in a box, Maximum OD=11x9x7.25, Minimum ID=8x6x4.25, wall thickness 1.5"
Total: 486,720 Weekly deliveries:
average 18,720 each/week. (partial on Monday, Tuesday and / Wednesday weekly)
Medium Cooler, styrofoam in a box, Maximum OD=11x9x10, Minimum ID=8x6x7, wall thickness 1.5"
Total: 56,784 Weekly deliveries:
Average 2,184 each/week.
(partial delivery Monday Tuesday, and Wednesday weekly)
Large Cooler, Styrofoam in a box, Maximum OD=19x15.5x15, Minimum OD=18.25x 13.38x 12.38 Maximum ID= 15.25X12.33X12 Minimum ID= 15.25X 10.38X9.38, wall thickness 1.5"
Total: 4,914 Weekly deliveries:
average 189 each /week.
(These can be partially delivered Monday, Tuesday and Wednesday weekly)
Testing: Testing of samples will be required. Any samples submitted for consideration will not be returned and will remain the property of the VA. All costs associated with submitting the above products are the responsibility of the contractor.
*All product samples will be evaluated on a pass/fail basis to ensure compliance with the minimum requirements in the Statement of requirements (SOR) to include, size, construction material used and the ability to maintain temperature. Contractors whose product samples failed to meet the minimum requirements of the SOR will be rejected and will receive no further consideration.
Proposed items that do match the exact specifications of the items reflected above will be considered, at the discretion of the Government, and awarded as an alternate item. The Government's intent is to consider alternate items that will satisfy its needs within a de minimis deviation from the stated specifications. For example, minimal sizing/dimension variations in the coolers, that allow for sufficient usage with the CMOP system will be considered.
*One sample of each size for the specific CMOP location is required for cursory review to assure lid closes properly; doesn’t impede on the amount of product that can go into cooler; prescription labels adhere and are not easily removed; Outside box contains the words “Perishable” to aid in delivery and storage in the home.
***Cooler temperature must stay below 45 degrees for a minimum of 48 hours***
*The Contractor shall provide written instructions on how to pack the container. Consideration will be given to the ease of pack out measured in the number of minutes required and materials required for assembly. Universal pack outs that do not require seasonal adjustments will also be taken into consideration.
*ALL SAMPLES MUST BE RECEIVED BY CLOSE OF REQUEST FOR QUOTES. ALL
SAMPLES SHALL BE MARKED CLEARLY WITH VENDOR INFORMATION AND
SOLCITATION NUMBER.
Deliver Lancaster (Dallas) samples to the address below with ATTN: KRISTI PENDLEY
763- LANCASTER CMOP COOLER SAMPLES.
Please ensure your company’s name and RFQ number is listed on packing slip if shipped directly from manufacturer.
Department of Veterans Affairs VA CMOP Lancaster (Dallas)
2962 S. Longhorn Drive Lancaster, TX 75134-2118
Scope:
a) Vendor shall provide coolers to the CMOP as stated in the Statement of Requirements. The supplies will be used to prepare and mail Veteran patient prescriptions in durable, secure, quality products.
b) Products will need to function properly. Exchanges and/or refunds will be required for any product that does not function as needed. Defective product must be picked up within one (1) business days due to limited storage space within the CMOP. Credit for returned goods shall be made within 5 business days.
c) Deliveries will need to be made two to three times weekly to Lancaster (Dallas). The vendor must be able to make on time deliveries and be able to adjust these deliveries to meet the changing production requirements.
d) The Vendor must be able to meet the quantity requirements of each item for the facility without delays. Emergency orders shall be delivered within 1 business days after receipt of an order.
Fluctuations in workload can occur and the CMOP's usage of these products may sometimes double in a short period of time. Therefore, the vendor shall carry sufficient inventory to be able to complete large emergency orders.
e) The Contractor shall provide written instructions on how to pack the container. Consideration will be given to the ease of pack out measured in the number of minutes required and materials required for assembly. Universal pack outs that do not require seasonal adjustments will also be taken into consideration.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 486,720.00 EA ____________ ______________
COOLER, IN A BOX SMALL (763 CMOP)
LOCAL STOCK NUMBER: LD-DURA864-TX
Contract Period: Base POP Begin: 08-17-2026 POP End: 02-17-2027
0002 56,784.00 EA ____________ ______________
COOLER, IN A BOX, MEDIUM (763 CMOP)
LOCAL STOCK NUMBER: LD-DURA868-TX
Contract Period: Base POP Begin: 08-17-2026 POP End: 02-17-2027
0003 4,914.00 EA ____________ ______________
COOLER, IN A BOX, LARGE (763 CMOP)
LOCAL STOCK NUMBER: LD-DURA14109-TX
Contract Period: Base POP Begin: 08-17-2026 POP End: 02-17-2027
0004-
OP1
486,720.00 EA ____________ ______________
COOLER, IN A BOX SMALL (763 CMOP)
LOCAL STOCK NUMBER: LD-DURA864-TX
Option Period 1:
POP Begin: 02-18-2027 POP End: 08-18-2027
0005-
OP1
56,784.00 EA ____________ ______________
COOLER, IN A BOX, MEDIUM (763 CMOP)
LOCAL STOCK NUMBER: LD-DURA868-TX
Option Period 1:
POP Begin: 02-18-2027 POP End: 08-18-2027
0006- 4,914.00 EA ____________ ______________
OP1
COOLER, IN A BOX, LARGE (763 CMOP)
LOCAL STOCK NUMBER: LD-DURA14109-TX
Option Period 1:
POP Begin: 02-18-2027 POP End: 08-18-2027
0007-
OP2
486,720.00 EA ____________ ______________
COOLER, IN A SMALL BOX (763 CMOP)
LOCAL STOCK NUMBER: LD-DURA864-TX
Option Period 2:
POP Begin: 08-19-2027 POP End: 02-19-2028
0008-
OP2
56,784.00 EA ____________ _____________
COOLER, IN A BOX, MEDIUM (763 CMOP)
LOCAL STOCK NUMBER: LD-DURA868-TX
Option Period 2:
POP Begin: 08-19-2027 POP End: 02-19-2028
0009-
OP2
4,914.00 EA ___________ ______________
COOLER, IN A BOX, LARGE (763 CMOP)
LOCAL STOCK NUMBER: LD-DURA14109-TX
Option Period 2:
POP Begin: 08-19-2027 POP End: 02-19-2028
GRAND
TOTAL
B.4 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
0001 SHIP TO: Department of Veterans Affairs Lancaster CMOP 2962 S. Longhorn Dr Lancaster, TX 75134
USA
INSTRUCTIONS:BASE
PERIOD : Weekly deliveries:
18,720 each/week. (partial on Monday, Tuesday and / Wednesday weekly)
486,720.00 Aug 17, 2026- Feb 17,2027
FOB: DESTINATION
0002 SHIP TO: Department of Veterans Affairs Lancaster CMOP 2962 S. Longhorn Dr Lancaster, TX 75134
USA
INSTRUCTIONS: BASE
PERIOD : Weekly deliveries:
2,184 each/week. (partial delivery Monday, Tuesday, and Wednesday weekly)
56,784.00 Aug 17, 2026- Feb 17,2027
FOB: DESTINATION
0003 SHIP TO: Department of Veterans Affairs Lancaster CMOP 2962 S. Longhorn Dr Lancaster, TX 75134
USA
4,914.00 Aug 17, 2026- Feb 17,2027
INSTRUCTIONS: BASE PERIOD: Weekly deliveries: 189 each /week.
(These can be partially delivered Monday, Tuesday and Wednesday weekly)
FOB: DESTINATION
0004-
OP1
SHIP TO: Department of Veterans Affairs Lancaster CMOP 2962 S. Longhorn Dr Lancaster, TX 75134
USA
486,720.00 Feb 18, 2027- Aug 18, 2027
INSTRUCTIONS: OPTION PERIOD 1: Weekly deliveries: 18,720 each/week.
(partial on Monday, Tuesday and / Wednesday weekly)
FOB: DESTINATION
0005-
OP1
SHIP TO: Department of Veterans Affairs Lancaster CMOP 2962 S. Longhorn Dr Lancaster, TX 75134
USA
56,784.00 Feb 18, 2027- Aug 18, 2027
INSTRUCTIONS: OPTION PERIOD 1: Weekly deliveries: 2,184 each/week.
(partial delivery Monday Tuesday, and Wednesday weekly)
FOB: DESTINATION
0006-
OP1
SHIP TO: Department of Veterans Affairs Lancaster CMOP 2962 S. Longhorn Dr Lancaster, TX 75134
USA
4,914.00 Feb 18, 2027- Aug 18, 2027
INSTRUCTIONS: OPTION PERIOD 1: Weekly deliveries: average 189 each /week. (These can be partially delivered Monday, Tuesday and Wednesday weekly)
FOB: DESTINATION
0007-
OP2
SHIP TO: Department of Veterans Affairs Lancaster CMOP 2962 S. Longhorn Dr Lancaster, TX 75134
USA
486,720.00 Aug 19, 2027- Feb 19, 2028
INSTRUCTIONS: OPTION PERIOD 2: Weekly deliveries: 18,720 each/week.
(partial on Monday, Tuesday and / Wednesday weekly)
FOB: DESTINATION
0008-
OP2
SHIP TO: Department of Veterans Affairs Lancaster CMOP 2962 S. Longhorn Dr Lancaster, TX 75134
USA
56,784.00 Aug 19, 2027- Feb 19, 2028
INSTRUCTIONS: OPTION PERIOD 2: Weekly deliveries: 2,184 each/week.
(partial delivery Monday Tuesday, and Wednesday weekly)
FOB: DESTINATION
0009-
OP2
SHIP TO: Department of Veterans Affairs Lancaster CMOP 2962 S. Longhorn Dr Lancaster, TX 75134
USA
4,914.00 Aug 19, 2027- Feb 19, 2028
INSTRUCTIONS: OPTION PERIOD 2: Weekly deliveries: 189 each /week.
(These can be partially delivered Monday, Tuesday and Wednesday weekly)
FOB: DESTINATION
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
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT ALTERNATE I (NOV 2021)
JUN 2020
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE
(DEVIATION)
NOV 2025
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, PROPOSED FOR DEBARMENT, OR
VOLUNTARILY EXCLUDED
JAN 2025
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION
REGARDING RESPONSIBILITY MATTERS
OCT 2018
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED
DOMESTIC CORPORATIONS
NOV 2015
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS
(DEVIATION)
NOV 2025
52.219-28 POSTAWARD SMALL BUSINESS PROGRAM
REREPRESENTATION (DEVIATION)
NOV 2025
52.222-3 CONVICT LABOR (DEVIATION) NOV 2025
52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES
AND REMEDIES (DEVIATION)
MAR 2026
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION) NOV 2025
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES (DEVIATION)
NOV 2025
52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION) NOV 2025
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE
NATIONAL LABOR RELATIONS ACT (DEVIATION)
NOV 2025
52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025
52.223-23 SUSTAINABLE PRODUCTS (DEVIATION) NOV 2025
52.225-1 BUY AMERICAN—SUPPLIES (DEVIATION) NOV 2025
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT
MESSAGING WHILE DRIVING
MAY 2024
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION) SEP 2025
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
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION)
APR 2026
852.203-70 COMMERCIAL ADVERTISING MAY 2018
852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN
MINIMUM REQUIREMENTS (DEVIATION)
JAN 2023
852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899
(DEVIATION) (APR 2025)
APR 2025
852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018
852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020
852.246-71 REJECTED GOODS OCT 2018
852.247-73 PACKING FOR DOMESTIC SHIPMENT OCT 2018
C.3 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED
LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 14 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
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.
C.5 52.240-991 SECURITYPROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
(a) Definitions. As used in this clause—
American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Kaspersky Lab-covered article means any hardware, software, or service that—
(1) Is developed or provided by a Kaspersky Lab-covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.
Kaspersky Lab-covered entity means—
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab;
or
(4) Any entity of which Kaspersky Lab has a majority ownership.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).
Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C.
44801(12)).
(b) Prohibitions on providing or using specific products or services in performance of contract.
Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:
(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));
(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));
(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Prohibition on unmanned aircraft systems manufactured or assembled…
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