Solicitation_36C25526Q0427.pdf

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36C25526Q0427 BCMA Outpatient Medication Barcode Scanners
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36C25526Q0427
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This is a solicitation document (SF 1449) for the procurement of BCMA (Bar Code Medication Administration) Outpatient Medication Barcode Scanners for the Department of Veterans Affairs VISN 15 facilities.

The Government seeks delivery of 697 wireless/cordless scanners and 574 wired/corded scanners to seven VA medical centers within 90 days of contract award. All scanners must be validated by Oracle Health and listed on Oracle Health's Validated Peripheral List (VPL). The solicitation specifies detailed salient characteristics for all scanners, including 2D imaging capability, support for ISBT 128 blood bank standards and GS-1 barcode symbologies, omnidirectional scanning, minimum 3-inch focal distance, and adjustable audible alerts. Wireless scanners must meet FIPS 140-3 compliance, weigh less than 16 ounces with battery, maintain 20-foot transmission range, withstand 4-foot drops, and provide battery life exceeding 2,000 recharge cycles. Wired scanners must weigh less than 10 ounces and similarly withstand multiple drops. All scanners require USB interface connectivity and must support CDC-approved disinfection methods. The contractor must provide one-year minimum warranty beginning after acceptance, technical support with designated point of contact, firmware upgrades at no additional cost during the warranty period, and complete operator manuals, service manuals, and troubleshooting guides electronically at no charge.

The solicitation is unrestricted and uses a comparative evaluation process across three factors: Technical Capability (including VPL validation and 90-day delivery requirement), Past Performance, and Price. Quotes are due by July 22, 2026, at 11:00 a.m. CDT. The Government reserves the right to award to other than the lowest-priced offer. Delivery destinations include facilities in Topeka, Columbia, Wichita, Poplar Bluff, St. Louis, Kansas City, and Marion, with specific quantity allocations to each location. Large business offerors must provide a subcontracting plan per FAR Clause 52.219-9. The Government will make payments via electronic funds transfer in accordance with the Prompt Payment Act, with invoices submitted electronically to the VA Financial Services Center in Austin, Texas. This is a commercial items acquisition with a firm-fixed-price contract structure.

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AMENDMENT 0003.pdf PDF
AMENDMENT 0002.pdf PDF
ATTACH_OHVPL Spreadsheet.xlsx XLSX spreadsheet
AMENDMENT 0001.pdf PDF

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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 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 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

491-26-3-1025-0013

36C25526Q0427 06-17-2026

Teresa Cabanting, teresa.cabanting@va.gov 913-946-1976 07-22-2026

11:00AM CDT

36C255

Department of Veterans Affairs

Network Contracting Office (NCO) 15

3450 S 4th Street Trafficway

Leavenworth KS 66048

X

334118

1000 Employees

NET 30

X

See Section B.4

36C255

Department of Veterans Affairs

3450 S 4th Street Trafficway

36C255

Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

877-353-9791 512-460-5429

See CONTINUATION Page

BCMA Outpatient Medication Barcode Scanners | VISN 15

This solicitation is for the Contractor to provide BCMA

Outpatient Medication Barcode Scanners for the VISN 15 facilities in accordance with the Statement of Requirements.

IMPORTANT: FAR Clauses 52.212-1(b) and 52.212-2 have all instructions to offerors and evaluation criteria needed to submit a full quote package. Missing pieces of the quote package or quote package not conforming to the instructions will render the quote non-responsive.

This solicitation is Unrestricted. All questions will be sent via E-mail to Teresa Cabanting, teresa.cabanting@va.gov

Telephonic questions will not be accepted. Questions period ends 07/07/2026 by 11:00 a.m. Central.

This solicitation is for Brand Name or Equal in accordance with VAAR 852.214-72 Alternate Items.

See CONTINUATION Page

X X

X 1

Teresa Cabanting

Contracting Officer mailto:teresa.cabanting@va.gov mailto:teresa.cabanting@va.gov

36C25526Q0427

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

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

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 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

1998)

E.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2024)

E.4 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—

REPRESENTATION (JAN 2017)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Name:

Address:

City, State, Zip:

Phone-Office:

E-mail:

UEI:

b. GOVERNMENT: Department of Veterans Affairs

3450 S. 4th Street Trafficway

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

[X] 52.232-34, Payment by Electronic Funds Transfer -Other than System for

Award Management

3. INVOICES: Invoices shall be submitted in arrears:

[X] UPON ACCEPTANCE OF ITEMS

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.

Financial Services Center

Austin, TX

5. 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

1. BACKGROUND: VISN 15 has a requirement for 697 Cordless/Wireless Scanners and 574

Corded/Wired Scanners. This equipment is required to be in compliance with the VA Electronic Health Record Modernization (EHRM) initiative, slated for November 2027 and January 2028, “go lives”, at all VISN 15 facilities. As part of this initiative, the Bar Code Medication Administration (BCMA) system is expanding to include Clinic Orders (CO), thereby extending its use to outpatient areas. To ensure seamless integration and maintain consistency with the existing BCMA infrastructure, it is essential to procure BCMA scanners that will be compatible with both BCMA and Oracle/Cerner. Oracle Health’s Validated Peripheral List (VPL) contains several BCMA scanners that will provide the necessary compatibility and reliability required for the successful expansion and implementation of the BCMA system within the scope of the EHRM initiative.

2. SCOPE OF WORK: Contractor will deliver 697 Wireless Scanners and 574 Wired Scanners to each facility Section B.4 and below Section 5 of this Statement of Requirements. The Contractor will provide all resources necessary to comply with the deliverables described in this Statement of Requirements.

Delivery will occur within 90 days of contract award to seven VISN 15 facilities.

3. GENERAL TASK REQUIREMENTS:

All barcode scanners must be validated by Oracle Health and therefore must be listed on Oracle Health’s VPL.

Salient Characteristics: The Contractor must provide all resources necessary to deliver the specified equipment in accordance with the required salient characteristics (see below Tables 1, 2, & 3):

Table 1: All Scanners The following requirements apply to all scanners regardless of form factor (e.g. wired, wireless, or integrated)

Scanner will support a camera-based area imager with a 2D imager engine bar code scanner

Scanner will support one dimensional and two-dimensional bar code capability

Scanner will read all symbologies used for ISBT 128 blood bank standards

Scanner will read all GS-1 standard bar code symbologies to include linear and GS-1 DataBar

Scanner will be configurable to enable and disable the ability to read the composite portion of the GS-1 DataBar symbology

Scanner will be pre-programmed to VA BCMA Defaults (scannable set-up "cheat sheet" is acceptable) (See Below for VA BCMA Defaults)

Scanner will allow firmware upgrades to be installed in the field

Scanner firmware will be backward and forward compatible

Scanner will support omnidirectional scanning

Scanner will support a minimum focal distance of not less than 3 inches

Scanner will support scan area illumination providing visibility of the area being scanned

Scanner will support audible alerts that are adjustable by the end user

Contractor provides firmware upgrades at no cost during warranty period

Table 2: Wireless Scanners Requirement for Wireless/Cordless Barcode Scanners

Scanner will be compliant with FIPS 140-3 (min level 1)

Scanner will not require additional external hardware to meet FIPS compliance

Scanner will support a camera-based area imager with a 2D imager engine bar code scanner

Scanner will support audible alerts that are adjustable by the end user

Scanner will provide an audio or visual low battery alert/indicator

Scanner handset will weigh less than 16 oz with battery included

Scanner will have a transmission range of not less than 20 feet to base station

Scanner will continue to function after multiple minimum 4 foot drops to concrete

Scanner will have an IP seal rating greater than 40

Device must withstand low and intermediate disinfection using methods approved by CDC for noncritical items throughout the lifecycle of the unit (Guideline for Disinfection and Sterilization in Healthcare Facilities, CDC, 2008, Table 1).

Scanner base station will connect using a standard USB interface

Base station will use "power over USB" for charging scanner and communication (i.e. will not require separate power source)

If scanner's design uses a "pistol" style grip, the grip is not a separate piece/accessory.

Scanner retains settings after power interruption

Scanner battery life will exceed 2000 recharge cycles

Scanner battery will not develop charge memory

Scanner battery recharging time will be less than 3 hours

Scanner will not require tools to replace batteries

Contractor provides firmware upgrades at no additional cost during warranty period

Table 3: Wired Scanners Requirement for Wired/Corded Barcode Scanners

Scanner will support a camera-based area imager with a 2D imager engine bar code scanner

Scanner will support audible alerts that are adjustable by the end user

Scanner handset will weigh less than 10 oz

Scanner will continue to function after multiple minimum 4-foot drops to concrete

Scanner will have an IP seal rating greater than 40

Device must withstand low and intermediate disinfection using methods approved by CDC for noncritical items throughout the lifecycle of the unit (Guideline for Disinfection and Sterilization in Healthcare Facilities, CDC, 2008, Table 1).

Scanner will connect using a standard USB interface

If scanner's design uses a "pistol" style grip, the grip is not a separate piece/accessory.

Contractor provides firmware upgrades at no additional cost during warranty period

***Hands free mode requires the scanner to use a mount or base station to keep the scanner in the upright scanning position.

Technical Support – The Contractor will provide a Point of Contact (POC) name, phone number, and E-mail address for technical support during the warranty period.

Warranty – All equipment and materials will come with a standard one-year warranty as a minimum. Warranty will begin after acceptance of equipment.

Operator Manuals, Service Manuals, Electronic Schematics, Troubleshooting Guides - The Contractor will provide, at no charge, complete and unabridged electronic copies of operator manuals, service manuals, troubleshooting guides and parts lists for each piece of equipment purchased to each of the facility’s Government point of contact at time of delivery of equipment. Additionally, any upgrades to these documents will be provided electronically by the Contractor free of charge. There will be no limit on the number of electronic copies of these manuals that the Contractor provides.

4. VA BCMA Default Settings for All Bar Code Scanners

• Automatic carriage return is enabled

• Ability for scanner to read the composite portion of GS1 Databar symbology is disabled by default

• Scanner beep volume is set to medium

• Scanner is pre-programmed to read all common 1D and 2D symbologies, for example:

❖ 1D

▪ Code 128

▪ Code 39

▪ Interleaved 2 of 5

▪ UPC

▪ Codabar

▪ ISBT 128

❖ 2D

▪ Aztec

▪ DataMatix

▪ PDF417

▪ RSS/GS1 Databar

Hours of Operation – Standard Operational Hours are 0730-1600 CST, Monday through Friday, excluding federal holidays and weekends.

• Federal holidays are: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day

5. Each location/Facility and the number of scanners to be delivered:

Wired (Corded) Barcode Scanner & Brackets

Site Wired (Corded) Scanners

Topeka 25

Columbia 150

Wichita 25

Poplar Bluff 10

St Louis 364

Kansas City 0

Marion 0

Total 574

Wireless (Cordless) Barcode Scanner & Brackets

Site Wireless (Cordless) Scanners

Topeka 100

Columbia 50

Wichita 25

Poplar Bluff 30

St Louis 148

Kansas City 144

Marion 200

Total 697

All scanners & brackets will be shipped directly to the site in the quantities listed above (see Section B.4 Delivery for all delivery addresses).

6. ORACLE HEALTH VALIDATED PERIPHERAL LIST

See attached, OHVPL Spreadsheet

END OF STATEMENT OF REQUIREMENTS

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

25.00 EA __________________ __________________

Topeka VAMC Wired (Corded) Barcode Scanner

Brand Name or Equal to Honeywell 1960HHD-5USB-N PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 1960HHD-5USB-N

100.00 EA __________________ __________________

Topeka VAMC Wireless (Cordless) Barcode Scanner

Brand Name or Equal to Honeywell 1962HHD-5USB-5F-N PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1962HHD-5USB-5F-N

150.00 EA __________________ __________________

Columbia VAMC Wired (Corded) Barcode Scanner

PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

50.00 EA __________________ __________________

Columbia VAMC Wireless (Cordless) Barcode Scanner

PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Wichita VAMC Wired (Corded) Barcode Scanner

PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

Wichita VAMC Wireless (Cordless) Barcode Scanner

PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

10.00 EA __________________ __________________

Poplar Bluff VAMC Wired (Corded) Barcode Scanner

PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

30.00 EA __________________ __________________

Poplar Bluff VAMC Wireless (Cordless) Barcode Scanner

PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

364.00 EA __________________ __________________

St. Louis VAMC (JC) Wired (Corded) Barcode Scanner

PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

148.00 EA __________________ __________________

St. Louis (JC) VAMC Wireless (Cordless) Barcode Scanner

PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

144.00 EA __________________ __________________

Kansas City VAMC Wireless (Cordless) Barcode Scanner

PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

200.00 EA __________________ __________________

Marion VAMC Wireless (Cordless) Barcode Scanner

PRINCIPAL NAICS CODE: 334118 - Computer Terminal and Other Computer Peripheral Equipment Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

GRAND TOTAL

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 &

SHIP TO: Colmery-O'Neil VAMC VA Medical Center 2200 SW Gage Blvd Topeka, KS 66622

USA

ALL 90 Days ARO

MARK FOR: TBD

FOB: DESTINATION

0003 &

SHIP TO: Harry S. Truman Memorial Veteran's Hospital

800 Hospital Dr.

Columbia, MO 65201

USA

0005 &

SHIP TO: Robert J. Dole VA Medical Center 5500 E. Kellogg Ave.

Wichita, KS 67218

USA

0007 &

SHIP TO: John J. Pershing VA Medical Center 1500 Westwood Blvd.

Poplar Bluff, MO 63901

USA

0009 7

SHIP TO: St. Louis (JOHN COCHRAN)

VAMC

915 S. Grand Blvd.

St. Louis, MO 63103

USA

0011 SHIP TO: Kansas City VA Medical Center 4801 East Linwood Boulevard Kansas City, MO 64128 2226

USA

0012 SHIP TO: Marion VAMC 2401 West Main Street Marion, IL 62959

USA

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 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

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR

HUBZONE SMALL BUSINESS CONCERNS (DEVIATION)

NOV 2025

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS

(DEVIATION)

NOV 2025

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN

(DEVIATION)

NOV 2025

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION) NOV 2025

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (DEVIATION)

NOV 2025

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

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

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

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

852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS

(DEVIATION)

JAN 2023

852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019

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

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.

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.

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 https://www.sam.gov 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…

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