WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Solicitation/Contract Form Electroencephalogragh

Product Service Code: 6515

HT940626QE022

Supplies or Services & Prices or Costs Additional Information/Notes

Item Supplies / Services Quantity Unit Unit Price Amount

EEG-1260A Portables (Brand Name or Equal) / See salient characteristics.

Manufacturer's Name: Nihon Kohden Product Service Code: 6515 North American Industry Classification System (NAICS): 339112 Pricing Arrangement: Firm Fixed Price

2 Each

EEG-1260A Fixed OP Rooms (Brand Name or Equal) / See salient characteristics.

Manufacturer's Name: Nihon Kohden Product Service Code: 6515 North American Industry Classification System (NAICS): 339112 Pricing Arrangement: Firm Fixed Price

2 Each

EEG - Review Station and Software for Citrix (Brand Name or Equal) / See salient characteristics.

Manufacturer's Name: Nihon Kohden Product Service Code: 6515 North American Industry Classification System (NAICS): 339112 Pricing Arrangement: Firm Fixed Price

1 Each

EEG - Server/Storage and HL7 Interface (Brand Name or Equal) / See salient characteristics.

Manufacturer's Name: Nihon Kohden Product Service Code: 6515 North American Industry Classification System (NAICS): 339112 Pricing Arrangement: Firm Fixed Price

1 Each

Installation solution, Standard Warranty, training if applicable and door to door delivery.

Manufacturer's Name: Kihon Kohden Product Service Code: 6515 North American Industry Classification System (NAICS): 339112 Pricing Arrangement: Firm Fixed Price

1 Each

Description/Specifications/Statement of Work SALIENT CHARACTERISTIFS FOR Electroencephalograph (EEG) Acquisition System

BRAND NAME OR EQUAL

Equipment must meet all of the following salient characteristics to meet the Government's need.

- Equipment must have an ATO/ATO-C at the time of award.

- Vendor ATO/ATO-C must include servers that are within the vendors boundaries.

- Capable of rapidEEG up to full intracranial capabilities with secondary data stream capabilities.

- Must have cortical stimulation hardware that allows for a full range of stimulation parameters for accurate diagnosis. For not just Ojemann-Penfield based parameters, but single pulse and fast pulse stimulation up to 1000 Hz.

- Must allow for acquisition with transparent video, aggregate channel labels for high channel count, and security of data with local server transfers with error checking and auto purging backup.

- User interface for acquisition must allow extensive control of layout, tools, buttons, and views. Cortical stimulation must allow for rapid and automatic mapping of functionality, with ability to use patient specific anatomical models, and consolidated reporting.

- Must have graphical patient anatomy models for electrode locations.

- Must have real-time monitoring with full interactivity of up to 12 patients per system and acuity-based controls with per patient summary sets.

- Must have review for full admission, not just study or day based, review of data without excessive navigation via the database to locate/interact with files.

- Must have data management clipping that allows for function across the entire patient admission data set.

- Must allow clinicians to see all patient information in a horizontal screen which allows for whole breadth analysis.

- Must have the ability to select multiple collections of relevant events and export to PowerPoint with full review functionality.

- Must have the ability to interface with 3rd party software that does not require additional purchases which allows for quantitative analysis including wide band multichannel analysis of customized length data sets.

- Must have synchronized multi-window review with separate settings for review of data, including intracranial data.

- Must have Trend, push button, and seizure alert notifications, can also be integrated with nurse call system.

- Amplifier must have 32 channels total.

- Amplifier must have 10-20 input layout.

- Amplifier must have 3 dedicated bipolar channels and 4 programmable bipolar channels.

- Input impedance must be 100 M.

- Must have CMRR >105 dB.

- Must have internal noise levels Must have high cut filter of 300 Hz (-18db/oct).

- Must have low cut filter of .016-160 Hz.

- Must have sampling frequency up to 1000Hz.

- Server must have 1u, Single Socket; Intel Xeon 3000/5000 series, Core 2 Duo, Celeron designed for entry level, space constrained environments.

- Server memory must have capacity up to 24GB (6 x 4GB) DDR2 667/800MHz ECC SDRAM.

- Installation, training if applicable, standard warranty and door to door delivery.

END OF SALIENT CHARACTERISTICS

Requirements Electroencephalograph, Review Station and Software, Server/Storage and HL7 Interface and installation

Packaging and Marking

Inspection and Acceptance Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Contract Terms and Conditions for Inspection and Acceptance criteria.

DoDAAC: HT0882

LANDSTUHL RMC - PB

KIRCHBERG KASERNE BLDG 3739, LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

FRANCIS.NWACHUKWU

Email: FRANCIS.NWACHUKWU.LN@HEALTH.MIL Telephone: 490637194644960

Inspection and Acceptance Location

Both Destination Instructions: See Contract Terms and Conditions for Inspection and Acceptance criteria.

DoDAAC: HT0882

LANDSTUHL RMC - PB

KIRCHBERG KASERNE BLDG 3739, LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

FRANCIS.NWACHUKWU

Email: FRANCIS.NWACHUKWU.LN@HEALTH.MIL Telephone: 490637194644960

Inspection and Acceptance Location

Both Destination Instructions: See Contract Terms and Conditions for Inspection and Acceptance criteria.

DoDAAC: HT0882

LANDSTUHL RMC - PB

KIRCHBERG KASERNE BLDG 3739, LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

FRANCIS.NWACHUKWU

Email: FRANCIS.NWACHUKWU.LN@HEALTH.MIL Telephone: 490637194644960

Inspection and Acceptance Location

Both Destination Instructions: See Contract Terms and Conditions for Inspection and Acceptance criteria.

DoDAAC: HT0882

LANDSTUHL RMC - PB

KIRCHBERG KASERNE BLDG 3739, LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

FRANCIS.NWACHUKWU

Email: FRANCIS.NWACHUKWU.LN@HEALTH.MIL Telephone: 490637194644960

Inspection and Acceptance Location

Both Destination Instructions: See Contract Terms and Conditions for Inspection and Acceptance criteria.

DoDAAC: HT0882

LANDSTUHL RMC - PB

KIRCHBERG KASERNE BLDG 3739, LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

FRANCIS.NWACHUKWU

Email: FRANCIS.NWACHUKWU.LN@HEALTH.MIL Telephone: 490637194644960

Deliveries or Performance Statement of Work for EEG System

1. Introduction of Required EEQ System:

1.1 Purpose: The purpose of this Statement of Work (SOW) is to outline the tasks and responsibilities of the awarded contractor in relation to provisions, installation, integration and implementation of a complete ATO certified EEG system at the Landstuhl Regional Medical Center, Landstuhl, Germany.

1.1.2 Contractor shall provide all necessary tools, equipment/hardware, software, licenses, installation, maintenance, warranty, and training in accordance with this

SOW.

1.1.3 Primary Goals: Provide a complete EEG system including equipment, accessories, review stations, licenses, and software in order to replace current Government-owned EEG equipment that has reached its end of life.

1.1.4 Equipment: All equipment must be new, state of the art, and not recertified nor refurbished. All equipment must be compliant with current facility requirements for allowable operating system platforms.

1.1.5 Industry Standards: Unless otherwise stated, all equipment must be held to current industry standards for such equipment as present within the current market for EEG system equipment, supplies, and related services.

1.1.6 Contractor must meet all minimum requirements contained in section 1.3.

1.2 Definitions:

1.2.1 EEG System: An EEG system is equipment used to test and detect abnormalities in patient brain waves, and/or electrical activity.

1.2.2 Clinical acceptance: Initial Clinical use means the delivered equipment as determined by the Government performs the basic intended clinical function of the system in a safe manner for the purpose for which it was designed, with most or all system functionality, allowing the equipment to be used clinically. This begins the initial Contractor warranty period.

1.2.3 Warranty: Equipment has one year of parts and depot support. Supply items shall be warranted for 90 days from the date of shipment. The products shall warranted to be free from material defects in workmanship or material under normal use and service for the warranty period.

1.3 Equipment Minimum Requirements:

1.3.1 EEG System:

Capable of rapid EEG up to full intracranial capabilities with secondary data stream capabilities.

- Must have real-time wireless (not Bluetooth) accessibility for full data for critical review and intervention.

- Must have cortical stimulation hardware that allows for a full range of stimulation parameters for accurate diagnosis. For not just Ojemann-Penfield based parameters, but single pulse and fast pulse stimulation up to 1000 Hz.

Must allow for acquisition with transparent video, aggregate channel labels for high channel count, and security of data with local server transfers with error checking and auto purging backup.

User interface for acquisition must allow extensive control of layout, tools, buttons, and views.

Cortical stimulation must allow for rapid and automatic mapping of functionality, with ability to use patient specific anatomical models, and consolidated reporting.

Must have graphical patient anatomy models for electrode locations.

Must have real-time monitoring with full interactivity of up to 12 patients per system and acuity-based controls with per patient summary sets.

Must have review for full admission, not just study or day based, review of data without excessive navigation via the database to locate/interact with files.

Must have data management clipping that allows for function across the entire patient admission data set.

Must allow clinicians to see all patient information in a horizontal screen which allows for whole breadth analysis.

Must have the ability to select multiple collections of relevant events and export to PowerPoint with full review functionality.

Must have the ability to interface with 3rd party software that does not require additional purchases which allows for quantitative analysis including wide band multichannel analysis of customized length data sets.

Must have synchronized multi-window review with separate settings for review of data, including intracranial data.

Equipment must have an ATO-C at the time of award.

Must be compatible with existing Government-owned equipment already in place at the facility.

1.3 Installation Considerations:

1.4.1 This SOW does not include turnkey installation.

1.4.3 Contractor must comply with all facility mandated and local permitted/safety requirements.

1.4.4 Contractor will dispose of all boxes, trash and debris resulting from installation IAW hospital policy.

1.4.5 Remote Access: Contractor Enterprise Integration Manager (EIM) and remote service technicians, using secure remote access solution, will access the Servers to install and configure the system. After installation this remote access will be used to service the system for repairs, troubleshooting, updating and maintenance as required and possible. Contractor will have service technicians complete any security requirements and to include fingerprinting, completion of the Background Investigation (SF86), HIPAA, and other training.

1.4.6 Delivery of equipment will be NLT 120 days ARO.

1.4.7 Installation of equipment and/or clinical training will be NLT five months after delivery of equipment, if applicable.

1.5 Support Features:

1.5.1 Telephone Support: Must include 24x7x365 Unlimited Telephone Support, 24x7 Go-Live Clinical Support by Telephone per Department, 24x7 Ongoing Clinical Support by Telephone per Department for the life of the system. This support must be at no additional cost to the Government.

1.5.2 There is no maintenance and/or service-related costs included in this SOW for equipment and/or ATO-C maintenance. That will need to be purchased on a separate contract.

1.6 Warranty:

1.6.1 Equipment Warranty: Equipment has one year of parts and depot support. Supply items are warranted for 90 days from the date of shipment. The products are warranted to be free from material defects in workmanship or material under normal use and service for the warranty period. Third party items carry OEM warranty.

1.7 Exclusions:

1.7.1 Asbestos testing or abatement is not the responsibility of the Contractor.

1.7.2 The contractor will not work in a bio-hazardous, radioactive, toxic, or other high-risk environment.

1.7.3 The Contractor will not provide structural, mechanical, conduit installation or electrical drawings.

1.7.4 The facility is responsible for hanging any devises on the wall/ceiling that require drilling behind sheetrock.

1.7.5 The facility is responsible to repair-patch and/or paint any walls or ceilings effected by installation or deinstallation of equipment.

1.7.6 The facility is responsible for any new network or cabling required for the installation of the system.

1.7.7 The facility is responsible for the deinstallation and removal of existing Government-owned equipment.

End Statement of Work

Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes

Delivery Schedule From date of lead time event to delivery 60 Calendar Days Date of Award

2 Each Ship To DoDAAC: HT0882

LANDSTUHL RMC - PB

KIRCHBERG KASERNE BLDG 3739, LANDSWEILER

STRASSE

LANDSTUHL 66849

GERMANY

FRANCIS.NWACHUKWU

Email: FRANCIS.NWACHUKWU.LN@HEALTH.MIL Telephone: 490637194644960

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to delivery 60 Calendar Days Date of Award

2 Each Ship To DoDAAC: HT0882

LANDSTUHL RMC - PB

KIRCHBERG KASERNE BLDG 3739, LANDSWEILER

STRASSE

LANDSTUHL 66849

GERMANY

FRANCIS.NWACHUKWU

Email: FRANCIS.NWACHUKWU.LN@HEALTH.MIL Telephone: 490637194644960

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to delivery 60 Calendar Days Date of Award

1 Each Ship To DoDAAC: HT0882

LANDSTUHL RMC - PB

KIRCHBERG KASERNE BLDG 3739, LANDSWEILER

STRASSE

LANDSTUHL 66849

GERMANY

FRANCIS.NWACHUKWU

Email: FRANCIS.NWACHUKWU.LN@HEALTH.MIL Telephone: 490637194644960

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to delivery 60 Calendar Days Date of Award

1 Each Ship To DoDAAC: HT0882

LANDSTUHL RMC - PB

KIRCHBERG KASERNE BLDG 3739, LANDSWEILER

STRASSE

LANDSTUHL 66849

GERMANY

FRANCIS.NWACHUKWU

Email: FRANCIS.NWACHUKWU.LN@HEALTH.MIL Telephone: 490637194644960

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to delivery 60 Calendar Days Date of Award

1 Each Ship To DoDAAC: HT0882

LANDSTUHL RMC - PB

KIRCHBERG KASERNE BLDG 3739, LANDSWEILER

STRASSE

LANDSTUHL 66849

GERMANY

FRANCIS.NWACHUKWU

Email: FRANCIS.NWACHUKWU.LN@HEALTH.MIL Telephone: 490637194644960

FoB Details Contractor Destination

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.247-34 F.o.b. Destination. Jan 1991

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Electronic invoicing.

Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before WAWF training.

submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. WAWF methods of document submission.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this WAWF payment instructions.

contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

_COMBO INVOICE___

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating Document routing.

payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC _HT0672___

Issue By DoDAAC HT9406____

Admin DoDAAC HT9406____

Inspect By DoDAAC HT0882____

Ship To Code HT0882____

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance Payment request.

with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Primary Inspector and Acceptance

Mr. Francis Nwachukwu

Email: francis.nwachukwu.ln@health.mil

Phone: +49 (0) 6371-9464-4960

Contracting Specialist: Bouaphet Phanvongsa / Email:bouaphet.phanvongsa2.civ@health.mil

Phone: Civ +49 (0) 63719464-9464-7916____

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements

Contract Clauses Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services

Paragraph 52.212-4(w) is hereby added:

(w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038) Feb 2026 52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038) Feb 2026

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038)

Feb 2026

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038) Feb 2026 52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026-O0038) Feb 2026 52.222-19 Child Labor-Cooperation with Authorities and Remedies. (Deviation 2026-O0038) Mar 2026 52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) Feb 2026 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026-O0038) Feb 2026 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. (Deviation 2026-O0038) Feb 2026 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038) Feb 2026 52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) Feb 2026 52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038) Feb 2026

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. Jan 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7041 Correspondence in English. Jun 1997 252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

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://acquisition.gov/ [Insert one or more Internet addresses]____ ____

(End of clause)

52.252-6 Authorized Deviations in Clauses. (Nov 2020)

AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the (a) addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any [insert regulation name] (48 CFR ) clause with an authorized deviation is (b) DoD FAR Supplement (48 CFR 2 indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DFARS Clauses Incorporated by Full Text

252.204-7010 Requirement for Contractor to Notify DoD if the Contractor's Activities are Subject to Reporting Under the U.S.-International Atomic Energy Agency Additional Protocol. (Jan 2009)

REQUIREMENT FOR CONTRACTOR TO NOTIFY DOD IF THE CONTRACTOR'S ACTIVITIES ARE SUBJECT TO REPORTING UNDER THE U.S.-

INTERNATIONAL ATOMIC ENERGY AGENCY ADDITIONAL PROTOCOL (JAN 2009)

(a) If the Contractor is required to report any of its activities in accordance with Department of Commerce regulations (15 CFR Part 781 .) or Nuclear Regulatory et seq

Commission regulations (10 CFR Part 75) in order to implement the declarations required by the U.S.-International Atomic Energy Agency Additional Protocol (U.S.-IAEA AP), the Contractor shall-

(1) Immediately provide written notification to the following DoD Program Manager:

[Contracting Officer to insert Program Manager's name, mailing address, e-mail address, telephone number, and facsimile number]____ ;

(2) Include in the notification-

(i) Where DoD contract activities or information are located relative to the activities or information to be declared to the Department of Commerce or the

Nuclear Regulatory Commission; and

(ii) If or when any current or former DoD contract activities and the activities to be declared to the Department of Commerce or the Nuclear Regulatory

Commission have been or will be co-located or located near enough to one another to result in disclosure of the DoD activities during an IAEA inspection or visit; and

(3) Provide a copy of the notification to the Contracting Officer.

(b) After receipt of a notification submitted in accordance with paragraph (a) of this clause, the DoD Program Manager will-

(1) Conduct a security assessment to determine if and by what means access may be granted to the IAEA; or

(2) Provide written justification to the component or agency treaty office for a national security exclusion, in accordance with DoD Instruction 2060.03, Application of the National Security Exclusion to the Agreements Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the

United States of America . DoD will notify the Contractor if a national security exclusion is applied at the Contractor's location to prohibit access by the IAEA.

(c) If the DoD Program Manager determines that a security assessment is required-

(1) DoD will, at a minimum-

(i) Notify the Contractor that DoD officials intend to conduct an assessment of vulnerabilities to IAEA inspections or visits;

(ii) Notify the Contractor of the time at which the assessment will be conducted, at least 30 days prior to the assessment;

(iii) Provide the Contractor with advance notice of the credentials of the DoD officials who will conduct the assessment; and

(iv) To the maximum extent practicable, conduct the assessment in a manner that does not impede or delay operations at the Contractor's facility; and

(2) The Contractor shall provide access to the site and shall cooperate with DoD officials in the assessment of vulnerabilities to IAEA inspections or visits.

(d) Following a security assessment of the Contractor's facility, DoD officials will notify the Contractor as to-

(1) Whether the Contractor's facility has any vulnerabilities where potentially declarable activities under the U.S.-IAEA AP are taking place;

(2) Whether additional security measures are needed; and

(3) Whether DoD will apply a national security exclusion.

(e) If DoD applies a national security exclusion, the Contractor shall not grant access to IAEA inspectors.

(f) If DoD does not apply a national security exclusion, the Contractor shall apply managed access to prevent disclosure of program activities, locations, or information in the U.S. declaration.

(g) The Contractor shall not delay submission of any reports required by the Department of Commerce or the Nuclear Regulatory Commission while awaiting a DoD response to a notification provided in accordance with this clause.

(h) The Contractor shall incorporate the substance of this clause, including this paragraph (h), in all subcontracts that are subject to the provisions of the U.S.-

IAEA AP.

(End of clause)

252.211-7003 Item Unique Identification and Valuation. (Jan 2023)

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) . As used in this clause- Definitions

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert "See Schedule in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .____

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .____

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.

(4) The Contractor shall ensure that- Data syntax and semantics of unique item identifiers.

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) . Unique item identifier

(i) The Contractor shall-

(A) Determine whether to-

Serialize within the enterprise identifier; (1)

Serialize within the part, lot, or batch number; or (2)

Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (3)

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent;

and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL- STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods-

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) , Unique Item Identifier Report for Embedded Items, Contract ____ Data Requirements List, DD Form 1423.

(g) . If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of Subcontracts this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.

(End of clause)

252.229-7001 Tax Relief. (Alternate I) (Apr 2020) Alternate I (Apr 2020)

Alternate I. As prescribed in 229.402-70(a) and (a)(2), use the following clause, which adds a paragraph (d) not included in the basic clause:

TAX RELIEF-ALTERNATE I (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: Mehrwertsteuer MWST RATE (PERCENTAGE): 19%

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free.

(End of clause)

List of Attachments

Representations, Certification, & Other Statements

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. Sep 2024 52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-O0038) Feb 2026

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022

FAR Clauses Incorporated by Full Text

52.204-90 Offeror Identification. (Deviation 2026-O0038) (Feb 2026)

OFFEROR IDENTIFICATION (FEB 2026) (DEVIATION 2026-O0038)

If the Offeror will not have an active Federal Government contracts registration in the System for Award Management (https://www.sam.gov) when submitting its offer, it shall complete paragraphs (c) and (d) of this provision and include its responses with its offer.

(a) . As used in this provision-Definitions

Commercial and Government Entity (CAGE) code has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.

Common parent means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer Identification Number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns.