; and (C) provide an environment for analysis that is interoperable. (4) Commercial items The Administrator shall comply with section 3307 of title 41, United States Code, in awarding a contract under paragraph (1). The Administrator may not enter into a contract for any capabilities sought under paragraph (1) that are not for commercial items unless the Administrator first determines in writing that no commercial items are suitable to meet the needs of the Drug Enforcement Administration. (5) Timeline of contract Any contract awarded under paragraph (1) for a data management and visual analytics solution shall require the public or private entity awarded such contract to deliver a functioning solution sufficient to fulfill the purposes of this section not later than 180 days after the date on which the contract is awarded, unless the Administrator grants an extension for unforseen delays. (6) Federal Acquisition Regulation A contract awarded under this subsection shall be in accordance with the Federal Acquisition Regulation. (7) Access to data An entity that is awarded a contract under this subsection shall have access to the relevant data to create the system. (e) Waiver (1) In general Beginning on the date on which the 36-month period described in subsection (b)(1)(A)(ii) expires, a pharmacy may submit to the Administrator an application for a waiver from the requirements of subsection (b)(1)(A) if the pharmacy is unable to transmit orders electronically. (2) Response The Administrator shall approve or deny an application submitted under paragraph (1) not later than the 90-day period beginning on the date on which the application is received. (3) Liability No waiver issued under paragraph (1) shall mitigate the liability of the pharmacy for any drugs diverted that did not pass through the clearinghouse. (f) Funding (1) Diversion control fee account The activities performed under this section shall be considered to be elements of the diversion control program for purposes of this section. (2) Prohibition No