3-Combined Synopsis Solicitation Scientific Multimedia Support Services FINAL 13 SEP 2024.pdf

Combined Synopsis/Solicitation No. 75N96024Q00117

NIEHS, Office of Acquisitions

Combined Synopsis/Solicitation for Commercial Items

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

I. General Information

Document Type: Combined Synopsis/ Solicitation

Solicitation Number: 75N96024Q00117

Posted Date: 13 September 2024

Original Response Date: 27 September 2024

Current Response Date: 27 September 2025

Product or Service Code: T001 ‐ Arts‐Graphic Services

Set Aside: Total Small Business

NAICS Code: 541430 ‐ Graphic Design Services

II. Contracting Office Address

NIEHS/Office of Acquisitions (OA) 530 Davis Drive Morrisville, NC 27560

III. Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for quotations (RFQ)). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024‐06 effective 30 July 2024.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541430 ‐ Graphic Design Services, with a small business size standard of $9M.

The NIEHS is seeking to purchase Scientific Multimedia Support Services in support of the Office of Communications and Public Liaison (OCPL) located at NIEHS Research Triangle Park, North Carolina.

All interested companies shall provide quotations for the services delineated in Attachment 2, Performance Work Statement (PWS).

The purchase order period of performance is base period plus four (4) option periods pursuant to FAR 52.217‐9 (Option to Extend the Term of the Contract). The anticipated contract type is a Firm Fixed Price (FFP) purchase order. The anticipated start date is o/a 15 November 2024 for this acquisition.

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. No award will be made under this solicitation until funds are available in

FY25.

IV. Place of Performance

Address: NIEHS, Bldg. 101, Research Triangle Park, NC

Postal Code: 27709

Country: UNITED STATES

Award shall be made to the Quoter whose quotation offers the best value to the government, considering technical capability, past performance and price. The selection for award(s) will be conducted utilizing FAR 13.5 ‐ Simplified Procedures for Certain Commercial Products and

Commercial Services. Although technical factors are of paramount consideration in the award of the contract, past performance, and price are also important to the overall contract award decision. All evaluation factors, other than price, when combined, are significantly more important than price. The Government intends to make an award to the Quoter whose quotation provides the best overall value to the Government.

The evaluation will be based on the demonstrated capabilities of the prospective Contractors, in relation to the needs of the project, as set forth in the solicitation. The merits of each quotation will be evaluated carefully. Each quotation must document the feasibility of successful implementation of the requirements of the solicitation. Quoters must submit information sufficient to evaluate their quotations, based on the detailed factors listed below.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212‐1, “Instructions to Quoters–Commercial Products and Commercial Services” (September 2023) Addendum to FAR 52.212‐1 has been included.

2. FAR 52.212‐2, “Evaluation – Commercial Products and Commercial Services” (November 2021) Addendum to FAR 52.212‐2 has been included.

3. FAR 52.212‐3, “Offerors Representations and Certifications–Commercial Products and Commercial Services,” (May 2024)

Quoters must complete annual representations and certifications on‐line at the SAM website may be accessed at: http://www.sam.gov in accordance with FAR 52.212‐3, “Offerors Representations and Certifications–Commercial Products and Commercial Services” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

FAR 52.212‐4, “Contract Terms and Conditions–Commercial Products and Commercial Services” (November 2023)

FAR 52.212‐5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” (May 2024)

The following subparagraphs of FAR 52.212‐5 are applicable: See Attachment 1.

For applicable HHSAR Clauses, see Attachment 1

This is an open‐market combined synopsis/solicitation for services as defined herein. The government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

Submission shall be received not later than 27 September 2024 at 2:00PM EST via email to chantal.cornelius@nih.gov (Contract Specialist) and charlotte.ange@nih.gov (Contracting Officer). Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212‐1(f). Faxed, hand delivered, or physically mailed quotes WILL NOT be accepted. The burden of ensuring the quote is received by this office, within the stated timeframe, is the Quoter’s responsibility.

Any questions or concerns regarding this solicitation should be forwarded in writing via e‐mail to the Contract Specialist, chantal.cornelius@nih.gov and Contracting Officer, charlotte.ange@nih.gov by 20 September 2024 by 10:00AM EST. No questions will be accepted or answered via telephone.

Primary Point of Contact

Chantal Cornelius

Contract Specialist

Chantal.cornelius@nih.gov

Secondary Point of Contact

Charlotte Ange

Contracting Officer

Charlotte.Ange@nih.gov

LIST OF ATTACHMENTS

This section lists and includes those attachments referenced in this document. The following are incorporated into this solicitation/award:

Reference Title

Attachment 1 Applicable provisions and clause

Attachment 2 Performance Work Statement

Attachment 3 Invoice Processing Platform Instructions

Attachment 1: Applicable provisions and clauses

Addendum to FAR 52.212‐1, Quotation Preparation Instructions:

All quotations shall conform to solicitation provisions/clauses and be prepared in accordance with this section. The quotation shall be clearly and concisely written as well as be neat, indexed (cross‐indexed as appropriate) and logically assembled. Note: The term “indexed” refers to a table of contents that lists sections and page numbers. In the event that the Quoter is unable to create an indexed quotation, an alternative approach such as a Table of Contents shall suffice. All pages of the quotation shall be appropriately numbered.

In preparing the quotation, each volume shall stand on its own. For each given evaluation factor or subfactor the Government will only evaluate the information provided in the corresponding section of the quotation.

Volume I shall include the responses to Technical Capability, Volume II Past Performance and

Volume III Price. A firm’s quotation shall be clearly divided into the following distinct sections.

The below table shows the page limits to which quoters’ submissions must adhere. Quotes submitted must be valid for a period of 120 days calendar days.

Quote must comply with the page limitations and format specified for each volume.

Volume Section Page limit

I Technical Capability

II Past Performance n/a

III Price n/a

This limitation is inclusive of any charts, tables, pictures, and diagrams, but does not include personnel resumes, if required and/or applicable. Pages that exceed the required page limitations will not be evaluated. All volumes must be SEPARATE and must be clearly marked as either “Volume I ‐ Technical Capability, Volume II ‐ Past Performance, or “Volume III ‐ Price”, respectively.

Addendum to FAR 52.212‐2 Evaluation—Commercial Products and Commercial Services.

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

Basis for Award. The Federal Acquisition Regulation (FAR), as supplemented by the Health and

Human Services Acquisition Regulation (HHSAR) will be used to evaluate the quote and award this requirement. The major evaluation factors for this solicitation include Factor 1: Technical

Capability, Factor 2: Past Performance, and Factor 3: Price.

Although the technical capability factor is of paramount consideration in the award of the contract, past performance and price are also important to the overall contract award decision.

All evaluation factors other than price, when combined, are significantly more important than price. The Government will utilize a tradeoff approach to determine the Quoter who provides the best value to the Government.

The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The Government intends to use a price/non‐price tradeoff process to award a firm‐fixed price purchase order to the responsible Quoter whose quotation represents the best value to the

Government. The Government reserves the right to make an award to other than the lowest‐ price/priced Quoter or to the Quoter with the highest technical rating if the Contracting Officer determines that doing so would result in the best value to the Government. The Contracting

Officer intends to award without discussions, but reserves the right to initiate discussions, if necessary.

The Government reserves the right to communicate and/or Conduct exchanges with any or all contractors submitting a technical and price quote, if it is determined advantageous to the

Government to do so. This statement is not to be construed to mean that the Government is obligated to communicate with every Contractor (note that FAR Part 15 procedures do not apply to SAP procedures, therefore formal discussions are not applicable). A contractor may be eliminated from consideration without further communication if its technical and/or pricing quotes are not among those contractors considered most advantageous to the Government based on a best value determination.

The evaluation will be based on the demonstrated capabilities of the prospective Contractors, in relation to the needs of the project, as set forth in the solicitation. The merits of each quote will be evaluated carefully. Each quote must document the feasibility of successful implementation of the requirements of the solicitation. Quoters must submit information sufficient to evaluate their quotes, based on the detailed factors listed below.

Factor 1: Technical Capability (Volume 1)

The evaluation factors are used by the technical evaluation team when reviewing the technical quotes. The factors below are listed in the order of relative importance. Copying text from the solicitation into a quote will not demonstrate an understanding of the needs of the contract. A detailed description of how each factor will be handled or accomplished is required.

The quote will be evaluated to the extent to which it addressed the tasks and demonstrated experience and capabilities to perform the tasks outlined in the PWS.

SubFactor 1: Technical Understanding and Approach

Each quoter’s approach to the work will be evaluated on how clearly and concisely the quote presents a detailed plan to accomplish all of the Government's requirements, including the firm's technical approach to achieving a high level of success in executing the tasks outlined in the PWS.

Quotes will be evaluated on the completeness, practicality, and feasibility of the firm's management plan for conducting, managing, and coordinating corporate resources to ensure successful execution of work within established deadlines.

Quotes shall include personnel and organizational charts outlining responsibilities of proposed staff; plans for quality control, coordination of activities, and communication with the Contracting Officer Representatives (CORs); and measures that will be used to enhance performance.

A plan for tracking and reporting of all work planned, in process, or completed shall be submitted within the quote. Accurately reporting all work on the proposed contract is critical, and ad‐hoc reports are often required; therefore an accurate reporting system is essential.

Provide a detailed phase‐in plan that describes in detail, a transition process for phasing in with the outgoing Contractor. A feasible and effective 15‐Day Transition Plan that will be evaluated ensure minimal to no interruptions in multimedia services on campus.

SubFactor 2: Personnel and Organizational Strength

The resumes of proposed key personnel will be evaluated for documented experience, educational background, and training.

The Government will evaluate the degree to which the quoter has proposed key personnel that meet or exceed the “Contractor’s Minimum Qualifications” as detailed in the PWS section 6.0

(and below), and the degree to which they possess the qualifications to perform their proposed duties under the requirement.

Availability of proposed staff and their designated responsibility will also be evaluated, including experience, managerial competence of any proposed Project Manager, and the experience, technical competence, and of other professional staff in designing and implementing national, federal health communications programs.

Quotes shall identify competence in developing creative science‐related graphic designs and advertising, working with federal health organizations, and managing similar or related contracts of comparable size and technical complexity. Quoters shall detail their experience working on science‐related projects, including the layout and design of scientific posters for conferences, the creation of scientific figures or graphical abstracts, and the photographic or video documentation of scientific specimens or techniques.

A plan for staffing the customer service window, 5 days a week, 8 hours per day, shall also be included in the quote for evaluation.

SubFactor 3: Understanding of the Work and Technical Objectives

Quotes will be evaluated on how well each quoter demonstrates an understanding of the technical objectives of potential work described in the Performance Work Statement, and overall quality, feasibility, and practicality of accomplishing the work at a very high level of quality.

The quoter's discussion of the work will be evaluated for familiarity with, and understanding of, federal mandates to communicate health, medical, and research advances to a wide range of audiences. This understanding will be evidenced by how comprehensively each quote discusses project goals, objectives, and tasks to be performed, and the interrelationships and complexities of these tasks.

The quoter’s discussion of potential problems and constraints likely to be encountered in performing the work, and proposed alternatives and solutions to resolve difficulties, will be evaluated for how well they reflect the thorough understanding of the work.

The clarity, style, and format of the quote will be considered as an indication of capability and approach in plan development, presentation of information, and clarity of expression.

SubFactor 4: Quality of Work Products

Quotes shall include a plan for maintaining an acceptable level of quality on all work, products, and deliverables.

A description of how last‐minute or urgent requests will be handled, while still maintaining the same level of quality, shall also be included.

Examples of work products, including, but not limited to, fact sheets, brochures, displays, scientific posters, medical or scientific illustrations, photographs of scientific specimens and events, etc., shall be submitted for evaluation, based on technical quality, creativity, clarity, and production quality. Only materials developed by the proposed staff shall be submitted.

The role of the proposed staff in the development of the materials/products shall be identified. Each product shall be labeled with the firm's name and date of completion/launch.

SubFactor 5: Quality of Facilities, Equipment, and Supplies

The Government expects that any and all materials, products, and work accomplished under this contract will be of the highest quality, and recognizes the role that adequate resources

(facilities, supplies, equipment) play in the execution of work.

Quotes will be evaluated for quoter’s access to fully functional equipment and high‐quality supplies sufficient to design, produce, and execute all aspects of federal health communication materials and products.

A plan for providing equipment for the customer service window shall also be included in the quote. The government will provide computers and software, but the quoter will be responsible for supplying all other equipment (cameras, printers, etc.) necessary for producing required end products.

SubFactor 6: Experience in National, Federal Science Programs

Quotes will be evaluated for an assessment of quoter’s demonstrated experience in helping shape and execute federal science communications efforts on a national level. While a quote may indicate a willingness on the part of a firm to expand its portfolio in this area, a lack of experience in federal science communications represents a degree of increased risk for the

Government.

SubFactor 7: Compliance with Section 508 of the Rehabilitation Act.

Quotes shall demonstrate knowledge of, and compliance with, Section 508. Quoters shall apply understanding of the law to the multimedia services outlined in the PWS, briefly detailing how all relevant work products and work files will comply with Section 508. Those work products and work files include but are not limited to captioning, audio descriptions, videos, tables, graphics/pictures, registration forms, presentations, or other types of proprietary format files

(e.g., Adobe Portable Document Format, Microsoft Office PowerPoint).

The following table provides the confidence ratings and descriptions the Government will use to evaluate “Technical Factor”: Quoters shall provide sufficient information for the

Government to determine its level of confidence in the ability of the Quoter to perform the requirements of the RFQ.

Factor 2: Past Performance (Volume 2)

Quoter’s past performance and experience in providing superior end‐user multi‐media services shall be provided in the quote. At least (3) references shall also be provided, including name of company, contact name, and contact information.

The evaluation will be based on information obtained from references provided by the quoter, other relevant past performance information obtained from other sources known to the Government, and any information supplied by the quoter concerning problems encountered on a contract(s) and the corrective action taken.

The Government will assess the relative risks associated with each quoter. Performance risks are those associated with a quoter's likelihood of success in performing the requirements of the Performance Work Statement, as indicated by the quoter's record of past performance.

The assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of a quoter’s performance on a list of contracts, but rather the product of subjective judgment by the Government after it considers all available and relevant information. The Government will focus on the past performance of the quoter as it relates to all requirements, such as the quoter's record of performing according to specifications, including standards of good workmanship; the quoter's record of controlling and forecasting costs; the quoter's adherence to contract schedules, including the administrative aspects of performance; and commitment to customer satisfaction; and generally, the quoter's business‐ like concern for the interest of the customer.

The Government will consider the currentness and relevancy of the information, source of the information, context of the data, and general trends in the quoters performance.

The following table provides the confidence ratings and descriptions the Government will use to evaluate “Past Performance Factor”: Quoters shall provide sufficient information for the Government to determine its level of confidence in the ability of the Quoter to perform the requirements of the RFQ.

Factor 3: Price (Volume 3)

Price will not be assigned a confidence rating. The Government will evaluate the price for each line item (base plus option periods), total price and other direct costs (fixed unit pricing) to determine if the Quoters price is fair and reasonable utilizing price analysis techniques in accordance with the guidelines in FAR Part 13.5. For a price to be reasonable, it must represent a price to the Government that a prudent person would pay when consideration is given to prices in the market. Normally, price reasonableness is established through adequate price competition, but may also be determined through price analysis techniques as described in FAR

13.106. Proposed pricing must be entirely compatible/consistent with the technical quotation.

Substantial Confidence

Based on the quoter’s recent/relevant performance record, the Government has a high expectation that the quoter will successfully perform the required effort.

Satisfactory

Confidence

Based on the quoter’s recent/relevant performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the quoter’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The quoter may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence

Based on the quoter’s recent/relevant performance record, the Government has a low expectation that the quoter will successfully perform the required effort.

No Confidence Based on the quoter’s recent/relevant performance record, the Government has no expectation that the quoter will be able to successfully perform the required effort.

a) Price Quote: The Contractor shall submit the following documents as part of the price quote:

Line Item Description: Quantity Total

0001 Base ‐FFP Scientific

Multimedia

Support Services

12 months $______________

0002 Base‐Other Direct

Costs (ODC’s) Not to Exceed (NTE) n/a $175,000 for planning/estimated purposes will be funded annually by

Government

0003 Option 1‐FFP

Scientific

Multimedia

Support Services

12 months $_______________

0004 Option 1‐ Other

Direct Costs

(ODC’s) Not to

Exceed (NTE) n/a $180, 250.00 for planning/estimated purposes will be funded annually by

Government

0005 Option 2‐FFP

Scientific

Multimedia

Support Services

12 months $________________

0006 Option 2‐ Other

Direct Costs

(ODC’s) Not to

Exceed (NTE) n/a $185,657.00 for planning/estimated purposes will be funded annually by

Government

0007 Option 3‐ FFP

Scientific

12 months $__________________

Multimedia

Support Services

0008 Option 3‐ Other

Direct Costs

(ODC’s) Not to

Exceed (NTE) n/a $191,227.00 for planning/estimated purposes will be funded annually by

Government

0009 Option 4‐ FFP

Scientific

Multimedia

Support Services

12 months $___________________

0010 Option 4‐ Other

Direct Costs

(ODC’s) Not to

Exceed (NTE) n/a $196,964.00

GRAND TOTAL

(INCLUDE ALL

PERIODS):

**ODC lines are not to be changed.

These items will be reimbursed by the

Government.

**Provide a total yearly price for service line items

(inclusive of all qualified personnel/labor to perform all services in strict compliance of the PWS.

b) Price Breakdown & Methodology: Provide an exhaustive list of all labor categories to be used in the performance of the contract. Provide all labor hours, fully burdened hourly rates, and the total price for that labor category for each year. The total price must equate to the line items in price quote (a) for each corresponding period of performance. This information will help the Government understand your price methodology.

c) Other Direct Costs Product Pricing List: Provide only fixed unit prices for each item:

Descriptio n

Unit Price

Products (ODCs) Unit Base Option 1 Option 2 Option 3 Option 4 Color Photo Print ‐ 5x7 Each Color Photo Print ‐ 8x10 Each Copies ‐ Black and White ‐ 8.5x11 Each Copies ‐ Color ‐ 8.5x11 Each Copies ‐ Color ‐ 8.5x11 ‐ Card Stock Each Copies ‐ Color ‐ 11x17 Each Name Tags, 3x4 with Plastic Holders Each Tent Cards, all sizes Each Scanning Each Laminating, Sq. Ft Sq

Ft

Mounting on 1/4" Gator Board, Sq. Ft Sq

Poster Prints, Sq. Ft Paper Sq

Poster Prints, Sq. Ft Fabric Sq

Printing & Binding Lot Stock Photo Purchases Lot Displays/Banners ‐ Purchase, Fabrication, Repair

Lot

Options. As part of the price fair and reasonable determination, the Government will evaluate its option to extend services (see FAR Clause 52.217‐8) by using six (6) months of the last year quoted. The Quoter shall not submit a price for the potential six (6) month extension of services period. The Government may choose to exercise the Extension of Services at the end of the performance period, utilizing the rates of that performance period.

HHS ACQUISITION REGULATION (HHSAR) PROVISIONS / CLAUSES

This document incorporates one or more Department of Health and Human Service Acquisition Regulations (HSSAR) clauses and/or provisions by reference, with the same force and effect as if they were given in full text. The full text of a HHSAR clause can be viewed at:

https://www.acquisition.gov/hhsar.

Reference Title Date

352.203‐70 Anti‐Lobbying DEC 2015

352.208‐70 Printing and Duplication DEC 2015

352.222‐70 Contractor Cooperation in

Equal Employment

Opportunity Investigations

DEC 2015

352.239‐78 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB

2024) (DEVIATION)

(a) Any quoter responding to this solicitation must comply with established HHS

Information and Communication Technology (ICT) accessibility standards. Information about

Section 508 is available at https://www.hhs.gov/web/section‐508/index.html.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239‐79 Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies, products, platforms, information, and documentation meet applicable Section 508 accessibility standards, offerors must submit an appropriate HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section‐508/accessibility‐checklists/index.html) or an Accessibility

Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), in accordance with the completion instructions.

The purpose of the checklists and conformance reports are to assist HHS acquisition and program officials in determining whether proposed ICT supplies, products, platforms, information, and documentation conform to applicable Section 508 accessibility standards.

Checklists and ACRs evaluate—in detail—whether the ICT conforms to specific Section 508 accessibility standards and identifies remediation efforts needed to address conformance issues.

(c) If a quoter claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies, products, platforms, information, documentation, or services support delivered do not conform to the described accessibility standards, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(d) In order to facilitate the Government's determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, quoters must submit an Accessibility

Conformance Report, in accordance with its completion instructions and tailored to the requirements in the solicitation. The purpose of the Report is to assist HHS acquisition and program officials in determining whether proposed ICT supplies conform to applicable Section

508 accessibility standards. The template allows quoters or developers to self‐evaluate their supplies and document, in detail, whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available at https://Section508.gov/.

(e) In order to facilitate the Government's determination whether proposed ICT services meet applicable Section 508 accessibility standards, quoters must provide enough information to assist the Government in determining that the ICT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(f) Respondents to this solicitation must identify any inability to conform to Section 508 requirements. If a quoter claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(g) Items delivered as electronic content must be accessible to HHS acceptance criteria.

Checklist for various formats are available at http://508.hhs.gov/. Materials, other than items incidental to contract management, that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Contracting

Officer’s Representative.

(End of provision)

352.239‐79 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY (FEB 2024)

(DEVIATION)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all information and communication technology (ICT) supplies, products, platforms, information, documentation, and services support developed, acquired, maintained or delivered under this contract or order must comply with the Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and

C, and are available at https://www.access‐board.gov/ict/. Information about Section 508 is available at https://www.hhs.gov/web/section‐508/index.html.

(b) Additional Section 508 accessibility standards applicable to this contract or order may be identified in the specification, statement of work, or performance work statement. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) In the event of a modification(s) to this contract or order, which adds new ICT supplies or services or revises the type of, or specifications for, supplies, products, platforms, information, documentation, or services support, the Contracting Officer shall require that the

Contractor submit a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section‐508/accessibility‐checklists/index.html) or an Accessibility

Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section

508 accessibility standards. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(d) If this is an Indefinite‐Delivery type contract, a Blanket Purchase Agreement or a

Basic Ordering Agreement, the task/delivery order requests that include ICT supplies, products, platforms, information, documentation, or services support will define the specifications and accessibility standards for the order. In those cases, the Contractor shall be required to provide a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section‐508/accessibility‐checklists/index.html) or an ACR (based on the VPAT see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies, products, platforms, information, documentation, or services support conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the

Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) The contractor shall identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements.

(End of clause)

FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS / CLAUSES INCORPORATED BY

REFERENCE

52.212‐4

Contract Terms and Conditions—Commercial Products and

Commercial Services (Nov 2023)

FAR CLAUSES INCORPORATED BY FULL TEXT

52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115‐91).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(4) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108‐ 77 and 108‐78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_X_ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (NOV

2021) (41 U.S.C. 3509)).

__ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.203‐17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (JUN 2020) (Pub. L. 109‐282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

_X_ (7) 52.204‐14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111‐ 117, section 743 of Div. C).

__ (8) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (OCT 2016) (Pub. L. 111‐117, section 743 of Div. C).

_X_ (9) 52.204‐27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117‐328).

__ (10) 52.204‐28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi‐Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__ (11)

(i) 52.204‐30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204‐30.

_X_ (12) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV

2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

_X_ (18)

(i) 52.219‐6, Notice of Total Small Business Set‐Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219‐6.

__ (19)

(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219‐7.

X__ (20) 52.219‐8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (21)

(i) 52.219‐9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219‐9.

__ (iii) Alternate II (NOV 2016) of 52.219‐9.

__ (iv) Alternate III (JUN 2020) of 52.219‐9.

__ (v) Alternate IV (SEP 2023) of 52.219‐9.

__ (22)

(i) 52.219‐13, Notice of Set‐Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219‐13.

X__ (23) 52.219‐14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

__ (24) 52.219‐16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219‐27, Notice of Set‐Aside for, or Sole‐Source Award to, Service‐Disabled Veteran‐Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

X__ (26)

(i) 52.219‐28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219‐28.

__ (27) 52.219‐29, Notice of Set‐Aside for, or Sole‐Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

__ (28) 52.219‐30, Notice of Set‐Aside for, or Sole‐Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

__ (29) 52.219‐32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219‐33, Nonmanufacturer Rule (SEP 2021) ( 15 U.S.C. 637(a)(17)).

X__ (31) 52.222‐3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (32) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (FEB 2024).

_X_ (33) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

_X_ (34)

(i) 52.222‐26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222‐26.

_X_ (35)

(i) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222‐35.

__ (36)

(i) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222‐36.

__ (37) 52.222‐37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_X_ (38) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X__ (39)

(i) 52.222‐50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222‐54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

__ (41)

(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ (42) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223‐20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223‐21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223‐23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47)

(i) 52.224‐3 Privacy Training (JAN 2017) ( 5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224‐3.

__ (48)

(i) 52.225‐1, Buy American‐Supplies (OCT 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225‐1.

__ (49)

(i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501‐4732), Public Law 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐ 53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225‐3.

__ (iv) Alternate III (FEB 2024) of 52.225‐3.

__ (v) Alternate IV (Oct 2022) of 52.225‐3.

__ (50) 52.225‐5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (51) 52.225‐13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

_X_ (55) 52.226‐8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513).

__ (56) 52.229‐12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232‐29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232‐30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X__ (59) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (60) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232‐36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (62) 52.239‐1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242‐5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (64)

(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247‐64.

__ (iii) Alternate II (NOV 2021) of 52.247‐64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.222‐41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__ (2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (MAY

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (7) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

__ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215‐2, Audit and Records‐Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause‐

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (NOV

2021) (41 U.S.C. 3509).

(ii) 52.203‐17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712).

(iii) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115‐91).

(v) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L.