DFOR Request for Proposal No_75A50222R00008_Amendment 001.doc

Indefinite Delivery, Indefinite Quantity (IDIQ) Request for Proposal (RFP) Number 75A50222R00008

FOR

DIVISION OF FIELD OPERATIONS AND RESPONSE (DFOR) GEAR

Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, Part 15, Contracting by Negotiation, and Part 16.5, Indefinite Delivery Contracts, as a Small Business Set-aside Issued by:

Department of Health and Human Services

The Office of the Assistant Secretary for Preparedness and Response (ASPR)

330 Independence Ave., SW

Room G640

Washington, DC 20201

RFQ Release Date: 20 September 2022

SECTION B – SUPPLIES AND SERVICES AND PRICE/COSTS

B.1 Contract Type This is an Indefinite Delivery Indefinite Quantity (IDIQ) Contract which will permit Firm Fixed-Price (FFP) orders. This Contract will be issued in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, Part 15, Contracting by Negotiation, and Part 16.5, Indefinite Delivery Contracts, for program/mission specific gear, equipment and supplies.

B.2 General Description

The contractor shall supply the technical solutions as described in Section C, Statement of Work.

In support of the requirements represented within this solicitation, 75A50222R00008, and its resulting awards, the NACIS Code is 332999.

B3. Contract Minimums/Maximums

(a) The minimum guaranteed award amount for this IDIQ contract is $250.00 per Contractor for the base period of this contract. Orders beyond this minimum will be determined by Department-wide needs. The exercise of an option does not re-establish the contract minimum for the IDIQ contracts.

(b) The specific technical and management solutions and associated quantities will be identified on each delivery order issued under the base contract.

(c) The total value of ALL delivery orders awarded under ALL contracts issued under this solicitation, including delivery orders issued in option periods and minimum contract amounts, shall not exceed $9,000,000.00 B4. Post Award Conference

The Contractor shall attend a Post-Award Conference with the BPA Contracting Officer and the COR no later than 10 business days after the date of award. The purpose of the Post-Award Conference, which will be chaired by the Contracting Officer, is to discuss contracting requirements. The Post-Award Conference will be held via teleconference.

Post award conferences at the BPA Call level shall be held at the discretion of the BPA Call Contracting Officer (CO) awarding the BPA Call if that CO determines one to be necessary.

B5. Pricing

The DFOR Pricing Schedules Attachment 1, include sample gear, equipment and supplies which represent a cross section of the Department’s recent historical and anticipated future procurements. Specifically, the DFOR Pricing Schedules pricing schedule include established supplies which have been purchased historically and anticipated to be purchased under DFOR indefinite-delivery, indefinite-quantity (IDIQ) procurements, and are supported by Department-wide policy and procedure. DFOR Pricing schedule does not represent an exhaustive list of what DHHS currently buys or intends to buy in the future under DFOR indefinite-delivery, indefinite-quantity (IDIQ).

Task Order level requirements may include brand name or brand name or equal products/services that will be defined at the Task Order level after the DFOR indefinite-delivery, indefinite-quantity (IDIQ) contracts are awarded. The inclusion of brand name or equal solutions in the IDIQ contract DFOR Pricing Schedule does not authorize brand name procurements at the Task Order level absent the appropriate justification required by Federal Acquisition Regulation and Agency Policy.

Proposed unit prices shall be based on commercially available pricing to include contractor provided discounts. The DFOR contractor proposed unit prices shall become a part of the DFOR award, Section B, and will be binding for the period represented within the DFOR Pricing Schedule for the applicable supply. Therefore, Task Order level unit prices for these items shall be provided that are at or below those unit prices included within the awarded DFOR contractor’s DFOR Pricing Schedule response. In accordance with Section C - Statement of Work, the DFOR awarded contractor shall be responsible for introducing new equipment to the DHHS community as soon as it is commercially available from the original equipment manufacturer (OEM(s)).

END OF SECTION B

SECTION C – STATEMENT OF WORK

C.1 Background:

The Department of Health and Human Services (HHS) Office of the Assistant Secretary for Preparedness and Response (ASPR) is a leader in preparing the nation and its communities to respond to and recover from public health and medical disasters and emergencies. The 2006 Pandemic and All-Hazards Preparedness Act (PAHPA), reaffirmed by the 2013 Pandemic and All-Hazards Preparedness Reauthorization Act (PAHPRA), established the ASPR as the principal adviser to the HHS Secretary responsible for providing integrated policy coordination and strategic direction with respect to all matters related to public health, medical preparedness, and deployment of the federal response for public health emergencies and incidents. ASPR’s mission is to lead the country in preparing for, responding to, and recovering from the adverse health effects of emergencies and disasters by supporting our communities’ ability to withstand adversity, strengthening our health and response systems, and enhancing national health security.

The Division of Field Operations and Response (DFOR) is one office under ASPR that supports through the Office of Emergency Management and Medical Operations (OEMMO) which is in the Office of Operations and Resources (OOR). The DFOR staff is responsible for responses to domestic and international public health and medical threats and emergencies as requested of the Federal Government. DFOR and the programs under it come together to support HHS’ lead role in Emergency Support Function (ESF) #8 of the National Response Framework (NRF), and for the Health and Social Services Recovery Support Function (RSF) of the National Disaster Recovery Framework (NDRF). When a disaster strikes and overwhelms a community, the ASPR DFOR programs provide coordination, medical care, and deliver medical supplies to assist state and local communities in treating people affected by the event. Prior to deployment, the DFOR staff requires gear to accomplish its missions in support of public health and emergencies, facilitate disaster-planning efforts and ensure the health care system can properly respond to threats to their infrastructure.

DFOR is the lead for interagency planning and response activities required to fulfill HHS responsibilities under Emergency Support Function (ESF) #8 Public Health and Medical of the National Response Framework (NRF), Homeland Security Presidential Directives (HSPD) #8 (This directive describes the way federal departments and agencies will prepare for such a response, including prevention activities during the early stages of a terrorism incident) and HSPD #10 (This directive outlines the USG policy for Biodefense in the 21st century and provides a comprehensive framework for our nation's biodefense.). DFOR maintains regional planning and response coordination capabilities and assists in operational responsibility for HHS functions related to the National Disaster Medical Systems (NDMS). DFOR acts as an operational liaison to emergency response entities within HHS (e.g., FDA, HRSA, SAMHSA, CDC), within the interagency community (e.g., HDS, VA, DoD), and to the public.

The National Health Security Strategy (NHSS) intends to refocus the patchwork of disparate public health and medical preparedness, response, and recovery strategies. The NHSS ensures that the nation is prepared for, protected from, and resilient in the face of health threats or incidents with potentially negative health consequences. This refocusing strengthens the community, integrates response and recovery systems, generates a framework for accountability and continuous quality improvement, and creates seamless coordination between all levels of the medical system. The NHSS provides a common vision for how the nation will achieve national health security.

C.2. Objective and Scope:

The contractor shall provide the necessary gear or kit equipment to be supplied across the Continental United States (CONUS).

To support of ASPR’s missions the vendor will provide a one source shop for the gear/kit to support DFOR staff requirements in deploying field missions. The nature and scope of ASPR’s gear is contingent on the program needs (mission and staff numbers) and location of major disasters. The gear needs for the DFOR programs include but are not limited to the following:

· Personal Protective Equipment.

· Aid Bags with supplies.

· Aid Pouches with supplies.

· Decontamination supplies.

· Command and Communication mobility equipment.

· Communication devices (radio frequencies and satellite) and services.

· Deployable hardware for field operations and information sharing.

· Uniform items for field staff.

· Medical Devices.

C.3. Applicable Documents

· National Disaster Recovery Framework (NDRF)

· Federal Interagency Operational Plan (FIOP)

· H&SS RSF Concept of Operations

· Presidential Policy Directive (PPD) – 8, National Preparedness

· National Health Security Strategy

· Post-Katrina Emergency Management Reform Act (PKEMRA)

· Sandy Recovery Improvement Act (SRIA)

C.4. TECHNICAL REQUIREMENTS/TASKS

The vendor must be able to supply all the following, to include but not limited to:

1. Uniforms Professional Emergency Management Services (shirts, pants, jackets)

2. Uniforms Tactical Personal Protective Equipment (Helmet, Uniform, vest, plates)

3. Field Medical Bags and Field Medical aid pouches(iFAK)

4. Automated External Defibrillators (AED)

5. Medical Equipment and Supplies

6. Field tentage (pop-up and large field tents)

7. Go Case or personal flyaway kits (Food, water for three days, printer, lights, monitor, etc.)

8. Battery packs (Field Lithium batteries, Individual Battery Packs) & Solar Panel systems

9. Travel protection kits (vehicle kits and first aid kit)

10. Mobile and portable radios (tri-band and High Frequency) systems

11. Satellite equipment service systems with data and voice capabilities for field work (Phones, modules, and repeaters)

12. Communication accessories (packs, holsters, headsets, and microphones) Decontamination Gear (personal and vehicle)

C.5. Delivery:

Delivery requirements will be specified by the task order or purchase order.

C.6. PACKAGING

Products shall be packaged, packed, and marked in accordance with the Contractor’s standard commercial practices. The Contractor is fully liable for all damage, deterioration, or losses incurred during shipment and handling, unless the damage, deterioration, or losses are due to the fault of the Government. The Contractor shall provide a packing slip which shall accompany each carton with information identifying the contract number, the order number, a description of the supplies enclosed (manufacturer name, model number, serial number), and the customer point of contact.

C.7. Environmental Considerations The Contractor shall use (where possible) packing materials which have the least impact on the environment when manufactured or discarded, including, brown cardboard in lieu of cardboard which has been bleached white and/or dyed, and materials which both decompose and are recyclable in lieu of recycle-only products such as plastic or Styrofoam.

C.8. NON-CONFORMING PRODUCTS OR SERVICES

Non-conforming products or services will be rejected. Deficiencies shall be corrected, by the Contractor, within ten (10) workdays of the rejection notice. If the deficiencies cannot be corrected within ten (10) workdays, the Contractor shall immediately notify the COR of the reason for the delay and provide a proposed corrective action plan within ten (10) workdays.

C.9 MARKING

All reports and deliverables that are in hard copy format, as opposed to electronic format, and that are physically transported through the U.S. mail or private courier services, shall be addressed to the individual at the office or floor at the end destination, with the outside package clearly marked to indicate the order number and the recipient’s office telephone number.

All reports and deliverables that are in hard copy format, as opposed to electronic format, and that are physically transported through the U.S. mail or private courier services, are to be securely packaged using the contractor’s best practices. Materials produced under this contract are to be handled by the contractor should be marked as For Official Use Only (FOUO).

· All draft materials will be submitted in electronic form.

· Electronic materials will be:

· Free of any major grammatical, spelling, typographical, or formatting errors

· Completed in a Microsoft Office and Adobe format (e.g. .DOC, DOCX, .XLS, XLSX, .PPT, PPTX, .PDF)

· All final materials will be submitted in printed and electronic form.

· Printed materials will be:

· At least 2 copies per deliverable, color printed, bound

· Additional copy needs will be at the discretion of ASPR

· Electronic materials will be:

· Free of any grammatical, spelling, typographical, or formatting errors

· Completed in a Microsoft Office and Adobe format (e.g. .DOC, DOCX, .XLS, XLSX, .PPT, PPTX, .PDF)

· All source data for charts and figures, databases, tables, and datasets will be submitted with the final deliverable on CD or DVD.

C.10. GOVERNMENT FURNISHED RESOURCES AND INFORMATION

All Government furnished information shall remain the property of the Government and shall be returned to the Government prior to the end of the contract period. In addition, sharing of Government furnished information shall only be done after obtaining written approval from the Government, in advance of sharing Government furnished information. The Contractor shall furnish all supplies, materials, and equipment necessary for the successful performance of the work under this contract.

C.11. CONTRACTOR RESPONSIBILITIES FOR GOVERNMENT PROPERTY:

The Contractor shall assume full responsibility for, and shall indemnify the Government from, all loss or damage to all Government property, until the equipment and or supplies have been accepted by the Government.

C.12. PERFORMANCE MEETINGS:

At the COR’s discretion, he/she and the Contractor’s Program Manager shall meet when required/as needed, via in person (if the contractor is in the area) or via phone conversation to evaluate the manner in which the Contractor performed in accordance with the contract requirements and standards such as:

· good workmanship.

· the Contractor’s record of forecasting and controlling cost.

· the Contractor’s adherence to contract schedule.

· Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction, and generally.

· the Contractor’s business-like concern for the interest of the customer

C.13. Section 508 and Accessibility Standards

The awarded contract will be subject to Section 508 compliance. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) requires Federal agencies to purchase electronic and information technologies (EIT) that meet specific accessibility standards. This law helps to ensure that federal employees with disabilities have access to, and use of, the information and data they need to do their jobs. Furthermore, this law ensures that members of the public with disabilities have the ability to access government information and services. There are three regulations addressing the requirements detailed in Section 508. The Section 508 technical and functional standards are codified at 36 CFR Part 1194 and may be accessed through the Access Board’s Website at http://www.access-board.gov. The second regulation issued to implement Section 508 is the Federal Acquisition Regulation (FAR). FAR Part 39.2 requires that agency acquisitions of Electronic and Information Technology (EIT) comply with the Access Board’s standards. The entire FAR is found at Chapter 1 of the Code of Federal Register (CFR) Title 48, located at http://www.acquisition.gov. The FAR rule implementing Section 508 can be found at http://www.section508.gov. The third applicable regulation is the HHS Acquisition Regulation (HSAR).

Confidentiality and Nondisclosure of Information. Any information provided to the contractor (and/or any subcontractor) by HHS or collected by the contractor on behalf of HHS shall be used only for the purpose of carrying out the provisions of this contract and shall not be disclosed or made known in any manner to any persons except as may be necessary in the performance of the contract. The Contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its employees and subcontractors shall be under the supervision of the Contractor. Each Contractor employee or any of its subcontractors to whom any HHS records may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such employee or subcontractor can be used only for that purpose and to the extent authorized herein.

Contract Documentation. The Contractor shall use provided templates, policies, forms and other agency documents to comply with contract deliverables as appropriate.

C.14 Warranty The Contractors shall provide the standard commercial warranties for all products, unless otherwise specified in the individual Delivery Order solicitations. Product warranties shall include a product return policy. If a product return policy is not included with the standard commercial warranty for the item being procured, the Contractor shall notify the DO CO, in writing, that the standard commercial warranty for the item does not include a return policy, and/or identify what return policy it may elect to offer. Any OEM warranties associated with products delivered shall be available directly to DHHS. Extended warranties may be required by DHHS as specified in individual Delivery Orders.

C.15 Final Review/Acceptance of Work Products Although the Contractor shall be responsible for generating work products, recommendations, etc. (if/as set forth in individual delivery orders), the Contractor is advised that final determination for all work products, recommendations, etc. is reserved for Government officials. Any documents, briefings, or oral recommendations provided to Government staff are only recommendations, and the decision to accept, reject, or modify them is the responsibility and authority of the cognizant Government Official.

C.16 Problem Resolution Report The Contractor shall provide a problem resolution report regarding the status and/or resolution of delivery and/or performance issue, product deficiency, warranty repair service, etc. Reporting format, content to include, at a minimum, the below referenced items, delivery frequency, and delivery location shall be established at the Delivery Order level as required.

• Date of problem/issue occurred

• Requestor’s name, organization name, and telephone number

• Description of problem/issue

• Course of action taken

• Date of resolution completed

C.17 Warranty Report

The Contractor shall provide current and accurate warranty information as required at the Delivery Order level. Reporting format, content, delivery frequency, and delivery location shall be established at the Delivery Order level as required.

C.18 Safeguarding of Sensitive Information The contractor shall comply with the applicable information security clauses to be found in the DFOR solicitation and resulting award.

END OF SECTION C

SECTION D – PACKING, PACKAGING, AND MARKING

D.1 Packaging, Packing, and Marking Products shall be packaged, packed, and marked in accordance with the Contractor’s standard commercial practices. The Contractor is fully liable for all damage, deterioration, or losses incurred during shipment and handling, unless the damage, deterioration, or losses are due to the fault of the Government. The Contractor shall provide a packing slip which shall accompany each carton with information identifying the contract number, the order number, a description of the hardware/software enclosed (manufacturer name, model number, serial number), and the customer point of contact.

D.2 Environmental Considerations The Contractor shall use (where possible) packing materials which have the least impact on the environment when manufactured or discarded, including, brown cardboard in lieu of cardboard which has been bleached white and/or dyed, and materials which both decompose and are recyclable in lieu of recycle-only products such as plastic or Styrofoam.

END OF SECTION D.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Clauses Incorporated by Reference (FAR 52.252-2) (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 www.acquisition.gov/far.

Inspection and acceptance of all products/services performed under each delivery order will comply with applicable FAR clauses, depending upon the contract type of the order.

E.2 Partial Delivery and Acceptance

Partial deliveries will be allowed solely at the discretion of the Government. In the event the Government determines that partial deliveries are allowable, the delivery order must specifically state that they are allowable. If the Contractor is granted partial shipment authorization, the original packing slip shall clearly identify those items not shipped. The balance of the delivery order shall also be made via packing slip(s) and shall clearly indicate that this shipment(s) constitutes the balance of the original delivery order.

END OF SECTION E.

SECTION F – DELIVERY

F.1 Clauses Incorporated by Reference (FAR 52.252-2) (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 www.acquisition.gov/far.

F.2 Delivery Requirements

All systems, equipment, software, and user-installable components ordered under this contract shall be shipped F.O.B. Destination within Consignees Premises, unless otherwise specified on individual delivery orders.

F.3 Delivery Schedules

Delivery schedules shall be established in accordance with the awarded delivery order. The Contractor may request that it be permitted to make delivery within a longer period of time for extremely large orders, orders requiring special integration, and orders with diverse delivery locations. The decision to permit or negotiate a longer period of time for delivery rests Government and shall be established at the delivery order level.

F. 4 Period of Performance The period of performance for this contract including all options shall be one hundred and twenty (60) months beginning on the effective date of contract. This includes a one-year base ordering period and four (12) months optional ordering periods in duration.

The period of performance for the base and optional ordering periods, if exercised, shall be as follows:

Base Ordering Period: 12 months from date of award

Optional Ordering Period 1: 12 months from the end of the Base Period

Optional Ordering Period 2: 12 months from the end of Option Period One Optional Ordering Period 3: 12 months from the end of Option Period Two Optional Ordering Period 4: 12 months from the end of Option Period Three F.5 Performance Period – Delivery Order(s)

Delivery orders may be placed during the Base and Optional Ordering Periods (provided each applicable optional ordering period is exercised). Under no circumstances may a delivery order be placed under the basic contract if the basic contract has expired or has been terminated or cancelled by the Government.

The period of performance shall be specified in the delivery order and may include option periods which extend the delivery order up to twelve (12) months beyond the expiration of the basic contract. This period of performance includes shipments, value added services, etc.

Delivery order options, if included at initial issuance of the delivery order, may be exercised after the expiration date of the basic contract.

F.6 Place of Performance

Services required under this contract will be performed primarily in the Washington, DC metropolitan area; however, performance may take place anywhere that DHHS has a presence. The specific place of performance will be stated in the individual delivery orders.

END OF SECTION F.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Authorized Users All warranted Contracting Officers of ASPR, and its Components are authorized ordering officers.

G.2 Contracting and Administration Authority The following subsections describe the roles and responsibility of individuals who will be the primary points of contact for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time. IDIQ contract-level inquiries should be made to shone.dickerson@hhs.gov.

G.2.1 DFOR Contracting Officer (IDIQ Contract-level)

(a) The DFOR IDIQ Contracting Officer (CO) is the only person authorized to approve changes to, or modify any of the requirements under, the IDIQ contract. In the event the Contractor effects any such change at the direction of any person other than the DFOR IDIQ contract CO, the change will be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The DFOR IDIQ COs are:

Mr. Shone D. Dickerson

HQ Contracting

Assistant Secretary for Preparedness and Response (ASPR)

U.S. Department of Health and Human Services (DHHS)

Office Phone: 202.690.5566| Email: Shone.dickerson@hhs.gov

(b) The Contractor shall submit requests for modification of this contract and other administrative requests to shone.dickerson@hhs.gov.

1. Contractual problems of any nature should be handled as soon as possible, and according to applicable public laws and regulations (e.g., Federal Acquisition Regulation). The problem resolution escalation sequence in DHHS is as follows: 1) the initial point of contact for problem resolution is the individual requesting or receiving the equipment, and supplies, 2) then the Contracting Officer that placed the delivery order, and 3) finally, the DFOR IDIQ contract CO is authorized to formally resolve the problem.

2. Requests for information on matters related to this contract, such as explanation of terms and contract interpretation, shall be submitted to the DFOR IDIQ contract CO. The DFOR IDIQ contract CO is the only official authorized to terminate for cause, to issue notices of termination for cause, and to issue cure notices and show cause notices for the IDIQ contracts.

G.2.2 DFOR Program Manager (IDIQ Contract-level)

The DFOR IDIQ contract Program Manager (PM) has the overall responsibility for the procurement program. The DFOR IDIQ PM, with support of the DFOR IDIQ Contracting Officer’s Representative (COR), is responsible for the program related activities, including reporting, communications, marketing, outreach and training. The DFOR IDIQ contract PM is:

Name: TBD

Address: TBD

Email: TBD G.2.3 DFOR Contracting Officers Representative (IDIQ Contract-level)

The DFOR IDIQ Contracting Officer’s Representative (COR) has responsibility for receipt and acceptance of the contract-level deliverables and reports and past performance reporting for the contracts. The DFOR IDIQ COR supports the DFOR IDIQ contract CO and PM in the general management of the program. The DFOR IDIQ contract COR is:

Name: TBD

Address: TBD

Email: TBD@dhs.gov G.2.4 Delivery Order Contracting Officer (DO CO) The delivery order Contracting Officer (DO CO) resides within the ordering activity/component and will be identified on an individual delivery order. The DO CO is authorized to:

(1) Issue delivery orders.

(2) Complete any and all administrative contractual actions with the Contractor concerning those delivery orders issued by their office.

(3) Terminate delivery orders, issued by their office, for convenience and default and cancel delivery orders with no additional cost to the Government

G.2.5 Delivery Order Contracting Officer’s Representative (DO COR) DO COs may designate DO CORs for individual delivery orders that will be responsible for the day-to-day coordination of the delivery order.

The DO COR will represent the DO CO in the administration of technical details within the scope of the delivery order. The DO COR is also responsible for the final inspection and acceptance of all delivery order deliverables and reports, and other such responsibilities as may be specified in the delivery order. The DO COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the DO CO or the Government. The DO COR does not have authority to alter the Contractor’s obligations or to change the delivery order specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify delivery order obligations or the specification, changes will be issued in writing and signed by the DO CO.

G.2.6 Contractor Representatives The Contractor shall identify below a Program Manager who shall have the authority to make contract and technical decisions respectively regarding this contract. These individuals will act for the Contractor for the duration of this contract or until the DFOR IDIQ contract CO has been notified by the Contractor in writing of their replacement. Contact information for these individuals will be maintained outside of the base contract.

G.2.6.1 Program Manager The Contractor shall appoint a Program Manager (PM) who will be the Contractor’s authorized representative for technical and administrative performance of all products and services required hereunder. The PM shall provide the single point of contact through which all Contractor/Government communications, work, and technical direction shall flow. The Program Manager shall receive and execute, on behalf of the Contractor, such technical direction as the Contracting Officer and his/her designated representative may issue within the terms and conditions of the contract. All administrative support of the Contractor’s technical personnel, and all interface and interaction with subcontractors, OEMs, and suppliers used by the Contractor in performance of this contract, shall be the responsibility of the Contractor.

G.3 Fair Opportunity Pursuant to FAR 13.202 and 16.505(b)(1)(i), the DO CO may make an award, at or under the micro-purchase threshold, without seeking competitive quotations.

· Ordering Procedures

· The DO CO shall provide a fair opportunity to each Contractor to be considered for all delivery orders exceeding the micro-purchase threshold, except as provided in FAR Part 16.505(b)(2).

· The DO CO shall use electronic order processing to the maximum extent possible. If an e-procurement system is not available, a manual solicitation approach (e-mail delivery order solicitation) will be used. Each Contractor will evaluate the opportunity and determine whether to submit a solicitation response.

· In all circumstances if the Contractor intends not to submit a solicitation response, a “No Bid” must be submitted to the DO CO. All “No Bids” shall include a brief explanation as to the reason for a “No Bid” and the response may take the form of an e-mail transmission to the DO CO. Additionally, all No Bid responses shall be captured in the quarterly No-Bid Report referenced within Section C above.

Delivery Orders Delivery Orders issued under this contract will contain the following information:

(a) Date of delivery order;

(b) Contract number and delivery order number;

(c) Description, quantity ordered and contract price;

(d) Desired delivery date;

(e) Required delivery date;

(f) Place of delivery;

(g) Accounting and appropriation data;

(h) Any other pertinent information such as name and address of Contractor;

(i) Specific billing address for each destination especially for multiple destination orders; and

(j) Items for which partial deliveries are acceptable.

G.8 Invoicing and Payment Invoices shall be submitted via email. If submitting via email, send to www.ipp.gov or any successor site.

The contractor shall submit one consolidated invoice each month. Invoices should be delivered electronically to the Contracting Officer (CO), the Contracting Officer's Representative (COR) and www.ipp.gov simultaneously.

Invoicing procedures shall be specified in each individual Task Order. The “remit to” address to which payment must be sent is applicable at the Task Order level. Each invoice shall be in summary format to include the following information, at a minimum:

· IDIQ Number

· Task Order Number/Modification Number

· Contractor Name and Address

· Date of Invoice

· Invoice/Voucher Number

· Contract Line-Item Number (CLIN)

· Invoice Amount

Unless further changes are required, the Department of Health and Human Services shall notify the Contractor of the effective date of the clause at HHSAR 352.232-71 Electronic Submission of Payment Requests by providing written notice to the Contractor within thirty (30) days of implementing the HHS Electronic Invoicing Implementation Project (E-Invoicing) and within thirty (30) days of the anticipated finalization of the clause at HHSAR 352.232-71 Electronic Submission of Payment Requests, via public special notice issued through the SAM.gov portal. However, for purposes of this award or modification, the effective date shall be the date signed by the parties.

In accordance with FAR Clause 52.212-4(g)(1), Contract Terms and Conditions – Commercial Items, or FAR 52.232-25(a)(3), Prompt Payment, as applicable, the information required with each invoice submission is as follows:

Unless otherwise stated in the delivery order, the Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to include at a minimum, the following information:

(a) Name and address of the Contractor;

(b) Invoice date and number;

(c) Contract number, contract line item number (CLIN) and delivery order number;

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

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

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

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

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

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

All invoices shall be submitted to the “Designated Billing Office” and/or “Designated Payment Office” address specified in each Delivery Order. Invoices will be handled in accordance with the Prompt Payment Act and a payment will be made for items accepted by the Government that have been delivered to the delivery destination set forth in each delivery order.

END OF SECTION G.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Equipment Modifications/Substitution under Issued Delivery Orders For delivery orders issued under the base contract, the Contractor shall not substitute equipment or make any modifications to equipment ordered under issued delivery orders which would result in any change to the OEM or Contractor model number, part number, or series on deliverable equipment unless authorized in writing by the DO CO.

H.2 Energy Star (E-Star) Compliance Certification The Contractor shall provide evidence of meeting the Environmental Protection Agency (EPA) requirements for energy efficiency. Certifications shall be available for the delivered configurations of all products for which Energy Star requirements apply.

H.4 Printing Restrictions The Government will not allow printing to be funded by this contract in accordance with the Joint Committee on Printing regulations and all applicable Government Printing Office (GPO) and DHHS regulations.

H.5 Key Personnel – Program Manager The Program Manager (PM) is designated as Key Personnel. The PM will be the Contractor’s authorized representative for technical and administrative performance of all products and services required under this contract. Responsibilities for the PM are described above in G.2.6.1.

The person occupying the PM position may, with the consent of the DFOR IDIQ contract CO, be substituted or otherwise replaced, during the term of the contract. Prior to removing or replacing the PM, the Contractor shall request, in writing, approval for such action from the DFOR IDIQ contract CO at least thirty (30) calendar days in advance of the proposed effective date.

H.6 Identification of Contractor Personnel The Contractor shall ensure that its employees and subcontractors will identify themselves as employees of their respective company while working on DHS contracts. For example, Contractor personnel shall introduce themselves in person, in e-mail, and in voicemail, as employees of their respective companies, and not as DHS employees. Under no circumstances and at no time shall subcontractors of the prime identify themselves as employees of the prime or in any other way suggest, by action or inaction, that they are employees of the prime – failure to adhere to this requirement may constitute grounds for termination for default of the base DFOR contract. The Contractor shall ensure that their personnel use the following format signature on all official e-mails generated by DHHS computers:

Name

Position or Professional Title

Prime DFOR Contractor Name OR Subcontractor Company Name in support of Prime DFOR Contractor Name

Supporting the Division/Office of DHHS E-mail

H.7 Contractor Performance Assessment Reporting System (CPARS)

CPARS is a web-enabled application that collects and manages the library of automated CPARs. CPARS is for UNCLASSIFIED use only. Classified information is not to be entered into this system. A CPAR assesses a contractor's performance and provides a record, both positive and negative, on a given contractor during a specific period of time. Each assessment is based on objective facts and supported by program and contract management data, such as cost performance reports, customer comments, quality reviews, technical interchange meetings. financial solvency assessments, construction/production management reviews, contractor operations reviews, functional performance evaluations, and earned contract incentives. The contractor shall participate in the DHS CPARS program via the CPARS website at: https://www.cpars.gov/.

END OF SECTION H

SECTION I – CONTRACT TERMS AND CONDITIONS

I.1 Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998) The following FAR and HSAR clauses are incorporated by reference into this solicitation, resulting DFOR IDIQ awards and ALL delivery orders awarded as a result of it:

I.2 Clauses Incorporated in Full Text

The following FAR and HSAR clauses are incorporated in full text into this solicitation, resulting DFOR IDIQ awards and ALL delivery orders awarded as a result of it:

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

(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 items:

(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 and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN

2020) (31 U.S.C. 6101 note).

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

(10) [Reserved].

_ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020) of 52.219-4.

(13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside 15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-6.

(15) (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 (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9 X (18) (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.

(19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999)

(15 U.S.C. 637(d)(4)(F)(i)).

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (MAR 2020) (15 U.S.C. 657f).

_ (22) (i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

_ (24) 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 (Mar2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ii) Alternate I (JUL 2014) of 52.222-35.

X (32) (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.

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

(36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37) (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.)

X (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

X (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

X (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

X (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

_X_ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun2016) (E.O. 13693).

X (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

_X_ (ii) Alternate I (JAN 2017) of 52.224-3.

X (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)

(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 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 (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

X (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (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. 2302Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

X (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

X (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332)

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

X (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

X (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

(63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial…