75A50325Q00026 - INSULATED SHIPPNG CONTAINERS_.pdf

COMBINED SYNOPSIS SOLICITATION

Insulated Shipping Containers with Cold Packs SOLICITATION 75A50325Q00026

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Proposals are being requested and a written solicitation document will not be issued.

ii. The solicitation number is 75A50325Q00026, which is being issued as a Request for Quotation (RFQ). The Government anticipates the award of a Firm Fixed Price (FFP) type contract for severable supplies.

iii. The quotation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2025-05, effective August 7, 2025.

iv. The North American Industry Classification System (NAICS) code is NAICS 322211

v. The Strategic National Stockpile (SNS), of the U.S. Department of Health and Human Services (HHS) Administration for Strategic Preparedness and Response (ASPR), has a requirement for Insulated Shipping Containers with Cold Packs.

vi. See below for description of requirements.

vii. The period of performance is anticipated to be Sep 25, 2025, through Sep 24, 2026.

viii. The provision at FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial

Services (SEP 2023), applies to this acquisition.

ix. The provision at FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021), applies to this procurement. Addenda to the provision include evaluation factors and evaluation criteria.

x. Offerors shall include a completed copy of FAR 52.212-3, Offeror Representation and

Certifications- Commercial Products and Commercial Services (May 2024), with their Offers. (Note, if offerors are registered within the System for Award Management (SAM) and certs and reps are up to date, make a statement to that effect in accordance with paragraph (b)(2) of this provision).

xi. The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial

Services (NOV 2023), applies to this acquisition.

xii. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (Jan 2025), applies to this acquisition and FAR clauses applicable are 52.219-9, 52.219-16, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.225-13, and 52.232-33. Other applicable clauses include Health & Human Services Acquisition Regulation (HHSAR) clauses. See below for details.

xiii. There are no special contract requirements or terms and conditions related to contract financing arrangements.

xiv. Quotation is due on or before September 11, 2025, no later than 1:00 PM Eastern Standard Time

(EST), by email to Akela Long, Contracting Officer, at Akela.Long@hhs.gov and Rebecca Washington, Contract Specialist at Rebecca.Washington@hhs.gov. Subject line for the email: Solicitation 75A50325Q00026 – Insulated Shipping Containers with Cold Packs. Provide a quotation based on the section titled “Instructions” in this solicitation.

o All questions regarding this RFQ of contractual or technical nature must be submitted electronically by email with the subject line “QUESTIONS RFQ75A50325Q00026” to Akela Long at Akela.Long@hhs.gov and Rebecca Washington at Rebecca.Washington@hhs.gov. no later than 1:00 PM Eastern Standard Time (EST) September 10, 2025.

xv. The point of contact for information regarding this quotation is:

Contracting Officer Akela Long Office of Head of Contracting Activity (OHCA) Administration for Strategic Preparedness and Response (ASPR) U.S. Department of Health and Human Services (HHS) Email: akela.long@hhs.gov mailto:Akela.Long@hhs.gov mailto:Rebecca.Washington@hhs.gov mailto:Akela.Long@hhs.gov mailto:Rebecca.Washington@hhs.gov.

mailto:akela.long@hhs.gov

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Base Year

CLIN Description QTY UNIT UNIT

PRICE

TOTAL

AMOUNT

0001 Insulated Shipping Container with Cold Pack, Large

Firm Fixed Price

544 EA $________ $________

0002 Insulated Shipping Container with Cold Pack, Medium

Firm Fixed Price

528 EA $________ $________

0003 Insulated Shipping Container with Cold Pack, Small

Firm Fixed Price

640 EA $________ $________

Total Aggregate Cost: $ ____________________________________

Statement of Work for

Insulated Shipping Containers with Cold Packs

C.1 Background:

The mission of the Strategic National Stockpile (SNS) is to deliver critical medical assets to the site of a national emergency. SNS achieves this mission by operating and maintaining the Strategic National Stockpile (SNS). The SNS provides technical assistance through guidance and training to state and local public health departments on how to receive, distribute, and dispense medical supplies. When SNS assets are combined with federal, state, and local technical expertise to manage and distribute them efficiently, its helps ensure that key medical supplies are available during emergencies. The SNS is responsible for maintaining temperature control of the vaccine assets contained within the CCM (Cold Chain Management) Shippers that will be deployed during an Event or request from doctors, hospitals and clinics.

C.2 Purpose: The U.S. Government is interested in establishing a contract with a vendor for immediate purchases of Shipping Supplies used in healthcare settings. In establishing orders for such, the Government is attempting to award a contract to sustain readiness capabilities. This will enable the United States to ensure sufficient availability of such items during national emergencies and/or pandemic events.

Operational Logistics (OL) of the SNS is responsible for maintaining temperature control of the vaccine assets contained within the Cold Chain Management (CCM) and requires additional Insulated Shipping Containers (ISC) that will be deployed for normal use, during emergencies, and special events. The Insulated Shipping Containers (ISC) will be used to pack, load and ship temperature-controlled product that is required to be maintained at temperatures between 2°C and 8°C, without the use of dry-ice, for up to 96 hours of in transit shipping that may occur on short notice, 24 hours a day, 365 days per year to anywhere in the USA and international locations.

The purpose and need for this proposed requirement are to provide the Strategic National Stockpile (SNS), Administration for Strategic Preparedness and Response (ASPR), with a contracting vehicle for Insulated Shipping Containers (non-electric) and Cold Packs or Equivalent needed to support "emergency responses"

C.3. Scope of Work:

The contractor shall supply Insulated Shipping Containers and Cold Packs or Equivalent, meeting the payload/dimensional specifications detailed below, to SNS receiving facilities in accordance with the delivery schedule outlined below. SNS will provide ship to addresses and required quantities to each address upon award.

Required specifications: (no specific priority or weighted value are implied from the list as outlined)

•Temperature controlled packing validated to maintain contained product at a temperature range of 2°C and 8°C for at least 96 hours with preconditioning.

•Maintain a temperature range of 2°C and 8°C during transit regardless of external temperatures experienced during transit to any populated location.

•The use of Dry Ice to maintain temperature requirements is not acceptable.

•Three (3) sizes of boxes are expected to use for shipping vaccine type items. As a minimum the sizes and dimensions are listed below.

SIZE DIMENSIONS

L W H

Small Exterior ET 19" 13" 17"

Interior ET 14” 8” 14” Core box 6.5” 5” 4”

Medium Exterior ET 23" 19" 21" Interior ET 18.5” 14.5” 16” Core box 14.75” 9.75” 6.5”

Large Exterior ET 27" 26" 28" Interior ET 22” 21” 25” Core box 14.75” 14.75” 11.25”

•ISTA-3A Drop Test and ISTA 7D Winter and Summer Protocol will be followed and documented to ensure that the container can maintain the set standards mentioned.

•Information must be reviewed and approved by SNS QC Team.

•The refrigerants will have a minimum shelf life of 2-4 years while in storage and not used for CCM shipments (longer shelf life is preferred).

•The shipping/insulated box will have a minimum shelf life of 4 years while in storage and not used for CCM shipments (longer shelf life is preferred).

•Manufacture date, manufacturer item/model number, and manufacture name will be printed on the container in a visible location when the product is stored in warehouse racking.

•Must provide end user operation packaging protocol instructions for each model purchased.

•Must provide website and phone contact information for end user to contact for help assistance.

•Must include statement on end user directions for safe disposal and any associated material risks by end user.

•Must describe their QA/QC Validation Approach.

•Must describe their General Qualification Acceptance Criteria.

•Must describe their testing philosophy approach and methodology (Software and Hardware, Factory Acceptance Testing).

•Must provide Qualification verification letter for all units sold.

•Must define how future upgrades affect other listed requirements.

•Passive temperature maintenance is required to activate (non-electrical).

•The ability to be stored by means of stacking or palletizing in ambient temperature between 17°C and 25°C (63°F and 77°F) is preferred to maintaining the container in full, ready-to-use.

•All product to be delivered on standard 48" by 40" pallet, not to exceed 60" in height, stretch wrapped and secured to pallet for safe transport.

Definitions Precondition - Product does require storage or setting in refrigerator or freezer prior to use for Cold- Chain Management (CCM) shipping.

Dry Ice – Container does not require the use of Dry Ice to maintain a temperature range of 2°C and 8° C during transit of temperature-controlled shipments.

C.4 Type of Contract: Firm-Fixed-Price Contract

C.5 Contract Period of Performance & Delivery Location:

Delivery location and schedule will be provided by the Contracting Officer’s Representative at the time of award.

Delivery locations will be SNS locations within the CONUS. Exact locations will be provided after award due to the sensitive nature of these sites. Final delivery schedule will be defined at time of award and based upon Offerors’ capabilities.

The period of performance will be Sep 25, 2025 –Sep 24, 2026.

C.5 Deliverables: The contractor shall provide delivery as per the final delivery schedule discussed at time of contract award.

Deliverable Format/Deliver to Date

Kick-Off Meeting Notes Should contain a detailed overview of the discussion.

Electronic copy of Kick-Off Meeting Notes – COR

Within 5 days of meeting being held

Delivery Documents Scan and email to COR/POC 2 Business Days Prior to Delivery Packing Slips Scan and email to COR/POC 48 hours after delivery

Final Report Summary of all deliveries under performance of this contract.

Within 5 business days from final delivery or end of contract, whichever comes first.

Contractor delivery schedule Scan and email to COR/POC Must be included in the proposal submission.

C.6 Shipping Requirements:

All contracts for delivery to a DSNS location shall have the following Shipping requirements:

a. All shipments will include packing slips and contract number.

b. Storage Requirements shall be on all packing lists.

c. No Partial Case or Packages quantities will be accepted unless approved by SNS in advance.

d. No Mixed Lot #'s per Case, Packages, or Pallets will be accepted unless approved by SNS in advance.

e. Product must have at least 12 months of Shelf Life upon delivery.

f. Shelf-life shall be included on all packing lists, inner packaging, and outer case.

g. Item description, NDC/Part number, Lot numbers and quantities shall be included on each Case, box/package/etc., and the packing list.

h. All pallets are to have the identical TyHi stack pattern except for the final pallet.

i. All product to be delivered on standard 48" by 40" heat treated pallet, not to exceed 60” in height, stretch wrapped and secured to pallet for safe transport.

j. Full case quantities only unless approved by SNS in advance. Final shipment may be less than full quantity.

k. Contractor shall contact the designated point of contact (POC) to schedule delivery appointments.

l. Lot number and part number shall be included on the inner packaging and outer case.

m. Contractor shall contact the designated POC to schedule delivery appointments.

No deliveries accepted on weekends without prior approval

SECTION D-PACKAGING, MARKING AND SHIPPING

D.1 Packing

All postage and fees related to submission of information, including forms, reports, etc., to the Contracting Officer or Contracting Officer’s Representative (COR) or other persons designated to receive the information shall be paid by the Contractor.

D.2 Markings

All deliveries submitted to the CO or the COR or other SNS personnel designated to receive deliverables shall clearly indicate the following information:

1 Agency/Requiring LOC Service Unit and MAIL STOP 2 Description of information/data being submitted 3 Contract Number

D.3 SNS Packaging and Shipping Requirements

All contracts for delivery to a SNS location shall have the following shipping requirements:

1. No partial case or package quantities will be accepted.

2. No mixed lot numbers per case or per packages will be accepted.

3. No mixed sizes (e.g., small, medium, large, extra-large mixed in on one pallet) will be accepted.

4. No mixed product per pallet will be accepted.

5. Product must have at least 90% of the “Manufacturer Shelf Life” remaining upon delivery to SNS.

6. Shelf-life and storage requirements must be included on all packing list, inner packaging, and outer case.

7. One lot number will be used per pallet. The final delivery may contain one pallet with multiple lot numbers.

8. Lot numbers (matching), model number, part numbers, and package quantity must be included on the inner packaging and clearly identified.

9. Lot numbers (matching), model number, part numbers, and case quantity must be listed on the outer packaging and clearly identified.

10. Duplicate lots should only have one expiration date (i.e., the same two lot numbers should not have different expiry dates).

11. Labels must adhere to applicable FDA labeling regulations.

12. All shipments will include packing slips containing the contract number, item description, model number, part number, lot numbers, and quantities.

13. Contractor shall contact designated POC (for the respective address where items are being delivered) to schedule delivery appointments NLT 48 hours prior to shipping any product but as far in advance as possible (delivery times are Mon – Fri 8:00 AM – 3:30 PM).

14. For products with an issued NSN, product cases shall have applicable NSN annotated on case and inner packages' labels.

15. All pallets are to have the identical TI-HI stack pattern except for the final pallet.

16. All product to be delivered on a heat treated standard 48" by 40" pallet, not to exceed 60” in height stretch wrapped, and secured to pallet for safe transport.

SECTION E – INSPECTION AND ACCEPTANCE

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/browse/index/far

E.2 Inspection and Acceptance (Jul 1999)

Inspection and acceptance of the articles, services, and documentation called for herein shall be accomplished by the Contracting Officer, or his duly authorized representative (who for the purposes of this contract shall be the Project Officer or COR) at the destination of the articles, services or documentation. Final acceptance shall be based on the completion of each delivery.

(End of Clause)

“Notwithstanding the clause at FAR 52.212-4(a), inspection and acceptance shall be governed in accordance with FAR 52.246-2”.

https://www.acquisition.gov/browse/index/far

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATION

This contract will be administered by the following ASPR/SNS

Contracting Officer Akela Long, Contract Specialist Office of Resource Management (ORM) Administration for Strategic Preparedness and Response (ASPR) U.S. Department of Health and Human Services (HHS) Email: Akela.Long@hhs.gov 404-498-5635 office

Contracting Officer’s Representative (COR) Bruce Lee, Logistic Management Specialist Center for the Strategic National Stockpile Administration for Strategic Preparedness and Response (ASPR) U.S. Department of Health and Human Services (HHS)

Atlanta, GA 30341 Email: Bruce.Lee@hhs.gov

G.2 HHSAR 352.232-71 Electronic Submission of Payment Requests (FEB 2022)

(a) Definitions. As used in this clause—

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of clause)

G.3 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)

a) All Invoice submissions for goods and or services delivered to facilitate payments must be made electronically through the U.S. Department of Treasury’s Invoice Processing Platform System (IPP) a copy to the Contracting Officer’s Representative (COR) Bruce Lee at Bruce.Lee@hhs.gov.

b) Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial items contracts. The IPP website address is: https://www.ipp.gov.

c) The Agency will enroll the Contractors new to IPP. The Contractor must follow the IPP registration email mailto:oga1@cdc.gov%20%7C mailto:Bruce.Lee@hhs.gov instructions for enrollment to register the Collector Account for submitting invoice requests for payment.

The Contractor Government Business Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award for new contracts or date of modification for existing contracts.

o Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

1) The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

d) If your company is already registered to use IPP, you will not be required to re-register.

e) If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

2) Invoice Elements.

In accordance with FAR 32.905 Payment documentation and process, Contractor shall submit an electronic invoice to the email addresses designated in the contract to receive invoices. Payment will be based on receipt of a proper invoice and satisfactory contract performance.

(a) Content of invoices.

(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line-item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered, or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

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

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract https://www.acquisition.gov/far/subpart-4.9#FAR_Subpart_4_9 https://www.acquisition.gov/far/52.232-38#FAR_52_232_38 clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(b) Authorization to pay. All invoice payments, with the exception of interim payments on cost-reimbursement contracts for services, must be supported by a receiving report or other Government documentation authorizing payment (e.g., Government certified voucher). The agency receiving official should forward the receiving report or other Government documentation to the designated payment office by the 5th working day after Government acceptance or approval, unless other arrangements have been made. This period of time does not extend the due dates prescribed in this section. Acceptance should be completed as expeditiously as possible. The receiving report or other Government documentation authorizing payment must, as a minimum, include the following:

(1) Contract number or other authorization for supplies delivered or services performed.

(2) Description of supplies delivered, or services performed.

(3) Quantities of supplies received and accepted, or services performed, if applicable.

(4) Date supplies delivered, or services performed.

(5) Date that the designated Government official-

(i) Accepted the supplies or services; or

(ii) Approved the progress payment request, if the request is being made under the clause at 52.232- 5, Payments Under Fixed-Price Construction Contracts, or the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts.

(6) Signature, printed name, title, mailing address, and telephone number of the designated Government official responsible for acceptance or approval functions.

(c) Billing office. The designated billing office must immediately annotate each invoice with the actual date it receives the invoice.

(d) Payment office. The designated payment office will annotate each invoice and receiving report with the actual date it receives the invoice.

The Administration for Strategic Preparedness and Response (ASPR) additional requirements:

(i) The contractor shall submit monthly invoices under this contract unless otherwise agreed upon by all parties.

For indefinite delivery and blanket purchase agreement vehicles, separate invoices must be submitted for each order.

(ii) Invoices must break-out price/cost by contract line-item number (CLIN) as specified in the pricing section of the contract.

https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.232-5#FAR_52_232_5 https://www.acquisition.gov/far/52.232-5#FAR_52_232_5 https://www.acquisition.gov/far/52.232-10#FAR_52_232_10

SECTION H—SPECIAL CONTRACT REQUIREMENTS

H.1– CONTRACTING OFFICER

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

H.2 – CONTRACTING OFFICER’S REPRESENTATIVE

Performance of work under this contract is subject to the technical direction of the COR identified in Section G.1, or a representative designated by the contracting officer in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the contract are accomplished satisfactorily. Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

i. Constitutes additional work outside the contract specification(s)/work statement;

ii. Constitutes a change as defined in the “Changes” clause of this contract;

iii. Causes an increase or decrease in the contract price, or the time required for contract performance;

iv. Interferes with the contractor’s right to perform under the terms and conditions of the contract; or

v. Directs, supervises or otherwise controls the actions of the contractor’s employees.

Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the contracting officer. The contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government workday. Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subjected the terms of the “Disputes” clause of this contract.

H.3 – CONTRACTOR PUBLICITY

The Contractor, or any entity or representative acting on behalf of the Contractor, may not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government will consider institution of all remedies available under the contract and applicable law.

SECTION I- CONTRACT CLAUSES

I.1 52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

http://www.acquisition.gov HHS Acquisition Regulations (HHSAR) | HHS.gov

(End of Clause)

I.2 Clauses Incorporated in Full Text

FAR SOURCE TITLE AND DATE

52.204-7 System for Award Management (Nov 2024) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-18 Commercial and Government Entity Code (Aug 2020) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (Nov 2021) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

(NOV 2023)

52.212-4 Alt. I Contract Terms and Conditions-Commercial Products and Commercial Services

(Nov 2021) 52.222-56 Certification Regarding Trafficking in Person Compliance Plan (Oct 2020) 52.227-14 Rights in Data-General (MAY 2014) 52.227-15 Representation of Limited Rights Data and Restricted Computer Software (DEC

2007) 52.227-17 Rights in Data-Special Works (DEC 2007) 52.232-18 Availability of Funds (APR 1984)

HHSAR SOURCE

352.203-70 Anti-Lobbying (Dec 2015) 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations

(Dec 2015) 352.223-70 Safety and Health (Dec 2015) 352.227-70 Publications and Publicity (Dec 2015) 352.224-70 Privacy Act (Dec 2015) 352.233-71 Litigation and Claims (Dec 2015) 352.237-74 Non-Discrimination in Service Delivery (Dec 2015) 352.239-74 Electronic and Information Technology (EIT) Acquisitions (Dec 2015) 352.270-7 Paperwork Reduction Act (Jan 2006) http://www.acquisition.gov/ https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/index.html

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Jan 2025)

(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:

[Contracting Officer check as appropriate.]

__(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).

_X_(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].

__(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).

_X_(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).

_X_(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]

__(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)).

_X_(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.

__(23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

_X_(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 Representation (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.

_X_ (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.

_X_ (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.).

_X_ (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.

_X_ (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 (JAN 2025) 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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

_X_ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (65) (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:

[Contracting Officer check as appropriate.]

__ (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).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).

(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. 115-232).

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

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

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered…