75A50325R00003.pdf
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- Bulk Pharma Group B
- Solicitation number
- 75A50325R00003
About this file
This is a Request for Proposal (RFP) issued by the Department of Health and Human Services' Administration for Strategic Preparedness and Response (ASPR) for the replenishment of pharmaceuticals for the Strategic National Stockpile (SNS). The RFP seeks suppliers for six specific pharmaceuticals: Acyclovir Sodium injection, Doxycycline injection, Levophed (Norepinephrine), Meropenem injection, Sodium Chloride injection, and Sterile water for injection. The contract will include a 12-month base period and four 12-month option periods, with delivery to multiple SNS locations within CONUS.
The RFP (75A50325R00003) requires proposals to be submitted by January 17, 2025 at 2:00 PM ET, with questions due by January 9, 2025. This is an unrestricted competition under NAICS code 325412 with a size standard of 1,300 employees. The government intends to award one or more firm-fixed-price contracts based on best value, with technical capabilities and past performance weighted more heavily than price. Key requirements include FDA approval for all products, minimum 90% shelf life remaining at delivery, and comprehensive delivery risk mitigation plans. Contractors must be authorized manufacturers, distributors, or resellers with appropriate FDA licenses and, if applicable, DEA licenses for controlled substances. The RFP includes specific requirements for packaging, labeling, shipping, and temperature control during storage and transit.
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Other files
| File | Type | Posted |
|---|---|---|
| FY25 Bulk Pharma B-RFP ATTACHMENT 4 Reps and Certs.docx | DOCX document | |
| FY25 Bulk Pharma B-RFP ATTACHMENT 1-Technical Product List Template.xlsx | XLSX spreadsheet | |
| FY25 Bulk Pharma B-RFP ATTACHMENT 2-Business Template.xlsx | XLSX spreadsheet | |
| FY25 Bulk Pharma B-RFP ATTACHMENT 5-SBCX Industry Subcontracting Guide.pdf | ||
| FY25 Bulk Pharma B-RFP ATTACHMENT 3-Q-A Template.docx | DOCX document |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
2. CONTRACT NO.
3.AWARD/ r· ORDER NUMBER
EFFECTIVE DATE
7. FOR SOLICITATION
INFORMATION CALL: ► l
a. NAME
TERRI REED
9. ISSUED BY
ASPR/SNS
ASPR/SNS
2945 FLOWERS
ATLANTA, GA
ROAD
30341
CODE IASPR/SNS
11. DELIVERY FOR FREE ON BOARD 2. DISCOUNT TERMS
{FOB) DESTINATION UNLESS
BLOCK IS MARKED
lX] SEE SCHEDULE
15. DELIVER TO
See Schedule
17a. CONTRACTOR/ CODEI OFFEROR
TELEPHONE NO.
CODE IASPR-SNS
I FACILITY"!
CODE
□ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
19. 20.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES
!ADMINISTERED BY:
us DEPT OF HEALTH & HUMAN SERVICES iASPR/SNS
2945 FLOWERS ROAD
!ATLANTA, GA 30341
DELIVER TO:
IASPR-SNS
us DEPT OF HEALTH & HUMAN SERVICES iASPR/SNS Continued . . .
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
I
PAG
OF
I 36
,5. SOLICITATION NUMBER
:6. SOLICITATION
75A50325R00003 ISSUE DATE
01/03/2025 l
b. TELEPHONE NUMBER (No col/eel calls)
8. OFFER DUE DATE/LOCAL TIME
01/17/2025 1400 ET
10. THIS ACQUISITION IS Ix] UNRESTRICTED OR DsETASIDE: %FOR:
□ SMALL BUSINESS
□ WOMEN-OWNED SMALL NORTH AMERICAN INDUSTRY
BUSINESS (WOSB) CLASSIFICATION STANDARD
□ HUBZONE SMALL
ECONOMICALLY DISADVANTAGED {NAICS):
BUSINESS WOMEN-OWNED SMALL
□ SERVICE-DISABLED BUSINESS {EDWOSB) 325412
VETERAN-OWNED
SMALL BUSINESS □ B{A) SIZE STANDARD: 1300
{SDVOSB)
h3a. THIS CONTRACT IS A RATED 13b. RATING
□ ORDER UNDER THE DEFENSE 14. METHOD OF SOLICITATION REQUEST FOR
□ REQUEST FOR PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700) QUOTE(RFQ)
16. ADMINISTERED BY
See Schedule
18a. PAYMENT WILL BE MADE BY
□ INVITATION PROPOSAL
00 FOR BID (IFB) (RFP)
CODE jASPR/SNS
CODE
I
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
IS CHECKED □SEE ADDENDUM
21. 22. 23. 24.
QUANTITY UNIT UNIT PRICE AMOUNT
26. TOTAL AWARD AMOUNT (For Government Use Only)
□ 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3 □ ARE □ ARE NOT ATTACHED.
AND 52.212-5 ARE ATTACHED. ADDENDA
□ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA □ ARE □ ARE NOT ATTACHED.
□ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print)
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
I 30c. DATE SIGNED
□ 29. AWARD OF CONTRACT: REFERENCE _ _ _ _ _ _ _ _ __ OFFER
DATED __ _ _ _ __ . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
HEREIN, IS ACCEPTED AS TO ITEMS:
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31 b. NAME OF CONTRACTING OFFICER (Type or print)
KIMBERLY L. GOLDEN I
31c. DATE SIGNED
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA- FAR (48 CFR) 53.212
19. 20. 21. 22.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT
2945 FLOWERS ROAD
ATLANTA GA 30341 us
1 CLIN 0001: Pharmaceutical(s) - Base Ordering
Period
This line item is for informational purposes only; a new line item will be created each time product is ordered.
2 CLIN 0002: Pharmaceutical(s) - Optional Ordering
Periods 1-4, Optional Quantities
This line item is informational only; a new line item will be established each time the option is exercised for each respective ordering period.
(Option Line Item)
32a. QUANTITY IN COLUMN 21 HAS BEEN
0 RECEIVED 0 INSPECTED 0 ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED·
23.
UNIT PRICE
24.
AMOUNT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE I
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER f34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER
CORRECT FOR
0 COMPLETE □ PARTIAL 0 FINAL
0 PARTIAL 0 FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41 a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MMIDD) 142d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 11/2021) BACK
SECTION A – SOLICITATION DESCRIPTION
(i) This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in Subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
(ii) This solicitation will be conducted as a commercial acquisition competed on a full and open basis in accordance with the policies and procedures of Part 12 and Part 15 of the Federal Acquisition Regulation.
(iii) The solicitation number is 75A50325R00003, which is being issued as a Request for
Proposal (RFP). The United States Government (USG or Government) anticipates the award of a Firm Fixed Price (FFP) type contract as a result of this solicitation.
(iv) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-01, effective November 12, 2024.
Referenced FAR clauses can be found at www.acquisition.gov.
(v) This synopsis/solicitation is issued on the basis of full and open competition and is not set aside for small businesses. The NAICS code is 325412 (Pharmaceutical Preparation Manufacturing). The size standard is 1,300 (number of employees).
(vi) The Center for 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 the replenishment of expired pharmaceuticals. See Section B below for line-item numbers and product, quantities, and units of measure.
(vii) See Section D, Statement of Work (SOW), below for description of requirements.
(viii) The period of performance is expected to consist of one 12-month Base delivery period and four optional 12-month periods commencing from the date of award.
Please refer to the information below for the delivery and acceptance locations as well as the FOB points.
(ix) The provision at FAR 52.212-1, Instructions to Offerors-Commercial Products and
Commercial Services, applies to this acquisition. The Government intends to award without discussions (although it reserves the right to conduct discussions).
Therefore, the submitted proposal should represent the offeror’s best offer. The Government may accept any one or more items of an offer, unless the offeror qualifies the offer by specific limitations. The Government reserves the right to make an award on any item for a quantity less than the quantity offered at the unit prices offered. The Government intends to make more than one award, which may include awards for any one item or any combination of items; however, the Government reserves the right to make a single award for all items, whichever approach is in the best interest of the Government. The total quantity of an individual item will not be split between contracts; each resultant contract will be for the entire quantity of the item or items awarded thereunder. For this solicitation, “item” means individual pharmaceutical product.
(x) The provision 52.212-2, Evaluation-Commercial Items, applies to this procurement.
Addenda to the provision include evaluation factors and evaluation criteria.
(xi) Offerors shall include a completed copy of FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. (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 affect in accordance with this clause).
(xii) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.
(xiii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items, applies to this acquisition and applicable FAR clauses include 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, 52.225-5, 52.225-13, and 52.232-33. Other applicable clauses include Health & Human Services Acquisition Regulation (HHSAR) clauses. See Section C for details.
(xiv) There are no special contract requirements or terms and conditions related to contract financing arrangements, and the agency has no intention of entering into any agreements for contract financing arrangements.
(xv) HHS reserves the right to exercise priorities and allocations authority with respect to this contract, to include rating this order in accordance with 45 CFR Part 101, Subpart A—Health Resources Priorities and Allocations System.
(xvi) The point of contact for information regarding this combined synopsis/solicitation are:
Terri Reed, Contracting Officer SNS Contracting Program Administration for Strategic Preparedness and Response (ASPR) U.S. Department of Health and Human Services (HHS) Email: OSContracting@hhs.gov
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
Firm-Fixed Price Contract
B.1 Base Delivery Period: MM/DD/2025 – MM/DD/2026
ITEM SUPPLIES / SERVICES QTY / UNIT BASE QUANTITY
TOTAL PRICE
0001 Pharmaceutical(s) - Base Ordering Period
This line item represents the product(s) contained in Table B.1.1 and is for informational purposes only; a new line item will be created each time product is ordered.
Delivery Schedule will be in accordance with the contract, with final delivery no later than the end of the base ordering period.
See Table B.1.1 for quantities of individual products.
Table B.1.1 represents the detailed breakdown of the product(s) orderable under CLIN 0001 in accordance with SOW Section D.3.1. (NOTE: B.1.1 in each vendor's award will contain solely the products specifically awarded to that vendor.)
Table B.1.1 Item Product
Description Manufacturer
NDC # /
Product #
UoM Eaches per UoM
Total Quantity (Eaches)
Item Unit Price
Item Total Price
01A Acyclovir Sodium solution for injection, 500mg (50mg/ml) in a 10ml vial
EA 27,363
Vial
02B Doxycycline Inj, Powder, Lyophilized 100mg/10ml
EA 2,587,893
Vials
03C Levophed (Norepinephrine) 1mg/ml in 4ml amp
EA 5,952
Ampoules
04D Meropenem for injection, 1g powder vial
EA 168,000
05E Sodium Chloride for inj. 0.9% 250 ml flexi bag
EA 542,452
Bag
06F Sterile water for injection, preservative free, 10ml solution vial
EA 1,961,200
BASE QUANTITY TOTAL PRICE
B.2 Option to Order Additional Pharmaceuticals
Optional Ordering Periods 1-4:
1. Optional Ordering Period 1: MM/DD/2026 – MM/DD/2027
2. Optional Ordering Period 2: MM/DD/2027 – MM/DD/2028
3. Optional Ordering Period 3: MM/DD/2028 – MM/DD/2029
4. Optional Ordering Period 4: MM/DD/2029 – MM/DD/2030
ITEM SUPPLIES / SERVICES QTY / UNIT OPTIONAL
QUANTITIES
TOTAL PRICE
0002 The total price for CLIN 0002 shall reflect the proposed dollar amount for all products listed in Section D.3.1 for Optional Ordering Periods 1-4.
Optional quantities will be ordered in accordance with Section B.3, Option for Increased Quantity, and the option may be exercised multiple times within each ordering period. All final deliveries must comply with the proposed delivery schedule for each period.
This line item is informational only; *a new line item will be established each time the option is exercised for each respective ordering period.
See Section D.3.1, Table A, for max quantities of individual products.
Table B.2.1 represents the detailed breakdown of the product(s) orderable under CLIN 0002.
See SOW Section B.3.1, Table A for a breakdown of the projected quantities for the optional ordering periods. The Pricing Table for Optional Ordering Periods 1-4 is provided for informational purposes only and contains the proposed pricing submitted by the vendor.
Table B.2.1
ITEM
No.
SRP Product Description NDC # / Product #
OP
YR 1
Unit Price
OP
YR 2
Unit Price
OP
YR 3
Unit Price
OP
YR 4
Unit Price
4 YR Max Optional Quantity (Eaches)
4 YR Max Total Price
01A Acyclovir Sodium solution for injection, 500mg (50mg/ml) in a 10ml vial
109,456 vials
02B Doxycycline Inj, Powder, Lyophilized 100mg/10ml
2,733,330 Vials
03C Levophed (Norepinephrine) 1mg/ml in 4ml amp
30,000 ampoules
04D Meropenem for injection, 1g powder vial
672,000
05E Sodium Chloride for inj.
0.9% 250 ml flexi bag
3,574,401 Bags
B.3 Option for Increased Quantity – Separately Priced Line Items
The Government may require delivery of the option items listed in Table B.2.1 in incremental quantities, at the award price, up to the maximum quantity specified for each item. Each option line item may be exercised multiple times until the total required units are delivered. This flexible option allows for adjustments, reductions, or increases in quantity up to the maximum within the ordering period. The total units delivered will not exceed the maximums specified for each line item over the 5-year performance period, unless changed by a formal contract modification.
The funding amount for each instance of exercising an option CLIN can be calculated using the following formula: number of units multiplied by the price per unit for the product(s) being ordered.
The Contracting Officer may exercise the option by written notice to the Contractor in accordance with FAR 52.217-7. The Contractor will be notified in writing, by letter or email, at least one (1) business day before the option to acquire more product is exercised. After that written notification, a funded, unilateral modification will be issued to exercise the option and order the doses. Option quantities are not considered ordered by the Government until a funded, unilateral modification is issued to formally exercise the option.
The Government may exercise option CLIN 0002 for some or all of the awarded items at one time or may obtain the products over time. The Government’s unilateral right to exercise option CLIN 0002 is within its sole discretion.
B.4 Increased Quantity Limitations
The Government has taken a precautionary maximum quantity approach due to the unpredictability of national events. In reference to FAR 52.217-6 Option for Increased Quantity and FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Items, found in Section C, the total allowable increased quantity shall not exceed 20% of the total contract value.
06F Sterile water for injection, preservative free, 10ml solution vial
2,166,200
SECTION C PROVISIONS AND CONTRACT CLAUSES
C.1 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
www.acquisition.gov
C.2 52.252-2 Clauses Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far
FAR SOURCE TITLE AND DATE
52.202-1 Definitions (Jun 2020) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal
Confidentiality Agreements or Statements-Representation (Jan 2017) 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) 52.204-18 Commercial and Government Entity Code (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec
2014) 52.204-24 Representation Regarding Certain Telecommunications and Video
Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation
(Oct 2020) 52.204-29 Federal Acquisition Supply Chain Security Act Orders, Representation and Disclosures (Dec 2023) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-
Representation (Nov 2015) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.209-6 Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021)
52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law (Feb 2016) 52.209-12 Certification Regarding Tax Matters (Oct 2020)
C.3 Clauses Incorporated in Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services (Nov 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)
(31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with
Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)
52.222-56 Certification Regarding Trafficking in Person Compliance Plan (Oct 2020) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
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) 352.224-70 Privacy Act (Dec 2015) 352.227-70 Publications and Publicity (Dec 2015)
_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.)
__ (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).
__ (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.
__ (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. 637s).
_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) (15U.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.).
__ (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 (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (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.).
__ (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:
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan
2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause.
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 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 2015) (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 Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 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). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.216-1 Type of Contract (Apr 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of provision)
52.217-5 Evaluation of Options (July 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
(End of provision)
52.217-6 Option for Increased Quantity (Mar 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) business days before the option to acquire more product is exercised.
Delivery of the added items shall continue at the same rate as the like items called for under the contract unless the parties otherwise agree.
52.217-7 Option for Increased Quantity -Separately Priced Line Item (Mar 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) business day prior to exercising the option to acquire more product. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
C.4 Contracting Officer (CO)
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.
(End of Clause)
C.5 Contracting Officer’s Representative (COR)
Performance of work under this contract is subject to the technical direction of the COR to be identified in Section C.7 of the awarded contract(s), or a representative designated by the CO 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 CO. 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 CO no later than the beginning of the next Government workday. Failure of the Contractor and the CO to agree that technical direction is within the scope of the contract shall be subjected the terms of the “Disputes” clause of this contract.
C.6 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.
C.7 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).
(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 Products and Commercial Services 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 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.
(d) 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.
(e) 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.
• If your company is already registered to use IPP, you will not be required to re-register.
• 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.
(a) Payment will be based on receipt of a proper invoice and satisfactory contract performance.
(b) 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 shall 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 shall 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 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.
i. Any other information or documentation required by the contract (e.g., evidence 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.
(4) 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:
Contract number or other authorization for supplies delivered or services performed.
Description of supplies delivered, or services performed.
Quantities of supplies received and accepted, or services performed, if applicable.
Date supplies delivered, or services performed.
Date that the designated Government official- Accepted the supplies or services; or 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.
Signature, printed name, title, mailing address, and telephone number of the designated Government official responsible for acceptance or approval functions.
(5) Billing office. The designated billing office must immediately annotate each invoice with the actual date it receives the invoice.
(6) 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 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.
(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…
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