Solicitation - 2.28.doc

PAGE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

75D301-22-Q-75708

6. SOLICITATION

ISSUE DATE

2.2.2023

Christina McMichael at wpn6@cdc.gov

b. TELEPHONE NUMBER (No collect calls)

(770) 488-2697

8. OFFER DUE DATE/

LOCAL TIME

See below.

12. DISCOUNT TERMS

FORMTEXT

Centers for Disease Control and Prevention (CDC)

Office of Acquisition Services (OAS)

2900 Woodcock Blvd, MS TCU-4

Atlanta, GA 30341-4004

X UNRESTRICTED

SET ASIDE:

SIC:

SIZE STANDARD:

X SEE SCHEDULE

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

XNote RFQ

Centers for Disease Control and Prevention (CDC)

Office of Acquisition Services (OAS)

2900 Woodcock Blvd, MS TCU-4

Atlanta, GA 30341-4004

CODE

Centers for Disease Control and Prevention (FMO)

PO Box 15580 404-718-8100

Atlanta, GA 30333-0080

TELEPHONE NO.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

“See Continuation Page”

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

29.

AWARD OF CONTRACT: REFERENCE

DATED

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

Christina McMichael 31c. DATE SIGNED

FORMTEXT

RECEIVED

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE 32c. DATE

41a. I CERTIFY THIS AMOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D 42d. TOTAL CONTAINERS

40. PAID BY

AUTHORIZED FOR LOCAL REPRODUCTION

SEE REVERSE FOR OMB CONTROL NUMBER AND PAPERWORK BURDEN STATEMENT STANDARD FORM 1449 (10-95)

TABLE OF CONTENTS

SECTION B - CONTINUATION OF SF1449

If exercised, the below services under CLINs 0003, 1003, 2003, 3003, and 4003 shall meet the definition of commercial services in FAR 2.101.

In the event a future pandemic response includes requirements that do not meet the definition of commercial services in FAR 2.101, CLINs 0003, 1003, 2003, 3003, and 4003 will be determined to be non-commercial services and subject to negotiations.

The below tables will be filled out based on the highest tier and the highest throughput. This is used for calculating the maximum total dollar value of the contract. Note that all pricing will be evaluated, not just the highest tier.

Base Period Items:

· 2℃ to 8℃ Distribution

· Flu Distribution

· Priority Up Charge

· 1Frozen Distribution -Pack Frozen

· 2Frozen Distribution – Pack 2℃ to 8℃

· Depot Transfer

· Stockpile Storage & Rotation

This is a severable firm fixed price commercial line item.

Period of Performance: August 1, 2023 – July 31, 2024

This is a non-severable Time and Materials line item.

· Refrigerated 2℃ to 8℃

· Frozen Distribution -Pack Frozen

· Frozen Distribution – Pack 2℃ to 8℃

· Ultra-Cold, ship Ultra-Cold

· Ultra-Cold, ship 2℃ to 8℃

· Ramp down

· Transition Activities

This is a severable commercial Firm Fixed Price line item.

· Refrigerated

· Frozen

· Ultra-Cold

This is a severable firm fixed price line item.

This is a severable firm fixed price line item.

Period of Performance: August 1, 2023 – July 31, 2024

This is a severable firm fixed price line item.

Period of Performance: August 1, 2023 – July 31, 2024

Frozen Distribution -Pack CRT3

(see PWS Section 4)

This is a severable firm fixed price line item.

Period of Performance: August 1, 2023 – July 31, 2024

1Frozen Distribution -Pack Frozen – vaccines are picked and packed out in a frozen temperature (-50⁰C to -15⁰C) environment, with no time limit for the pack out process. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

2Frozen Distribution – Pack 2℃ to 8℃ - vaccines are picked in frozen temperatures (-50⁰C to -15⁰C) and packed out in refrigerated temperatures (2⁰C to 8⁰C), with a time limit of 25 minutes. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

3Frozen Distribution – Pack CRT (20℃ to 25℃) - vaccines are picked in frozen temperatures (-50⁰C to -15⁰C) and packed out in CRT (20℃ to 25℃), with a time limit of 30 minutes. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

Option Period 1 Items:

OPTION

Routine Distribution:

· 2℃ to 8℃ Distribution

· Flu Distribution

· Priority Up Charge

· 1Frozen Distribution -Pack Frozen

· 2Frozen Distribution – Pack 2℃ to 8℃

· Depot Transfer

· Stockpile Storage & Rotation

Period of Performance: August 1, 2024 – July 31, 2025

OPTION

Pandemic Facilities

This is a non-severable Time and Materials line item

OPTION

Pandemic Domestic Distribution:

· Refrigerated 2℃ to 8℃

· Frozen Distribution -Pack Frozen

· Frozen Distribution – Pack 2℃ to 8℃

· Ultra-Cold, ship Ultra-Cold

· Ultra-Cold, ship 2℃ to 8℃

· Ramp down

· Transition Activities

OPTION

Pandemic International Donations

· Refrigerated

· Frozen

· Ultra-Cold

This is a severable firm fixed price line item.

Period of Performance: August 1, 2024 – July 31, 2025

This is a severable firm fixed price line item.

Period of Performance: August 1, 2024 – July 31, 2025

Frozen Distribution -Pack CRT3 (see PWS Section 4)

This is a severable firm fixed price line item.

Period of Performance: August 1, 2023 – July 31, 2024

frozen temperature (-50⁰C to -15⁰C) environment, with no time limit for the pack out process. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

2Frozen Distribution – Pack 2℃ to 8℃ - vaccines are picked in frozen temperatures (-50⁰C to -15⁰C) and packed out in refrigerated temperatures (2⁰C to 8⁰C), with a time limit of 25 minutes. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

3Frozen Distribution – Pack CRT (20℃ to 25℃) - vaccines are picked in frozen temperatures (-50⁰C to -15⁰C) and packed out in CRT (20℃ to 25℃), with a time limit of 30 minutes. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

Option Period 2 Items:

OPTION

Routine Distribution:

· 2℃ to 8℃ Distribution

· Flu Distribution

· Priority Up Charge

· 1Frozen Distribution -Pack Frozen

· 2Frozen Distribution – Pack 2℃ to 8℃

· Depot Transfer

· Stockpile Storage & Rotation

Period of Performance: August 1, 2025 – July 31, 2026

OPTION

Pandemic Facilities

This is a non-severable Time and Materials line item

OPTION

Pandemic Domestic Distribution:

· Refrigerated 2℃ to 8℃

· Frozen Distribution -Pack Frozen

· Frozen Distribution – Pack 2℃ to 8℃

· Ultra-Cold, ship Ultra-Cold

· Ultra-Cold, ship 2℃ to 8℃

· Ramp down

· Transition Activities

This is a severable commercial Firm Fixed Price form line item.

OPTION

Pandemic International Donations

· Refrigerated

· Frozen

· Ultra-Cold

This is a severable firm fixed price line item.

Period of Performance: August 1, 2025 – July 31, 2026

This is a severable firm fixed price line item.

Period of Performance: August 1, 2025 – July 31, 2026

Frozen Distribution -Pack CRT3 (see PWS Section 4)

This is a severable firm fixed price line item.

Period of Performance: August 1, 2023 – July 31, 2024

frozen temperature (-50⁰C to -15⁰C) environment, with no time limit for the pack out process. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

2Frozen Distribution – Pack 2℃ to 8℃ - vaccines are picked in frozen temperatures (-50⁰C to -15⁰C) and packed out in refrigerated temperatures (2⁰C to 8⁰C), with a time limit of 25 minutes. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

3Frozen Distribution – Pack CRT (20℃ to 25℃) - vaccines are picked in frozen temperatures (-50⁰C to -15⁰C) and packed out in CRT (20℃ to 25℃), with a time limit of 30 minutes. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

Option Period 3 Items:

OPTION

Routine Distribution:

· 2℃ to 8℃ Distribution

· Flu Distribution

· Priority Up Charge

· 1Frozen Distribution -Pack Frozen

· 2Frozen Distribution – Pack 2℃ to 8℃

· Depot Transfer

· Stockpile Storage & Rotation

Period of Performance: August 1, 2026 – July 31, 2027

OPTION

Pandemic Facilities

OPTION

Pandemic Domestic Distribution:

· Refrigerated 2℃ to 8℃

· Frozen Distribution -Pack Frozen

· Frozen Distribution – Pack 2℃ to 8℃

· Ultra-Cold, ship Ultra-Cold

· Ultra-Cold, ship 2℃ to 8℃

· Ramp down

· Transition Activities

OPTION

Pandemic International Donations

· Refrigerated

· Frozen

· Ultra-Cold

This is a severable firm fixed price line item.

Period of Performance: August 1, 2026 – July 31, 2027

This is a severable firm fixed price line item.

Period of Performance: August 1, 2026 – July 31, 2027

Frozen Distribution -Pack CRT3

(see PWS Section 4)

This is a severable firm fixed price line item.

Period of Performance: August 1, 2023 – July 31, 2024

frozen temperature (-50⁰C to -15⁰C) environment, with no time limit for the pack out process. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

2Frozen Distribution – Pack 2℃ to 8℃ - vaccines are picked in frozen temperatures (-50⁰C to -15⁰C) and packed out in refrigerated temperatures (2⁰C to 8⁰C), with a time limit of 25 minutes. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

3Frozen Distribution – Pack CRT (20℃ to 25℃) - vaccines are picked in frozen temperatures (-50⁰C to -15⁰C) and packed out in CRT (20℃ to 25℃), with a time limit of 30 minutes. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

Option Period 4 Items:

OPTION

Routine Distribution:

· 2℃ to 8℃ Distribution

· Flu Distribution

· Priority Up Charge

· 1Frozen Distribution -Pack Frozen

· 2Frozen Distribution – Pack 2℃ to 8℃

· Depot Transfer

· Stockpile Storage & Rotation

Period of Performance: August 1, 2027 – July 31, 2028

OPTION

Pandemic Facilities

OPTION

Pandemic Domestic Distribution:

· Refrigerated 2℃ to 8℃

· Frozen Distribution -Pack Frozen

· Frozen Distribution – Pack 2℃ to 8℃

· Ultra-Cold, ship Ultra-Cold

· Ultra-Cold, ship 2℃ to 8℃

· Ramp down

· Transition Activities

OPTION

Pandemic International Donations

· Refrigerated

· Frozen

· Ultra-Cold

This is a severable firm fixed price line item.

Period of Performance: August 1, 2027 – July 31, 2028

This is a severable firm fixed price line item.

Period of Performance: August 1, 2027 – July 31, 2028

Frozen Distribution -Pack CRT3 (see PWS Section 4)

This is a severable firm fixed price line item.

Period of Performance: August 1, 2023 – July 31, 2024

frozen temperature (-50⁰C to -15⁰C) environment, with no time limit for the pack out process. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

2Frozen Distribution – Pack 2℃ to 8℃ - vaccines are picked in frozen temperatures (-50⁰C to -15⁰C) and packed out in refrigerated temperatures (2⁰C to 8⁰C), with a time limit of 25 minutes. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

3Frozen Distribution – Pack CRT (20℃ to 25℃) - vaccines are picked in frozen temperatures (-50⁰C to -15⁰C) and packed out in CRT (20℃ to 25℃), with a time limit of 30 minutes. Vaccines are shipped at frozen temperatures (-50⁰C to -15⁰C).

Note: The final quantities for the table above will be added before award.

Total contract value for the base period: $____________

Total contract value for the option period one: $____________

Total contract value for the option period two: $____________

Total contract value for the option period three: $____________

Total contract value for the option period four: $____________

Total contract value is: $____________

Payment is based on actual doses distributed at the unit price within each CLIN. The total cost of the period is based on actual doses distributed. All remaining funds, in excess of actual doses distributed, will be de-obligated at the end of each 12-month base or option period.

Routine Distribution CLINs (0001, 1001, 2001, 3001, 4001, 0005, 1005, 2005, 3005, 4005, 0006, 1006, 2006, 3006, 4006):

1. The Government may unilaterally exercise any tier in the routine distribution CLINs in accordance with 52.217-7 for any quantity of doses to be distributed within the quantity range of the selected tier.

2. Option for increased quantity: The Government may unilaterally increase the quantity of doses in routine distribution CLINs to be distributed at the unit price specified, within the tier that was originally exercised. The Contracting Officer may exercise the option to increase the quantity by written notice to the Contractor within 7 days of the required delivery of the additional doses to be distributed.

3. If actual doses shipped are less than or greater than the quantity of the exercised tier in the routine distribution CLINs, the pricing will be reconciled retroactively based on the tier, that aligns with the actual doses shipped.

EXAMPLE: If Tier 2 is exercised and funding is added to support the distribution of 70M doses, but only 50M doses are distributed, the unit price will be adjusted to match the price in Tier 1.

Pandemic Distribution CLINs(0003, 1003, 2003, 3003, and 4003):

1. The Government may unilaterally exercise any volume throughput combination in pandemic distribution CLINs in accordance with 52.217-7 for any quantity of doses to be distributed within the quantity range of the selected volume throughput combination.

2. Option for increased quantity: The Government may unilaterally increase the quantity of doses in pandemic distribution CLINs to be distributed at the unit price specified, within the volume throughput combination that was originally exercised. The Contracting Officer may exercise the option to increase the quantity by written notice to the Contractor within 7 days of the required delivery of the additional doses to be distributed.

3. If actual doses shipped are less than or greater than the quantity identified when the pandemic option is exercised in pandemic distribution CLINs, the price per dose will be reconciled retroactively based on the volume, that aligns with the actual doses shipped.

EXAMPLE: If a specific volume throughput combination is identified when the pandemic option is exercised and funding is added to support the distribution of 170M doses at moderate throughput according to “Moderate Throughput Volume 1 (<200M doses)”, but 250M doses at moderate throughput are distributed, the unit price will be adjusted to match the price for “Moderate Throughput Volume 2 (201M - 650M doses)”.

B.1 Price Breakdown

All offerors will fill out and submit Attachment 1 – Price Breakdown with their proposal. This attachment will not count towards any page limits. This attachment is found posted on SAM.GOV. Note that the tables in Attachment 1 will be included in the final award.

SECTION C - CONTRACT CLAUSES

C.1 – FAR 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):

https://www.acquisition.gov https://www.ecfr.gov/current/title-48/chapter-1 https://www.acquisition.gov/hhsar (End of Clause)

The following FAR Clauses are incorporated by reference:

Applicable to T&M CLINS

C.2 – FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (Dec 2022)

(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 and Other Covered Entities (Nov 2021) (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) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

_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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 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).

__ (13) [Reserved]

__ (14)

(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.

__ (15)

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

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

_X_ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

_X_ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18)

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

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

_X_ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30)

(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31)

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32)

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

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

_X_ (35)

(i) 52.222-50, Combating Trafficking in Persons (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).

_X_ (36) 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.)

__ (37)

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

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

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

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

__ (40)

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

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)

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

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

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

__ (43)

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

__ (ii) Alternate I (Jun 2014) of 52.223-16.

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

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

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

__ (47)

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

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48)

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

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 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 (Jan 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 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 (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 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).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

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

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

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

__ (63)

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

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

_X_ (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).

_X_ (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).

_X_ (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) 52.203-19, 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 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.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 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.

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

(xiii)

(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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

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

(xix)

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

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

(xx) 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).

(xxi) 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.

(xxii) 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)

C.3 - FAR 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 7 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

C.4 – FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

C.5 – FAR 52.217-9 Option to Extend the Term of Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

C.6 - Incorporation of Wage Determinations The attached Wage Determinations specify hourly rates of wages that shall be paid to all employees performing work required under this contract. These rates have been determined by the Secretary of Labor in accordance with the provisions of the Service Contract Act of 1965, as amended. (See FAR 52.222-41). The following Wage Determinations are hereby incorporated into the contract:

C.7 - CDCP_G009 Contracting Officer (Jul 1999)

(a) 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.

(b) 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.

C.8 - CDC0_G008 Contracting Officer’s Representative (COR) (Jul 2017)

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof.

In the event that the Contractor believes full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer, immediately or as soon as possible, in a letter or e-mail separate of any required report(s). No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

The Government COR is not authorized to change any of the terms and conditions of this contract. Contract changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.

The Government will provide the Contractor with a copy of the COR delegation memorandum upon request.

C.9 - HHSAR 352.232-71 Electronic Submission of Payment Requests (Feb 2, 2022)

(a) Definitions. As used in this clause—

(1) “ 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.10 - CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (Aug 2021)

In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Contractor Performance Assessment Reporting System (CPARS). The CDC utilizes this web-based system to prepare and report contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor. The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations. The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.govfor details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website. The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

C.11 - CDC37.0001 Non-Personal Services (Jun 2020)

(a) Personal services shall not be performed under this contract. Although the Government may provide sporadic or occasional instructions within the scope of the contract, the Contractor is responsible for control and supervision of its employees. If the Contractor (including its employees) believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The contractor shall comply with, and ensure their employees and subcontractors comply with, CDC Policy titled "Contractor Identification and Safeguarding of Non-Public Information". No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. The contractor is limited to performing the services identified in the contract statement of work and shall not interpret any communication with anyone as a permissible change in contract scope or as authorization to perform work not described in the contract. All contract changes will be incorporated by a modification signed by the Contracting Officer.

(c) The Contractor shall ensure that all of its employees and subcontractor employees working on this contract are informed of the terms and conditions herein. The Contractor agrees that this is a non-personal services contract; and that for all the purposes of the contract, the Contractor is not, nor shall it hold itself out to be an agent or partner of, or joint venture with, the Government. The Contractor shall notify its employees that they shall neither supervise nor accept supervision from Government employees. The substance of the terms herein shall be included in all subcontracts at any tier.

(d) The terms and conditions above do not limit the Government's rights under other terms of the contract, including those related to the Government's right to inspect and accept or reject the services performed under this contract.

C.12 - HHSAR 352.239-74 Electronic and Information Technology Accessibility (December 18, 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part 1194. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) The Section 508 accessibility standards applicable to this contract are: 1194.

205 WCAG 2.0 Level A & AA Success Criteria 302 Functional Performance Criteria 502 Inoperability with Assistive Technology 504 Authoring Tools 602 Support Documentation 603 Support Services

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS website: (http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards.