RFQ_75D30124Q77832.pdf

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ IS x IS NOT A SMALL BUSINESS SET-ASIDE.

PAGE OF PAGES

1 75

1. REQUEST NO.

75D301-24-Q-77832

2. DATE ISSUED

06/25/2024

3. REQUISITION/PURCHASE REQUEST NO.

0000HCCS-2024-85463

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY Centers for Disease Control and Prevention Chamblee Campus Building 102, MS S102-4 4770 Buford Hwy Atlanta GA 303413717

6. DELIVERY BY (Date)

See Section B

5b. FOR INFORMATION CALL (No collect calls) X

NAME TELEPHONE NUMBER

AREA CODE NUMBER

8. TO: 9. DESTINATION

a. NAME b. COMPANY a. NAME OF CONSIGNEE

c. STREET ADDRESS b. STREET ADDRESS

c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

“See Continuation Page”

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

Previous edition not usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)

7. DELIVERY

FOB

DESTINATION

OTHER

(See Schedule)

Section A – Cont’d

1. The Centers for Disease Control and Prevention (CDC) National Institute for

Occupational Safety & Health (NIOSH) has a requirement for Distributed Strain Sensing Interrogator with the delivery dates specified in Section B of this RFQ and Section C Statement of Work.

2. This requirement is a full and open under the North American Industry Classification System (NAICS) Code 541990 All Other Professional, Scientific and Technical Services, with the size standard of $19.5 Million.

3. The Government will conduct this acquisition in accordance with FAR Part 12 Acquisition of Commercial Products and Commercial Services.

4. The Government intends to award one firm-fixed price contract.

5. Submit quotes to Ann Bonis at won5@cdc.gov no later than July 9, 2024 1100 AM Central Standard Time, subject line: RFQ 75D301-24-Q-77832 Distributed Strain Sensing Interrogator, Offeror Name.

Section B – Supplies Prices

ITEM SUPPLIES / SERVICES QTY /

UNIT

UNIT

PRICE

EXTENDED

PRICE

0001 DSS Interrogator package Distributed Strain Sensor (DSS) Package iDSS* interrogator Remote System commissioning, configuration and set up

Custodial Account #: 00523

Delivery on or by September 15, Firm Fixed Price

1 Package

0002 DSS Interrogator Shipping Shipping Distributed Strain Sensor (DSS) Package iDSS* interrogator Remote System commissioning, configuration and set up

Custodial Account #: 00523

Delivery on or by September 15, Firm Fixed Price

1 Package

0003 DSS Interrogator Training Training for the Distributed Strain Sensor (DSS) Package iDSS* interrogator Remote System commissioning, configuration and set up (virtual).

Custodial Account #: 00523

Delivery on or by September 15, Firm Fixed Price

1 Package

Optional Device Pricing

ITEM SUPPLIES / SERVICES QTY /

UNIT

UNIT

PRICE

EXTENDED

PRICE

1001 DSS Interrogator package Distributed Strain Sensor (DSS) Package (with add ons) iDSS* interrogator Remote System commissioning, configuration and set up

Custodial Account #: 00523

Delivery on or by September 15, Firm Fixed Price

1 Each

1002 DSS Interrogator Shipping Shipping Distributed Strain Sensor (DSS) Package (with add ons) iDSS* interrogator Remote System commissioning, configuration and set up

Custodial Account #: 00523

Delivery on or by September 15, Firm Fixed Price

1 Each

1003 DSS Interrogator Training Training for the Distributed Strain Sensor (DSS) Package (with add ons) iDSS* interrogator Remote System commissioning, configuration and set up (virtual).

Custodial Account #: 00523

Delivery on or by September 15, Firm Fixed Price

1 Each

Section C – Statement of Work

Title: Distributed Strain Sensing Interrogator

Delivery on or by September 15, 2024

SECTION 1 – BACKGROUND

1. Many hazards threaten underground miners, including falls of ground, rockbursts, fires, malfunctioning haulage equipment, to name a few. According to the MSHA accident database, from 2015 to 2023 there have been over 4,000 injuries related to ground control failures, 200 injuries related to explosions or fires, and 1,400 injuries related to power-haulage in underground U.S. mines. The fact that so many of these injuries continue to occur indicates systems for detecting these hazards are either absent or fall short in providing timely and comprehensive warnings. For example, many limitations exist for seismic systems in longwall mines and traditional belt monitoring systems consist of costly point measurements networks. As a result, miners are exposed to substantial risks, and mining operations face potential downtime and production losses due to these incidents.

2. The NIOSH Mining Program’s mission is to “to eliminate mining fatalities, injuries, and illnesses through relevant research and impactful solutions.” Distributed fiber-optic sensing (DFOS) represents one such impactful solution that could greatly improve a variety of safety monitoring applications in underground mines. DFOS uses laser pulses in fiber-optic cable to measure temperature, vibrations, or strain near the cable. DFOS has enabled a variety of transformative applications in the oil and gas industry but is not commonly used in the underground mining industry despite many potentially impactful applications. NIOSH is well positioned to develop new DFOS monitoring techniques because it possesses several underground mine collaborators and researchers with expertise in DFOS.

3. The proposed work to establish DFOS monitoring techniques in underground mines could improve hazard quantification and establish early warning protocols to reduce worker exposure. Moreover, the mining industry stands to gain from reduced downtime, lower accident-related costs, and improved operational efficiency, ultimately contributing to the industry's viability.

SECTION 2 – PURPOSE/OBJECTIVE

1. The purpose of this contract is to procure a Distributed Strain Sensing Interrogator. This device will allow CDC to conduct cutting-edge mine safety research with furthers the

NIOSH mining program’s mission. Specifically, the CDC is interested in using DSS to conduct the following research:

a. Monitor stresses related to extraction in underground mines. Knowing the distribution of stress helps identify problematic conditions as they arise. However, more research is needed on deployment strategies and calibrations before this can become standard practice.

b. Monitor effectiveness of fracturing for ground control improvement, eg fracturing thick competent and obtaining fracture magnitude.

SECTION 3 – REQUIREMENTS

1. The DSS device at a minimum requires:

- Low Microstrain sensitivity.

- <= 1m spatial resolution.

- >= 10km sensing length.

- At least 2 sensing channels.

- Data are stored to an open format and accessible via attached storage device or via secure copy protocol.

- Suitable for deployment in rugged environments (mine sites).

- No recurring software, maintenance fees, or hardware not included in the quote are required to operate equipment and store data files

2. In addition to the minimum requirements listed above the Government will review the device for the following components and features.

- Ruggedized case for deployments in harsh environments (underground mines).

- Can be GPS time synchronized.

- Higher strain sensitivity.

- Lower spatial sampling.

- Number of available channels (up to six)

- Higher temporal sampling rates

3. The contractor will provide commissioning configuration and set up. The contractor will work with the Contracting Officer Representative to schedule the date(s) and time(s) for the virtual training.

SECTION 4 – DELIVERY DATE AND LOCATION

Delivery will be on or by September 15, 2025 to NIOSH Spokane Mining Research Division 315 E Montgomery Ave Spokane, WA; Attention Heather Lawson

SECTION 5 – DELIVERABLES/SCHEDULE

1. One (1) DSS Interrogator package meeting the specifications defined in Section 3 above, to the address and by the date specified in Section 4.

2. Commissioning configuration and set up (virtual).

3. Hardware, Software, Development or Support

The following table details a listing of possible deliverables that may be completed by the contractor.

Deliverable Title/Description Due Date Computer software, including source code. Prior to performing any work on behalf of

NIOSH.

SECTION 6 – MINIMUM VENDOR QUALIFICATIONS

Established manufacturer of DSS equipment

SECTION 7 – ADDITIONAL REQUIREMENTS

1. Section 508 Compliance

Electronic and Information Technology Accessibility Notice

In accordance with Section I Clause 352.239-79 (b): In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and documentation detail - whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS Web site http://hhs.gov/web/508.

The Section 508 accessibility standards applicable to this contract are: 1194 WCAG 2.0 Level A & AA Success Criteria 302 Functional Performance Criteria 402 Closed Functionality 403 Biometrics 404 Preservation of Information Provided for Accessibility 405 Privacy 406 Standard Connections 407 Operable Parts

408 Display Screens 409 Status Indicators 410 Color Coding 411 Audible Signals 502 Inoperability with Assistive Technology 503 Applications 504 Authoring Tools 602 Support Documentation 603 Support Services

2. Hardware

a. Card Readers. The Contractor (and/or any subcontractor) shall include Federal Information Processing Standard (FIPS) 201-compliant smart card readers (referred to as LACS Transparent Readers) with the purchase of servers, printers, desktops, and laptops.

b. Mobile Devices. The contractor must follow NIST 800-124, Rev. 1, Guidelines for Managing the Security of Mobile Devices in the Enterprise and comply with Public Law 115-232 § 889, when purchasing and/or using mobile devices that process or store HHS data.

c. Contracts for information systems, components, or services must meet the privacy requirements.

d. The Contractor (and/or any subcontractor) shall Include privacy controls in the security testing and evaluation and minimize the use of live data in development and testing.

e. The Contractor shall produce a design specification and security architecture that accurately and completely describes the privacy requirements, and the allocation of security and privacy controls among physical and logical components for any developed information system, system component, or information system service.

f. The Contractor (and/or any subcontractor) shall apply the Multifunction Device and Network Printers (MFD) STIG Version 2 to MFDs and printers to secure implementation as these devices are subject to network and physical security concerns.

g. The Contractor (and/or any subcontractor) shall mark and display a notice indicating appropriate usage of Printers and Copier. Banners & markings shall include:

i. Sensitive Data/Information: Information that has a degree of confidentiality such that its loss, misuse, unauthorized access, or modification could compromise the element of confidentiality and thereby adversely affect national health interests, the conduct of HHS programs, or the privacy of individuals’ information protected by The Privacy Act or the Health Insurance Portability and Accountability Act (HIPAA).

Information technology (IT) security personnel and system owners can equate this definition of sensitive information with data that has a FIPS 199 security impact level of moderate or high for the Confidentiality security objective. This definition of sensitive information is media neutral, applying to information as it appears in either electronic or hardcopy format (HHS Memo - Updated Departmental Standard for the Definition of Sensitive Information).

ii. Personally Identifiable Information (PII): means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual (OMB M-17-12).

iii. Non-Public Information: Information that the employee gains by reason of

Federal employment and that he knows or reasonably should know has not been made available to the general public. It includes information that he knows or reasonably should know: (a) Is routinely exempt from disclosure under 5 U.S.C. 552 or otherwise protected from disclosure by statute, Executive order or regulation; (b) Is designated as confidential by an agency; or (c) Has not actually been disseminated to the general public and is not authorized to be made available to the public on request (5 CFR 2635.703).

iv. Public Information: Any information, regardless of form or format, that an agency discloses, disseminates, or makes available to the public. (OMB Circular A- 130).

3. Information Technology Application Design, Development, or Support The Contractor (and/or any subcontractor) must ensure IT applications designed and developed for end users (including mobile applications and software licenses) run in the standard user context without requiring elevated administrative privileges.

a. The Contractor (and/or any subcontractor) must ensure IT applications designed and developed for end users (including mobile applications and software licenses) run in the standard user context without requiring elevated administrative privileges.

b. The contractor must consult the guidelines from NIST SP 800-160 volume 1, Systems Security Engineering: Considerations for a Multidisciplinary Approach in the Engineering of Trustworthy Secure Systems, NIST SP 800-160 volume 2, Systems Security Engineering: Considerations for a Multidisciplinary Approach in the Engineering of Trustworthy Secure Systems, and NIST SP 800-53 to implement security during the development of all applications and throughout the life cycle stages of software development.

c. The Contractor (and/or any subcontractor) must follow secure coding best practice requirements, as directed by United/ States Computer Emergency Readiness Team (US-CERT) specified standards and the Open Web Application Security Project (OWASP), System Admin, Audit, Network and Security (SANS), and the HHS Policy for Software Development Secure Coding Practices that will limit system software vulnerability exploits that will limit system software vulnerability exploits.

d. The Contractor (and/or any subcontractor) must ensure that computer software developed on behalf of HHS/CDC/NIOSH or tailored from an open-source product, is fully functional and operates correctly on systems configured in accordance with government policy and federal configuration standards. The contractor shall test applicable products and versions with all relevant and current updates and patches updated prior to installing in the HHS/CDC/NIOSH environment. No sensitive data shall be used during software testing.

e. The contractor must, at a minimum, segregate physically or logically, all test and development systems from production systems as applicable in accordance with the HHS Standard for Segregation of Dev/Test Environments from Production.

f. The Contractor (and/or any subcontractor) must protect information that is deemed sensitive from unauthorized disclosure to persons, organizations or subcontractors who do not have a need to know the information. Information which, either alone or when compared with other reasonably available information, is deemed sensitive or proprietary by HHS/CDC/NISOH shall be protected as instructed in accordance with the magnitude of the loss or harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the data. This language also applies to all subcontractors that are performing under this contract.

g. The Contractor (and/or any subcontractor) must remediate all risks or vulnerabilities immediately after the risks or vulnerabilities have been identified in the software.

h. When transferring information between different security domains, the Contractor (and/or any subcontractor) must examine for the presence of unsanctioned information for malicious code and prohibits the transfer of such information.

Unsanctioned information (information not authorized to be stored, processed or transmitted by the system) is any information not owned by the Institute nor covered by an existing DUA, DSA, MOU or other authorization. When trust relationships are established with external information systems (systems that are outside of the authorization boundary to access, process, store, or transmit PII), the Contractor (and/or any subcontractor) shall limit access to PII from external information systems with a binding agreement to terms and conditions of the privacy requirements.

i. The Contractor (and/or any subcontractor) must review of user privileges to ensure privileges are revoked for those who no longer require access to PII or PHI and limit the following:

i. Limit maximum number of concurrent sessions for system accounts globally, by account type, by account, or a combination thereof

ii. Limit access to PII from mobile devices, if applicable

j. The Contractor (and/or any subcontractor) must ensure non-interactive applications and the associated accounts running on servers (e.g., server applications, application servers, system applications, middleware, databases, containers, etc.) do not run with or require full administrative or elevated privileges.

4. Non-Commercial and Open-Source Computer Software Procurements

The Contractor (and/or any subcontractor) shall follow secure coding best practice requirements, as directed by the United States Computer Emergency Readiness Team (US-CERT) specified standards and the Open Web Application Security Project (OWASP) that will limit system software vulnerability exploits. The contractor will be liable for malicious or defective code or failure to reduce risk.

5. Internet of Things (IoT)

The Contractor (and/or any subcontractor) shall consult Internet of Things (IoT) guidelines from NIST Security for IoT Device Manufacturers: NISTIR 8259 Foundational Cybersecurity Activities for IoT Device Manufacturers, NISTIR 8259A IoT Device Cybersecurity Capability Core Baseline, NISTIR 8259B IoT Non-Technical Supporting Capability Core Baseline, NISTIR 8228 Considerations for Managing Internet of Things (IoT) Cybersecurity and Privacy Risk.

Per NIST, the internet of things, or IoT, is the network of devices that contain the hardware, software, firmware, and actuators which allow the devices to connect, interact, and freely exchange data and information.

The Internet of Things, or IoT, is a system of interrelated computing devices, mechanical and digital machines, objects, animals or people that are provided with unique identifiers (UIDs) and the ability to transfer data over a network without requiring human-to-human or human-to-computer interaction.

1) Asset Identification: The IoT product can be uniquely identified and can inventory all of the IoT product’s components.

2) Product Configuration: The configuration of the IoT product can be changed, and such changes can be performed by only authorized individuals and other IoT product components.

3) Data Protection: The IoT product can protect the data it stores (across all IoT product components) and transmits (both between IoT product components and outside the IoT product) from unauthorized access and modification.

4) Logical Access to Interfaces: The IoT product can restrict logical access to its local and network interfaces, and to the protocols and services used by those interfaces, to only authorized individuals and IoT product components.

5) Software Update: The software of all IoT product components can be updated by authorized individuals and other IoT product components only by using a secure and configurable mechanism, as appropriate for each IoT product component.

6) Cybersecurity State Awareness: The IoT product can detect cybersecurity incidents affecting or effected by its components and the data they store and transmit.

7) Product Security: The IoT product can perform other features and functions across some or all of its components to make IoT products minimally securable for the sector.

8) Documentation: The ability for the manufacturer and/or the manufacturer's supporting entity, to create, gather, and store information relevant to cybersecurity of the IoT product and its product components prior to customer purchase, and throughout the development of a product and its subsequent lifecycle.

9) Information and Query Reception: The ability for the manufacturer and/or supporting entity to receive information and queries from the customer and others related to cybersecurity of the IoT product and its product components.

10) Information Dissemination: The ability for the manufacturer and/or supporting entity to broadcast and distribute (e.g., to the customer or others in the IoT product ecosystem) information related to cybersecurity of the IoT product and its product components.

11) Education and Awareness: The ability for the manufacturer and/or supporting entity to create awareness of and educate customers and others in the IoT product ecosystem about cyber security related information, considerations, features, etc.

of the IoT product and its product components.

6. COVID-19 Language

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.

Section D – Packaging and Marking Not applicable.

Section E – Inspection and Acceptance E.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/

FAR SOURCE TITLE AND DATE

52.246-2 Inspection of Supplies-Fixed-Price (Aug 1996)

Section F – Deliveries or Performance F.1 Place of Delivery Delivery will be to NIOSH Spokane Mining Research Division 315 E Montgomery Ave Spokane, WA; Attention Heather Lawson.

F.2 Delivery Schedule One (1) DSS Interrogator package meeting the specifications defined in Section 3 above, to the address and by the date specified in Section 3 SOW Section 4. Delivery will be on or by September 15, 2025

Section G – Contract Administration Data

G.1 HHSAR 352.232-71 Electronic Submission of Payment Requests

(a) Definitions. As used in this clause -

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

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

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

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

(End of Clause)

G.2 CDC0_G018 Payment by Electronic Funds Transfer (Feb 2018)

(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer –System for Award Management, in Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

(b) In the case that EFT information is not within the System of Award Management, FAR 52.232-34 requires mandatory submission of Contractor’s EFT information directly to the office designated in this contract to receive that information (hereafter: “designated office”);

see below. The contractor shall submit the EFT information within the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the Contracting Officer or the CDC Office of Financial Resources at 678-475-4510.

(c) In cases where the contractor has previously provided such information, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.

(d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:

The Centers for Disease Control and Prevention Office of Financial Resources

(OFR)

P.O. Box 15580 Atlanta, GA 30333 Or – Fax copy to: 404-638-5342

(End of clause)

Section H – Special Contract Requirements Not applicable.

Section I – Contract Clauses

I.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/

FAR SOURCE TITLE AND DATE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) 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 Maintenance (AUG 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2022) 52.219-28 Post-Award Small Business Program Rerepresentation (Feb 2024) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar

2023) 52.227-14 Rights in Data-General (May 2014)

HHSAR

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (DEC 2015)

I.2 FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any HHSAR (48 CFR Chapter 3) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I.3 FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)).

However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

I.4 FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices.

An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

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

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

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

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

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

and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

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

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(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 shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, 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.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract,…