A19. 75D30124Q78071 Amendment 00001.pdf

75D30124Q78071

COMBINED SYNOPSIS/SOLICITATION FOR COLD UNITS FOR THE BDB DRT LABORATORY

Solicitation Number: 75D301-24-Q-78071

PART 1 – INTRODUCTION

The Centers of Disease Control and Prevention (CDC), Division of Diabetes Translation (DDT), Surveillance

Epidemiology Economic, and Statistic Branch (SEESB)

1. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. The solicitation number is 75D30124Q78071. This solicitation is issued as a Request for Quotation

(RFQ), using the Simplified Acquisition Procedures of FAR Part 13 and FAR Part 12.

3. The associated North American Industry Classification System (NAICS) Code is 541990 –

All Other Professional, Scientific, and Technical Services

PART 2 – PRICING

1. The unit prices in the price schedule (NOTE: failure to quote on all items will render the quote non-compliant and the quote may not be considered. Prices in the quote shall be completed using the

Contract Line-Item Number (CLIN) (bid) schedule in the RFQ. Offerors shall submit all unit prices to the whole penny; any fractions will be rounded to the next higher whole penny per unit for evaluation and award purposes.

The Government respectfully requests any additional discount that would be offered to an offeror’s most favorable customer.

PART 2(a) Line Items

CLIN SUPPLIES / SERVICES QTY / UNIT UNIT

PRICE

EXTENDED

PRICE

0001 Precision Screening for ORKiD

In accordance with the Statement of

Work

Period of Performance: 09/10/2024 – 09/09/2025

Firm Fixed Price

Non-Severable Line Item

1 Job $ $

THE GOVERNMENT HAS THE RIGHT TO AWARD ALL, A PORTION OF, OR NONE OF

THE OVERALL REQUIREMENTS ON THE BASIS OF THE AVAILABLITY OF FUNDS.

PART 3 – REQUIREMENTS

CDC has a requirement for Precision Screening for Obesity-Related Kidney Disease in Youth (ORKiD study) in the Surveillance Epidemiology Economic, and Statistic Branch (SEESB).

PART 4 – PROVISIONS AND CLAUSES

The following Federal Acquisition Regulation (FAR) and Health and Human Services Acquisition

Regulations (HHSAR) clauses apply to this acquisition. FAR clauses and provisions can be obtained at https://www.acquisition.gov.

(i) The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, applies to this acquisition.

(ii) The evaluation procedures to be used in this procurement can be found in Part 5 of this solicitation.

(iii) Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services, with its offer.

(iv) As found in the clauses incorporated by reference below, 52.212-4, Contract Terms and

Conditions – Commercial Products and Commercial Services, applies to this acquisition.

https://www.acquisition.gov/

PART 5. INSTRUCTIONS TO THE OFFEROR

Addendum to FAR 52.212-1: Instructions to Offerors – Commercial Products and Commercial Services

Quote Format

(a) Your quote for this acquisition must be prepared in two parts: a) Technical (Volume I) and b) Business

(Volume II). Each part shall be separate and complete in itself so that evaluation of one may be accomplished independently of evaluation of the other.

(b) The technical quote should be in as much detail as you would consider necessary to reflect a clear understanding of the nature of the work being undertaken. The technical volume shall not contain reference to cost. However, resource information, such as data concerning labor hours and categories, material, subcontracts, etc., must be contained the technical volume so that your understanding of the SOW can be evaluated. The technical volume must disclose your technical approach in sufficient detail to provide a clear and concise presentation that addresses, but is not limited to, the requirements of the technical volume instructions.

(c) The quote must be signed by an official authorized to bind your organization

(d) The Offeror must include a cover letter with the following information:

1. The name, title, phone number, e-mail address, and signature of the authorized representative

2. The name, title, phone number, e-mail address of the person to be contacted concerning any matter related to the solicitation (if different from above)

3. UEI

4. Company name and mailing address

5. Date quote submitted and quote expiration date

(e) Questions shall be received by the Contracting Officer no later than 10:00 a.m. Eastern Time on 6 August

2024, to allow written response. Questions regarding this solicitation must be submitted via email to Sherrie

Constantine at umk8@cdc.gov

(f). Quotation submissions shall be submitted electronically via e-mail to the Contracting Officer at umk8@cdc.gov by 10:00 AM ET on 28 August 2024.

Technical Volume Instructions

(a) These instructions establish the acceptable minimum requirements for the format and content of quotes. The technical quote shall be submitted in a Microsoft Office format and not exceed the page, limitations of 20 pages.

Cover pages, table of contents and resumes, CVs, Accessibility Conformance Report (ACR) or other 508

Assesment do NOT count towards the page limitation. A page is defined as an 8 1/2 inch by 11-inch sheet of paper with one-inch margins on all four sides. Text shall be Times New Roman, 12-point font and single space between lines. Text pages should use portrait orientation. Page formatting can alter for illustrations and tables must be easily readable. Contractors may use no less than 8-point font on graphs and 10-point font on tables)

(Arial font acceptable for graphics and tables). Header/footer information (which does not include any information to be evaluated) may be included in the 1” margin space. Fold outs are discouraged, however if included they will be counted towards the appropriate number of pages based upon an 8 ½ inch by 11-inch sheet of paper. The contractor shall number each page in order to eliminate any confusion. In the event that the offeror creates an ambiguity in the numbering of pages, the Government will exercise its own discretion in the counting of pages. Pages in excess of the above limitation will not be evaluated.

The technical quote must NOT contain reference to cost; however, resource information, such as data concerning labor hours and categories, material, subcontracts, etc., must be contained in the technical quote so that your understanding of the statement of work can be evaluated. Failure to include a table showing all labor categories and respective number of hours for each category may result in the quote being deemed non-responsive. The technical quote must disclose your approach in sufficient detail to provide a clear and concise presentation that addresses, but is not limited to, the requirements of the technical quote instructions.

(b) The technical approach (Volume I) shall specifically address the following:

(b)(1)The Offeror’s proposed technical approach shall provide a discussion of their technical approach to fulfill the services required for this acquisition, and provide information reflecting 1) experience of assigned staff, including a detailed resume, biography, or curriculum vitae (CV) of each key personnel; 2) organizational capacity that is suitable to complete the required task described in the acquisition; and 3) similar experience in complexity and size to the anticipated services. In addition, please provide at least three (3) contracts from within the last three (3) years and include reference contact information for similar experience or past performance.

Business Volume Instructions

(a) The business quote must be prepared on 8.5 x 11’’ pages, using 12-point font, and 1’’ margins. The business quote is not restricted to a page limitation. However, Offeror is advised that any documentation that is not attributable to the information requested above for inclusion in the business quote, or any documentation that appears to be an overflow of the technical volume, shall not be evaluated.

(b) The business volume must include, at a minimum, the following sections:

1. Business quote cover sheet and table of contents

a. The cover sheet of your business quotation must contain the following information (as applicable):

i. Solicitation and/or amendment number; volume number

ii. Name and address of Offeror

iii. Number of pages of business quotation

2. Reserved

3. Completed Part 2(a) Line Items (page 2 of the solicitation)

4. Completed representations and certifications if not available on SAM.gov

(c)All of the above must be executed by an official authorized to bind the Offeror.

(d) Offeror shall provide the following price information to assist the Government in determining the price to be fair and reasonable:

1. Direct Labor: Offeror is required to provide a basis for its proposed costs.

2. Fringe Benefits: show fringe benefits if not included in direct labor, as a separate cost category. Include the rate(s) and the method of calculating fringe benefits.

3. Other Direct Costs: provide a breakdown of all other costs not otherwise included in the categories listed above (e.g. computer services, photocopying costs) and provide the basis for these proposed costs.

4. Indirect Costs: Indicated how you have computed and applied your indirect costs. Provide the rates used, along with an appropriate explanation. If applicable, provide a copy of your current approved indirect cost rate agreement.

5. Facilities Capital Cost of Money: if you elect to claim facilities capital cost of money as an allowable cost, you must submit Form CASB-CMF and show the calculation of the proposed amount.

6. If subcontractors are proposed, information to support their pricing should be provided. The Offeror shall identify any hours that will be performed by subcontractors, as well as the labor categories and labor rates.

7. Provide a consolidated priced summary of individual material quantities anticipated to be needed in the performance of the order and the basis for pricing (i.e. vendor quotes, invoices, etc.)

8. Any other cost information or previous contracts to assist the Government in determining the proposed price to be fair and reasonable.

(d) Other administrative data

1. The Offeror’s quote must stipulate that it is predicated upon all the terms and conditions of the RFQ.

In addition, it must contain a statement that it is firm for a period of at least 60 days from the date of receipt by the Government.

2. The Offeror’s quote must list any current commitments with the Government related to the work outlined in this RFQ and indicated whether these commitments will interfere with the completion of work outlined in the quote.

3. The Offeror’s quote must identify any former HHS employee to be utilized on this project by providing the individual’s name, dates of employment by HHS, where employed, and the capacity in which that person was employed

4. The Offeror’s must include a description and estimated cost of additional equipment, if any beyond

Government-furnished equipment outlined in the RFQ, and state whether you propose to furnish the item(s) with your own funds.

Addendum to FAR 52.212-2: Evaluation – Commercial Products and Commercial Services

This purchase order will be awarded to the contractor whose quote is considered to be the most advantageous to the Government, technical factors, price and other criteria identified below considered. Technical factors will be more important in the evaluation than price. However, the Government will not make an award at a significantly higher overall cost to the Government to achieve only slightly superior technical performance. When/if Volume 1

– Technical merit portion of quote are considered technically equal, price will then become the significant factor.

The Government may perform a comparative analysis (comparing contract holders’ responses to one another).

This method supports the selection of the contractor that is best suited to fulfill the requirements, based on their responses to the factors outlined in this request. The Government anticipates selecting the best suited contractor from initial responses, without engaging in exchanges. Contractors are strongly encouraged to submit their best solutions and prices in response to this request.

Evaluation of Quotations

Offerors shall submit a quotation that is divided into two (2) separate and distinct volumes as listed below:

Factor 1 Technical

Factor 2 Price

The quote must demonstrate to the Government’s satisfaction that the Offeror will provide a quality service that will ensure the successful accomplishment of the solicitation requirements and overall program objectives.

1. FACTOR 1: Technical. The technical evaluation is will be based on an Acceptable/Unacceptable rating as defined in the table below:

Technical Evaluation Ratings

Rating Description

Acceptable Proposal clearly meets minimum requirements of the solicitation

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

Technical Approach: Offerors are to provide a discussion of their technical approach for providing the services required for this Order. This shall include the understanding of how this mechanism is anticipated to function;

turn-around time for quote related to individual orders; process for identifying the labor categories they propose to fulfill the individual order’s requirements and their invoicing processes (monthly, bi-weekly, etc.); employee turnover rate during performance of the work. This criterion will assess whether Offeror has provided:

a) A detailed and comprehensive understanding of the scope and purpose of the project, including the intent and requirements of the contract.

b) A proposed technical approach that complies with each of the requirements and tasks specified in the

Statement of Work and is consistent with the stated goals and objectives.

c) Plans and solutions for mitigating and overcoming difficulties, should they arise, involved with performing the work requirements.

d) A plan for how each task will be evaluated for full performance and acceptability of work by the

Offeror.

This criterion will be evaluated according to the soundness, practicality, and feasibility of the Offeror’s proposed technical approach as it relates to the SOW tasks.

FACTOR 2 - PRICE

Evaluation of the Business/Price Quotation

The business/price quote will be evaluated as acceptable or unacceptable.

A cost/price analysis of the business/price quote will be conducted to determine the reasonableness of the

Offeror’s business/price quote provided in Volume II. Offeror will be evaluated based upon cost/price completeness and accuracy to determine price reasonableness. Reasonableness determinations will be made by utilizing any of the methods contained in FAR 13.106-3(a)(2).

Offeror's cost/price quote will be evaluated to determine whether it is complete, reasonable, and whether it contains balanced pricing. A price realism analysis of the quote may be conducted for such purposes as determining an Offeror’s understanding of the solicitation’s requirements or assessing risk associated with an

Offeror’s quote, but the Government is not required to do so.

Exchanges: The government intends to award a purchase order without exchanges with respective vendors/offerors. However, Government reserves the right to conduct exchanges if deemed in its best interest.

10. Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations and

Certifications -- Commercial Items (May 2024, with their quote, or the offeror shall complete paragraph (b) of

FAR 52.212-3, if the offeror has completed the annual representations and certifications electronically at https://www.sam.gov/SAM/

11. Vendors must be actively registered in the System for Award Management (SAM) to be eligible for award.

12. If a purchase order is awarded to your firm, it will be prepared in accordance with the following provisions and clauses of the Federal Acquisition Regulation and standard procedures contained therein will apply:

SIMPLIFIED ACQUISITION TERMS AND CONDITIONS

FAR SOURCE TITLE AND DATE

52.204-7 System for award Management (Oct 2018)

52.204-13 System for Award and 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)

52.212-4 Contract Terms and Conditions- Commercial Items (Nov 2023)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

HHSAR SOURCE TITLE AND DATE

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations

(Dec 2015)

FAR 52.252-2 – Clauses Incorporated By Reference. (Feb 1998)

This contract incorporated 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 my be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of Clause)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications

Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-

3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

(b) Prohibition.

http://www.acquisition.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded

"will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

https://www.sam.gov/

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer

(OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded

"does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and

"reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it

□ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures. (Dec

2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain

Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management

(SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal

Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by https://www.sam.gov/ https://www.acquisition.gov/far/part-52#unique_70991182 https://www.acquisition.gov/far/part-52#unique_70991182 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#unique_70991182 https://www.acquisition.gov/far/part-4#FAR_4_2303 an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver.

For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the

Offeror shall provide the following information as part of the offer:

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

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

(3) 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 Offeror;

(4) Brand;

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

(6) Item description;

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

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

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.

https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002

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— https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.govinfo.gov/link/uscode/50/3003 https://www.govinfo.gov/link/uscode/44/3552

(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:

https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2304

(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.

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.

(End of clause)

52.212-5 – Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services (May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L.

115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(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).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct

(NOV 2021) ( 41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-

Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (

Pub. L. 115–390, title II).

(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(DEC 2023) ( Pub. L. 115–390, title II).

(ii) Alternate I (DEC 2023) of 52.204-30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

(13) 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

(14) [Reserved].

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT

2022) ( 15 U.S.C. 657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15

U.S.C. 657a).

(17) [Reserved]

(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

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

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

(ii) Alternate I (MAR 2020) of 52.219-7.

(20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and

(3)).

(21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (SEP 2023) of 52.219-9.

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

(ii) Alternate I (MAR 2020) of 52.219-13.

(23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

(24) 52.219-16, Liquidated Damages—Subcontracting Plan

(SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-

Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024)

( 15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB

2024) ( 15 U.S.C. 632(a)(2)).

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

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022)

( 15 U.S.C. 637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves

(MAR 2020) ( 15 U.S.C. 644(r)).

(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

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

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

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

(ii) Alternate I (JUL 2014) of 52.222-36.

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

(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

(40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

(44) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

(45)…