75D30126Q79273 DataPhysics Solicitation Amendment 0001.pdf

Solicitation 75D30126Q79273

Subject: Dynamic Contact Angle Measuring Device Tensiometer (DCAT 25)

Solicitation Number: 75D30126Q79273

ISSUANCE DATE: September 23, 2026

Response DUE Date/time: NLT 3:00PM ET September 25, 2026

Section A – Description

ADDENDUM TO FAR RFO 52.212-1, INSTRUCTIONS TO OFFERORS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

The provision at FAR RFO 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services, applies to this acquisition and is supplemented as follows:

A.1 Submission of Quote

The Government intends to award a Firm-Fixed-Price (FFP) purchase order to DataPhysics Instruments USA Corp pursuant to FAR 6.103-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as only one responsible source is reasonably available to satisfy the Government's requirements.

The Offeror shall submit a signed quotation containing, at a minimum:

1. Firm-Fixed-Price for all Contract Line Item Numbers (CLINs);

2. Acknowledgement of all solicitation amendments, if applicable;

3. Completed representations and certifications, if not current in the System for Award Management (SAM);

4. Any information necessary to demonstrate compliance with the solicitation requirements.

A.2 Basis for Award

The Government intends to award a Firm-Fixed-Price purchase order to DataPhysics Instruments USA Corp based on the determination that only one responsible source is reasonably available to satisfy the Government's requirements pursuant to FAR 6.103-1.

This solicitation is issued on a sole-source basis. However, all timely responses received from responsible sources will be evaluated to determine whether another source is capable of satisfying the Government's requirements.

A.3 System for Award Management (SAM)

The successful offeror shall be registered in the System for Award Management (SAM) at the time of award and shall maintain an active registration throughout contract performance.

RESPONSE INSTRUCTIONS

Questions regarding this solicitation shall be submitted in writing no later than 12:00 p.m.

Eastern Time on 24 September 2026.

The subject line of all questions, capability statements, and quotations shall reference Solicitation No. 75D30126Q79273.

POINT OF CONTACT

All correspondence concerning this solicitation, including questions, capability statements, and quotations, shall be submitted in writing to:

Latoya Michel Contracting Officer Email: zrb5@cdc.gov

Telephone inquiries will not be accepted.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM SUPPLIES / SERVICES QTY /

UNIT

UNIT

PRICE

EXTENDED

PRICE

0001 Dynamic Contact Angle Measuring Device Tensiometer (DCAT 25) Package.

Includes installation, system verification and training in accordance with the Statement of Work (SOW).

Firm Fixed Priced (FFP).

Delivery is 120 days after receipt of order (ARO).

1 Each $XX $XX

B.1 Delivery Instructions:

Delivery is 120 days after receipt of order (ARO).

Delivery, onsite installation support, operational verification, and operator training shall be performed at:

NIOSH Pittsburgh Mining Research Division

151. 626 Cochran Mill Rd, Bldg. 151 Pittsburgh, PA 15236

Contracting Officer’s Representative (COR) and Delivery Point of Contact:

Mr. Hua Jiang

Technical Point of Contact / Requisitioner

Phone: 412-386-6482, Email: qla6@cdc.gov

Section C - Description/Specification/Work Statement

Statement of Work

Title: Dynamic Contact Angle Measuring Device Tensiometer (DCAT 25)

SECTION 1 – BACKGROUND

This instrument will be used in laboratory research to support evaluation of surface tension, interfacial tension, contact angle, adhesion, and related surface and material properties relevant to occupational health and safety studies. The DataPhysics DCAT 25 tensiometer will provide precise, force-based measurement capability for studies involving liquids, dust suppressants, spray formulations, and other materials where surface and interfacial behavior can affect control performance, material interactions, and exposure mitigation strategies. The system also supports controlled environmental testing and can be expanded for additional measurement applications, making it suitable for a broad range of current and future research needs.

This acquisition is being pursued because accurate and reproducible measurement of surface and interfacial properties is essential to producing reliable and comparable data in controlled laboratory studies. The DataPhysics DCAT 25 provides high-precision measurement capability, internal and external calibration options, automated software-assisted operation, and features that reduce operator error and instrument downtime. Its broad software and accessory options will allow researchers to conduct multiple types of measurements on one platform and improve the efficiency, consistency, and quality of experimental work. Together, these capabilities will strengthen the program’s ability to evaluate the performance of dust suppressants, spray controls, and other materials used in worker health and exposure prevention research.

This work falls within NIOSH’s mission to conduct research and make recommendations for the prevention of work-related injury and illness and supports ongoing efforts to reduce hazardous exposures and improve worker protection. The requested instrument is directly related to current and future research needs involving material characterization, control technology evaluation, and laboratory studies that inform prevention strategies relevant to occupational respiratory health and safety.

SECTION 2 – PURPOSE/OBJECTIVE

The purpose of this acquisition is to procure one (1) high-precision Multifunctional Force Tensiometer system (DataPhysics DCAT 25 or equivalent meeting all mandatory salient characteristics), including integrated operational and analytical software modules, peripheral measurement apparatus, automated liquid dosing modules, and on-site technical start-up and user introduction services to satisfy the Government's research and operational requirements.

SECTION 3 – SCOPE OF WORK

The contractor shall provide, package, transport, deliver, and perform on-site start-up, operational verification, and technical introduction for one (1) complete multifunctional force tensiometer system conforming to all minimum technical and salient performance requirements of the Government at the NIOSH Pittsburgh Mining Research Division facility.

SECTION 4 – TECHNICAL REQUIREMENTS & EQUIPMENT SPECIFICATIONS

The contractor shall provide a complete, integrated system meeting or exceeding the following minimum Government salient characteristics and technical specifications:

1. Base Tensiometer Platform & Metrology:

a. Balance & Precision: High-precision electrodynamic compensation microbalance capable of resolving minute mass and force changes across a standard analytical weighing range suitable for surface and interfacial tension analysis.

b. Motorized Sample Stage: Software-controlled, motorized sample stage offering smooth, variable-speed vertical movement with high positional accuracy for precise surface detection and immersion profiles.

c. Acquisition & Protection: High-frequency data acquisition for sensitive dynamic measurements; automated balance locking to protect the weighing cell during transport/handling; and automatic probe crash/bottom-contact protection to avoid probe bending or vessel breakage.

d. Calibration & Operating Environment: Built-in dual calibration capabilities (supporting both automated routine internal checks and certified external mass standards); illuminated measuring chamber with ports for inert gas purging;

integrated magnetic stirring capability; and digital interface connectivity.

e. Temperature Control: Liquid-jacketed thermal vessel assembly compatible with standard laboratory circulating baths for temperature-regulated testing, including an integrated immersion temperature sensor.

2. Probes, Labware & Testing Attachments:

a. Standard geometry Du Noüy ring and Platinum-Iridium Wilhelmy plate conforming to established international testing standards.

b. Set of reusable laboratory-grade borosilicate glass sample vessels.

c. Solid plate sample holder for planar wetting assessments, single-fiber/bundle wetting holder with corresponding filters, and powder sorption measurement kit (including sample tubes and suspension fixtures for modified Washburn determinations).

3. Automated Liquid Dosing & Titration:

a. Motorized micro-dispensing unit capable of controlling multiple electronic syringe channels simultaneously for additive and subtractive concentration adjustments.

b. Automated refill and rinse system with motorized switching valves for unattended multi-step surfactant titration and cleaning cycles.

4. Analytical Software Suite:

a. Operating software compatible with standard 64-bit laboratory operating systems (Windows 10/11 Pro).

b. Force-based calculation and data collection for static and dynamic surface/interfacial tension (using standard plate and ring correction methods).

c. Dynamic contact angle and surface free energy analysis on solids, fibers, and powders using established thermodynamic models.

d. Automated determination of Critical Micelle Concentration (CMC) in both forward (dilution) and reverse dosing modes, including calculation of surface excess and adsorption energy.

e. Programmable sequencing capability allowing customized automation of commands, liquid additions, measurement intervals, and report generation.

5. On-Site Installation & Training:

a. Complete on-site unpacking, mechanical and electrical setup, calibration verification, and introductory operator training conducted by a qualified technical specialist.

SECTION 5 – PLACE OF PERFORMANCE

Installation support and operational verification shall be performed onsite at:

NIOSH Pittsburgh Mining Research Division

151. 626 Cochran Mill Rd, Bldg. 151 Pittsburgh, PA 15236

Contracting Officer’s Representative (COR) and Delivery Point of Contact:

Mr. Hua Jiang

Technical Point of Contact / Requisitioner

Phone: 412-386-6482, Email: qla6@cdc.gov

SECTION 6 – TRAVEL

Travel required to perform onsite installation and system verification.

All onsite travel shall be coordinated with the Government Contracting Officer's Representative (COR) prior to performance.

SECTION 7 – DELIVERABLES

The contractor shall deliver the complete tensiometer system, automated dual-syringe liquid dosing unit, analytical software modules, on-site installation, and operator training session.

SECTION 8 – ADDITIONAL REQUIREMENTS

Information Security and Privacy

Section V.3, Other IT Procurements: Information Technology Application Design, Development, or Support

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, the Open Web Application Security Project (OWASP), System Admin, Audit, Network and Security (SANS), HHS Policy for Software Development Secure Coding

Practices, and CDC Secure Software Development Standard that will limit system software vulnerability exploits.

d. The Contractor (and/or any subcontractor) must ensure that computer software developed on behalf of CDC 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 must test applicable products and versions with all relevant and current updates and patches updated prior to installing in the CDC environment. No sensitive data must 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 CDC must 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.

SECTION G - CONTRACT ADMINISTRATION DATA

352.232-71 Electronic Submission of Payment Requests (APR 2026) (RFO DEVIATION)

(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 in FAR 32.905(b) and the applicable payment clause included in this contract.

(b) Submission instructions. Except as provided in paragraph (c) of this clause, the Contractor must 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) Alternate submission procedures. The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

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

(End of clause)

CDCG.02 Contracting Officer’s Representative (COR) (Jul 2017)

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

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

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

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

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

CDCG.07 Payment by Electronic Funds Transfer (Jan 2026)

(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, 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, Payment by Electronic Funds Transfer-Other than System for Award Management, 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 from the CDC Office of Financial Resources at 678-475-4500 or cpbapinv@cdc.gov.

mailto:cpbapinv@cdc.gov

(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 or sent via facsimile after award, but no later than 15 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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

352.239-73 Electronic Information and Technology Accessibility Notice (DEC 2015).

SECTION 508 COMPLIANCE

Electronic and Information Technology Accessibility Notice

(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any Contractor responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/standards.htm.

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

205 WCAG 2.0 Level A & AA Success Criteria 302 Functional Performance Criteria 502 Inoperability with Assistive Technology 504 Authoring Tools 602 Support Documentation 603 Support Services http://www.hhs.gov/web/508 http://www.access-board.gov/sec508/standards.htm

In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, Contractors 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 Contractors 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.

(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If an Contractor claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(e) Electronic content must be accessible to HHS acceptance criteria. Checklist for various formats is available at http://508.hhs.gov/, or from the Section 508 Coordinator listed at https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html.

Materials that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Representative.

Part A – Provision

Reference HHSAR 352.239-78 Electronic Information and Communication Technology Accessibility Notice.

(Deviation)

(a) Any offeror responding to this solicitation must comply with established HHS Information and Communication Technology (ICT) accessibility standards. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-79 Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies, products, platforms, information, and documentation meet applicable Section 508 accessibility standards, offerors must submit an appropriate HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), in accordance with the completion instructions. The purpose of the checklists and conformance reports are to assist HHS acquisition and program officials in determining whether proposed ICT supplies, products, platforms, information, and documentation conform to applicable Section 508 accessibility standards. Checklists and ACRs evaluate—in detail—whether the ICT conforms to specific http://hhs.gov/web/508 http://508.hhs.gov/ https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html https://www.hhs.gov/web/section-508/index.html https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat

Section 508 accessibility standards and identifies remediation efforts needed to address conformance issues.

(c) If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies, products, platforms, information, documentation, or services support delivered do not conform to the described accessibility standards, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(d) In order to facilitate the Government's determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit an Accessibility Conformance Report, in accordance with its completion instructions and tailored to the requirements in the solicitation. The purpose of the Report is to assist HHS acquisition and program officials in determining whether proposed ICT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document, in detail, whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the Template are available at https://www.section508.gov/.

(e) Additionally, offerors must provide enough information to assist the Government in determining that the ICT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(f) Respondents to this solicitation must identify any inability to conform to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(g) Items delivered as electronic content must be accessible to HHS acceptance criteria.

Checklist for various formats are available at http://508.hhs.gov/. Materials, other than items incidental to contract management, that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Contracting Officer’s Representative.

Part B - Clause

HHSAR 352.239-79 Electronic, Information, and Communication Technology Accessibility.

(Deviation)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all information and communication technology (ICT) supplies, products, platforms, information, documentation, and services, or support developed, https://www.section508.gov/ acquired, maintained or delivered under this contract or order must comply with the Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and C, and are available at https://www.access-board.gov/ict/. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.

(b) Additional Section 508 accessibility standards applicable to this contract or order are identified as follows:

205 WCAG 2.0 Level A & AA Success Criteria 302 Functional Performance Criteria 502 Inoperability with Assistive Technology 503 Applications 504 Authoring Tools 602 Support Documentation 603 Support Services

If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) In the event of a modification(s) to this contract or order, which adds new ICT supplies or services or revises the type of, or specifications for, supplies, products, platforms, information, documentation, or services support, the Contracting Officer shall require that the Contractor submit a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(d) If this is an Indefinite-Delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies, products, platforms, information, documentation, or services support will define the specifications and accessibility standards for the order. In those cases, the Contractor shall be required to provide a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an ACR (based on the VPAT see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies, products, platforms, information, documentation, or services support conform to Section 508 accessibility https://www.access-board.gov/ict/ https://www.hhs.gov/web/section-508/index.html https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) The contractor shall identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements for review by the agency Section 508 Program.

CDCH.10 Artificial Intelligence Compliance and Risk Management Plan (May 2026)

The use of Artificial Intelligence (AI), including GenAI, is prohibited without an approved AI Compliance and Risk Management Plan. The contractor is responsible for updating the AI Compliance and Risk Management Plan throughout the life of the contract as changes occur. If a change to AI use, AI functionality, AI model, or deployment configuration is anticipated, the contractor must notify the contracting officer and Contracting Officer’s Representative (COR) immediately and provide a revised plan. The government will issue approval or disapproval before AI can be incorporated. The offeror must identify whether the planned or potential AI use may involve a high-impact AI use case (as defined in defined in Appendix A of OMB-M-25-21) and must provide sufficient descriptive information for the Government to complete any required AI impact or high-impact assessment.

The AI Compliance and Risk Management Plan must:

1. Identify the specific tasks or functions where AI will be used.

2. Explain how logs, audits, or other forms of AI generated data will be stored, used, retained, or deleted.

3. State whether the AI technologies are open-source, proprietary, or any other type.

4. Include applicable model cards or system documentation describing the AI technologies used.

5. Describe how bias in AI models and outputs will be identified, monitored, and mitigated, including the origin, quality, and weighting of data.

6. Explain the AI safeguards in place, including compliance and risk management practices, protections against unauthorized data access, and steps taken to manage bias and reduce risk in alignment with applicable AI policies and directives.

7. Describe internal policies governing AI use, including transparency, accountability, data integrity, accuracy, protection of sensitive or proprietary information, foreseeable risks, and potential social impacts.

8. Explain how the contractor will assess and prevent unfair or disparate impacts, address privacy, civil rights, and civil liberties concerns, and prevent misuse, unauthorized use, or corruption of AI systems.

9. Confirm that the AI solution will not make or support decisions based on unlawful discrimination in violation of federal civil rights laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).

10. Describe how applicable technological or voluntary consensus standards will be incorporated to reduce acquisition and operational risk

11. The plan must describe how Government data, outputs, prompts, logs, and outputs be accessed, used, protected, retained, deleted, and transferred, and identify any proposed limitations on Government rights, access, or reuse.

12. The AI Compliance and Risk Management Plan will be reviewed by the Government and an approval or disapproval issued.

CDCH.14 Records Management Obligations (Jun 2020) A. Applicability The following applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Centers for Disease Control and Prevention (CDC) records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their CDC contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. CDC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of CDC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to the Contracting Officer and the Contracting Officer’s Representative. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected.

The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to CDC control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract.

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and CDC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with CDC policy.

8. The Contractor shall not create or maintain any records containing any non-public CDC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take CDC-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the entire substance of the terms and conditions herein, including this paragraph, in all subcontracts under this contract, and must require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth herein will be attributed to the Contractor.

SECTION I - CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 2024)

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):

Federal Acquisition Regulation Overhaul (RFO) - https://www.acquisition.gov/far-overhaul

FAR SOURCE TITLE AND DATE

52.204-13 System for Award Management Maintenance (DEVIATION April 20, 2026 )

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (DEVIATION DATE April 20, 2026).

TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION

DATE)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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 https://www.acquisition.gov/far-overhaul 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the…