SECTION_I.pdf

RFP: 75FCMC19R0003

Pg. 92 of 149

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following Internet address: http://www.arnet.gov/far/.

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(OCT 2015)

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

http://oig.hhs.gov/fraud/report-fraud/index.asp

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

52.204-4 PRINTED/COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY

2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (AUG 2012)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE.

(OCT 2016)

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR

INDEFINITE-DELIVERY CONTRACTS (OCT 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB AND OTHER COVERED ENTITIES (JUL 2018)

http://www.arnet.gov/far/fac.html http://oig.hhs.gov/fraud/report-fraud/index.asp

Pg. 93 of 149

52.207-3 RIGHT OF FIRST REFUSAL OF EMPLOYMENT (MAY 2006)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR

2010)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

52.210-1 MARKET RESEARCH (APR 2011)

52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT

1997)

52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA

(AUG 2011)

52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-

MODIFICATIONS (AUG 2011)

52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 2010)

52.215-13 SUBCONTRACTOR COST OR PRICING DATA – MODIFICATIONS

(OCT 2010)

52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR

POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS

(JUL 2005)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA (OCT

2010) ALT IV (OCT 2010)

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA --

MODIFICATIONS (OCT 2010) - ALTERNATE III (OCT 2010)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (AUG 2018) –

ALTERNATE II (NOV 2016)

52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (JAN 1999)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JUL 2013)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS —

OVERTIME COMPENSATION (MAY 2018)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

Pg. 94 of 149

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL

2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT

LABOR STANDARDS—PRICE ADJUSTMENT (MAY 2014)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (AUG 2011)

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.224-3 PRIVACY TRAINING (JAN 2017)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-

OWNED ECONOMIC ENTERPRISES (JUN 2000)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT (DEC 2007)

52.227-11 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR (MAY

2014)

52.227-14 RIGHTS IN DATA – GENERAL (MAY 2014)

52.227-17 RIGHTS IN DATA - SPECIAL WORKS (DEC 2007)

52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

52.230-2 COST ACCOUNTING STANDARDS (OCT 2015)

52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING

PRACTICES (OCT 2015)

52.230-5 COST ACCOUNTING STANDARDS—EDUCATIONAL

INSTITUTION (AUG 2016)

52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN

2010)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR

AWARD MANAGEMENT (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

Pg. 95 of 149

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT

2004)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN

2017)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

52.244-2 SUBCONTRACTS (OCT 2010)

52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2018)

52.245-1 GOVERNMENT PROPERTY (APR 2012)

52.246-25 LIMITATION OF LIABILITY - SERVICES (FEB 1997)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

THE FOLLOWING CLAUSES ARE APPLICABLE TO THE COST TYPE

ORDERS ONLY:

52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010) ALTERNATE

II (OCT 1997)

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

52.216-8 FIXED FEE (JUN 2011)

52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JULY 1990)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT (DEC 2007)

52.227-16 ADDITIONAL DATA REQUIREMENTS (JUN 1987)

52.232-20 LIMITATION OF COST (APR 1984)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-25 PROMPT PAYMENT (FEB 2002) ALTERNATE I (FEB 2002)

52.233-3 PROTEST AFTER AWARD (JUN 1985) ALTERNATE I (DEC 1991)

52.242-3 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)

52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

52.243-2 CHANGES - COST-REIMBURSEMENT (AUG 1987) - ALTERNATE I

(APR 1984)

52.244-2 SUBCONTRACTS (OCT 2010) ALTERNATE I (JUNE 2007)

52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.250-1 INDEMNIFICATION UNDER PUBLIC LAW 85-804 (APR 1984)

ALTERNATE I (APR 1984)

Pg. 96 of 149

THE FOLLOWING CLAUSES ARE APPLICABLE TO THE TIME AND

MATERIAL (T&M)/LABOR HOUR ORDERS ONLY:

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT

LABOR STANDARDS—PRICE ADJUSTMENT (MULTIPLE YEAR

AND OPTION CONTRACTS) (AUG 2018)

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR

CONTRACTS (AUG 2012)

52.232-20 LIMITATION OF COST (APR 1984)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-25 PROMPT PAYMENT (FEB 2002) ALTERNATE I (FEB 2002)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.242-3 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)

52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

52.243-3 CHANGES - TIME-AND-MATERIALS OR LABOR-HOURS (SEP

2000)

52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004) --

ALTERNATE IV (SEP 1996)

52.249-14 EXCUSABLE DELAYS (APR 1984)

THE FOLLOWING CLAUSES ARE APPLICABLE TO THE FIRM-FIXED

PRICE ORDERS ONLY:

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT

LABOR STANDARDS—PRICE ADJUSTMENT (MULTIPLE YEAR

AND OPTION CONTRACTS) (AUG 2018)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-3 PATENT INDEMNITY (APR 1984)

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007)

52.228-5 INSURANCE- WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.243-1 CHANGES - FIXED-PRICE (AUG 1987) -- ALTERNATE I (APR 1984)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (APR 2012)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

Pg. 97 of 149

I.2 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATIONS (HHSAR) CLAUSES INCORPORATED BY REFERENCE (JAN

2016)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were provided in full text. Upon request, the Contracting Officer will provide the information in full text. The full text of a clause is also available electronically at http://www.hhs.gov/policies/hhsar/.

352.203-70 ANTI-LOBBYING (DEC 2015)

352.204-70 PREVENTION AND PUBLIC HEALTH FUND-REPORTING

REQUIREMENTS (DEC 2015)

352.208-70 PRINTING AND DUPLICATION (DEC 2015)

352.211-1 PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES

(DEC 2015)

352.211–2 CONFERENCE SPONSORSHIP REQUEST AND CONFERENCE

MATERIALS DISCLAIMER (DEC 2015)

352.211-3 PAPERWORK REDUCTION ACT (DEC 2015)

352.219-71 MENTOR-PROTÉGÉ PROGRAM REPORTING REQUIREMENTS

(JAN 2010)

352.222-70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT

OPPORTUNITY INVESTIGATIONS (DEC 2015)

352.224-70 PRIVACY ACT (DEC 2015)

352.227-70 PUBLICATIONS AND PUBLICITY (DEC 2015)

352.231-70 SALARY RATE LIMITATION (DEC 2015)

352.233-71 LITIGATION AND CLAIMS (DEC 2015)

352.237-71 CRIME CONTROL ACT—REPORTING OF CHILD ABUSE (DEC

2015)

I.3 HHSAR 352.224-71 CONFIDENTIAL INFORMATION (DEC 2015)

(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(b) Specific information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidential may be identified elsewhere in this contract. The Contracting Officer may modify this contract to identify Confidential Information from time to time during performance.

(c) Confidential Information or records shall not be disclosed by the Contractor until:

(1) Written advance notice of at least 45 days shall be provided to the

Contracting Officer of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency.

http://www.hhs.gov/policies/hhsar/

Pg. 98 of 149

(2) For information provided by or on behalf of the government,

(i) The publication or dissemination of the following types of information are restricted under this contract:

Patient Personally Identifiable Information (PII) and Health

Information beyond the scope of Health Insurance Portability and

Accountability Act of 1996 ("HIPAA," 42 U.S.C. § 1320d);

Participant information such as trade secrets, and proprietary and business financial information;

Payer information such as trade secrets, and proprietary and business financial information;

Practitioner information such as trade secrets, and proprietary and business financial information;

Information on policies and models that CMS or HHS have not finalized through rule or publication and shared with the contractor for the purposes of model evaluation, implementation, or design;

and

(ii) The reason(s) for restricting the types of information identified in subparagraph (i) is/are: to protect against patient invasion of personal privacy, to protect trade secrets and confidential commercial or financial information, to protect information that may be subject to change during final clearance, and/or to prevent adverse effects to the marketplace, such as giving an unfair advantage to a firm, population, or other entity.

(iii) Written advance notice of at least 45 days shall be provided to the

Contracting Officer of the Contractor's intent to disseminate or publish information identified in subparagraph (2)(i). The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.

(d) Whenever the Contractor is uncertain with regard to the confidentiality of or a property interest in information under this contract, the Contractor should consult with the Contracting Officer prior to any release, disclosure, dissemination, or publication.

I.4 HHSAR ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY (DECEMBER 18, 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers

Compliance Board Electronic and Information Technology (EIT) Accessibility

Standards” set forth by the Architectural and Transportation Barriers Compliance Board

(also referred to as the “Access Board”) in 36 CFR part 1194. Information about Section

508 is available at http://www.hhs.gov/web/508. The complete text of Section 508 Final

Pg. 99 of 149

Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement.

The contractor must provide any necessary updates to the submitted HHS Product

Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the

Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

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

Electronic Content

Technical Criteria:

(iii) E205.1 General -

Electronic content shall comply with E205.

(iv) E205.2 Public Facing -

Electronic content that is public facing shall conform to the accessibility requirements specified in E205.4.

(v) 602 Support Documentation -

(vi) 603 Support Services -

(vii) 302 Functional Performance Criteria -

ICT Support and Services

Technical Criteria:

E208.1 General -

Where an agency provides support documentation or services for ICT, such documentation and services shall conform to the requirements in Chapter 6.

E601.1 Scope -

The technical requirements in Chapter 6 shall apply to ICT support documentation and services where required by 508 Chapter 2 (Scoping

Requirements), 255 Chapter 2 (Scoping Requirements), and where otherwise referenced in any other chapter of the Revised 508 Standards or Revised 255

Guidelines.

E602.1 General -

Documentation that supports the use of ICT shall conform to 602.

E602.2 Accessibility and Compatibility Features -

Documentation shall list and explain how to use the accessibility and compatibility features required by Chapters 4 and 5. Documentation shall include accessibility features that are built-in and accessibility features that provide compatibility with assistive technology.

E602.3 Electronic Support Documentation -http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

https://app.buyaccessible.gov/ict-accessibility#e205_1_general https://app.buyaccessible.gov/ict-accessibility#e205_2_public_facing https://app.buyaccessible.gov/ict-accessibility#602__603__302 https://app.buyaccessible.gov/ict-accessibility#602__603__302 https://app.buyaccessible.gov/ict-accessibility#602__603__302 https://app.buyaccessible.gov/ict-accessibility#e208_1_general https://app.buyaccessible.gov/ict-accessibility#e208_1_general https://app.buyaccessible.gov/ict-accessibility#e602_1_general https://app.buyaccessible.gov/ict-accessibility#e602_1_general https://app.buyaccessible.gov/ict-accessibility#e602_1_general

Pg. 100 of 149

Documentation in electronic format, including Web-based self-service support, shall conform to Level A and Level AA Success Criteria and Conformance

Requirements in WCAG 2.0 (incorporated by reference, see 702.10.1).

E602.4 Alternate Formats for Non-Electronic Support Documentation -

Where support documentation is only provided in non-electronic formats, alternate formats usable by individuals with disabilities shall be provided upon request.

E602.3 Electronic Support Documentation -

Documentation in electronic format, including Web-based self-service support, shall conform to Level A and Level AA Success Criteria and Conformance

Requirements in WCAG 2.0 (incorporated by reference, see 702.10.1).

E602.4 Alternate Formats for Non-Electronic Support Documentation -

Where support documentation is only provided in non-electronic formats, alternate formats usable by individuals with disabilities shall be provided upon request.

E603.1 General -

ICT support services including, but not limited to, help desks, call centers, training services, and automated self-service technical support, shall conform to

603.

E603.2 Information on Accessibility and Compatibility Features -

ICT support services shall include information on the accessibility and compatibility features required by 602.2.

E603.3 Accommodation of Communication Needs -

Support services shall be provided directly to the user or through a referral to a point of contact. Such ICT support services shall accommodate the communication needs of individuals with disabilities.

Functional Performance Criteria:

301.1 Scope - The requirements of Chapter 3 shall apply to ICT where required by 508 Chapter 2 (Scoping Requirements), 255 Chapter 2 (Scoping

Requirements), and where otherwise referenced in any other chapter of the

Revised 508 Standards or Revised 255 Guidelines.

302.1 Without Vision - Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that does not require user vision.

302.2 With Limited Vision - Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited vision.

302.3 Without Perception of Color - Where a visual mode of operation is provided, ICT shall provide at least one visual mode of operation that does not require user perception of color.

302.4 Without Hearing - Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that does not require user hearing.

302.5 With Limited Hearing - Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited hearing.

https://app.buyaccessible.gov/ict-accessibility#e602_1_general https://app.buyaccessible.gov/ict-accessibility#e602_3__e602_4 https://app.buyaccessible.gov/ict-accessibility#e602_3__e602_4 https://app.buyaccessible.gov/ict-accessibility#e603_1__e603_2__e603_3 https://app.buyaccessible.gov/ict-accessibility#e603_1__e603_2__e603_3 https://app.buyaccessible.gov/ict-accessibility#e603_1__e603_2__e603_3 https://app.buyaccessible.gov/ict-accessibility#e301_1 https://app.buyaccessible.gov/ict-accessibility#e302_1 https://app.buyaccessible.gov/ict-accessibility#e302_1 https://app.buyaccessible.gov/ict-accessibility#e302_1 https://app.buyaccessible.gov/ict-accessibility#e302_1 https://app.buyaccessible.gov/ict-accessibility#e302_1

Pg. 101 of 149

302.6 Without Speech - Where speech is used for input, control, or operation, ICT shall provide at least one mode of operation that does not require user speech.

302.7 With Limited Manipulation - Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that does not require fine motor control or simultaneous manual operations.

302.8 With Limited Reach and Strength - Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that is operable with limited reach and limited strength.

302.9 With Limited Language, Cognitive, and Learning Abilities - ICT shall provide features making its use by individuals with limited cognitive, language, and learning abilities simpler and easier.

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the

Contracting Officer may require that the contractor submit a completed HHS Section 508

Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section

508 Product Assessment Template may be found under Section 508 policy on the HHS website: (http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic

Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508 Product

Assessment Template and any other additional information necessary to assist the

Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section

508 Product Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

I.5 ORDERING FAR 52.216-18 (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of Task Orders by the individuals or activities designated in the Schedule.

Such orders may be issued from the final effective date of the contract.

(b) All orders or Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or Task Order and this contract, the https://app.buyaccessible.gov/ict-accessibility#e302_1 https://app.buyaccessible.gov/ict-accessibility#e302_1 https://app.buyaccessible.gov/ict-accessibility#e302_1 https://app.buyaccessible.gov/ict-accessibility#e302_1 http://www.hhs.gov/web/508 http://www.hhs.gov/web/508

Pg. 102 of 149 contract shall control.

(c) If mailed, an order or Task Order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I.6 ORDERING LIMITATIONS FAR 52.216-19 (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of $20 Million

(2) Any order for a combination of items in excess of $50 Million, or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order

(or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.7 INDEFINITE QUANTITY FAR 52.216-22 (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the

"minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the

Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

Pg. 103 of 149

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 120 months from contract expiration.

I.8 ALTERATIONS IN CONTRACT FAR 52.252-4 (APR 1984)

Portions of this contract are altered as follows: None at this time.

I.9 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the

Contractor within 60 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 6 months.