About this file

This document is a Statement of Work (SOW) for a firm fixed price purchase order issued by the National Cancer Institute (NCI), part of the National Institutes of Health (NIH) under the Department of Health and Human Services (HHS).

The SOW requires the contractor to provide services to identify perspectives from parents, healthcare system leaders, and providers on improving the ease of scheduling appointments for adolescent human papillomavirus (HPV) vaccination. The scope includes collecting data through interviews and focus groups, conducting secondary research, and providing a comprehensive report with findings, implications, and recommendations. The period of performance is 12 months. This is a total small business set-aside with NAICS code 541611 (Administrative Management and General Management Consulting Services). Quotations must be submitted by August 19, 2024, and the Government intends to issue one award as a result of this solicitation.

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QandAs_RFQ 75N91024Q00158.pdf PDF
FAR 52.212-3 (MAY 2024).docx DOCX document
RFQ 75N91024Q00158_SOW and Clauses.pdf PDF
RFQ 75N91024Q00158_Instructions and Provisions.pdf PDF

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STATEMENT OF WORK (SOW)

RFQ No. 75N91024Q00158_00001

1.0 TITLE

Services to Identify Perspectives from Parents, Healthcare System Leaders, and Providers on Improving Ease of Scheduling Appoints for Adolescent HPV Vaccination

2.0 BACKGROUND

The U.S Department of Health and Human Services (HHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Division of Cancer Control and Population Sciences (DCCPS), Healthcare Delivery Research Program (HDRP) requires support to identify priorities and barriers to scheduling adolescent human papillomavirus (HPV) vaccination appointments.

For more than ten years, NCI has been focused on using every available extramural tool to promote the uptake of the HPV vaccine. NCI’s prior work in this area includes funding three rounds of cancer center supplements; publication of a funding opportunity to generate evidence on the role of the healthcare clinic in supporting the provider’s recommendation for the HPV vaccine; numerous investigator-initiated grants; collaborations with CDC and the American Cancer Society on state and health system-based efforts to understand barriers to HPV vaccine uptake; and development of a cancer-researcher focused consortium that meets annually to support the cancer research community in developing evidence needed to facilitate HPV vaccine uptake.

DCCPS has learned that most parents believe in the importance of vaccinations in protecting their adolescents from illness. However, competing priorities and challenging scheduling systems are burdens that slow HPV vaccination. This vaccine often requires repeated doses and healthcare scheduling systems are rarely designed to facilitate scheduling appointments well in advance.

The purpose of this acquisition is to identify perspectives on and features of automated scheduling systems for HPV vaccination appointments. Information collected will be assessed by DCCPS and may be considered when conducting future studies/acquisitions.

3.0 SCOPE

Independently and not as an agent of the Government, the Contractor shall furnish all services necessary to complete the tasks herein. The scope of work for this purchase order includes services to support and enhance DCCPS’ understanding of automated scheduling systems for HPV vaccination appointments. The Contractor shall collect information from U.S. health systems, parents of eligible adolescents, and expert members of advocacy groups to obtain insights on current behaviors, experiences, and tools or processes for scheduling HPV vaccinations. The Contractor shall engage expert members and associated organizations in describing current capabilities and limitations, interest in new processes, and drivers and barriers to adoption and implementation of HPV vaccination uptake.

RFQ No. 75N91024Q00158_00001

4.0 PURCHASE ORDER REQUIREMENTS

4.1 TASKS

The Contractor shall perform the following tasks:

4.1.1 Plan and conduct a virtual kickoff meeting with the DCCPS technical point of contact (TPOC) to confirm the timeline, frequency and method of communication, and discuss the requirements in detail.

4.1.2 The Contractor shall prepare a draft work plan, incorporating discussion from the kickoff meeting, describing approaches to collecting the required data, and submit a copy to the DCCPS TPOC. The plan shall include:

A project timeline;

Weekly milestones;

Descriptions of processes for in-depth interviews and/or focus groups with knowledgeable participants and adolescent health care experts regarding HPV vaccinations, which shall be structured as follows:

In-depth interviews:

- 6-8 representatives of professional organizations with direct links to adolescent vaccine delivery

- 4-6 health system representatives (from at least two different systems) with both clinical and operational roles

- 3-5 representatives from organizations and/or committees focused on adolescent health and immunization

Focus groups:

- 2-3 groups of parents of adolescents eligible for HPV vaccination

- ~6 participants per focus group

Draft interactive presentations and interview guides;

Draft plans for methods to be used, including data collection (participants, sampling, data collection, dates, limitations, analytic testing for quantifiable research); and

Descriptions of available secondary data describing healthcare system workflow.

4.1.3 The Contractor shall support the DCCPS TPOC to finalize the content of methods and data collection approaches to be employed via the work plan.

RFQ No. 75N91024Q00158_00001

4.1.4 The Contractor shall execute the following work plan tasks and document findings:

Conduct an interactive presentation to introduce the project and invite participation from identified adolescent health expert members, individuals, and/or organizational council members.

Prepare data collection instruments, e.g. interview guides, focus group guides, etc.

Conduct semi-structured interviews (individual interviews and/or focus groups) to identify and summarize insights from expert members and associated organizations describing current capabilities and limitations, interest in new processes, and key drivers (e.g., cost savings, efficiency gains) and barriers (e.g., integration challenges, staffing barriers, data security concerns) influencing the adoption of automated scheduling systems for adolescent HPV vaccinations. Quantify the percentage of healthcare systems that have implemented such systems within the last 12 months and analyze adoption rates across different regions or healthcare settings.

Conduct semi-structured interviews to identify and summarize insights from parents on current behaviors, experiences (e.g. time spent by parents), and tools or processes that help or hinder scheduling vaccines; identify primary drivers (e.g. convenience and time savings) and barriers (e.g. unfamiliarity with technology and privacy concerns) influencing their access and use of an automated scheduling system for adolescent vaccinations; and assess interest in alternatives.

Compile insights for preliminary findings report.

4.1.5 The Contractor shall conduct and document secondary research on a minimum of two (2) existing healthcare systems, as follows:

Review existing scheduling processes & systems of healthcare systems;

Review existing literature (academic and trade) on existing evaluations of processes and systems intended to simplify adolescent HPV vaccine scheduling; and

Compile insights for preliminary findings report.

4.1.6 The Contractor shall submit a preliminary findings report to the DCCPS. The report shall summarize information collected from tasks 4.1.4 and 4.1.5.

4.1.7 The Contractor shall provide weekly reporting of completed tasks to the DCCPS

TPOC.

RFQ No. 75N91024Q00158_00001

4.1.8 The Contractor shall prepare a comprehensive report summarizing findings, implications, and recommendations and present via virtual meeting to DCCPS.

The Contractor shall send a copy of the report via email to the DCCPS TPOC in advance of the presentation. The format requirements are as follows:

Easily accessible with key findings highlighted and visuals (e.g. graphs, tables);

Findings highlighted in the title and subtitles, with detailed bullet points in the body;

Microsoft-compatible format such as PowerPoint, or alternatively, Word with graphs; and Structure and approximate slides as follows:

– Agenda or TOC (1 slide)

– Executive Summary of the complete project (3-5 slides)

– Methodology (Participants, Sampling, Data Collection, dates, limitations, analyses to test for quantitative research) (1-2 slides, details in appendix)

– Findings, 15-50 slides

– Implications and Recommendations (1-4 slides)

– Appendix (e.g., participant demographics, quotes, stimuli, etc.)

The report shall address the following:

Quantified percentage of healthcare systems that have implemented such systems within the last 12 months and analyze adoption rates across different regions or healthcare settings.

Describe parents’ interest in using such systems, quantifying the percentage of parents willing to switch to an automated system based on perceived benefits (e.g., ease of use, reduced wait times).

Quantified percentage of providers expressing intent to implement within the next 6 months. Identify potential evaluation criteria such as system reliability (measured by uptime percentage), cost-effectiveness (e.g., reduction in administrative costs), and impact on vaccination rates (e.g.

percentage increase in vaccination coverage).

Tables and/or graphs showing existing Electronic Health Records (EHR) approaches to vaccine scheduling.

Literature review summary of existing evaluations of efforts to ease scheduling.

Approaches to vaccine scheduling and evaluation criteria for those approaches (e.g., feasibility, cost considerations, and access to technology, fit with existing processes and protocols).

RFQ No. 75N91024Q00158_00001

4.1.9 The Contractor shall plan and attend a virtual closeout meeting within five (5) business days after the comprehensive report presentation to address any outstanding questions and/or required edits.

4.2 SECTION 508 ACCESSIBILITY STANDARDS

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities.

Remediation of any materials that do not comply or conform with the applicable Section 508 requirements as set forth below, shall be the responsibility of the Contractor.

Products, platforms, and services delivered as part of this work statement that are ICT, or contain ICT, must conform to the Revised 508 Standards, which are located at 36 C.F.R. §

1194.1 & Apps. A, C & D, and available at Revised 508 Standards and 255 Guidelines (access-board.gov) (https://www.access-board.gov/ict/).

Per Section 508 and as mandated under HHS Policy for Section 508 Compliance and Accessibility of Information and Communications Technology (ICT) (07/2020) all Information and Communication Technology (ICT) products or services, including but not limited to documents or electronic files provided to the NIH/NCI under contract must be conformant with Section 508 standards and accessible to persons with disabilities. Conformance shall be confirmed by use of material provided at HHS OS Factsheets & Reference Guides (Accessibility Technical Resources | HHS.gov) and verified through the use of the Accessibility Conformance Checklists | HHS.gov (based on conformance with WCAG 2.0 or better and the Section 508 Refresh ); in addition, contractors and vendors are encouraged to make use of the instructional materials and checklists at GSA Section 508.gov’s Create Accessible Digital Products | Section508.gov.

4.3 PROHIBITION AGAINST PERSONAL SERVICES AND INHERENTLY GOVERNMENTAL

FUNCTIONS

The Contractor shall not perform personal services under this purchase order. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government shall not supervise or direct Contractor employees in the performance of their assignments.

If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

https://www.access-board.gov/ict/ https://www.access-board.gov/ict/ https://www.access-board.gov/ict/ https://www.hhs.gov/web/governance/digital-strategy/it-policy-archive/hhs-policy-section-508-compliance-accessibility-information-communications-technology.html https://www.hhs.gov/web/governance/digital-strategy/it-policy-archive/hhs-policy-section-508-compliance-accessibility-information-communications-technology.html https://www.hhs.gov/web/section-508/os-technical-resources/index.html https://www.hhs.gov/web/section-508/os-technical-resources/index.html https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.section508.gov/create/ https://www.section508.gov/create/

RFQ No. 75N91024Q00158_00001

The Contractor shall not perform any inherently governmental functions under this purchase order. No Contractor employee shall represent or give the appearance that he or she is a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this purchase order understand and are committed to following the requirements of the purchase order.

4.4 SPECIAL CONTRACT REQUIREMENTS

This acquisition is being conducted under non-Research and Development (R&D) procedures;

therefore, the following non-R&D terms and conditions apply:

a. HUMAN SUBJECTS

It is hereby understood and agreed that research involving human subjects shall not be conducted under this contract and that no material developed, modified, or delivered by or to the Government under this contract, or any subsequent modification of such material, will be used by the Contractor or made available by the Contractor for use by anyone other than the Government, for experimental or therapeutic use involving humans. Reference https://www.hhs.gov/ohrp/index.html for more information.

b. CONFIDENTIALITY

Section 2012 of the 21st Century Cures Act, enacted December 13, 2016, enacts new provisions governing the authority of the Secretary of Health and Human Services (Secretary) to protect the privacy of individuals who are the subjects of research, including significant amendments to the previous statutory authority for such protections, under subsection 301(d) of the Public Health Service Act. No research involving identifiable, sensitive information shall be collected or used under this contract including:

• Human subjects research as defined in the Federal Policy for the Protection of Human Subjects (45 CFR 46), including exempt research (except for human subjects' research that is determined to be exempt from all or some of the requirements of 45 CFR 46) if the information obtained is recorded in such a manner that human subjects cannot be identified or the identity of the human subjects cannot readily be ascertained, directly or through identifiers linked to the subjects);

• Research involving the collection or use of biospecimens that are identifiable to an individual or for which there is at least a very small risk that some combination of the biospecimen, a request for the biospecimen, and other available data sources could be used to deduce the identity of an individual;

• Research that involves the generation of individual level, human genomic data from biospecimens, or the use of such data, regardless of whether the data is recorded in such a manner that human subjects can be identified or the identity of the human https://www.hhs.gov/ohrp/index.html

RFQ No. 75N91024Q00158_00001 subjects can readily be ascertained as defined in the Federal Policy for the Protection of Human Subjects (45 CFR 46); or

• Any other research that involves information about an individual for which there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the information, a request for the information, and other available data sources could be used to deduce the identity of an individual, as defined in subsection 301(d) of the Public Health Service Act.

c. HUMAN MATERIALS

The acquisition and supply of human specimen material (including fetal material) shall not be conducted under this contract.

d. ANIMAL WELFARE

It is hereby understood and agreed that the Contractor shall not use live, vertebrate animals for any work conducted under this contract. Reference the Public Health Service Policy on Humane Care and Use of Laboratory Animals (PHS Policy). The PHS Policy can be accessed at:

https://olaw.nih.gov/policies-laws/phs-policy.htm .

e. INSTITUTIONAL REVIEW BOARD (IRB)

The Government has determined this to be a non-R&D requirement. Should the Contractor require Institutional Review Board (IRB) approval for any work conducted under this agreement, the Contractor shall promptly notify the Contracting Officer and Contracting Officer’s Representative in writing and immediately stop work until written Contracting Officer Authorization to continue performance is provided.

If at any time during the performance of this contract, the Contractor is not in compliance with paragraphs a. through e. above, the Contracting Officer may immediately suspend, in whole or in part, work and further payments under this contract until the Contractor corrects the noncompliance. Notice of the suspension may be communicated by telephone and confirmed in writing. If the Contractor fails to complete corrective action within the period of time designated in the Contracting Officer's written notice of suspension, the Contracting Officer may, in consultation with the Office for Human Research Protections (OHRP), Department of Health and Human Services or Office of Laboratory Animal Welfare (OLAW), National Institutes of Health (NIH), terminate this contract in whole or in part.

5.0 TYPE OF ORDER

This is a firm fixed price purchase order.

https://olaw.nih.gov/policies-laws/phs-policy.htm https://olaw.nih.gov/policies-laws/phs-policy.htm

RFQ No. 75N91024Q00158_00001

6.0 PERIOD OF PERFORMANCE

The period of performance shall be for 12 months from the date of award.

7.0 PLACE OF PERFORMANCE

Services shall be performed remotely/virtually at the Contractor’s facility.

8.0 INSPECTION AND ACCEPTANCE CRITERIA

Pursuant to FAR clause 52.212-4, all work described in the SOW to be delivered under this purchase order is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the NCI/DCCPS Technical Point of Contact (TPOC) who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor. The TPOC for this purchase order is:

TBD AT AWARD

9.0 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

All written deliverables shall be submitted in a Microsoft-compatible format, such as Microsoft Excel, Word, PowerPoint or text file, unless otherwise approved by the DCCPS TPOC. Written deliverables shall be submitted in draft format for review, comment and approval by the TPOC.

Deliverables shall be submitted in accordance with the following schedule:

DELIVERABLE NO./ TASK

CROSS-REFERENCE

DELIVERABLE DESCRIPTION / FORMAT

REQUIREMENTS DUE DATE

1. (task 4.1.1) Virtual kickoff meeting to confirm timeline, frequency and method of communication, and discuss the requirements in detail.

Within 2 weeks of award

2. (task 4.1.2)

Draft workplan, incorporating items discussed in the kickoff meeting, describing approaches to collecting the required data, and submit a copy to the DCCPS technical point of contact

(TPOC).

Draft: within 30 business days of award

Final: within 5 business days of DCCPS’ draft review comments

3. (task 4.1.6)

Preliminary report, covering information collected via the execution of the work plan (task 4.1.4) and secondary research on existing healthcare systems (task 4.1.5)

8 months after award

RFQ No. 75N91024Q00158_00001

4. (task 4.1.7) Weekly reporting of completed tasks delivered via email to the DCCPS TPOC

Every Friday by

COB

5. (task 4.1.8) Comprehensive report, submitted to the DCCPS TPOC via email. Date of presentation TBD by Contractor and DCCPS TPOC.

Draft: within 9 months of award

Final: within 11 months of award

6. (task 4.1.9) Virtual close-out meeting

Within 5 business days after the comprehensive report presentation

10.0 INVOICE SUBMISSION AND PAYMENT

Payment shall be made upon delivery, inspection and acceptance of the required deliverables.

Payment authorization requires submission and approval of invoices to the DCCPS TPOC and NIH OFM, in accordance with the attached payment provisions listed below:

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats, or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be considered in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract.

If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

RFQ No. 75N91024Q00158_00001

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the

NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Unique Entity Identifier (UEI) which is in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

8. Federal Taxpayer Identification Number (TIN). In those rare cases where a contractor does not have a UEI number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

B. The Contractor shall submit invoices to the Department of Treasury’s Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official, as directed below. The Contractor shall submit a copy of the electronic invoice to the following Approving Official (Purchasing Agent) and DCCPS TPOC:

Purchasing Agent: TBD AT AWARD Email Address: TBD AT AWARD DCCPS TPOC: TBD AT AWARD Email Address: TBD AT AWARD

RFQ No. 75N91024Q00158_00001

II. Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR

52.232-40 (NOV 2021)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

RFQ No. 75N91024Q00158_00001

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

V. HHSAR 352.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2022)

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

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

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

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

11.0 TERMS AND CONDITIONS

FAR 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).

https://www.acquisition.gov/far/part-52#FAR_52_212_5

RFQ No. 75N91024Q00158_00001

(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.)

☒ (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).

☒ (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).

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

RFQ No. 75N91024Q00158_00001

☐(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.

☒ (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 (SEP 2021) (15 U.S.C. 657a).

☐ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (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.

https://www.govinfo.gov/link/plaw/115/public/390

RFQ No. 75N91024Q00158_00001

☐ (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 (SEP 2021) (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)

☒ (26) (i) 52.219-28, Post Award Small Business Program Representation (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 (SEP 2021) (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 (SEP 2021) (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)).

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

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

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

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

RFQ No. 75N91024Q00158_00001

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

☐ (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.

☒ (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.

☐ (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).

☒ (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) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (E.O. 13693).

☐ (44) 52.223-20, Aerosols (MAY 2024) (E.O. 13693).

☐ (45) 52.223-21, Foams (May 2024) (E.O. 13693).

RFQ No. 75N91024Q00158_00001

☐ (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057).

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

☐ (ii) Alternate I (JAN 2017) of 52.224-3.

☐ (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐ (ii) Alternate I [RESERVED]

☐ (iii) Alternate II (DEC 2023) of 52.225-3.

☐ (iv) Alternate III (NOV 2023) of 52.225-3.

☐ (iv) Alternate IV (OCT 2022) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

☒ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513).

☐ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.govinfo.gov/link/uscode/19/4001

RFQ No. 75N91024Q00158_00001

☐ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

☐ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

☐ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

☐ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

☐ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

☐ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (APR 2003) of 52.247-64.

☐ (iii) Alternate II (NOV 2021) of 52.247-64.

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

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

☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

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☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

☐ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

RFQ No. 75N91024Q00158_00001

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

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii) 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)).

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

(v) 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).

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

(vii)(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

RFQ No. 75N91024Q00158_00001

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

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

13706).

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40

(xxvi)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/hhsar

Federal Acquisition Regulation (Far) – Clauses Incorporated by Reference:

Clause No.: Title Date

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS

DEC 2014

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/hhsar

RFQ No. 75N91024Q00158_00001

Health and Human Services Acquisition Regulation (HHSAR) – Clauses Incorporated by Reference:

Clause No.: Title Date

HHSAR 325.222-70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT

OPPORTUNITY INVESTIGATIONS

DEC 2015

HHSAR 352.227-70 PUBLICATIONS AND PUBLICITY DEC 2015

HSAR 352.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY DEC 2015

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
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 ...
Federal Acquisition Regulation (Far) – Clauses Incorporated by Reference:
Health and Human Services Acquisition Regulation (HHSAR) – Clauses Incorporated by Reference:

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