75N95024P00543_FS.pdf
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- Attached to
- -80 degrees C Ultra-Cold Upright Freezers
- Solicitation number
- 75N95024P00543
About this file
This document is a Fixed-Price Purchase Order issued by the National Institute on Drug Abuse (NIDA), part of the Department of Health and Human Services National Institutes of Health, to acquire two -80 degrees Celsius Ultra-Cold Upright Freezers from Fisher Scientific Company L.L.C. The freezers are required to preserve and store post-mortem human brains and biological materials for medical research by the National Institute of Mental Health (NIMH) Human Brain Collection Core. The order is awarded on a firm-fixed price basis for $25,046.00, with a 75 day delivery after receipt of order and a performance period from September 30, 2024 to September 29, 2025. The purchase is not subject to any set-asides.
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NIDA_INV_NIMH
Bethesda, MD 20892-7784
3rd Floor 6701 Rockledge Drive Paid By: NIH Commercial Accounts Br Approved By, NIDA Invoices NIMH CMB
HE7NJQGP4ED6
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
NIDA
Bethesda, MD 20892-7511 National Institute on Drug Abuse National Institutes of Health
BLDG 10, 4N, BETHMC CODE 16. ADMINISTERED BYCODE
X
333415
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORNIDA-EXEC
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
+1 301 402 8070DIEDRA PROPHET
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 3 6994024OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
PITTSBURGH PA 152751001
300 INDUSTRY DRIVE
FISHER SCIENTIFIC CO LLC:1106873
17a. CONTRACTOR/
See Schedule
15. DELIVER TO
Bethesda, MD 20892-7511 National Institute on Drug Abuse
9. ISSUED BY
7.
75N95024P00543
2. CONTRACT NO.
EFFECTIVE DATE
1,250
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
National Institutes of Health
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
DELIVER TO:
Bldg 10, 4th Floor, Wing N, Bethesd BLDG 10 - Clinical Center 4th Floor, Wing N 10 Center Drive Bethesda MD 20814 US
UEI: HE7NJQGP4ED6
The purpose of this purchase order is to provide the National Institute of Mental Health (NIMH) with two -80 degrees C Ultra-Cold Upright Freezers in accordance with the attached Purchase
(Use Reverse and/or Attach Additional Sheets as Necessary)
$25,046.00
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
CHRISTINE M. FRATE
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
Quote#4257740396
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
See schedule
09/13/2024
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Description and Fisher Scientific Quotation
#4257-7403-96.
This purchase order is awarded on a firm-fixed price (FFP) basis and funding in the amount of
$25,046.00 using FY24 funds is hereby obligated to fully fund this award.
PURCHASE ORDER ATTACHMENTS:
1) Purchase Description
2) Fisher Scientific Quotation #4257-7403-96
3) FAR 52.212-5 Contract Terms and Conditions
Required to Implement Statutes or Executive
Orders-Commercial Products and Commercial
Services (May 2024)
4) Additional Terms and Conditions
5) NIH Invoice and Payment Instructions with IPP
(Rev. MAR 2023)
Invoicing shall be a 3-Way match.
Invoicing questions and questions regarding this award shall be directed to Dionne Draper at dionne.draper@nih.gov.
Delivery: 75 Days After Receipt Of Order
Period of Performance: 09/30/2024 to 09/29/2025
1 01ULT FZ TSX60086FA GP UNIV VOLT Catalog # : 2 EA 12,123.00 24,246.00
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
3 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 3
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
FISHER SCIENTIFIC CO LLC:1106873
(A) (B) (C) (D) (E) (F)
75N95024P00543
TSX60086FA
Delivery To: 4N317B/Yiyin LIU
Product/Service Code: 4110
Product/Service Description: REFRIGERATION
EQUIPMENT
Project Data:
136328.2024.100.HN76 NIMH DIRP DIV INTRAML RESCH
PRGMS.26056 LAB&GLSSWRE SUPP-DIR USE.06/15/2024
Accounting Info:
08029220241DAD.2024.01.7100.HN76000000C.I.00073.50
6.9999.26056.61000001.9999.9999.9999
Funded: $24,246.00
2 02Shipping and handling Catalog # : 502254203 800.00
Delivery To: 4N317B/Yiyin LIU
Product/Service Code: V119
Product/Service Description:
TRANSPORTATION/TRAVEL/RELOCATION- TRANSPORTATION:
OTHER
Project Data:
136328.2024.100.HN76 NIMH DIRP DIV INTRAML RESCH
PRGMS.22006 FREIGHT OR EXPRESS TRANS.06/15/2024
Accounting Info:
08029220241DAD.2024.01.7100.HN76000000C.I.00073.50
6.9999.22006.61000001.9999.9999.9999
Funded: $800.00
POINTS OF CONTACT:
Contracting Officer's Representative (COR):
Name: Milton Kimbrough
Email: milton.kimbrough@nih.gov
Technical Program Officer:
Name: Yiyin Liu
Email: yiyin.liu@nih.gov
Contractor Business Representative:
Name: Dante Washington
Email: dante.washington@thermofisher.com
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Version 11-30-2016-1 FAR Part 11—Describing Agency Needs
PURCHASE DESCRIPTION
1. Statement of Need and Purpose:
This purchase is to obtain two (2) -80 degrees C Ultra-cold Upright Freezers to preserve and store the dissected post-mortem human brains and other biological relevant material for scientific research.
2. Background Information and Objective:
The NIMH Human Brain Collection Core (HBCC) maintains large collection of normal control and psychiatric patient brains for medical research. This one of a kind collection must be stored at -80 degrees C in order to preserve the integrity of the tissue for research purposes. Any thawing and refreezing of this tissue destroys its viability for medical research. Accordingly, this incredibly valuable collection needs to be stored in deep freezers.
3. Generic Name of Product: Thermo Scientific™ TSX Series ultra-low freezer
4. Purchase Description:
Thermo Scientific TSX Universal Series Ultra-Low Freezers, Capacity:
28.8 cu. ft., Rack Capacity: 24, Amperage: 8.9-4.9 A, Defrost:
Manual, Display: Touch-Screen LCD, Exterior Finish: Painted Cold Rolled Steal, Holds: 2 in. Boxes (600) Vendor Catalog # TSX60086FA Hazardous Material This item is being sold as 1 per each
5 INNER DOORS, 4 SHELVES (5 COMPARTMENTS)
Open Market Cost: $25,046.00 (includes inner delivery)
Delivering address:
Yiyin Liu
HBCC, NIMH-IRP
Building 10, Room 4A11A 10 Center Drive Bethesda, MD 20892 Tel. 301 402-2816 Fax. 301 402-2751 Email: Yiyinliu@mail.nih.gov
5. Salient characteristics
• The Thermo Scientific™ TSX Series ultra-low freezers are designed to meet the highest standards in reliability, sustainability and temperature management.
• The upright freezer unit with an easily adjustable shelving system can hold up to 600 2-inch boxes
• 5 compartments inner freezer structure includes 5 inner doors and 4 shelves.
mailto:Yiyinliu@mail.nih.gov
Version 11-30-2016-1 FAR Part 11—Describing Agency Needs
• With peak variation less than 5°C, the samples are protected and safely stored throughout the entire cabinet space. No need to worry about where the samples are stored within the freezer
• Long warm-up time from -50°C to -80°C: 5.05 hours
• Quiet enough to reside directly in the laboratory, rather than in the hall. At just 45.5 dBA, it’s sound level is comparable to a home refrigerator
• A V-drive’s adaptive control can detect usage patterns such as door openings when a higher compressor speed is needed and periods of stability where the compressor runs at a lower speed, saving energy without compromising protection
• Newly re-designed touch-screen user interface with easy-to-use: set-up wizard, event log, temperature mapping and data downloads via a built-in USB port
• Ergonomic design including comfortable door handle, eye-level touch-screen and shelf-level placement that don’t require floor-level loading of racks
• Security features including alarm settings, padlock-compatible doors and optional access card entry
• ENERGYSTAR, cULus, Certifications/Compliance
• Manual defrost
6. Quantity: Two (2)
7. Delivery Date: desired delivery date after receipt of order is 75 days
8. Period of Performance:
NA
9. Option(s):
NA
FISHER SCIENTIFIC COMPANY LLC
4500 TURNBERRY DRIVE
HANOVER PARK IL 60133-5491
Valid To
*Quote Nbr Creation Date Due Date Page
Sales Representative
Prepared By
Payment Terms Delivery Terms
To place an order
Customer Reference
Submitted To: Customer Account: 428865009
Don't have a profile? Register on
*Please reference this Quote Number on all correspondence.
fishersci.com
4257-7403-96 09/13/2024 1 of 1
NET 30 DAYS DES
12/31/2024 WASHINGTON, DANTE
EMMA HOLMES75N95024P00543
800-766-7000 800-926-1166
NATIONAL INST OF HEALTH
10 CENTER DR
BLDG 10 RM4N218D
BETHESDA MD 20892
Sales Quotation
Ph: Fx:
YIYIN LIU
DANTE.WASHINGTON@THERMOFISHER.COM
301-402-2816
For complete Terms and Conditions, please click here.
Click here or go through your purchasing system to fishersci.com quotes
Blank Line Blank Line
Nbr Qty UN Catalog Number Description Unit Price
Extended Price
1 2 EA TSX60086FA ULT FZ TSX60068FA GP UNIV VOLT 12,123.00 24,246.00
Thermo Scientific TSX Universal Series General Purpose Ultra-Low Freezers, Capacity: 28.8 cu. ft., Capacity: 816 L, Holds: 2 in. Boxes (600), Rack Capacity: 24, Cabinet Material: Scratch-resistant Painted Steel, Chamber Material: Cold-rolled Steel, Compressor: V-drive, Door Style: Outer (1) Vendor Catalog # TSX60086FA Hazardous Material This item is being sold as 1 per each Open Market
Blank Line
2 2 EA 502254203 INSIDE DELIVERY FREEZR ULT DBL 400.00 800.00
Vendor Catalog # LRSINSIDEFREEZRULT/DBL This item is being sold as 1 per each Open Market Product - Non-Returnable
Blank Line
MERCHANDISE TOTAL 25,046.00
Blank Line
NOTES:
We now offer highly competitive financing with low monthly payments. Please contact your local sales representative for more information.
Blank Line Tell us about your recent customer service experience by completing a short survey. This should take no longer than three minutes. Enter the link into your browser and enter the passcode: USA-PGH-CS2 http://survey.medallia.com/fishersci https://www.fishersci.com/store1/quotes/4257740396?tsid=Email_CC_RFQ_SalesQuote_PlaceOrder http://www.fishersci.com/shop/userregistration?enterWOAccNo=WO www.fishersci.com/salesterms http://survey.medallia.com/fishersci
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (May 2024)
[Contracting officer check as appropriate.] https://www.acquisition.gov/far/52.203-6 https://www.acquisition.gov/far/52.203-13 https://www.acquisition.gov/far/52.203-15 https://www.acquisition.gov/far/52.204-10 https://www.acquisition.gov/far/52.204-14 https://www.acquisition.gov/far/52.204-15 https://www.acquisition.gov/far/52.204-28 https://www.acquisition.gov/far/52.204-27 https://www.acquisition.gov/far/52.203-17 https://www.acquisition.gov/far/52.204-30 https://www.acquisition.gov/far/52.219-4 https://www.acquisition.gov/far/52.219-6 https://www.acquisition.gov/far/52.219-7 https://www.acquisition.gov/far/52.219-8 https://www.acquisition.gov/far/52.219-9 https://www.acquisition.gov/far/52.219-13 https://www.acquisition.gov/far/52.219-14 https://www.acquisition.gov/far/52.219-16 https://www.acquisition.gov/far/52.219-27 https://www.acquisition.gov/far/52.219-28 https://www.acquisition.gov/far/52.219-29 https://www.acquisition.gov/far/52.219-30 https://www.acquisition.gov/far/52.219-32 https://www.acquisition.gov/far/52.219-33 https://www.acquisition.gov/far/52.219-3 https://www.acquisition.gov/far/52.209-9 https://www.acquisition.gov/far/52.209-6 https://www.acquisition.gov/far/52.209-9 https://www.acquisition.gov/far/52.222-3 https://www.acquisition.gov/far/52.222-21 https://www.acquisition.gov/far/52.222-26 https://www.acquisition.gov/far/52.222-35 https://www.acquisition.gov/far/52.222-36 https://www.acquisition.gov/far/52.222-37 https://www.acquisition.gov/far/52.222-40 https://www.acquisition.gov/far/52.222-50 https://www.acquisition.gov/far/52.222-54 https://www.acquisition.gov/far/52.223-9 https://www.acquisition.gov/far/52.223-11 https://www.acquisition.gov/far/52.223-12 https://www.acquisition.gov/far/52.223-20 https://www.acquisition.gov/far/52.223-21 https://www.acquisition.gov/far/52.223-23 https://www.acquisition.gov/far/52.222-19 https://www.acquisition.gov/far/52.224-3 https://www.acquisition.gov/far/52.225-1 https://www.acquisition.gov/far/52.225-3 https://www.acquisition.gov/far/52.225-5 https://www.acquisition.gov/far/52.225-13 https://www.acquisition.gov/far/52.225-26 https://www.acquisition.gov/far/52.226-4 https://www.acquisition.gov/far/52.226-5 https://www.acquisition.gov/far/52.232-29 https://www.acquisition.gov/far/52.232-30 https://www.acquisition.gov/far/52.232-33 https://www.acquisition.gov/far/52.232-34 https://www.acquisition.gov/far/52.232-36 https://www.acquisition.gov/far/52.239-1 https://www.acquisition.gov/far/52.242-5 https://www.acquisition.gov/far/52.229-12 https://www.acquisition.gov/far/52.226-8 https://www.acquisition.gov/far/52.222-41 https://www.acquisition.gov/far/52.222-42 https://www.acquisition.gov/far/52.222-43 https://www.acquisition.gov/far/52.222-44 https://www.acquisition.gov/far/52.222-51 https://www.acquisition.gov/far/52.222-53 https://www.acquisition.gov/far/52.222-55 https://www.acquisition.gov/far/52.222-62 https://www.acquisition.gov/far/52.226-6 https://www.acquisition.gov/far/52.247-64
FAR 52.212-5 as of FAC 2024-05 (5/22/2024) Edited 5/22/2024
ADDITIONAL TERMS AND CONDITIONS
CONTRACT ADMINISTRATION DATA
CONTRACTING OFFICER'S REPRESENTATIVE (COR)
The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:
[To be specified at time of award]
The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in the contract
The Government may unilaterally change its COR designation.
Title: -80 degrees C Ultra-Cold Upright Freezers
RFQ: 75N95024P00543
The provision at FAR 52.252-1, Solicitation Provisions Incorporated by
Reference (Feb 1998), applies to this acquisition. This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:
https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html
(End of provision)
The following provisions apply to this acquisition and are incorporated by reference:
• FAR 52.204-7, System for Award Management (Oct 2018)
• FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug
2020)
• FAR 52.212-1, Instructions to Offerors-Commercial Items (Sep 2023)
• FAR 52.212-3, Offeror Representations and Certifications-Commercial
Items (May 2024)
• FAR 52.214-34 Submission of Offers in the English Language (Apr 1991)
• FAR 52.214-34 Submission of Offers in U.S. Currency (Apr 1991)
• HHSAR 352.239-73, Electronic and Information Technology Accessibility
Notice (December 18, 2015)
The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses:
https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html
(End of clause)
The following clauses apply to this acquisition and are incorporated by reference:
• FAR 52.204-13, System for Award Management Maintenance (Oct 2018)
• FAR 52.204-18, Commercial and Government Entity Code Maintenance
(Aug 2020)
• FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Nov
2023). Addendum to this FAR clause applies to this acquisition and is attached.
• FAR 52.227-14 Rights in Data-General (May 2014)
• HHSAR 352.239-74, Electronic and Information Technology Accessibility
(December 18, 2015)
The following provisions and clauses apply to this acquisition and are attached in full text.
• FAR 52.212-5, Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Items (May 2024)
• NIH Invoice and Payment Provisions without IPP (Mar 2023)
The Offerors to include a completed copy of the provision at FAR clause 52.212-
3, Offeror Representations and Certifications-Commercial Items (May 2024), with its offer. If the offeror has completed FAR clause 52.212-3 at www.sam.gov, then the offeror does not need to provide a completed copy with its offer.
The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items
(Nov 2023), applies to this acquisition. Addendum to this FAR clause applies to this acquisition and is attached.
The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.
The Unique Entity ID from SAM.gov, the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html http://www.sam.gov/
(SAM) www.sam.gov.
http://www.sam.gov/
Updated on March 20, 2023
Invoice and Payment Provisions (Vendor has Transitioned to IPP)
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.
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 (Contracting Officer) and Contracting Officer Representative.
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.
https://www.ipp.gov/
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 (Mar 2023).
(a)
(1) In accordance with 31 U.S.C. 3903 https://www.govinfo.gov/link/uscode/31/3903 and 10
U.S.C. 3801 https://www.govinfo.gov/link/uscode/10/3801 , within 15 days after 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.
(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(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.
(End of clause).
V. HHSAR 352.232-71 Electronic Submission of Payment Requests (February 2, 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.
(End of clause).
https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 http://www.ipp.gov/
| 75N95024P00543_EH SIGNED_FS |
| FAR 52.212-5 May 2024.pdf |
| 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Aug 2018) |
| Blank Page |
| Blank Page |
| Blank Page |
| Blank Page |
| Blank Page |
| Blank Page |
| Invoicing Instructions With IPP 3-23 |
| Invoice and Payment Provisions |
| (Vendor has Transitioned to IPP) |
| I. Invoice Requirements |
| II. Invoice Payment |
| III. Interest Penalties |
| IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (Mar 2023). |
| V. HHSAR 352.232-71 Electronic Submission of Payment Requests (February 2, 2022). |
| 2024-09-26T08:20:25-0400 | |
| Christine M. Frate -S |
| 52: |
| 212-5(b): (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 items: |
| 203-6 box: Off |
| 203-13 box: Off |
| 203-15 box: Off |
| 204-10 box: Off |
| 204-14 box: Yes |
| 204-15 box: Off |
| 204-27x: Yes |
| 203-6 link: 52.203-6 |
| 203-13 link: 52.203-13 |
| 203-15 link: 52.203-15 |
| 204-10 link: 52.204-10 |
| 204-14 link: 52.204-14 |
| 204-15 link: 52.204-15 |
| 203-6 text: Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704). |
| 203-13 text: Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)) |
| 203-15 text: Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) |
| 204-10 text: Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). |
| 204-14 text: Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). |
| 204-15 text: Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). |
| 204-27 text: Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). |
| 212-5(a): (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: |
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
| 204-28 box: Off |
| 204-28 link: 52.204-28 |
| 204-28 text: 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). |
| 204-27 link: 52.204-27 |
| 203-17 text: 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). |
| 203-17 link: 52.203-17 |
| 203-17 box: Yes |
| 204-30 text: (i) Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II). |
| 204-30 link: 52.204-30 |
| 204-30 ALT Itext: (ii) Alternate I (Dec 2023) of 52.204–30. |
| 204-30 box: Off |
| 204-30 Alt I box: Off |
| 219-4 box: Off |
| 219-6 box: Off |
| 219-7 box: Off |
| 219-8 box: Off |
| 219-9 box: Off |
| 219-9 Alt II box: Off |
| 219-9 Alt III box: Off |
| 219-9 Alt IV box: Off |
| 219-13 box: Off |
| 219-14 box: Off |
| 219-16 box: Off |
| 219-27 box: Off |
| 219-28 box: Off |
| 219-28 Alt I box: Off |
| 219-29 box: Off |
| 219-30 box: Off |
| 219-32 box: Off |
| 219-33 box: Off |
| 219-6 Alt I box: Off |
| 219-7 Alt I box: Off |
| 219-9 Alt I box: Off |
| 219-4 link: 52.219-4 |
| 219-6 link: 52.219-6 |
| 219-7 link: 52.219-7 |
| 219-8 link: 52.219-8 |
| 219-9 link: 52.219-9 |
| 219-13 link: 52.219-13 |
| 219-14 link: 52.219-14 |
| 219-16 link: 52.219-16 |
| 219-27 link: 52.219-27 |
| 219-28 link: 52.219-28 |
| 219-29 link: 52.219-29 |
| 219-30 link: 52.219-30 |
| 219-32 link: 52.219-32 |
| 219-33 link: 52.219-33 |
| 219-4 text: (i) Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). |
| 219-6 text: (i) Notice of Total Small Business Set-Aside (Nov 2020) of 52.219-6 (15 U.S.C. 644). |
| 219-6 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-6. |
| 219-7 text: (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). |
| 219-7 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-7. |
| 219-8 text: Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)). |
| 219-9 text: (i) Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)). |
| 219-9 Alt I text: (ii) Alternate I (Nov 2016) of 52.219-9. |
| 219-9 Alt II text: (iii) Alternate II (Nov 2016) of 52.219-9. |
| 219-9 Alt III text: (iv) Alternate III (Jun 2020) of 52.219-9. |
| 219-9 Alt IV text: (v) Alternate IV (Sep 2023) of 52.219-9. |
| 219-13 text: (i) Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). |
| 219-14 text: Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)). |
| 219-16 text: Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)). |
| 219-27 text: Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Feb 2024) (15 U.S.C. 657 f). |
| 219-28 text: (i) Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)). May require contractor completion. |
| 219-28 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-28. |
| 219-29 text: Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)). |
| 219-30 text: Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)). |
| 219-32 text: Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). |
| 219-33 text: Nonmanufacturer Rule (Sep 2021)(15 U.S.C. 637(a)(17)). |
| 219-13 Alt I box: Off |
| 219-13 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-13. |
| 219-3 text: Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a). |
| 219-3 link: 52.219-3 |
| 219-3 box: Off |
| 209-9 text: Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). |
| 209-6 text: Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. |
| 209-6 link: 52.209-6 |
| 209-6 box: Off |
| 209- box: Off |
| 209-9 link: 52.209-9 |
| 222-3 box: Yes |
| 222-19 box: Yes |
| 222-21 box: Yes |
| 222-26 box: Yes |
| 222-35 box: Off |
| 222-36 box: Off |
| 222-40 box: Off |
| 222-50 box: Yes |
| 222-50 Alt I box: Off |
| 222-54 box: Off |
| 223-9 box: Off |
| 223-9 Alt I box: Off |
| 223-11 box: Off |
| 223-12 box: Off |
| 223-13 box: Off |
| 223-23 box: Off |
| 223-21 box: Off |
| 222-36 Alt I box: Off |
| 222-37 box: Off |
| 222-3 link: 52.222-3 |
| 222-21 link: 52.222-21 |
| 222-26 link: 52.222-26 |
| 222-35 link: 52.222-35 |
| 222-36 link: 52.222-36 |
| 222-37 link: 52.222-37 |
| 222-40 link: 52.222-40 |
| 222-50 link: 52.222-50 |
| 222-54 link: 52.222-54 |
| 223-9 link: 52.223-9 |
| 223-11 link: 52.223-11 |
| 223-12 link: 52.223-12 |
| 223-20 link: 52.223-20 |
| 223-21 link: 52.223-21 |
| 223-23 link: 52.223-23 |
| 222-3 text: Convict Labor (June 2003) (E.O. 11755). |
| 222-19 text: Child Labor-Cooperation with Authorities and Remedies (Feb 2024). |
| 222-21 text: Prohibition of Segregated Facilities (Apr 2015). |
| 222-26 text: (i) Equal Opportunity (Sept 2016) (E.O. 11246). |
| 222-26 Alt I text: (ii) Alternate I (Feb 1999) of 52.222-26. If this is checked, some terms have been waived. |
| 222-35 text: (i) Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212). |
| 222-35 Alt I text: (ii) Alternate I (July 2014) of 52.222-35. If this box is checked, some terms have been waived. |
| 222-36 text: (i) Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). |
| 222-36 Alt I text: (ii) Alternate I (July 2014) of 52.222-36. If this box is checked, some terms have been waived. |
| 222-37 text: Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). |
| 222-40 text: Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). |
| 222-50 text: (i) Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627). |
| 222-50 Alt I text: (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). Alt I requires CO completion. |
| 222-54 text: 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.) |
| 223-9 text: (i) 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.) Requires CO completion. |
| 223-9 Alt I text: (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.) Alt I requires contractor certification. |
| 223-11 text: Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.). |
| 223-12 text: Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.). |
| 223-20 text: Aerosols (May 2024) (42 U.S.C. 7671, et seq.). |
| 223-21 text: Foams (May 2024) (42 U.S.C. 7671, et seq.). |
| 223-23 text: Sustainable Products and Services (May 2024) |
(E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
| 222-26 Alt I box: Off |
| 222-35 Alt I box: Off |
| 222-19 link: 52.222-19 |
| 224-3 text: (i) Privacy Training (Jan 2017) (5 U.S.C. 552a). |
| 224-3 link: 52.224-3 |
| 224-3 box: Yes |
| 224-3 Alt I text: (ii) Alternate I (Jan 2017) of 52.224-3. |
| 224-3 Alt I box: Off |
| 225-1 box: |
| 0: Off |
| 1: Off |
| 225-3 box: Off |
| 225-26 box: Off |
| 226-4 box: Off |
| 226-5 box: Off |
| 232: |
| 29 box: Off |
| 30 box: Off |
| 33 box: Yes |
| 34 box: Off |
| 36 box: Off |
| 239-1 box: Off |
| 242-5 box: Off |
| 225-3 Alt I box: Off |
| 225-3 Alt II box: Off |
| 225-3 Alt III box: |
| 0: Off |
| 225-5 box: Off |
| 225-13 box: Yes |
| 225-1 link: 52.225-1 |
| 225-3 link: 52.225-3 |
| 225-5 link: 52.225-5 |
| 225-13 link: 52.225-13 |
| 225-26 link: 52.225-26 |
| 226-4 link: 52.226-4 |
| 226-5 link: 52.226-5 |
| 232-29 link: 52.232-29 |
| 232-30 link: 52.232-30 |
| 232-33 link: 52.232-33 |
| 232-34 link: 52.232-34 |
| 232-36 link: 52.232-36 |
| 239-1 link: 52.239-1 |
| 242-5 link: 52.242-5 |
| 225-1 text: |
| 0: (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83). |
| 1: (ii) Alternate I (Oct 2022) of 52.225-1. |
| 225-3 text: (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. |
| 225-3 Alt I text: (ii) Alternate I [Reserved] |
| 225-3 Alt II text: (iii) Alternate II (Dec 2022) of 52.225-3. |
| 225-3 Alt III text: |
| 0: (iv) Alternate III (Feb 2024) of 52.225-3. |
| 1: (v) Alternate IV (Oct 2022) of 52.225-3. |
| 225-5 text: Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). |
| 225-13 text: 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). |
| 225-26 text: 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. 2302 Note). |
| 226-4 text: Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). Requires CO completion. |
| 226-5 text: Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) |
(42 U.S.C. 5150).
| 232-29 text: Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). |
| 232-30 text: Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). |
| 232-33 text: Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332). |
| 232-34 text: Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). Requires CO completition. |
| 232-36 text: Payment by Third Party (May 2014) (31 U.S.C. 3332). |
| 239-1 text: Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). |
| 242-5 text: Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). |
| 229-12 box: Off |
| 229-12 text: Tax on Certain Foreign Procurements—Notice and Representation (Feb 2021) |
| 229-12 link: 52.229-12 |
| 225-3 Alt IV box: |
| 1: Off |
226-8 text: Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
| 226-8 link: 52.226-8 |
| 226-8 box: Yes |
| 212-5(c) text: (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 |
| 222-41 box: Off |
| 222-41 link: 52.222-41 |
| 222-41 text: Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). |
| 222-42 box: Off |
| 222-42 link: 52.222-42 |
| 222-42 text: Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). Requires CO completion. |
| 222-43 box: Off |
| 222-43 link: 52.222-43 |
| 222-43 text: 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). |
| 222-44 box: Off |
| 222-44 link: 52.222-44 |
| 222-44 text: Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). |
| 222-51 box: Off |
| 222-51 link: 52.222-51 |
| 222-51 text: 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). |
| 222-53 box: Yes |
| 222-53 link: 52.222-53 |
| 222-53 text: Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67). |
| 222-55 box: Off |
| 222-55 link: 52.222-55 |
| 222-55 text: Minimum Wages Under Executive Order 13658 (Jan 2022). |
| 222-62 box: Off |
| 222-62 link: 52.222-62 |
| 222-62 text: Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). |
| 226-6 box: Off |
| 226-6 link: 52.226-6 |
| 226-6 text: Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). |
| 212-5(d) text: (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.
| 247-64 Alt II text: (iii) Alternate II (Nov 2021) of 52.247-64. |
| 247-64 Alt III box: Off |
| 247-64 Alt I text: (ii) Alternate I (Apr 2003) of 52.247-64. |
| 247-64 Alt I box: Off |
| 247-64 text: (i) Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). |
| 247-64 link: 52.247-64 |
| 247-64 box: Off |
| 212-5(e) text: (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-
(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 Covered Entities (Dec 2023) (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).
(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.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31U.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…
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