CSS.pdf

COMBINED SYNOPSIS / SOLICITATION-COMPETITIVE

Solicitation No. 75N95024Q00500

Title: 10X Chromium Next GEM Kits

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

ii. This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Items and is not expected to exceed the simplified acquisition threshold. A fixed-price type of purchase order is contemplated for this requirement.

THIS IS A COMPETITIVE (NOTICE OF INTENT) COMBINED SYNOPSIS SOLICITATION

TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL

OR OPEN COMPETITION (INCLUDING BRAND-NAME).

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-06 dated July 30, 2024.

iv. The North American Industry Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing. This requirement shall be solicited using full and open competitive procedures.

v. Description:

The Government requires the following brand name or equal items:

1. 10X Chromium Next GEM Kits. Please refer to Attachment 1 – Purchase Description for the brand name or equal line items and quantities.

vi. Please refer to Attachment 1 – Purchase Description for details and information describing the brand name or equal salient characteristics and requirements.

Delivery: The shelf life for kits are 3 to 12 months, entire kits are planned to be used in 6 months as samples are ready to be processed.

Delivery shall be made to the following:

National Institute of Neurological Disorders and Stroke Dr. Sara Inati 10 Center Drive, Room 7-5680 Bethesda, MD 20892

vii. The provisions of FAR clause 52.212-1 Instructions to Offerors—Commercial Items (Sep 2023) is applicable to this solicitation.

viii. The provision at FAR Clause 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021) is applicable and incorporated by reference into this solicitation.

A tradeoff process shall be used for this acquisition because it has been determined to be in the best interest of the Government to consider award to other than the lowest priced Offeror or other than the highest technically rated offeror. All evaluation factors other than cost or price, when combined, are more important than cost or price. For this acquisition, the following considerations will be part of the trade-off process: Technical Evaluation Factors including Past Performance, and Price.

The evaluation will be based on the demonstrated capabilities of the prospective Offerors in relation to the needs of the project as set forth in the solicitation. The merits of each quote will be evaluated carefully.

The Government may request clarifying information from the Contractor, as it relates to its quote. If an award will be made without conducting discussions, Contractors may be given the opportunity to clarify certain aspects of their quote (e.g., the relevance of the contract, the Contractor's past performance information, and adverse past performance information to which the Contractor has not previously had an opportunity to respond) or to resolve minor or clerical errors. Discussions will not be held with any Offeror determined to be technically unacceptable.

The Government reserves the right to make a single award, multiple awards, or no award at all as a result of the solicitation. In addition, the solicitation may be amended or canceled as necessary to meet the Government’s requirements.

TECHNICAL EVALUATION CRITERIA

The evaluation factors are used by the technical evaluation committee when reviewing the technical quotes. The factors below are listed in order of its relative importance for evaluation purposes.

a. Technical Capability and Functionality - NIDA shall evaluate the offeror’s technical approach for overall capability and functionality in relation to the General Requirement, Salient Characteristics, Quantity and Deliverables as described in the Purchase Description.

b. Contract Management and Customer Support – NIDA shall evaluate the offeror’s ability to provide a high level of customer service, particularly in the area of initial responsiveness and resolution of device and service problems. Specifically, the Government will evaluate the Offeror’s capability based on its description of any applicable warranty and customer support process.

c. Speed of Delivery, Installation and Set-up – NIDA shall evaluate the offeror’s technical approach for completeness, feasibility, soundness and practicality of the proposed approach and work plan for accomplishing the requirements of the Purchase Description.

PAST PERFORMANCE

Offerors will be evaluated based on information obtained from references provided by the offeror, other relevant past performance information obtained from other sources known to the Government, and any information supplied by the offeror concerning problems encountered on the identified contracts and corrective action taken. Furthermore, the Government will assess the relative risks associated with each offeror. Performance risks are those associated with an offeror's likelihood of success in performing the acquisition requirements as indicated by that offeror's record of past performance. The assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of an offeror's performance on a list of contracts but rather the product of subjective judgment by the Government after it considers all available and relevant information.

The Offeror should provide past performance information. Past performance information shall cover a minimum of one (1) year in relevant services and deliveries of comparable systems. The Offeror should provide at least one reference for any project identified under the experience factor that has a performance period within the past three (3) years. For each reference, the offeror should provide the following: (1) Organization or contracting partner's name; (2) Point of contact's (POCs) name and contact information (i.e., current phone numbers and valid email addresses); and (3) a description that precisely explains the general scope and specific requirements of the contract.

PRICE EVALUATION

Offerors price quote will be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market. Normally, price reasonableness is established through adequate price competition, but may also be determined through cost and price analysis techniques. Price evaluation will not be conducted on any Offeror determined to be technically unacceptable.

ix. The provision at FAR Clause 52.212-3, Offeror Representations and Certifications Commercial Items, applies to this acquisition.

x. The provision at FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition. See Attachment 2.

xi. The provision of FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items, applies to this acquisition. See Attachment 2.

xii. There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.

xiii. The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

xiv. Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. Responses to this solicitation must include clear and convincing evidence of the Offeror’s capability of fulfilling the requirement as it relates to the government requirements stated in this solicitation.

Basic cost and price information in the Offeror’s proposal must contain sufficient information to allow the Government to perform a basic analysis of the reasonableness of the Offeror to supply the required goods/services. Any other information or factors that may be considered in the award decision may include such factors as: past performance; special features required for effective service coverage; trade-in considerations; warranty considerations;

maintenance and service coverage availability; serial, product or catalog number(s); product description; delivery terms, and prompt payment discount terms.

The Contractor shall submit its quote electronically.

Offerors MUST verify the valid certifications registrations and Representation and Certifications from the System of Award Management (SAM) applications at www.sam.gov, which may be indicated on the Offeror’s cover sheet.

In addition the vendor Unique Entity Identifier (UEI) 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 (SAM) www.sam.gov.

All responses must be received no later than September 6, 2024, 3:00 PM EST. Late responses will not be accepted. All responses must reference solicitation number 75N95024Q00500. Responses must be submitted electronically to Llakim.dubroff@nih.gov and Josh.lazarus@nih.gov. For information regarding this solicitation, please contact Llakim Dubroff by email at Llakim.dubroff@nih.gov and Josh Lazarus Josh.lazarus@nih.gov or by phone at (301) 443-6677.

xv. DATE QUESTIONS DUE: Questions and requests for clarification must be submitted electronically to the Contract Specialist, Llakim Dubroff, at Llakim.dubroff@nih.gov and Josh.lazarus@nih.gov on or before 11:00 AM EST, September 4, 2024. Fax responses will NOT be accepted.

http://www.sam.gov/ http://www.sam.gov/ mailto:Llakim.dubroff@nih.gov mailto:Josh.lazarus@nih.gov mailto:Llakim.dubroff@nih.gov mailto:Josh.lazarus@nih.gov mailto:Llakim.dubroff@nih.gov mailto:Josh.lazarus@nih.gov

Version 11-30-2016-1 FAR Part 11—Describing Agency Needs

PURCHASE DESCRIPTION

1. Statement of Need and Purpose:

These 10X Genomics sequencing reagents are needed as part of a large-scale single cell RNA sequencing study to understand the genetic expression profiles of tissues taken from epileptic patients. The purpose of the materials requested is to generate expression libraries and sequencing of cortex tissue taken from epileptic zones in patients with Drug Resistant Focal Epilepsy and then perform subsequent differential gene expression analysis to understand possible changes between normal and diseased tissue expression profiles. 10X Genomics is the only company manufacturing the Chromium Nuclei Isolation with RNase Inhibitor Kit (16rxns), Chromium Next GEM Chip J Single Cell Kit (48 rxns), Chromium Next GEM Single Cell Multiome ATAC + Gene Expression Reagent Bundle (16 rxns), compatible with the 10X genomics chromium controller, proprietary sequencing machine utilized by the NIH for sequencing ,and are all needed to generate the expression profiles of the tissues taken and for the subsequent expression analysis.

2. Background Information and Objective:

The Neurophysiology of Epilepsy Unit in the National Institute of Neurological Disorders and Stroke (NINDS) is a part of the National Institutes of Health (NIH), conducting research into the causes and subsequent treatments of Drug Resistant Focal Epilepsy. The 10X Genomics reagents and supplemental kits requested will aide in unveiling specific genetic changes and mechanisms that may lead to increased and more severe seizures in chronic epileptic patients.

Generic Name of Product:

Chromium Nuclei Isolation with RNase Inhibitor Kit (16rxns) Chromium Next GEM Chip J Single Cell Kit, 48 rxns Chromium Next GEM Single Cell Multiome ATAC + Gene Expression Reagent Bundle, 16 rxns

4. Purchase Description:

Trade Name: N/A

Attachment 1 - Purchase Description

Brand Name: Chromium Nuclei Isolation with RNase Inhibitor Kit, 16rxns Manufacturer’s Name: 10X Genomics Model, type, catalog and other parts/numbers: Part number # 1000494

Trade Name: N/A Brand Name: Chromium Next GEM Chip J Single Cell Kit, 48 rxns Manufacturer’s Name: 10X Genomics Model, type, catalog and other parts/numbers: Part number # 1000234

Trade Name: N/A Brand Name: Chromium Next GEM Single Cell Multiome ATAC + Gene Expression Reagent Bundle, 16 rxns Manufacturer’s Name: 10X Genomics Model, type, catalog and other parts/numbers: Part number # 1000283

5. Salient characteristics

1. Contract shall provide the NINDS with one Chromium Nuclei Isolation with RNase Inhibitor Kit, 16rxns that includes four major components:

Part1

Chromium Nuclei Isolation with RNase Inhibitor Kit, 16rxns (store at varying temperatures)

Nuclei Isolation Reagents: (store at 4 degrees Celcius)

Item name Part number Lysis Reagent 2000558 Surfactant A 2000559 Debris Removal Reagent

2000560

Part2

Nuclei Isolation Consumables: (store at ambient)

Pestle 2000561 Nuclei Isolation Column 2000562 Collection Tube 2000563

Sample Dissociation Tube

2000564

Part3

Reducing Agent B: (store at -20 degrees Celcius)

Reducing Agent B 2000087

Part4

RNase Inhibitor: (store at -20 degrees Celcius)

RNase Inhibitor 2000565

Chromium Nuclei Isolation with RNase Inhibitor Kit will provide specific functions as below:

• Provide stability for the samples and the RNA, which is the component of the samples that are being measured

• This kit will also provide the ability to clear up samples of unwanted debris which can ultimately improve the results of the measured RNA per cell

2. Contract shall provide the NINDS with one Chromium Next GEM Chip J

Single Cell Kit, 48 rxns that includes three major components:

Part1

Chromium Next GEM Chip J Single Cell Kit, 48 rxns (store at ambient temperature)

Chromium Partitioning Oil

Partitioning Oil 2000190

Chromium Recovery Agent

Recovery Agent 220016

Chromium Next GEM Chip G & Gaskets

Chromium Next GEM Chip G

2000264

Gasket, 6-pack 370017

Chromium Next GEM Chip J Single Cell Kit will provide specific functions as below:

• Partition the cells individually with the Gel Beads in emulsion to help in the creation of single cellular specific cell expression and ATAC libraries

3. Contract shall provide the NINDS with one Chromium Next GEM Single

Cell Multiome ATAC + Gene Expression Reagent Bundle, 16 rxns that includes six major components:

Part1

Chromium Next GEM Single Cell Multiome GEM Kit A, 16rxns (store at -20°C)

Barcoding Reagent Mix 2000267 Barcoding Enzyme Mix 2000266 Template Switch Oligo 3000228

Reducing Agent B 2000087 Cleanup Buffer 2000088

Quenching Agent 2000269

Chromium Next GEM Single Cell Multiome Amp Kit A, 16rxns (store at -20°C)

Pre-Amp Mix 2000270

Pre-Amp Primers 2000271 Amp Mix 2000047

SI-PCR Primer B 2000128 cDNA Primers 2000089

Chromium Next GEM Single Cell Multiome Gel Bead Kit A, 16rxns (store at - 80°C)

Single Cell Multiome Gel

Beads A 2000261

Part4

DynabeadsTM MyOneTM SILANE, (store at 4°C)

Dynabeads MyOne

SILANE

2000048

Part5

Chromium Next GEM Single Cell Multiome ATAC Kit A, 16rxns (store at -20°C)

20X Nuclei Buffer 2000207

ATAC Buffer B 2000193 ATAC Enzyme B 2000265

Part6

Library Construction Kit, 16rxns (store at -20°C)

Fragmentation Enzyme 2000090 Fragmentation Buffer 2000091

Ligation Buffer 2000092 DNA Ligase 220110

Adaptor Oligos 2000094 Amp Mix 2000047

Chromium Next GEM Single Cell Multiome ATAC + Gene Expression Reagent Bundle specific functions:

• The kit is required to perform transposition and preferentially fragment the DNA in open chromatin regions and attach adapter sequences to the ends of the DNA fragments for later single cell profile generation

• The kit allows for the cells to partitioned individually and allows for the Gel Bead’s oligonucleotides with the poly(dT) sequences to attach to mRNA molecules and allows the sequencing machine to identify the origin of each mRNA

• This kit allows for the necessary primers and reagents needed for the attachment to RNA in order to prepare it for amplification at the same time preserving the identity of the RNA and which nucleus it originated from

• The kit is used for the cell expression and ATAC library construction and for subsequent sequencing using the next-generation short read sequencers at 20,000 read pairs per cell for cell expression and 25,000 pair reads per cell for ATAC sequencing

• The final output of expression profiles for each cell expression and ATAC allows us to make comparisons between the genetic profiles of different samples.

Quantity:

• 1 Chromium Nuclei Isolation with RNase Inhibitor Kit, 16rxns

• 1 Chromium Next GEM Chip J Single Cell Kit, 48 rxns

• 1 Chromium Next GEM Single Cell Multiome ATAC + Gene Expression

Reagent Bundle, 16 rxns

i. Delivery Date: The contractor shall deliver all kits between the hours of 8:00am and 2:00 pm, Bethesda, MD local prevailing time at 10 Center Drive, Room 7- 5680, Bethesda, MD 20892. There are personnel who are capable of using this kit, so there is no need for extra training. The kit will be delivered in ice, dry ice, and room temperature (consistent with conditions indicated above) to maintain the temperature. Delivery time requirement for the kits are as soon as possible.

ii. Period of Performance: The shelf life for kits are 3 to 12 months, entire kits are planned to be used in 6 months as samples are ready to be processed.

Attachment 2 - 52.212-4 & 52.212-5

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

[Contracting officer check as appropriate.]

Attachment 2 - 52.212-4 & 52.212-5 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/52.209-9 https://www.acquisition.gov/far/52.219-3 https://www.acquisition.gov/far/52.209-6 https://www.acquisition.gov/far/52.204-27 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/52.222-3 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/52.223-13 https://www.acquisition.gov/far/52.223-14 https://www.acquisition.gov/far/52.223-15 https://www.acquisition.gov/far/52.223-16 https://www.acquisition.gov/far/52.223-18 https://www.acquisition.gov/far/52.223-20 https://www.acquisition.gov/far/52.222-19 https://www.acquisition.gov/far/52.223-21 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/52.247-64 https://www.acquisition.gov/far/52.229-12 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

FAR 52.212-5 as of FAC 2023-04 (06/02/2023) Edited 06/02/2023

Revised: March 7, 2022

Invoice and Payment Provisions The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase

Agreement (BPA) Orders/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 taken into account in the computation of any interest penalty owed the Contractor.

1. 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 contractor 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. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS 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.

Invoice Processing Platform (IPP) Instructions

Attachment 3 - Invoice Instructions

B. 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.

C. For inquiries regarding the status of invoices such as receipt of invoices, due date, request for payment of invoices, etc., contact NIH/OFM Customer Service via email at ofm_customer_service@incontactemail.com or via phone at 301-496-6088. To send your inquiries via other available communication methods see the NIH/OFM Customer Service website at https://ofm.od.nih.gov/Pages/Customer-Service.aspx.

The NIH/OFM Customer Service is open Eastern Standard Time Monday – Friday from 8:30 a.m. to 5:00 p.m. and is closed between 12:00 p.m. to 1:00 p.m.

In order to facilitate the prompt payment of invoices, it is recommended that the contractor submit a copy of the invoice to the Contracting Officer's Representative (COR) and Contracting Officer for the Order/Award document.

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

Attachment 3 - Invoice Instructions https://ofm.od.nih.gov/Pages/Home.aspx https://ofm.od.nih.gov/Pages/Home.aspx https://ofm.od.nih.gov/Pages/Customer-Service.aspx mailto:ofm_customer_service@incontactemail.com https://ofm.od.nih.gov/Pages/Customer-Service.aspx 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 (December 2013)

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.

c. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

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)

Attachment 3 - Invoice Instructions

x. The provision at FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition. See Attachment 2.

(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 and Other Covered Entities (Nov 2021) (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)).

(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.

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) 52.203-19, 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)).

(iii) 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).

(iv) 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).

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

(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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.

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

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

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

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

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

(xii) 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.

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

(xiv) (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).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 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).

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

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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.

(xxiv) 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.