A_25-001328_ CSS 1.pdf

COMPETITIVE

COMBINED SYNOPSIS / SOLICITATION

Title: Neuropixels Electrodes Study

(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 written solicitation will not be issued.

(ii) The solicitation number is NIMH25001328 and the solicitation is issued as a request for proposal (RFP).

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.

THIS IS A COMPETITIVE (NOTICE OF INTENT) COMBINED SYNOPSIS

SOLICITATION TO AWARD A CONTRACT OR PURCHASE ORDER.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2024-07, with effective date August

29, 2024.

(iv) The associated NAICS code 611430 and the small business size standard is $13M. This requirement is set aside for Women Owned Small Businesses.

(v) This requirement is for the following item:

The National Institute of Mental Health (NIMH) requires a digital library of content that's accessible to all of its employees to support the IC's Diversity, Equity, Inclusion, Accessibility, and Anti-Racism (DEIAA) initiative. NIMH's purpose for this acquisition is to acquire a tool to enhance its knowledge of DEIAA topics, thereby creating a healthier workplace and strengthening its workforce through a socialized understanding of the importance of inclusion and respect for cultural differences.

The NIMH seeks a technology-based application capable of allowing our IC to curate a curriculum, provide on-demand online training, offer aimed assessments, and deliver analytical measurements to support the efficacy of building a training program designed to foster an inclusive and respectful workplace by utilizing a platform that gives instruction on ethics, respect, and inclusion to instill core competencies that are essential to a healthy workplace culture.

Background Information and Objective

The NIMH has initiated several activities and plans to support the IC's diversity, equity, and inclusion (DEI) goals and priorities. To ensure organizational alignment, effective communications, support of transparency goals, and the bolstering of a culture of psychological safety, trust, inclusion, and belonging, the NIMH requires on-demand training that supports centering actionable DEI activities around proposed planning and resources dedicated to this initiative and meets with the organization's objective.

NIMH believes the digital course library will be advantageous to the government by reducing the burden on the level of resources required to 1) conduct staff assessments on the challenges NIMH faces within these areas; 2) developing analytical tools the IC seeks to support this effort; 3) coordinating multiple in-person training sessions for 1600 NIMH employees.

Salient characteristics

The three (3) pillars offer foundational courses on respect, ethics, and creating an inclusive workplace culture.

The software license package will include the following:

• Licensing for full access to all digital content under the designated pillars.

• A commercial product designed for NIMH to structure training content to our individualized demands. The training offers modules and coursework that provide flexibility to enable content restructuring for alignment with current organizational needs

• A library with interactive video microlessons that engage employees with compelling real-world scenarios developed to enhance the experience and motivate learners while reinforcing key concepts.

• A platform that allows NIMH to curate digitized dialogue for our employees and the capability to re-adjust NIMH-driven content based on targeted microlessons and media.

• Using a diagnostic approach, the digital platform identifies issues and behavioral changes. It supports problem-solving through embedded dialogue-based research tools within the learner’s microlessons to isolate ethics, respect, and inclusion issues.

• A platform provides real-time statistics using benchmarked indicators, question-level detailed analysis, data-powered recommended actions, risk diagnostics, organizational progress, and recommendations to address areas for improvement. Recommends actions to take immediate steps with customized, research-based content to support changing undesired behavior in the workplace.

• A product fully captures potential vulnerabilities through a linked risk assessment tool that offers detailed graphical analysis and robust reporting on anonymous responses to in-training questions, demonstrating top EEO and business compliance risks.

• Offers a dedicated support structure that will work with NIMH staff over the licensure period. This team comprises experts in ethics and culture, leadership and coaching, and IT security and data privacy. Additionally, partnerships with respected workplace professionals and subject matter experts.

(vii) User License

• License agreement for a one (1) year term, with option years

• Provide transferrable SCORM files for the HHS Learning Management System

(LMS)

• Provide training to the designated NIMH system administrator(s)

Ongoing Partnership and Support

• NIMH shall receive a designated Implementation Manager, Client Manager, and

Client Account Executive to partner with the IC throughout the contract term.

• NIMH will have 24/7 access to the vendor’s technical support team.

Support Information Site

• The vendor shall provide site support with information on minimum technical requirements to SSO & HR Sync, course content summaries, and all data (metrics) relevant to NIMH’s site usage.

4. Quantity: 1,600

(ix) The specific salient characteristics/required features, product specifications and packaging for this acquisition are specified in the attached Purchase Description.

(x) 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 (Nov 2024)

• FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020)

• FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial

Services (Sep 2023)

• FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (May

2024)

• FAR 52.225-2, Buy American Certificate (Oct 2022)

• HHSAR 352.239-74, Electronic and Information Technology Accessibility

(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:

(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 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

• FAR 52.212-4, Contract Terms and Conditions—Commercial Products and

Commercial Services (Nov 2023). Addendum to this FAR clause applies to this acquisition and is attached.

• HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity

Investigations (December 18, 2015)

• 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.

Offerors MUST complete the provisions at 52.204-24 and 52.204-26 and submit completed copies as separate documents with their proposal.

• FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

• FAR 52.204-26 Covered Telecommunications Equipment or Services- Representation (Oct 2020)

• FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders--Commercial Items (Jan 2025)

• NIH Invoice and Payment Provisions

(xi) The Government will evaluate quotations or offers in accordance with FAR 13.106-2 and award decision will be based on a Lowest Price Technically Acceptable (LPTA). In order to be technically acceptable, the product must be in a new condition and meet all the salient characteristics/required features and specifications listed in the attached product description.

(xii) 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.

(xiii) The clause at FAR 52.212-4, Contract Terms and Conditions—Commercial Products and

Commercial Services (Nov 2023). Addendum to this FAR clause applies to this acquisition and is attached.

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

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

(xvi) Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. The price quote shall include: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or

Origin), product or catalog number(s), product description, and any other information or factors that may be considered in the award decision. Such factors may include: past performance, special features required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, and environmental and energy efficiency considerations.

http://www.sam.gov/

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 (SAM) www.sam.gov.

All offers must be received by 4:00 p.m., Eastern Time, on January 31, 2025, and reference Solicitation Number NIMH25001328. Responses must be submitted electronically to Joseph Kennedy, Contract Specialist at joseph.kennedy@nih.gov.

Fax responses will not be accepted.

ATTACHMENTS

1. Purchase Description;

2. FAR 52.204-24 (Nov 2021);

3. FAR 52.204-26 (Oct 2020);

4. FAR 52.212-3 (Feb 2024);

5. FAR 52.212-5 (Feb 2024); and

6. IPP Invoice Instructions http://www.sam.gov/

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

PURCHASE DESCRIPTION

1. Statement of Need and Purpose

The National Institute of Mental Health (NIMH) requires a digital library of content that's accessible to all of its employees to support the IC's Diversity, Equity, Inclusion, Accessibility, and Anti-Racism (DEIAA) initiative. NIMH's purpose for this acquisition is to acquire a tool to enhance its knowledge of DEIAA topics, thereby creating a healthier workplace and strengthening its workforce through a socialized understanding of the importance of inclusion and respect for cultural differences.

The NIMH seeks a technology-based application capable of allowing our IC to curate a curriculum, provide on-demand online training, offer aimed assessments, and deliver analytical measurements to support the efficacy of building a training program designed to foster an inclusive and respectful workplace by utilizing a platform that gives instruction on ethics, respect, and inclusion to instill core competencies that are essential to a healthy workplace culture.

2. Background Information and Objective

The NIMH has initiated several activities and plans to support the IC's diversity, equity, and inclusion (DEI) goals and priorities. To ensure organizational alignment, effective communications, support of transparency goals, and the bolstering of a culture of psychological safety, trust, inclusion, and belonging, the NIMH requires on-demand training that supports centering actionable DEI activities around proposed planning and resources dedicated to this initiative and meets with the organization's objective.

NIMH believes the digital course library will be advantageous to the government by reducing the burden on the level of resources required to 1) conduct staff assessments on the challenges NIMH faces within these areas; 2) developing analytical tools the IC seeks to support this effort; 3) coordinating multiple in-person training sessions for 1600

NIMH employees.

3. Generic Name of Product: Respect, Inclusion, and Ethics Pillars (Digital Platform and

Training Modules)

4. Purchase Description: Respect, Inclusion, and Ethics Pillars (All Courses)

Salient Characteristics:

The three (3) pillars offer foundational courses on respect, ethics, and creating an inclusive workplace culture.

The software license package will include the following:

• Licensing for full access to all digital content under the designated pillars.

• A commercial product designed for NIMH to structure training content to our individualized demands. The training offers modules and coursework that provide flexibility to enable content restructuring for alignment with current organizational needs

• A library with interactive video microlessons that engage employees with compelling real-world scenarios developed to enhance the experience and motivate learners while reinforcing key concepts.

• A platform that allows NIMH to curate digitized dialogue for our employees and the capability to re-adjust NIMH-driven content based on targeted microlessons and media.

• Using a diagnostic approach, the digital platform identifies issues and behavioral changes. It supports problem-solving through embedded dialogue-based research tools within the learner’s microlessons to isolate ethics, respect, and inclusion issues.

• A platform provides real-time statistics using benchmarked indicators, question-level detailed analysis, data-powered recommended actions, risk diagnostics, organizational progress, and recommendations to address areas for improvement. Recommends actions to take immediate steps with customized, research-based content to support changing undesired behavior in the workplace.

• A product fully captures potential vulnerabilities through a linked risk assessment tool that offers detailed graphical analysis and robust reporting on anonymous responses to in-training questions, demonstrating top EEO and business compliance risks.

• Offers a dedicated support structure that will work with NIMH staff over the licensure period. This team comprises experts in ethics and culture, leadership and coaching, and IT security and data privacy. Additionally, partnerships with respected workplace professionals and subject matter experts.

User License

• License agreement for a one (1) year term, with option years

• Provide transferrable SCORM files for the HHS Learning Management System

(LMS)

• Provide training to the designated NIMH system administrator(s)

Ongoing Partnership and Support

• NIMH shall receive a designated Implementation Manager, Client Manager, and

Client Account Executive to partner with the IC throughout the contract term.

• NIMH will have 24/7 access to the vendor’s technical support team.

Support Information Site

• The vendor shall provide site support with information on minimum technical requirements to SSO & HR Sync, course content summaries, and all data (metrics) relevant to NIMH’s site usage.

5. Quantity: 1,600

6. Delivery Date: No later than 15 business days after the award date.

7. Period of Performance: Twelve (12) months from the Contractor's issuance of licenses to NIMH.

8. Option(s): The NIMH seeks four (4) option years for this acquisition.

Name of Authorized Individual Signature of Authorized Individual Date

Title Name of Organization

52.204-26 Covered Telecommunications Equipment or Services-Representation

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it does, does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it does, does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

CERTIFICATION:

Name of Authorized Individual Signature of Authorized Individual Date

Title Name of Organization

52.212-3 Offeror Representations and Certifications-Commercial Items (May 2024)

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

CERTIFICATION:

Signature of Authorized Individual Date

Title:

Organization:

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (Jan 2025)

[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/52.240-1 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 https://www.acquisition.gov/far/52.242-5 https://www.acquisition.gov/far/52.247-69

FAR 52.212-5 as of FAC 2025-02 (01/03/2025) Edited 01/06/2025

Updated on April 21, 2022

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’s Representative:

Approving Official: Contracting Officer Name- Email Address-

Contracting Officer’s Representative Name- Email Address-

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 (November 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.

(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)

Invoicing Instructions

(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)).

(E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(42 U.S.C. 5150).

226-8 text: Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

(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.

(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.