APPENDIX E General Clauses.docx

APPENDIX E. GENERAL CLAUSES FOR A FIXED-PRICE RESEARCH AND DEVELOPMENT SBIR / STTR CONTRACT This contract incorporates the following 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 as follows: FAR Clauses at: https://www.acquisition.gov/browse/index/far . HHSAR Clauses at: https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part352-solicitation-provisions-contract-clauses/index.html ; GSA Clauses at: https://www.acquisition.gov/browse/index/gsam.

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES:

FAR DATE TITLE

CLAUSE NO.

Acquisition Threshold) 52.203-6 Jun 2020 Restrictions on Subcontractor Sales to the Government (Over the Simplified Acquisition Threshold)

Improper Activity (Over the Simplified Acquisition Threshold) 52.203-10 May 2014 Price or Fee Adjustment for Illegal or Improper Activity (Over the Simplified Acquisition Threshold) 52.203-12 Jun 2020 Limitation on Payments to Influence Certain Federal Transactions (Over $150,000)

Including at or below the Simplified Acquisition Threshold including Commercially Available Off-the-Shelf Items) 52.203-19 Jan 2017 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-4 May 2011 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (Over the Simplified Acquisition Threshold) 52.204-10 Jun 2020 Reporting Executive Compensation and First-Tier Subcontract Awards

Certifications 52.204-23 Dec 2023 Prohibition on Contracting for Hardware, Software and Services Developed or Provided by Kaspersky Lab Covered Entities 52.204-25 Nov 2021 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-6 Nov 2021 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

(Over $750,000)

Threshold)

Benefits (PRB) other than Pensions

Other Than Certified Cost or Pricing Data - Modifications

Acquisition Threshold)

Relations Act (Over the Simplified Acquisition Threshold)

Driving

Infringement 52.227-11 May 2014 Patent Rights - Ownership by the Contractor (Note: In accordance with FAR 27.303(b)(2), paragraph (e) is modified to include the requirements in FAR 27.303(b)(2)(i) through (iv). The frequency of reporting in (i) is annual.

Acquisition Threshold) 52.229-4 Feb 2013 Federal, State, and Local Taxes (State and Local Adjustments) (Over the Simplified Acquisition Threshold) 52.232-2 Apr 1984 Payments under Fixed-Price Research and Development Contracts

Management

Acquisition Threshold) 52.244-6 Dec 2023 Subcontracts for Commercial Products and Commercial Services 52.246-25 Feb 1997 Limitation of Liability - Services (Over the Simplified Acquisition Threshold) 52.249-2 Apr 2012 Termination for the Convenience of the Government (Fixed Price) 52.249-9 Apr 1984 Default (Fixed-Price Research and Development)(Over the Simplified Acquisition Threshold) 52.253-1 Jan 1991 Computer Generated Forms

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES:

HHSAR

Investigations

Public Health Service Policy on Humane Care and use of Laboratory Animals

Funding of Human Embryo Research

c. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED BY FULL TEXT 52.217-7 Option for Increased Quantity-Separately Priced Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

d. GENERAL SERVICES ACQUISITION MANUAL (GSAM) CLAUSES INCORPORATED BY FULL TEXT GSAM 552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITIONS OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2023) As prescribed in 512.301(a)(1), insert the following clause:

Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial Products and Commercial Services (OCT 2023) (a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial products, including commercial components, and commercial services. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The GSAR clauses in paragraph (b) of this section are incorporated by reference:

[The Contracting Officer should check the clauses that apply or delete the clauses that do not apply from the list. The Contracting Officer may add the date of the clause if desired for clarity.]

(b) Clauses.

552.203-71 Restriction on Advertising 552.211-73 Marking 552.219-70 Allocation of Orders–Partially Set-Aside Items 552.229-70 Federal, State, and Local Taxes 552.232-72 Final Payment Under Building Services Contracts 552.237-71 Qualifications of Employees 552.242-70 Status Report of Orders and Shipments (End of clause)

[End of GENERAL CLAUSES FOR A FIXED-PRICE RESEARCH AND DEVELOPMENT SBIR/ STTR].