Att. 07_Article I.1. General Clauses.pdf

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Study Coordinating Center for Lung Health Cohort
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RFP-75N92026R00008
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This file is a general clauses attachment for HHS cost-reimbursement contracts that incorporates standard federal acquisition requirements by reference rather than in full text.

The document provides four separate sets of general clauses applicable to different contract types: cost-reimbursement contracts with educational institutions, cost-reimbursement contracts with non-profit organizations other than educational institutions, cost-reimbursement research and development contracts, and cost-reimbursement service contracts. Each section incorporates Federal Acquisition Regulation (FAR) clauses from 48 CFR Chapter 1 and Department of Health and Human Services Acquisition Regulation (HHSAR) clauses from 48 CFR Chapter 3 by reference. The FAR clauses address standard federal requirements including audit and records, competition in subcontracting, cost allowability, employment matters (equal opportunity, anti-trafficking, drug-free workplace), intellectual property rights, payment terms, government property use, and dispute resolution. The HHSAR clauses cover anti-lobbying, contractor cooperation in equal employment opportunity investigations, publications and publicity, litigation and claims, and key personnel requirements. Specific clauses apply based on contract dollar thresholds, including the Simplified Acquisition Threshold and thresholds of $150,000, $750,000, and $800,000. The document notes that full text of clauses is available upon request from the Contracting Officer or electronically at https://www.acquisition.gov/ for FAR clauses and the HHS website for HHSAR clauses.

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Attachment 04 - Reps_and_Certs_Section_K_Forms_0526.docx DOCX document
75N92026R00008_Amendment_01.pdf PDF
questions and responses.pdf PDF
Att. 03 Statement of Work.pdf PDF
Att. 05 Reporting Requirements_Deliverables.pdf PDF
Att. 08 Inclusion Enrollment Report.pdf PDF
Att. 02 Proposal Intent Response Form.pdf PDF
Att. 19 Invoice Financing Request-Cost Reimbursement NIH(RC)-4.pdf PDF
Att. 14 Small Business Subcontracting Plan -SBCX Guide.pdf PDF
Att. 06_Additional Business Instructions.pdf PDF
Att. 11 Protection of Human Subject Assurance.pdf PDF
Att. 21 Public Health Surveillance Exclusion Request.pdf PDF
Att. 01 Packaging and Delivery of Proposals.pdf PDF
Att. 04 Section K- Representations, Certifications.pdf PDF
RFP_75N92026R00008_Lung_Health_Cohort.pdf PDF
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ARTICLE I.1. GENERAL CLAUSES FOR A COST-REIMBURSEMENT CONTRACT WITH EDUCATIONAL

INSTITUTIONS

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/ . HHSAR Clauses at: https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html .

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

FAR

CLAUSE NO.

DATE TITLE

52.202-1 Jun 2020 Definitions (Over the Simplified Acquisition Threshold) 52.203-3 Apr 1984 Gratuities (Over the Simplified Acquisition Threshold) 52.203-5 May 2014 Covenant Against Contingent Fees (Over the Simplified Acquisition

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

Simplified Acquisition Threshold) 52.203-7 Jun 2020 Anti-Kickback Procedures (Over $150,000) 52.203-8 May 2014 Cancellation, Rescission, and Recovery of Funds for Illegal or 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) 52.203-17 Nov 2023 Contractor Employee Whistleblower Rights and Requirements to Inform

Employees of Whistleblower Rights (Over the Simplified Acquisition Threshold)

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 52.204-13 Oct 2018 System for Award Management Maintenance 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 52.215-2 Oct 2010 Audit and Records - Negotiation [Note: Applies to ALL contracts funded in whole or in part with Recovery Act funds, regardless of dollar value, AND contracts over the Simplified Acquisition Threshold funded exclusively with non-Recovery Act funds.], Alternate II (Aug 2016)

52.215-8 Oct 1997 Order of Precedence - Uniform Contract Format 52.215-10 Aug 2011 Price Reduction for Defective Certified Cost or Pricing Data (Over

$750,000)

General Clauses ATTACHMENT 7 https://www.acquisition.gov/browse/index/far https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2F&data=05%7C02%7Cjanet.mattson%40nih.gov%7Cfbd6e260b4014321f52e08dcde3af35e%7C14b77578977342d58507251ca2dc2b06%7C0%7C0%7C638629591980276039%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=JpdcDxAsS1Zsp%2BxPayDXh2RxeABSggF3Cw3s%2Bi5R3kI%3D&reserved=0 https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html

FAR

CLAUSE NO.

DATE TITLE

52.215-12 Aug 2020 Subcontractor Certified Cost or Pricing Data 52.215-14 Nov 2021 Integrity of Unit Prices (Over the Simplified Acquisition Threshold) 52.215-15 Oct 2010 Pension Adjustments and Asset Reversions (Over $750,000) 52.215-18 Jul 2005 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions 52.215-19 Oct 1997 Notification of Ownership Changes 52.215-21 Nov 2021 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data - Modifications 52.215-23 Jun 2020 Limitations on Pass-Through Charges (Over the Simplified Acquisition

Threshold) 52.216-7 Aug 2018 Allowable Cost and Payment, Alternate II (Aug 2012) 52.216-11 Apr 1984 Cost Contract - No Fee 52.219-8 Feb 2024 Utilization of Small Business Concerns (Over the Simplified Acquisition

Threshold) 52.219-9 Sep 2023 Small Business Subcontracting Plan (Over $750,000, $1.5 million for

Construction) 52.219-14 Oct 2022 Limitations on Subcontracting 52.219-16 Sep 2021 Liquidated Damages - Subcontracting Plan (Over $750,000, $1.5 million for Construction) 52.222-2 Jul 1990 Payment for Overtime Premium (Over the Simplified Acquisition

Threshold) (Note: The dollar amount in paragraph (a) of this clause is $0 unless otherwise specified in the contract.)

52.222-3 Jun 2003 Convict Labor 52.222-21 Apr 2015 Prohibition of Segregated Facilities 52.222-26 Sep 2016 Equal Opportunity 52.222-35 Jun 2020 Equal Opportunity for Veterans ($150,000 or more) 52.222-36 Jun 2020 Equal Opportunity for Workers with Disabilities 52.222-37 Jun 2020 Employment Reports on Veterans ($150,000 or more) 52.222-40 Dec 2010 Notification of Employee Rights Under the National Labor Relations Act

(Over the Simplified Acquisition Threshold) 52.222-50 Nov 2021 Combating Trafficking in Persons 52.222-54 May 2022 Employment Eligibility Verification (Over $150,000) 52.226-7 May 2024 Drug-Free Workplace 52.226-8 May 2024 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1 Oct 2022 Buy American - Supplies 52.225-13 Feb 2021 Restrictions on Certain Foreign Purchases 52.227-1 Jun 2020 Authorization and Consent, Alternate I (Apr 1984) 52.227-2 Jun 2020 Notice and Assistance Regarding Patent and Copyright 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.

52.227-14 Dec 2007 Rights in Data - General, Alternate IV (Dec 2007) 52.232-9 Apr 1984 Limitation on Withholding of Payments 52.232-20 Apr 1984 Limitation of Cost

General Clauses ATTACHMENT 7

DATE TITLE

52.232-23 May 2014 Assignment of Claims 52.232-25 Jan 2017 Prompt Payment, Alternate I (Feb 2002) 52.232-33 Oct 2018 Payment by Electronic Funds Transfer--System for Award Management 52.232-39 Jun 2013 Unenforceability of Unauthorized Obligations 52.233-1 May 2014 Disputes 52.233-3 Aug 1996 Protest After Award, Alternate I (Jun 1985) 52.233-4 Oct 2004 Applicable Law for Breach of Contract Claim 52.242-1 Apr 1984 Notice of Intent to Disallow Costs 52.242-4 Jan 1997 Certification of Final Indirect Costs 52.242-13 Jul 1995 Bankruptcy (Over the Simplified Acquisition Threshold) 52.244-2 Jun 2020 Subcontracts (Over the Simplified Acquisition Threshold), Alternate I (June

2007) 52.244-5 Dec 1996 Competition in Subcontracting (Over the Simplified Acquisition Threshold) 52.244-6 Feb 2024 Subcontracts for Commercial Products and Commercial Services 52.245-1 Sep 2021 Government Property, Alternate II (April 2012) 52.245-9 Apr 2012 Use and Charges 52.246-23 Feb 1997 Limitation of Liability (Over the Simplified Acquisition Threshold) 52.249-6 May 2004 Termination (Cost-Reimbursement) 52.249-14 Apr 1984 Excusable Delays 52.253-1 Jan 1991 Computer Generated Forms

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR

CHAPTER 3) CLAUSES:

HHSAR

CLAUSE NO.

DATE TITLE

352.203-70 Dec 2015 Anti-Lobbying 352.222-70 Dec 2015 Contractor Cooperation in Equal Employment Opportunity Investigations 352.227-70 Dec 2015 Publications and Publicity 352.233-71 Dec 2015 Litigation and Claims 352.237-75 Dec 2015 Key Personnel

[End of GENERAL CLAUSES FOR A NEGOTIATED COST-REIMBURSEMENT CONTRACT W_EDUCATIONAL INSTITUTION- Rev. 07/2024].

ARTICLE I.1. GENERAL CLAUSES FOR A COST-REIMBURSEMENT CONTRACT WITH NON-PROFIT

ORGANIZATIONS OTHER THAN EDUCATIONAL INSTITUTIONS

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/ . HHSAR Clauses at: https://www.hhs.gov/grants-

General Clauses ATTACHMENT 7 https://www.acquisition.gov/browse/index/far https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2F&data=05%7C02%7Cjanet.mattson%40nih.gov%7Cfbd6e260b4014321f52e08dcde3af35e%7C14b77578977342d58507251ca2dc2b06%7C0%7C0%7C638629591980276039%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=JpdcDxAsS1Zsp%2BxPayDXh2RxeABSggF3Cw3s%2Bi5R3kI%3D&reserved=0 https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html .

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

FAR

CLAUSE NO.

DATE TITLE

52.202-1 Jun 2020 Definitions (Over the Simplified Acquisition Threshold) 52.203-3 Apr 1984 Gratuities (Over the Simplified Acquisition Threshold) 52.203-5 May 2014 Covenant Against Contingent Fees (Over the Simplified Acquisition

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

Simplified Acquisition Threshold) 52.203-7 Jun 2020 Anti-Kickback Procedures (Over $150,000) 52.203-8 May 2014 Cancellation, Rescission, and Recovery of Funds for Illegal or 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) 52.203-17 Nov 2023 Contractor Employee Whistleblower Rights and Requirements to Inform

Employees of Whistleblower Rights (Over the Simplified Acquisition Threshold)

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 52.204-13 Oct 2018 System for Award Management Maintenance 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 52.215-2 Oct 2010 Audit and Records - Negotiation [Note: Applies to ALL contracts funded in whole or in part with Recovery Act funds, regardless of dollar value, AND contracts over the Simplified Acquisition Threshold funded exclusively with non-Recovery Act funds.], Alternate II (Aug 2016)

52.215-8 Oct 1997 Order of Precedence - Uniform Contract Format 52.215-10 Aug 2011 Price Reduction for Defective Certified Cost or Pricing Data (Over

$750,000) 52.215-12 Aug 2020 Subcontractor Certified Cost or Pricing Data 52.215-14 Nov 2021 Integrity of Unit Prices (Over the Simplified Acquisition Threshold) 52.215-15 Oct 2010 Pension Adjustments and Asset Reversions (Over $750,000) 52.215-18 Jul 2005 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions 52.215-19 Oct 1997 Notification of Ownership Changes

General Clauses ATTACHMENT 7 https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html

DATE TITLE

52.215-21 Nov 2021 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications

52.215-23 Jun 2020 Limitations on Pass-Through Charges (Over the Simplified Acquisition Threshold)

52.216-7 Aug 2018 Allowable Cost and Payment, Alternate IV (Aug 2012) 52.216-11 Apr 1984 Cost Contract - No Fee 52.219-8 Feb 2024 Utilization of Small Business Concerns (Over the Simplified Acquisition

Threshold) 52.219-9 Sep 2023 Small Business Subcontracting Plan (Over $750,000, $1.5 million for

Construction) 52.219-14 Oct 2022 Limitations on Subcontracting 52.219-16 Sep 2021 Liquidated Damages - Subcontracting Plan (Over $750,000, $1.5 million for Construction) 52.222-2 Jul 1990 Payment for Overtime Premium (Over the Simplified Acquisition

Threshold) (Note: The dollar amount in paragraph (a) of this clause is $0 unless otherwise specified in the contract.)

52.222-3 Jun 2003 Convict Labor 52.222-21 Apr 2015 Prohibition of Segregated Facilities 52.222-26 Sep 2016 Equal Opportunity 52.222-35 Jun 2020 Equal Opportunity for Veterans ($150,000 or more) 52.222-36 Jun 2020 Equal Opportunity for Workers with Disabilities 52.222-37 Jun 2020 Employment Reports on Veterans ($150,000 or more) 52.222-40 Dec 2010 Notification of Employee Rights Under the National Labor Relations Act

(Over the Simplified Acquisition Threshold) 52.222-50 Nov 2021 Combating Trafficking in Persons 52.222-54 May 2022 Employment Eligibility Verification (Over $150,000) 52.226-7 May 2024 Drug-Free Workplace 52.226-8 May 2024 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1 Oct 2022 Buy American - Supplies 52.225-13 Feb 2021 Restrictions on Certain Foreign Purchases 52.227-1 Jun 2020 Authorization and Consent, Alternate I (Apr 1984) 52.227-2 Jun 2020 Notice and Assistance Regarding Patent and Copyright 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.

52.227-14 Dec 2007 Rights in Data - General, Alternate IV (Dec 2007) 52.232-9 Apr 1984 Limitation on Withholding of Payments 52.232-20 Apr 1984 Limitation of Cost 52.232-23 May 2014 Assignment of Claims 52.232-25 Jan 2017 Prompt Payment, Alternate I (Feb 2002) 52.232-33 Oct 2018 Payment by Electronic Funds Transfer--System for Award Management 52.232-39 Jun 2013 Unenforceability of Unauthorized Obligations 52.233-1 May 2014 Disputes 52.233-3 Aug 1996 Protest After Award, Alternate I (Jun 1985)

DATE TITLE

52.233-4 Oct 2004 Applicable Law for Breach of Contract Claim 52.242-1 Apr 1984 Notice of Intent to Disallow Costs 52.242-3 Dec 2022 Penalties for Unallowable Costs (Over $800,000) 52.242-4 Jan 1997 Certification of Final Indirect Costs 52.242-13 Jul 1995 Bankruptcy (Over the Simplified Acquisition Threshold) 52.243-2 Aug 1987 Changes - Cost Reimbursement, Alternate V (Apr 1984) 52.244-2 Jun 2020 Subcontracts (Over the Simplified Acquisition Threshold), Alternate I (June

2007) 52.244-5 Dec 1996 Competition in Subcontracting (Over the Simplified Acquisition Threshold) 52.244-6 Feb 2024 Subcontracts for Commercial Products and Commercial Services 52.245-1 Sep 2021 Government Property, Alternate II (April 2012) 52.245-9 Apr 2012 Use and Charges 52.246-23 Feb 1997 Limitation of Liability (Over the Simplified Acquisition Threshold) 52.249-6 May 2004 Termination (Cost-Reimbursement)

HHSAR

CLAUSE NO.

DATE TITLE

352.203-70 Dec 2015 Anti-Lobbying 352.222-70 Dec 2015 Contractor Cooperation in Equal Employment Opportunity Investigations 352.227-70 Dec 2015 Publications and Publicity

[End of GENERAL CLAUSES FOR A NEGOTIATED COST-REIMBURSEMENT CONTRACT W_NON-PROFIT- Rev. 07/2024].

ARTICLE I.1. GENERAL CLAUSES FOR A COST-REIMBURSEMENT RESEARCH AND DEVELOPMENT

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/ . HHSAR Clauses at: https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html .

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

General Clauses ATTACHMENT 7 https://www.acquisition.gov/browse/index/far https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2F&data=05%7C02%7Cjanet.mattson%40nih.gov%7Cfbd6e260b4014321f52e08dcde3af35e%7C14b77578977342d58507251ca2dc2b06%7C0%7C0%7C638629591980276039%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=JpdcDxAsS1Zsp%2BxPayDXh2RxeABSggF3Cw3s%2Bi5R3kI%3D&reserved=0 https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html

DATE TITLE

52.202-1 Jun 2020 Definitions (Over the Simplified Acquisition Threshold) 52.203-3 Apr 1984 Gratuities (Over the Simplified Acquisition Threshold) 52.203-5 May 2014 Covenant Against Contingent Fees (Over the Simplified Acquisition

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

Simplified Acquisition Threshold) 52.203-7 Jun 2020 Anti-Kickback Procedures (Over $150,000) 52.203-8 May 2014 Cancellation, Rescission, and Recovery of Funds for Illegal or 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) 52.203-17 Nov 2023 Contractor Employee Whistleblower Rights and Requirements to Inform

Employees of Whistleblower Rights (Over the Simplified Acquisition Threshold)

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 52.204-13 Oct 2018 System for Award Management Maintenance 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 52.215-2 Jun 2020 Audit and Records - Negotiation 52.215-8 Oct 1997 Order of Precedence - Uniform Contract Format 52.215-10 Aug 2011 Price Reduction for Defective Certified Cost or Pricing Data (Over

$750,000) 52.215-12 Aug 2020 Subcontractor Certified Cost or Pricing Data 52.215-14 Nov 2021 Integrity of Unit Prices (Over the Simplified Acquisition Threshold) 52.215-15 Oct 2010 Pension Adjustments and Asset Reversions (Over $750,000) 52.215-18 Jul 2005 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions 52.215-19 Oct 1997 Notification of Ownership Changes 52.215-21 Nov 2021 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data - Modifications 52.215-23 Jun 2020 Limitations on Pass-Through Charges (Over the Simplified Acquisition

Threshold) 52.216-7 Aug 2018 Allowable Cost and Payment 52.216-8 Jun 2011 Fixed Fee 52.219-8 Feb 2024 Utilization of Small Business Concerns (Over the Simplified Acquisition

Threshold)

DATE TITLE

52.219-9 Sep 2023 Small Business Subcontracting Plan (Over $750,000, $1.5 million for Construction)

52.219-14 Oct 2022 Limitations on Subcontracting 52.219-16 Sep 2021 Liquidated Damages - Subcontracting Plan (Over $750,000, $1.5 million for Construction) 52.222-2 Jul 1990 Payment for Overtime Premium (Over the Simplified Acquisition

Threshold) (Note: The dollar amount in paragraph (a) of this clause is $0 unless otherwise specified in the contract.)

52.222-3 Jun 2003 Convict Labor 52.222-21 Apr 2015 Prohibition of Segregated Facilities 52.222-26 Sep 2016 Equal Opportunity 52.222-35 Jun 2020 Equal Opportunity for Veterans ($150,000 or more) 52.222-36 Jun 2020 Equal Opportunity for Workers with Disabilities 52.222-37 Jun 2020 Employment Reports on Veterans ($150,000 or more) 52.222-40 Dec 2010 Notification of Employee Rights Under the National Labor Relations Act

(Over the Simplified Acquisition Threshold) 52.222-50 Nov 2021 Combating Trafficking in Persons 52.222-54 May 2022 Employment Eligibility Verification (Over $150,000) 52.226-7 May 2024 Drug-Free Workplace 52.226-8 May 2024 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1 Oct 2022 Buy American - Supplies 52.225-13 Feb 2021 Restrictions on Certain Foreign Purchases 52.227-1 Jun 2020 Authorization and Consent, Alternate I (Apr 1984) 52.227-2 Jun 2020 Notice and Assistance Regarding Patent and Copyright 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.

52.227-14 May 2014 Rights in Data - General 52.232-9 Apr 1984 Limitation on Withholding of Payments 52.232-17 May 2014 Interest (Over the Simplified Acquisition Threshold) 52.232-20 Apr 1984 Limitation of Cost 52.232-23 May 2014 Assignment of Claims 52.232-25 Jan 2017 Prompt Payment, Alternate I (Feb 2002) 52.232-33 Oct 2018 Payment by Electronic Funds Transfer--System for Award Management 52.232-39 Jun 2013 Unenforceability of Unauthorized Obligations 52.233-1 May 2014 Disputes 52.233-3 Aug 1996 Protest After Award, Alternate I (Jun 1985) 52.233-4 Oct 2004 Applicable Law for Breach of Contract Claim 52.242-1 Apr 1984 Notice of Intent to Disallow Costs 52.242-3 Dec 2022 Penalties for Unallowable Costs (Over $800,000) 52.242-4 Jan 1997 Certification of Final Indirect Costs 52.242-13 Jul 1995 Bankruptcy (Over the Simplified Acquisition Threshold) 52.243-2 Aug 1987 Changes - Cost Reimbursement, Alternate V (Apr 1984)

DATE TITLE

52.244-2 Jun 2020 Subcontracts (Over the Simplified Acquisition Threshold), Alternate I (June 2007)

52.244-5 Dec 1996 Competition in Subcontracting (Over the Simplified Acquisition Threshold) 52.244-6 Feb 2024 Subcontracts for Commercial Products and Commercial Services 52.245-1 Sep 2021 Government Property 52.245-9 Apr 2012 Use and Charges 52.246-23 Feb 1997 Limitation of Liability (Over the Simplified Acquisition Threshold) 52.249-6 May 2004 Termination (Cost-Reimbursement)

HHSAR

CLAUSE NO.

DATE TITLE

352.203-70 Dec 2015 Anti-Lobbying 352.222-70 Dec 2015 Contractor Cooperation in Equal Employment Opportunity Investigations 352.227-70 Dec 2015 Publications and Publicity

[End of GENERAL CLAUSES FOR A NEGOTIATED COST-REIMBURSEMENT RESEARCH AND DEVELOPMENT CONTRACT- Rev. 07/2024].

ARTICLE I.1. GENERAL CLAUSES FOR A COST-REIMBURSEMENT SERVICE 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/ . HHSAR Clauses at: https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html .

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

FAR

CLAUSE NO.

DATE TITLE

52.202-1 Jun 2020 Definitions (Over the Simplified Acquisition Threshold) 52.203-3 Apr 1984 Gratuities (Over the Simplified Acquisition Threshold) 52.203-5 May 2014 Covenant Against Contingent Fees (Over the Simplified Acquisition

Threshold)

General Clauses ATTACHMENT 7 https://www.acquisition.gov/browse/index/far https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2F&data=05%7C02%7Cjanet.mattson%40nih.gov%7Cfbd6e260b4014321f52e08dcde3af35e%7C14b77578977342d58507251ca2dc2b06%7C0%7C0%7C638629591980276039%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=JpdcDxAsS1Zsp%2BxPayDXh2RxeABSggF3Cw3s%2Bi5R3kI%3D&reserved=0 https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html

DATE TITLE

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

52.203-7 Jun 2020 Anti-Kickback Procedures (Over $150,000) 52.203-8 May 2014 Cancellation, Rescission, and Recovery of Funds for Illegal or 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) 52.203-17 Nov 2023 Contractor Employee Whistleblower Rights and Requirements to Inform

Employees of Whistleblower Rights (Over the Simplified Acquisition Threshold)

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 52.204-13 Oct 2018 System for Award Management Maintenance 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 52.215-2 Jun 2020 Audit and Records - Negotiation 52.215-8 Oct 1997 Order of Precedence - Uniform Contract Format 52.215-10 Aug 2011 Price Reduction for Defective Certified Cost or Pricing Data (Over

$750,000) 52.215-12 Aug 2020 Subcontractor Certified Cost or Pricing Data 52.215-15 Oct 2010 Pension Adjustments and Asset Reversions (Over $750,000) 52.215-18 Jul 2005 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions 52.215-19 Oct 1997 Notification of Ownership Changes 52.215-21 Nov 2021 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data - Modifications 52.215-23 Jun 2020 Limitations on Pass-Through Charges (Over the Simplified Acquisition

Threshold) 52.216-7 Aug 2018 Allowable Cost and Payment 52.216-8 Jun 2011 Fixed Fee 52.219-8 Feb 2024 Utilization of Small Business Concerns (Over the Simplified Acquisition

Threshold) 52.219-9 Sep 2023 Small Business Subcontracting Plan (Over $750,000, $1.5 million for

Construction) 52.219-14 Oct 2022 Limitations on Subcontracting 52.219-16 Sep 2021 Liquidated Damages - Subcontracting Plan (Over $750,000, $1.5 million for Construction)

DATE TITLE

52.222-2 Jul 1990 Payment for Overtime Premium (Over the Simplified Acquisition Threshold) (Note: The dollar amount in paragraph (a) of this clause is $0 unless otherwise specified in the contract.)

52.222-3 Jun 2003 Convict Labor 52.222-21 Apr 2015 Prohibition of Segregated Facilities 52.222-26 Sep 2016 Equal Opportunity 52.222-35 Jun 2020 Equal Opportunity for Veterans ($150,000 or more) 52.222-36 Jun 2020 Equal Opportunity for Workers with Disabilities 52.222-37 Jun 2020 Employment Reports on Veterans ($150,000 or more) 52.222-40 Dec 2010 Notification of Employee Rights Under the National Labor Relations Act

(Over the Simplified Acquisition Threshold) 52.222-50 Nov 2021 Combating Trafficking in Persons 52.222-54 May 2022 Employment Eligibility Verification (Over $150,000) 52.226-7 May 2024 Drug-Free Workplace 52.226-8 May 2024 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1 Oct 2022 Buy American - Supplies 52.225-13 Feb 2021 Restrictions on Certain Foreign Purchases 52.227-1 Jun 2020 Authorization and Consent 52.227-2 Jun 2020 Notice and Assistance Regarding Patent and Copyright Infringement 52.227-14 May 2014 Rights in Data - General 52.232-9 Apr 1984 Limitation on Withholding of Payments 52.232-17 May 2014 Interest (Over the Simplified Acquisition Threshold) 52.232-20 Apr 1984 Limitation of Cost 52.232-23 May 2014 Assignment of Claims 52.232-25 Jan 2017 Prompt Payment, Alternate I (Feb 2002) 52.232-33 Oct 2018 Payment by Electronic Funds Transfer--System for Award Management 52.232-39 Jun 2013 Unenforceability of Unauthorized Obligations 52.233-1 May 2014 Disputes 52.233-3 Aug 1996 Protest After Award, Alternate I (Jun 1985) 52.233-4 Oct 2004 Applicable Law for Breach of Contract Claim 52.242-1 Apr 1984 Notice of Intent to Disallow Costs 52.242-3 Dec 2022 Penalties for Unallowable Costs (Over $800,000) 52.242-4 Jan 1997 Certification of Final Indirect Costs 52.242-13 Jul 1995 Bankruptcy (Over the Simplified Acquisition Threshold) 52.243-2 Aug 1987 Changes - Cost Reimbursement, Alternate I (Apr 1984) 52.244-2 Jun 2020 Subcontracts (Over the Simplified Acquisition Threshold), Alternate I (June

2007) 52.244-5 Dec 1996 Competition in Subcontracting (Over the Simplified Acquisition Threshold) 52.244-6 Feb 2024 Subcontracts for Commercial Products and Commercial Services 52.245-1 Sep 2021 Government Property 52.245-9 Apr 2012 Use and Charges 52.246-25 Feb 1997 Limitation of Liability - Services (Over the Simplified Acquisition Threshold) 52.249-6 May 2004 Termination (Cost-Reimbursement) 52.249-14 Apr 1984 Excusable Delays

DATE TITLE

52.253-1 Jan 1991 Computer Generated Forms

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR

CHAPTER 3) CLAUSES:

HHSAR

CLAUSE NO.

DATE TITLE

352.203-70 Dec 2015 Anti-Lobbying 352.222-70 Dec 2015 Contractor Cooperation in Equal Employment Opportunity Investigations 352.227-70 Dec 2015 Publications and Publicity 352.233-71 Dec 2015 Litigation and Claims 352.237-75 Dec 2015 Key Personnel

[End of GENERAL CLAUSES FOR A NEGOTIATED COST-REIMBURSEMENT SERVICE CONTRACT- Rev.

07/2024].

ARTICLE I.1. GENERAL CLAUSES FOR A COST-REIMBURSEMENT CONTRACT WITH EDUCATIONAL INSTITUTIONS
ARTICLE I.1. GENERAL CLAUSES FOR A COST-REIMBURSEMENT CONTRACT WITH NON-PROFIT ORGANIZATIONS OTHER THAN EDUCATIONAL INSTITUTIONS
ARTICLE I.1. GENERAL CLAUSES FOR A COST-REIMBURSEMENT RESEARCH AND DEVELOPMENT CONTRACT
ARTICLE I.1. GENERAL CLAUSES FOR A COST-REIMBURSEMENT SERVICE CONTRACT

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