Attachment 2 - Provisions and Clauses.pdf

Attachment No. 2 – Solicitation Provisions and Clauses RFQ 75H70426Q00040 Contract Disputes Act Claims Analysis Support

FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 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 this/these address(es):

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses

Provision Title Date

52.203-11 CerƟficaƟon and Disclosure Regarding Payments to Influence Certain Federal TransacƟons Sep 2024

52.203-18 ProhibiƟon on ContracƟng with EnƟƟes that Require Certain Internal ConfidenƟality Agreements or Statements-RepresentaƟon Jan 2017

52.204-7 System for Award Management Nov 2025

52.209-2 ProhibiƟon on ContracƟng with Inverted DomesƟc CorporaƟons- RepresentaƟon Nov 2015

52.209-11 RepresentaƟon by CorporaƟons Regarding Delinquent Tax Liability or a Felony ConvicƟon under any Federal Law Feb 2016

52.212-1 InstrucƟons to Offerors—Commercial Products and Commercial Services Nov 2025 52.212-2 EvaluaƟon—Commercial Products and Commercial Services Nov 2025

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial AcquisiƟon Nov 2021

52.217-5 EvaluaƟon of OpƟons Nov 2025 52.219-1 Small Business Program RepresentaƟons Feb 2024 52.240-90 Security ProhibiƟons and Exclusions RepresentaƟons and CerƟficaƟons Nov 2025

Provisions in Full Text

HHSAR 352.239-78 – Information and Communication Technology Accessibility Notice (Feb 2024)

(a) Any offeror responding to this solicitation must comply with established HHS Information and Communication Technology (ICT) accessibility standards. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-79 Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies, products, platforms, information, and documentation meet applicable Section 508 accessibility standards, offerors must submit an appropriate HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section- 508/accessibility-checklists/index.html or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), in accordance with the completion instructions. The purpose of the checklists and conformance reports are to assist HHS acquisition and program officials in determining whether proposed ICT supplies, products, platforms, information, and documentation conform to applicable Section 508 accessibility standards.

Checklists and ACRs evaluate—in detail—whether the ICT conforms to specific Section 508 accessibility standards and identifies remediation efforts needed to address conformance issues.

(c) If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies, products, platforms, information, documentation, or services support delivered do not conform to the described accessibility standards, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(d) In order to facilitate the Government's determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit an Accessibility Conformance Report, in accordance with its completion instructions and tailored to the requirements in the solicitation. The purpose of the Report is to assist HHS acquisition and program officials in determining whether proposed ICT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document, in detail, whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues.

Instructions for preparing the HHS Section 508 Evaluation Template are available at https://Section508.gov.

(e) In order to facilitate the Government's determination whether proposed ICT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the ICT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(f) Respondents to this solicitation must identify any inability to conform to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(g) Items delivered as electronic content must be accessible to HHS acceptance criteria. Checklist for various formats are available at http://508.hhs.gov. Materials, other than items incidental to contract management, that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Contracting Officer’s Representative.

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

52.252-2 Clauses Incorporated by Reference (Feb 1998) 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 this/these address(es):

FAR Overhaul - Part 52 | Acquisition.GOV

Clause Title Date

52.201-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984 52.203-6 Restrictions on Subcontractor Sales to the Government ALT I Jun 2020

Clause Title Date

52.203-17 Contractor Employee Whistleblower Rights Nov 2023

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-13 System for Award Management Maintenance Nov 2025

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

Nov 2025

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Nov 2025

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations June 2026

52.212-4 Terms and Conditions-Commercial Products and Commercial Services (ALT I) Nov 2025

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns Nov 2025

52.219-8 Utilization of Small Business Concerns Nov 2025 52.219-9 Small Business Subcontracting Plan Jan 2025

52.219-16 Liquidated Damages—Subcontracting Plan Nov 2025 52.219-28 Post-Award Small Business Program Representation Jan 2025 52.222-3 Convict Labor Nov 2025

52.222-35 Equal Opportunity for Veterans Nov 2025 52.222-36 Equal Opportunity for Workers with Disabilities Nov 2025 52.222-37 Employment Reports on Veterans Nov 2025

52.222-40 Notification of Employee Rights under the National Labor Relations Act Nov 2025

52.222-50 Combating Trafficking in Persons Nov 2025 52.222-54 Employment Eligibility Verification Nov 2025 52.222-90 Addressing DEI Discrimination By Federal Contractors Apr 2026 52.223-23 Sustainable Products and Services Nov 2025 52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.224-3 Privacy Training Jan 2017

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024

52.227-14 Rights in Data-General May 2014 52.228-5 Insurance – Work on a Government Installation Jan 1997

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation

Clause Title Date

52.232-17 Interest May 2014

52.232-33 Payment by Electronic Funds Transfer-System for Award Management Oct 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

52.233-1 Disputes Nov 2025 52.233-3 Protest After Award Nov 2025 52.233-4 Applicable Law for Breach of Contract Claim Nov 2025

52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984

52.240-91 Security Prohibitions and Exclusions Nov 2025

52.240-93 Basic Safeguarding of Covered Contractor Information Systems Nov 2025

52.242-5 Payments to Small Business Subcontractors Jan 2017

52.242-13 Bankruptcy Jul 1995

52.242-15 Stop-Work Order Aug 1989

52.244-6 Subcontracts for Commercial Products and Commercial Services Nov 2025

52.245-1 Government Property Sep 2021

52.254-9 Use and Charges Apr 2012

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) CLAUSES

Clause Title Date 352.203-70 Anti-lobbying Jun 2026 352.208-70 Printing and Duplication Feb 2026 352.219-70 Mentor Protégé Program Dec 2015 352.224-70 Notification of System of Records Notice Feb 2024 352.224-71 Confidential Information Feb 2024 352.231-70 Salary Rate Limitation Feb 2026 352.237-75 Key Personnel Dec 2015

Clauses in Full Text

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the terms of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

HHSAR 352.232-71 – Electronic Submission of Payment Requests (Apr 2026) Electronic Submission of Payment Requests

(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)

HHSAR 352.239-79 Information and Communication Technology Accessibility (Feb 2024)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all information and communication technology (ICT) supplies, products, platforms, information, documentation, and services support developed, acquired, maintained or delivered under this contract or order must comply with the Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and C, and are available at https://www.access-board.gov/ict/.

Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.

(b) Additional Section 508 accessibility standards applicable to this contract or order may be identified in the specification, statement of work, or performance work statement. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) In the event of a modification(s) to this contract or order, which adds new ICT supplies or services or revises the type of, or specifications for, supplies, products, platforms, information, documentation, or services support, the Contracting Officer shall require that the Contractor submit a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(d) If this is an Indefinite-Delivery type contract, a Blanket Purchase Agreement, or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies, products, platforms, information, documentation, or services support will define the specifications and accessibility standards for the order.

In those cases, the Contractor shall be required to provide a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an ACR (based on the VPAT see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies, products, platforms, information, documentation, or services support conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) The Contractor shall identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements.

*NOTE: The HHS Section 508 Product Assessment Template has been replaced by the Information

Technology Industry Council’s Voluntary Product Accessibility Template (VPAT®) which can be found at:

https://www.itic.org/policy/accessibility/vpat

(End of clause)