Attachment 5-RFO Clauses.pdf

RFQ 75H70426Q00004 Brand Name: IBM Server SW Subscriptions Support

Revolutionary FAR Overhaul (RFO) 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):

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

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

52.204-13 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

Jan 2025

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015

52.212-4 Terms and Conditions-Commercial Products and Commercial Services Nov 2025

52.219-6 Notice of Total Small Business Set-Aside Nov 2020 52.222-3 Convict Labor Jun 2003

52.222-19 Child Labor-Cooperation with Authorities and Remedies Jan 2025

52.222-35 Equal Opportunity for Veterans Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020 52.222-50 Combating Trafficking in Persons Oct 2025 52.224-3 Privacy Training Jan 2017

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

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

52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.240-91 Security Prohibitions and Exclusions Nov 2025

52.240-93 Basic Safeguarding of Covered Contractor Information Systems Nov 2025 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR)

CLAUSES

Clause Title Date 352.224-70 Privacy Act Dec 2015 352.224-71 Confidential Information Dec 2015 352.226-1 Indian Preference Mar 2025 352.227-70 Publications and Publicity 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 5 years.

(End of clause)

HHSAR 352.232-71 – Electronic Submission of Payment Requests (Feb 2022) 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.

https://www.access-board.gov/ict/ https://www.hhs.gov/web/section-508/index.html https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat), (End of clause)

IHS Local Clause – Internet Protocol version 6 “The Office of Management and Budget (OMB) mandates that U.S. federal agencies use the Internet Protocol version 6 (IPv6). In November 2020, OMB issued memorandum M-21-07 "Completing the Transition to IPv6”, which outlines the Federal government's strategic intent "to deliver its information services, operate its networks, and access the services of others using only IPv6". The IHS requires all new IT systems (hardware and software) to operate in a pure IPv6 network environment. This includes on-premises services or third-party hosted services that require network integration into the IHS network. The Offeror's solution shall comply with the IPv6 standards profile as defined by the NIST USGv6 Program: https://www.nist.gov/programs-projects/usgv6-program”

(a) Any system hardware, software, firmware and/or networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with lPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products.

(b) Specifically, any new IP product or system developed, acquired, or produced must:

(1) Interoperate with both lPv6 and IPv4 systems and products, and

(2) Have available Contractor/vendor IPv6 technical support for development and implementation and fielded product management.

(c) As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government. The Contractor shall retrofit all non-IPv6 capable equipment, as defined above that is fielded under this contract with IPv6 capable equipment, at no additional cost to the Government.

(d) The Contractor shall provide technical support for both IPv4 and IPv6.

(e) Any system or software must be able to operate on networks supporting IPv4, lPv6 or one that supports both.

(f) Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

(End of clause)

IHS Local Clause – Prevention of Malicious Code

(a) Definitions https://www.nist.gov/programs-projects/usgv6-program https://www.nist.gov/programs-projects/usgv6-program

Malicious code is a computer code developed for the purpose of causing some form of intentional damage to computer systems or networks. Malicious code may be a complete program or code imbedded in software programs that appear to provide useful functions. The term includes computer viruses and other destructive programs, such as "Trojan Horses" and network "worms."

(b) The Contractor must have in place an anti-virus procedure to ensure that media supplied is uncontaminated by malicious code.

(c) The Contractor is required to scan all delivered software to insure it is free of malicious code prior to its installation or operation on Government-owned computers or Contractor-owned computers connected to Government computer systems or networks. Contractors using diagnostics software disks or connecting to a non-Government computer while performing repairs or upgrades to a Government computer will scan the serviced computer's drive(s) to insure they are free of malicious code upon completion of the service call, or prior to return of serviced equipment, if servicing is performed off-site.

(End of Clause)