Cold Chain Combined Synopsis Solicitation 11.4.2024.pdf

NOTE: Due to the length of this combined synopsis/solicitation, a pdf copy to help provide easier readability is attached to this posting.

COMBINED SYNOPSIS SOLICITATION

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 document will not be issued.

ii. The solicitation number is 75A50325R00001 which is being issued as a Request for Proposal (RFP). The

Government anticipates the award of a Firm Fixed Price (FFP) type contract for severable services.

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2024-07, effective August 29, 2024.

iv. This acquisition is being posted as Full and Open and is not set aside for small businesses. The NAICS is 484230 Specialized Freight (except Used Goods) Trucking Long Distance. The size standard is $34.0 (millions of dollars).

v. The Strategic National Stockpile (SNS), of the U.S. Department of Health and Human Services (HHS) Administration for Strategic Preparedness and Response (ASPR), has a requirement for Transportation and

Logistics Readiness Services. The Government intends to evaluate offers and award a contract without discussions. However, the Government may, at its sole discretion, elect to conduct discussions if determined to be in the best interest of the Government.

vi. See below for description of requirements.

vii. The period of performance is anticipated to be 48 months, inclusive of a base period of 12 months with three (3) one-year option periods. See below for place(s) of delivery and acceptance and FOB point(s).

viii. The provision at FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (SEP

2023), applies to this acquisition.

ix. The provision at FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021), applies to this procurement. Addenda to the provision include evaluation factors and evaluation criteria.

x. Offerors shall include a completed copy of FAR 52.212-3, Offeror Representation and Certifications-Commercial

Products and Commercial Services (May 2024), with their Offers. (Note, if offerors are registered within the System for Award Management (SAM) and certs and reps are up to date, make a statement to that effect in accordance with paragraph (b)(2) of this provision).

xi. The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (NOV

2023), applies to this acquisition.

xii. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders

Commercial Products and Commercial Services (MAY 2024), applies to this acquisition and FAR clauses applicable are 52.219-9, 52.219-16, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.225-13, and 52.232-33. Other applicable clauses include Health & Human Services Acquisition Regulation (HHSAR) clauses. See below for details.

xiii. There are no special contract requirements or terms and conditions related to contract financing arrangements.

xiv. HHS reserves the right to exercise priorities and allocations authority with respect to this contract, to include rating this order in accordance with 45 CFR Part 101, Subpart A—Health Resources Priorities and Allocations System.

xv. Offers are due no later than November 19, 2024, 1:00 PM Eastern Standard Time (EST). Offerors must submit an electronic copy of the Technical Proposal and Price/Business Proposal via email to with the subject line “SUBMISSION RFP 75A50325R00001,” via email to Lawrence McCoy at lawrence.mccoy@hhs.gov and Mattie Washington at mattie.washington@hhs.gov. The offeror’s complete Proposal (including all information required to be submitted as part of the offeror’s Volume I- Technical Proposal and Volume II-Price/Business Proposal) must be received by the date and time specified for receipt of offers. See Section L for additional details for the content of Proposals.

Electronics submissions only will be accepted and shall be submitted via email to the email addresses specified above. Email submissions are limited to 10MB. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

o All questions regarding this RFP of contractual or technical nature must be submitted electronically by email with the subject line “QUESTIONS RFP 75A50325R00001” to Lawrence McCoy at lawrence.mccoy@hhs.gov and Mattie Washington at mattie.washington@hhs.gov. no later than 2:00 p.m. Eastern Standard Time (EST) November 8, 2024. The Government’s responses to questions will be posted as an amendment to the combined synopsis/solicitation posting. Unless the Government otherwise determines that it is in its best interest to provide a response, questions received after the deadline will not be answered.

xvi. The point of contact for information regarding this combined synopsis/solicitation is:

Contracting Officer Lawrence McCoy Office of Head of Contracting Activity (OHCA) Administration for Strategic Preparedness and Response (ASPR) U.S. Department of Health and Human Services (HHS) Email: lawrence.mccoy@hhs.gov mailto:lawrence.mccoy@hhs.gov

Transportation and Logistics Readiness Service

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS B.1

Base Year: December 1, 2024 – November 30, 2025 CLIN Description Quantity

UOM Extended Price

1001 Transportation and Logistics Services- Ultra Cold Chain Containers- Temperature Controlled. Temperature -70° and -80° Celsius or -94° and -112° Fahrenheit IAW Sections C.2 and C.6 of the SOW.

Firm Fixed Price

1 LOT $___________

Option Period I: December 1, 2025 – November 30, 2026

CLIN Description Quantity UOM Extended Price 2001 Transportation and Logistics Services- Ultra Cold Chain

Containers- Temperature Controlled. Temperature -70° and -80° Celsius or -94° and -112° Fahrenheit IAW Sections C.2 and C.6 of the SOW.

Option Period II: December 1, 2026 – November 30, 2027

3001 Transportation and Logistics Services- Ultra Cold Chain

Containers- Temperature Controlled. Temperature -70° and -80° Celsius or -94° and -112° Fahrenheit IAW Sections C.2 and C.6 of the SOW.

Option Period III: December 1, 2027 – November 30, 2028

4001 Transportation and Logistics Services- Ultra Cold Chain

Containers- Temperature Controlled. Temperature -70° and -80° Celsius or -94° and -112° Fahrenheit IAW Sections C.2 and C.6 of the SOW.

1 $___________

B.2 CONTRACT TYPE

Type of Contract- This is a Firm Fixed Price contract.

B.3 ANTICIPATED PERIOD OF PERFORMANCE

Base Period: December 1, 2024, to November 30, 2025 Option Period I: December 1, 2025, to November 30, 2026 Option Period II: December 1, 2026, to November 30, 2027 Option Period III: December 1, 2027, to November 30, 2028

SECTION C –STATEMENT OF WORK (SOW)

Title: Transportation Logistics and Services –Frozen product -70°C and -80°C

C-1 Background:

The Strategic National Stockpile (SNS) is the Nation’s repository for medical supplies, drugs, vaccines, and other related equipment. The SNS exists to re-supply the 48 Contiguous United States, and its OCONUS states of Alaska and Hawaii, the District of Columbia and U.S territories in the Caribbean, and in the South Pacific. SNS provides medical response in disaster events, especially to biological, chemical, terrorism and the myriad of various virus events threatening the U.S. The SNS has stored Pharmaceuticals, and Lifesaving Medical Counter Measures (MCM) products within the U.S. at multiple locations to ensure rapid delivery to areas in need. To increase SNS response readiness, ASPR SNS consistently prepositions and provides readiness equipment and material to other state, local, Federal partners, and U.S territories before and during actual emergencies and natural or man-made disasters. Product inventories to be utilized must be transported to the disaster locations upon request from the state, local and tribal territories.

C-2 Project Overview:

The purpose of this project is to secure the appropriate transportation, movement, and storage services to deliver SNS products during emergencies and upon request, which requires temperature-controlled storage containers that can maintain a temperature at -70° Celsius (C) and -80° Celsius (C), or -94° Fahrenheit (F) and -112° Fahrenheit (F) within 24 to 48 hours of notification. The goal is to ensure that the integrity and quality of the products maintain the temperature throughout the movement, storage, and transportation process. During the transportation movement process, the Contractor is responsible for the storage of the medical and/or pharmaceutical products. Period of Performance December 1, 2024, thru November 30, 2028.

C-3 Objectives:

The SNS requires a transportation service vendor that will provide frozen or temperature control containers capable of maintaining the temperatures at -70°C and -80°C or -94° F to -112° F throughout the duration of the shipment. The contractor shall advise the government if they are using Celsius or Fahrenheit degrees to ensure the products temperature is recorded as Celsius or Fahrenheit temperature setting accordingly. The carrier shall respond during emergencies requests 24 to 48 hours of notification and during non-emergencies within 60 to 72 hours of notification. The contractor shall provide team drivers and shall maintain compliance with all transportation regulations and standards that applies to transportation of frozen goods.

C-4 Scope of Work:

The transportation service provider shall provide the temperature control containers and at least 2 temperature-controlled vehicles upon request by SNS transportation, and both transport vehicles shall run at the same requested temperature range through-out the duration of the trip. If the vehicle carrying the product has mechanical issues (either power unit or refrigerator) during transport the drivers shall immediately contact their responsible contract carrier who shall contact the COR who shall then provide the next step in transferring load to the follow along vehicle (if needed).

The contract carrier shall provide material handling equipment (if needed), and tiedown equipment to secure loads, temperature control containers, other supplies, and equipment capable of maintaining temperatures of -70° C and -80° C or -94° F and -112° F. The contractor shall maintain safe and secure transportation movement of medical or pharmaceutical product. The contractor shall ensure the products are picked up and delivered within the stipulated timeframe or at least 24-36 hour after prescribed set time of pickup or delivery and keeping the continuity of the product temperature range. The contractor is responsible for monitoring and recording temperature throughout the transportation process and reporting the temperature ranges to SNS transportation every 2 hours by providing a detailed report of the temperature log and a final temperature report upon delivery or upon request. A copy of the temperature can be sent via email to the COR for the file. The contractor shall adhere to all safety and regulatory requirements for the transportation of frozen products.

The government requires that SNS product be shipped in vehicles that are equipped with a continuous satellite tracking method so that, in the event of an accident or duress, the driver/contractor can immediately follow carrier/contractor procedures to notify the appropriate SNS Transportation Office COR or Government Representative. This may be waived during an event on an as needed basis by SNS. The government requires that SNS product be shipped in vehicles that have communication equipment (i.e., cell phone) to maintain constant contact with dispatch or operations center. In addition, all vehicle assets must have real time asset tracking and be incorporated into a centralized asset tracking operating system.

C-4.1 Carrier Requirements:

All carriers contracted by the contractor are required to have an active operating authority with the Department of Transportation (DOT). Carrier must also maintain an active satisfactory rating with the Federal Motor Carrier Safety Administration (FMCSA). If the carrier falls out of good standing with the FMCSA, the contractor’s relationship with the carrier will be terminated immediately.

All carriers contracted by the contractor must maintain proper authority to deliver to any state or local jurisdiction within the selected location.

All carriers contracted by the contractor will be headquartered or maintain a significant business operation within the selected location.

All carriers contracted by the contractor are required to have full GPS tracking capabilities integrated into the contractor’s operating system. All carriers contracted by the contractor must have hauled a minimum of one hundred fifty (150) shipments for the contractor over the previous twelve (12)-months and have a Log Points Rating of above ninety seven percent (97%) to be eligible to haul shipments for the SNS.

All carriers contracted by the contractor must have 24/7 dispatch available via phone and email.

In the event of deployment, the contractor’s contracted carrier(s) drivers SHALL REMAIN at the designated SNS deployed location during emergencies for the duration of any emergency or exercise or until released by the Transportation COR or the SNS Transportation Representative.

C-5 Deliverables Transportation Plan:

Required are a Detailed plan outlining the logistics, including pickup and delivery schedules, equipment to be used, and contingency plans. Temperature Log: Continuous temperature monitoring report from pickup to delivery, ensuring that transportation equipment remain in compliance with the -70°C and -80°C or -94° F and -112° F. requirements. The contractor shall provide Delivery Confirmation to include Signature, and name legible printed on proof of delivery (POD) receipt confirming individual receiving products upon delivery and the required temperature and condition product. A copy of the delivery confirmation can be sent via email to the COR within two hours after delivery.

C-6 Transportation Service:

The contractor shall supply the appropriate transportation temperature-controlled containers and equipment. The government shall provide the contractor the manifest of product being moved upon notification, the contractor shall determine the temperature-controlled containers size. The contractor shall ensure timely pickup and delivery of the frozen products. After the contractor receives approval notification from the SNS transportation office and drivers have been assigned, and if the contractor drivers cannot meet the specified pickup and delivery schedule the contractor shall notify the COR immediately and provide an explanation for delayed pickup and/or delivery with a revised pickup and/or delivery schedule.

The contractor shall maintain constant communication during the transporting of SNS product, the vendor shall remain in contact with the SNS transportation every two (2) hours after pickup or upon request, the location of product and provide the following information city, state, number of miles from delivery, and estimated time of delivery throughout the transportation process. The contractor shall provide all necessary documentation and reports as per the deliverables located at C13. SNS shall notify the transportation service provider upon request and at least 12-24 hours before the required pickup. SNS Warehouse personnel shall ensure that the products are ready for pickup at the agreed-upon time and location. This requirement is for services to support the SNS mission. The contractor requires routine access to a Federally controlled facility. Driver's must go through security checks/clearances before being allowed onto the grounds of the SNS facilities. If the drivers do not pass the security screening, they are not granted access to the installation. To mitigate the risk, the government will request prior to drivers arriving at the government facility and at all times dual drivers protection, name of carrier, PRO/tracking number, complete driver/s information both driver/s first and last names, both drivers contact phone numbers, picture of both drivers, both driver/s DOB, driver’s License number and state of issuance driver/s license expiration date , truck and trailer numbers, truck and trailer license plate numbers and state of issuance, at least one of the driver/s must communicate well in English when arriving at the SNS facility prior to shipment pickup or notification of pickup if cannot provide all information prior to pick up, information must be provided 30 minutes to 1 hours after pickup. The contract carrier shall always provide Dual Driver protection with vehicle tracking and always being monitored. One driver must always remain within 25ft of the vehicle once loaded and keep eye visibility of the trailer door after trailer has been loaded and the SNS seal placed on the door. If a layover occurs at an SNS facility the driver can be released to handle person issues and remain within a 90-minute recall perimeter for departure to delivery location.

The Government shall provide the carrier with the shipping information to include the medical or pharmaceutical product, quantity, number of pallets, packing list of supplies, dimension, weight of product, and the estimated value of products being shipped. The contractor shall have Liability Insurance to cover the full value of the shipment cost. The Contractor shall provide proof of Liability Insurance prior to pickup of medical or pharmaceutical products.

C-6.1

For proper vetting of drivers, the vendor shall provide the below information so that the United States Marshals can pre vet all drivers before entering the Federal control facility this information is kept within the SNS transportation files and only provided to U.S. Marshals:

Drivers and Truck Information:

• 1st Driver First and Last Name:

• 2nd Driver First and Last Name:

• Picture of Drivers:

• 1st Driver Contact Phone Number:

• 2nd Driver Contact Phone Number:

• Gender:

• Driver 1 DOB:

• Driver 2 DOB:

• 1st Driver License Number:

• 2nd Driver License Number:

• Both drivers license State Issue:

• Both drivers License Expiration date:

• Truck license plate number and State:

• Trailer license plate number and State:

• Trucks Number:

• Trailers Number:

C-7 Transportation Services (Type and Rate)

The Offeror shall provide all cost and pricing information for Section C.7 in the chart below. Pricing is reflective of all origin points in the continental United States and are based on transit of miles throughout the United States origin and destination. Vendors are encouraged to provide alternate mileage rates. In the event that the volume of product needing to be transported does not require a 53 ft tractor trailer, the below vehicle types may be utilized at the predetermined rates. Other vehicle types and rates may be added and utilized during the period of this agreement.

Pricing is reflective of all origin points in the continental United States and are based on transit of miles throughout the United States origin and destination. Vendors are encouraged to provide alternate mileage rates.

Vehicle Type Rates-Less than

48-hours’ notice Rates-Over 48-hours’ notice

12 ft Refrigerated Truck w/liftgate if requested or without liftgate maintain temperature from Ambient to -80° Celsius or 112° Fahrenheit

20 ft Refrigerated Truck w/liftgate if requested or without liftgate

24 ft Refrigerated Truck w/liftgate if requested or without liftgate

26 ft Refrigerated Dry Truck w/liftgate if requested or without liftgate

48 ft Refrigerated Trailer w/liftgate if requested or without liftgate maintain temperature from Ambient to -80°Celsius or 112° Fahrenheit

53 ft Refrigerated Trailer w/liftgate if requested or without liftgate

*Loaded Mileage Rates in the above shall encompass all fuel, personnel, and other costs associated with the transportation.

C-8 Schedule Notification:

SNS will notify the transportation provider upon emergency request and during non-emergencies at least 8 hours before pickup. The Transportation provider shall pick up the products within the specified timeframe and the products shall be delivered to the designated location within Department of Transportation (DOT) transit time with the use of team drivers with proper DOT regulated rest stop or during emergency interruptions of equipment or personnel illness or family emergency.

C-9 Quality Assurance:

The transportation provider must ensure all equipment is functioning properly before and during transportation of the frozen products. The contractor shall continuously monitor the temperature of the frozen product to ensure the products remains at the required temperatures of -70°C and -80°C or -94° F and -112° F. The contractor shall provide a primary truck loaded with product and a secondary truck as a backup to follow behind the primary truck in case of vehicle delay, accidents, equipment malfunctions and any other problems. The contractor shall provide immediate corrective action in case of any deviation from the required temperature range or delay in shipment. The contractor shall request permission from the COR and SNS Transportation POC prior to breaking the seals and transporting equipment or product from one truck to another truck.

C-10 Acceptance:

The frozen products must be delivered within prescribe DOT transit time for the prescribe speed of a 53 ft semi-truck while remaining in a safe capacity. The contractor temperature logs must show continuous compliance with the -70°C and -80°C or -94° F and -112° F requirements. The delivery confirmation must indicate that the products were received in the required frozen condition of -70°C and -80°C or -94° F and -112° F.

C-11 Place of Performance:

The warehouse exact pickup and delivery address (es) shall be provided after the time of award.

C-12 Terms and Conditions:

Any deviations from the agreed-upon terms must be communicated and approved in writing by both parties. Payment terms will be outlined in the contract between SNS and the transportation service provider. Any damages or losses due to failure in maintaining the required temperature will be the responsibility of the transportation service provider.

C-13 Deliverables:

The electronic files must be compatible with MS Office (2007) and Adobe 8.0.

Item # Task Description Format of Deliverable Due Date

1 Kickoff Meeting shall be held Meeting Within 5 business days of award

2 Written/typed notes of the meeting and provide electronic copies to all individuals present.

Electronic Within 5 business days of the meeting

3 Event Summaries: Within 5 business days from the completion of transportation services for either an event or exercise, the Contractor shall provide: a copy of the bill of lading and a summary report of the event or exercise.

Electronic Within 5 business days from the completed transportation services.

4 Event Status: The Contractor shall provide constant communication and updates at SNS’ request. These requests shall be responded to within 2 hours and may consist of: ETA’s, vehicle locations, etc.

Electronic Within 2 hours of request.

5 Transportation Assets: Within 24-48 hours during emergencies and during non-emergencies 60-72 hours of receiving the request, contractor shall provide the requested number of transportation assets to the designated location.

Physical and Electronically

Within 24-48 hour during emergencies and 60-72 hours during non-emergencies of request

6 Transportation Assets: The contractor shall provide transportation within one-two days during emergencies and during non-emergencies 5- 7 days t to the designated location. International air freight transportation shall book next day air depending on ask and ask time.

Physical and Electronically

Within 72 hours of request for delivery.

7 Driver List: The contractor shall provide a list of names and other identifying information of drivers that will arrive at the site prior to their arrival.

Electronic Prior to driver site arrival.

8 Shipping Documentation: Shipment confirmations, pickup, and delivery notices will be forwarded to the SNS office arranging transportation in accordance with C.6.

Electronic Due within 1 hour of receipt of shipping order, pickup, and delivery.

9 Final Report: Within 2 weeks of contract end date, a report encompassing all activities performed under this contract.

Electronic Due within 2 weeks of contract end date.

SECTION D-PACKAGING, MARKING AND SHIPPING

D.1 PACKING

All fees related to movement and storage of product submission of information, including forms, reports, etc., to the Contracted Transportation carrier or other persons designated to receive the information shall be paid by the Government.

D.2 MARKINGS

All product delivered under this contract shall be packaged, marked, and shipped in accordance with Government specifications and FDA regulations. At a minimum, each deliverable shall include the following information at time of delivery:

1. Ordering Agency

2. Packing Slip with Contract Number

3. Description of Product

4. Contract Number

5. Contractor Name and Address

6. Storage Requirement shall be on all packing lists.

7. Lot Numbers

8. Quantity

9. Shelf life or expiry dating data.

10. National Drug Code (NDC) or part number

11. For products with an issued National Stock Number (NSN), product cases shall have applicable NSN annotated on case and inner packages' labels. NDC numbers must also be annotated on case and inner package labels. NDCs must use the 5+4+2 standard digit methodology (xxxxx-yyyy-zz). Leading zeros may be utilized on the 5-digit section and/or the 4-digit section and/or the 2-digit section within the NDC methodology.

D.3 DELIVERY LOCATION & SHIPPING REQUIREMENTS

Products shall be shipped FOB Destination. The address(es) will be provided by the COR after award and will be to a Government designated location within the continental United States (CONUS) or U.S. Territories. The contractor shall adhere to the following shipping requirements:

a. No partial case or package quantities will be accepted unless approved by SNS in advance.

b. No mixed lot numbers per case or per packages will be accepted.

c. No mixed sizes (e.g., smalls, mediums, or larges mixed in on one pallet) will be accepted.

d. One lot number will be used per pallet. Only one pallet may contain multiple lot numbers per order.

e. Lots must be clearly identified.

f. Duplicate lots should only have one expiration date (i.e., the same two lot numbers should not have different expiry dates).

g. Contractor shall contact designated POC for the respective address to which items are being delivered to schedule delivery appointments as far in advance as possible but NLT 48 hours prior to shipping any product (delivery times are Mon – Fri 8:00 AM – 3:30 PM).

h. All pallets are to have the identical TI-HI stack pattern except for the final pallet.

i. All product to be delivered on standard 48” by 40” pallet, not to exceed 60” in height, stretch wrapped, and secured to pallet for safe transport.

This Statement of Work outlines the responsibilities and expectations for both SNS and the transportation service provider to ensure the safe and timely delivery of frozen products.

SECTION E – INSPECTION AND ACCEPTANCE

FAR 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): http://www.acquisition.gov

FAR SOURCE TITLE AND DATE

52.245-1 Government Property (Sep 2021)

52.246-4 Inspection of Services – Fixed Price (Aug 1996)

E.1 Inspection and Acceptance (Jul 1999)

Inspection and acceptance of the articles, services, and documentation called for herein shall be accomplished by the Contracting Officer, or a duly authorized representative (who for the purposes of this contract shall be the Project Officer or COR) at the destination of the articles, services, or documentation. Final acceptance shall be based on the completion of each delivery.

(End of Clause) http://www.acquisition.gov/

SECTION F- DELIVERIES AND PERFORMANCE

FAR 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): http://www.acquisition.gov

52.242-15 Stop Work Order (Aug 1989) 52.242-17 Government Delay of Work (April 1984) 52.246-16 Responsibility for Supplies (April 1984) 52.247-34 F.o.b. Destination (JAN 1991) 52.204-30 Federal Acquisition Supply Chain Security Act Orders—

Prohibition (Dec 2023)

SECTION G- CONTRACT ADMINSTRATION DATA

G.1 ADMINISTRATION

This contract will be administered by the following ASPR/SNS personnel:

Contracting Officer Lawrence McCoy Administration for Strategic Preparedness and Response (ASPR) U.S. Department of Health and Human Services (HHS) Email: Lawrence.McCoy@hhs.gov:

Contracting Officer Team Lead Annette Wright Administration for Strategic Preparedness and Response (ASPR) U.S. Department of Health and Human Services (HHS) Email: Annette.Wright@HHS.gov

Contracting Officer’s Representative (COR) Jack Darrington Office of Logistics, Strategic National Stockpile (SNS) Administration for Strategic Preparedness and Response (ASPR) U.S. Department of Health and Human Services (HHS) Email: Jack.Darrington@hhs.gov, G.2 Evaluation of Contractor Performance (Service)

(a) Purpose

In accordance with FAR 42.1502, the Contractor's performance will be periodically evaluated by the Government, in order to provide current information for source selection purposes. These evaluations will therefore be marked “Source Selection Information.”

(b) Performance Evaluation Period

The Contractor's performance will be evaluated at least annually.

(c) Evaluators

The performance evaluation will be completed jointly by the COTR and the Contracting Officer.

(d) Performance Evaluation Factors

(e) Contractor Review

A copy of the evaluation will be provided to the contractor as soon as practicable after completion of the evaluation. The contractor shall submit comments, rebutting statements, or additional information to the Contracting Officer within 30 calendar days after receipt of the evaluation.

(f) Resolving Disagreements Between the Government and the Contractor mailto:Lawrence.McCoy@hhs.gov mailto:Annette.Wright@HHS.gov mailto:Jack.Darrington@hhs.gov

Disagreements between the parties regarding the evaluation will be reviewed at a level above the Contracting Officer. The conclusion on the performance evaluation is a decision of the contracting agency. Copies of the evaluation, contractor's response, and review comments, if any, will be retained as part of the evaluation.

(g) Release of Contractor Performance Evaluation Information

The completed evaluation will not be released to other than Government personnel and the contractor whose performance is being evaluated. Disclosure of such information could cause harm both to the commercial interest of the Government and to the competitive position of the contractor being evaluated as well as impede the efficiency of Government operations.

(h) Source Selection Information

Departments and agencies may share past performance information with other Government departments and agencies when requested to support future award decisions. The information may be provided through interview and/or by sending the evaluation and comment document to the requesting source selection official.

(i) Retention Period

The agency will retain past performance information for a maximum period of three years after completion of contract performance for the purpose of providing source selection information for future contract awards.

(End of Clause)

G.3 Contract Communications/Correspondence

The Contractor shall identify all correspondence, reports, and other data pertinent to this contract by imprinting thereon the contract number from Page 1 of the contract.

(End of Clause)

G.4 HHSAR 352.232-71 Electronic Submission of Payment Requests (FEB 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)

G.5 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)

a) All Invoice submissions for goods and or services delivered to facilitate payments must be made electronically through the U.S. Department of Treasury’s Invoice Processing Platform System (IPP).

Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services included in commercial items contracts. The IPP website address is: https://www.ipp.gov.

b) The Agency will enroll the Contractors new to IPP. The Contractor must follow the IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award for new contracts or date of modification for existing contracts.

o Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

1) The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

• If your company is already registered to use IPP, you will not be required to re-register.

• If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

2) Invoice Elements.

In accordance with FAR 32.905 Payment documentation and process, Contractor shall submit an electronic invoice to the email addresses designated in the contract to receive invoices. Payment will be based on receipt of a proper invoice and satisfactory contract performance.

(a) Content of invoices.

(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line-item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered, or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(ix) Electronic funds transfer (EFT) banking information.

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(b) Authorization to pay. All invoice payments, with the exception of interim payments on cost-reimbursement contracts for services, must be supported by a receiving report or other Government documentation authorizing payment (e.g., Government certified voucher). The agency receiving official should forward the receiving report or other Government documentation to the designated payment office by the 5th working day after Government acceptance or approval, unless other arrangements have been made.

This period of time does not extend the due dates prescribed in this section. Acceptance should be completed as expeditiously as possible. The receiving report or other Government documentation authorizing payment must, as a minimum, include the following:

(1) Contract number or other authorization for supplies delivered or services performed.

(2) Description of supplies delivered, or services performed.

(3) Quantities of supplies received and accepted, or services performed, if applicable.

(4) Date supplies delivered, or services performed.

(5) Date that the designated Government official-

(i) Accepted the supplies or services; or

(ii) Approved the progress payment request, if the request is being made under the clause at 52.232- 5, Payments Under Fixed-Price Construction Contracts, or the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts.

(6) Signature, printed name, title, mailing address, and telephone number of the designated Government official responsible for acceptance or approval functions.

(c) Billing office. The designated billing office must immediately annotate each invoice with the actual date it receives the invoice.

(d) Payment office. The designated payment office will annotate each invoice and receiving report with the actual date it receives the invoice.

https://www.acquisition.gov/far/subpart-4.9#FAR_Subpart_4_9 https://www.acquisition.gov/far/subpart-4.9#FAR_Subpart_4_9 https://www.acquisition.gov/far/52.232-38#FAR_52_232_38 https://www.acquisition.gov/far/52.232-38#FAR_52_232_38 https://www.acquisition.gov/far/52.232-38#FAR_52_232_38 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.232-5#FAR_52_232_5 https://www.acquisition.gov/far/52.232-5#FAR_52_232_5 https://www.acquisition.gov/far/52.232-5#FAR_52_232_5 https://www.acquisition.gov/far/52.232-10#FAR_52_232_10 https://www.acquisition.gov/far/52.232-10#FAR_52_232_10

SECTION H—SPECIAL CONTRACT REQUIREMENTS

H.1– CONTRACTING OFFICER

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

H.2 – CONTRACTING OFFICER’S REPRESENTATIVE

Performance of work under this contract is subject to the technical direction of the COR identified in Section G.1, or a representative designated by the contracting officer in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the contract are accomplished satisfactorily. Technical direction must be within the scope of the contract specification(s)/work statement.

The COR does not have authority to issue technical direction that:

i. Constitutes additional work outside the contract specification(s)/work statement;

ii. Constitutes a change as defined in the “Changes” clause of this contract;

iii. Causes an increase or decrease in the contract price, or the time required for contract performance;

iv. Interferes with the contractor’s right to perform under the terms and conditions of the contract; or

v. Directs, supervises, or otherwise controls the actions of the contractor’s employees.

Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the contracting officer. The contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations above, the Contractor shall immediately notify the Contracting. Officer no later than the beginning of the next Government workday. Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subjected the terms of the “Disputes” clause of this contract.

H.3 – CONTRACTOR PUBLICITY

The Contractor, or any entity or representative acting on behalf of the Contractor, may not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government will consider institution of all remedies available under the contract and applicable law.

H.4– NON-DISCLOSURE AGREEMENT

All Contractor’s employees that will have access to non-public and procurement-sensitive information (photos, drawings, specifications, statements of work requirements, location data, etc.) or access to non- public ASPR facilities must sign a Non-Disclosure Agreement (NDA). The NDA will be made part of the contract file. The NDA requires contractor’s employees properly identify themselves as employees of a contractor when communicating or interacting with ASPR employees, employees of other governmental entities (when communication or interaction relates to the contractor’s work with ASPR/SNS), and members of the public. The Federal Acquisition Regulation (FAR) 37.114 (c), states “All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are

Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves.

They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.”

1) The Contractor shall inform employees of the identification requirements by which they must abide and monitor employee compliance with the identification requirements.

2) During the contract performance period, the Contractor is responsible to ensure that all additional or replacement contractors’ employees sign an NDA, and it is submitted to the Contracting Officer prior to commencement of their work with ASPR/SNS.

3) Contractor employees in designated positions or functions that have not signed the appropriate NDA shall not have access to any non-public, procurement sensitive information or participate in government meeting where sensitive information may be discussed.

4) The Contractor shall prepare and maintain a current list of employees working under NDAs and submit to the Contracting Officer upon request during the contract period of performance. The list should at a minimum include contract number, employee’s name, position, date of hire and NDA requirement.

SECTION I- CONTRACT CLAUSES

I.1 FAR 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 shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov HHS Acquisition Regulations (HHSAR) | HHS.gov

52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-18 Commercial and Government Entity Code (Aug 2020) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (Nov 2021) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

(NOV 2023)

52.212-4 Alt. I Contract Terms and Conditions-Commercial Products and Commercial Services (Nov

2021) 52.216-27 Single or Multiple Award (Oct 1995) 52.222-56 Certification Regarding Trafficking in Person Compliance Plan (Oct 2020) 52.228-5 Insurance Work on Government Installation (Jan 1997)

HHSAR SOURCE

352.203-70 Anti-Lobbying (Dec 2015) 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations

(Dec 2015) 352.223-70 Safety and Health (Dec 2015) 352.227-70 Publications and Publicity (Dec 2015) 352.224-70 Privacy Act (Dec 2015) 352.233-71 Litigation and Claims (Dec 2015) 352.237-74 Non-Discrimination in Service Delivery (Dec 2015) 352.239-74 Electronic and Information Technology (EIT) Acquisitions (Dec 2015) 352.242-70 Key Personnel (Jan 2006) 352.270-7 Paperwork Reduction Act (Jan 2006) 352.204-74 Supply Chain Risk Assessment (OCT 2024) (DEVIATION) 352.204-75 Supply Chain Risk Assessment During Contract Performance (OCT 2024)

(DEVIATION)

https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/index.html

L.2 Clauses Incorporated in Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial Services (May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(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.