Cold Chain Combined Synopsis Solicitation.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 75A50324R00002, 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 2024-06, effective July 30, 2024.

iv. This acquisition is being posted as Full and Open and is not set aside for small businesses. NAICS 492110

(Couriers and Express Delivery Services). The size standard is 1,500 (number of employees).

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 (Feb 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 (FEB 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 September 13, 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 75A50324R00002,” 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 75A50324R00002” 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) September 5, 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: September 30, 2024 – September 29, 2025 CLIN Description Quantity

UOM Extended Price

0001 Transportation and Logistics Ultra Cold Chain Services Containers- Temperature Controlled. Temperature -70° and -80° Celsius or -94° and -112° Fahrenheit.

Firm Fixed Price

1 LOT $___________

Option Period I: September 30, 2025 – September 29, 2026

CLIN Description Quantity UOM Extended Price 1001 Transportation and Logistics Ultra Cold Chain Services

Containers- Temperature Controlled. Temperature -70° and -80° Celsius or -94° and -112° Fahrenheit.

Option Period II: September 30, 2026 – September 29, 2027

2001 Transportation and Logistics Ultra Cold Chain Services

Containers- Temperature Controlled. Temperature -70° and -80° Celsius or -94° and -112° Fahrenheit.

Option Period III: September 30, 2027 – September 29, 2028

3001 Transportation and Logistics Ultra Cold Chain Services

Containers- Temperature Controlled. Temperature -70° and -80° Celsius or -94° and -112° Fahrenheit.

1 $___________

B.2 CONTRACT TYPE

Type of Contract- This is a fixed price contract.

B.3 ANTICIPATED PERIOD OF PERFORMANCE

Base Period: 30 September 2024 to 29 September 2025

Option Period I: 30 September 2025 to 29 September 2026 Option Period II: 30 September 2026 to 29 September 2027 Option Period III: 30 September 2027 to 29 September 2028

SECTION C –STATEMENT OF WORK (SOW)

SECTION 1 - BACKGROUND:

The mission of Strategic National Stockpile (SNS), of the United States (U.S.) Department of Health and Human Services (HHS) Office of the Administration for Strategic Preparedness and Response (ASPR) is to ensure the availability and rapid deployment of life-saving pharmaceuticals, medical counter measures (MCM) supplies, and equipment necessary to counter the effects of biological, chemical, radiological, natural disasters or other emerging infectious disease agents. When state, local, tribal, territorial public health, and medical systems request federal assistance to support their response efforts, SNS ensures that the right medicines, supplies, and equipment get to those who need them most during a public health emergency or pandemic event.

SNS is the national repository for medical supplies, drugs, vaccines, and other related equipment stored in strategic locations around the nation. These assets are designed to supplement state, tribal, local, or territorial (STLT) public health departments in the event of a large-scale public health emergency that causes local supplies to run out.

SECTION 2- Project Overview:

The purpose of this contract is to secure the appropriate transportation, movement, and storage services to deliver SNS products, which requires ultra 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). For emergency transportation services, the contractor shall be at the government pickup facility within 120 minutes from SNS notification. The goal is to ensure that the integrity and quality of the products maintain the ultra-temperature throughout the movement, storage, and transportation process. Period of Performance September 30, 2024 thru September 29, 2028.

SECTION 3 - Objectives:

The SNS requires a transportation service contractor that can transport ultra temperature-controlled storage 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 in recorded as Celsius or Fahrenheit degrees accordingly. The carrier shall respond during non-emergencies within 8 to 12 hours of notification and 120 minutes from SNS notification during emergencies. The contractor including the team drivers shall maintain compliance with all transportation regulations and standards that applies to transportation of frozen goods.

SECTION 4 - Scope of Work:

The transportation service provider shall be responsible for providing material handling equipment, 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 ensure the products are picked up and delivered within the specified timeframes. The contractor is responsible for monitoring and recording temperature throughout the transportation process by providing a detailed report of the temperature log upon delivery and 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.

SECTION 5- Deliverables Transportation Plan:

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 compliance with the -70°C and -80°C or -94° F and -112° F requirements. Delivery Confirmation: Signed receipt confirming the delivery of the products within the stipulated timeframe and in the required frozen condition. A copy of the delivery confirmation shall be sent via email to the COR for the contract file.

SECTION 6 - Responsibilities Transportation Service Provider:

The contractor shall supply the appropriate transportation temperature-controlled containers and equipment. The contractor shall ensure timely pickup and delivery of the frozen products, should the contractor have a delay in the pickup and delivery schedule, the contractor shall notify the COR within two (2) hours of the notification. The contractor shall maintain consistent communication every two (2) hours after pickup on the location of product city, state, and number of miles from delivery throughout the transportation process. The contractor shall provide all necessary documentation and reports as per the deliverables located at Section 12. SNS shall notify the transportation service provider upon request and at least 8 hours before the required pickup. The Government shall provide the carrier with the shipping information to include the quantity and nature of the products, number of pallets, packing list of supplies, dimension and weight of product being shipped.

This requirement is for transportation services to support the SNS mission. The contractor requires routine access to a Federally controlled facility. All drivers shall go through security checks/screenings/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 dual driver protection and driver/s information to include driver/s first and last names, picture of drivers, 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 with state of issuance.

At least one of the drivers must be fluent in English. Once the Contract Carrier is notified, the Carrier must provide the SNS Transportation Section with all driver's information, the carrier's name, and truck and trailer details prior to arrival at the SNS facility, or before shipment, pickup, or notification of pickup. If this information cannot be provided before arrival at the SNS facility, the Contract Carrier must submit the information within one hour after pickup.

The contract carrier shall always provide Dual Driver protection for vehicle tracking and monitoring of the product and vehicle. One driver must always remain within 25 ft of the vehicle once loaded and keep eye visibility of the trailer door after the trailer has been loaded and the seal is placed on the door. If a layover occurs at an SNS facility, the driver can be released to handle personal issues but shall remain within a 90-minute recall perimeter for departure to delivery location.

SECTION 7 - Schedule Notification:

SNS will notify the transportation provider upon emergency request (120 minutes) and during non-emergencies at least 8 hours before pickup. The Transportation provider shall pick up the products within the specified timeframes and the products shall be delivered to the designated location within Department of Transportation (DOT) rules and regulations pertaining to transit time with the use of team drivers with proper DOT regulated rest stop or during emergency interruptions of equipment or personal or family emergency.

SECTION 8- 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 with the secondary truck running at the same temperature in case of an emergency which can be act-of-God, man-made and shipment has to be transferred from primary truck to secondary truck or 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.

SECTION 9 - Acceptance:

The frozen products must be delivered within prescribe DOT rules and regulations 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.

SECTION 10 – PLACE OF PERFORMANCE

The tentative place of performance is Salt Lake City, UT, Irving, TX, Olive Branch, MS and within 300 square miles of Washington, DC. The warehouse exact pickup and delivery address (es) shall be provided after the time of award.

SECTION 11- 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.

SECTION 12- 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 copy

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-Emergency: Within 120 minutes of receiving the request, contractor shall provide the requested number of transportation assets to the designated location.

Physical Within 120 minutes of request.

6 Transportation Assets-Non-Emergency: Within 8 or 12 hours of receiving the request, contractor shall provide the requested number of transportation assets to the designated location.

Physical Within 8 or 12 hours of request.

7 Air Transportation Assets: The contractor shall provide transportation within one, two or three days to the designated location. International air freight transportation shall be book for next day air delivery depending on the designated location.

Physical Within 72 hours of request for delivery.

8 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.

9 Shipping Documentation: Shipment confirmations, pickup, and delivery notices will be forwarded to the SNS office arranging transportation in accordance with C.7.

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

10 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 (NOV 1991)

SECTION G- CONTRACT ADMINSTRATION DATA

G.1 ADMINISTRATION

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

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)

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.

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

e) 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.

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/52.232-10#FAR_52_232_10 https://www.acquisition.gov/far/52.232-10#FAR_52_232_10 https://www.acquisition.gov/far/52.232-10#FAR_52_232_10

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

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 (Jul 2016) 52.204-18 Commercial and Government Entity Code (Aug 2020) 52.204-20 Predecessor of Offeror (Jul 2016) 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) 52.226-32 Task Order and Delivery Order Ombudsman (Sep 2019) 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) 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. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_x _(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_x _(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15

_x_(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L.

115–390, title II).

__(ii) Alternate I (Dec 2023) of 52.204–30.

_x _(12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

_x_(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved]

__(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__(ii) Alternate I (Mar 2020) of 52.219-6.

__(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__(ii) Alternate I (Mar 2020) of 52.219-7.

_x_(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

_x_(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

__(ii) Alternate I (Nov 2016) of 52.219-9.

__x _(iii) Alternate II (Nov 2016) of 52.219-9.

__(iv) Alternate III (Jun 2020) of 52.219-9.

__(v) Alternate IV (Sep 2023) of 52.219-9.

__(22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__(ii) Alternate I (Mar 2020) of 52.219-13.

__(23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

_x_(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

_x_(26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) ( 15 U.S.C. 632(a)(2)).

__(ii) Alternate I (Mar 2020) of 52.219-28.

https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_209_6…