ComSynop_RFQ_75N91024Q00080.pdf

National Cancer Institute RFQ #75N91024Q00080 Page 1 of 23

Table of Contents

SECTION 1 - DESCRIPTION:

SECTION 2 - QUOTE SUBMISSION / EVALUATION (52.212-1 ADDENDA):

2.1 - GENERAL INSTRUCTIONS:

2.2 - QUESTION SUBMISSIONS:

2.3 - QUOTATION SUBMISSIONS:

2.4 BASIS FOR AWARD AND EVALUATION

SECTION 3 - ITEMS OR SERVICES TO BE ACQUIRED:

SECTION 4 – SOLICITATION PROVISIONS:

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

FEDERAL ACQUISITION REGULATION (FAR) – PROVISIONS INCORPORATED BY

REFERENCE:

SECTION 5 – TERMS AND CONDITIONS:

5.1 GENERAL REQUIREMENTS

5.1.1 INVOICING AND PAYMENT

5.2 CONTRACT CLAUSES

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

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

FEDERAL ACQUISITION REGULATION (FAR) – CLAUSES INCORPORATED BY

REFERENCE:

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) – CLAUSES

INCORPORATED BY REFERENCE:

National Cancer Institute RFQ #75N91024Q00080 Page 2 of 23

COMBINED SYNOPSIS / SOLICITATION

Title: One (1) Brand Name or Equal Mabtech IRIS 2 Immunoassay

Reader Notice Type: Combined Synopsis / Solicitation Solicitation Number: 75N91024Q00080 Posted Date: 04/25/2024 Response Date: 05/02/2024 by 10:00 AM EST PSC Code: 6640 (Laboratory Equipment and Supplies) NAICS Code: 334516 (Analytical Laboratory Instrument Manufacturing)

SECTION 1 - DESCRIPTION:

This Request for Quote is being issued by National Institutes of Health (NIH), National Cancer Institute (NCI), Office of Acquisitions (OA).

This is a Combined Synopsis/Solicitation for commercial items, prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional information included in this notice, and shall be processed in accordance with FAR Part 13 - Simplified Acquisition Procedures. This announcement constitutes the only solicitation that will be provided in relation to the stated need contained herein. This solicitation is issued as a Request for Quote (RFQ) and includes applicable provisions and clauses in effect through FAR Federal Acquisition Circular (FAC) 2024-03 (02/23/2024).

The requirement’s North American Industry Classification System (NAICS) code is 334516 (Analytical Laboratory Instrument Manufacturing) with a size standard of 1,000 employees.

One firm fixed priced award is anticipated to be made as a result of this solicitation.

FAR Provision 52.212-1 (Instructions to Offerors Commercial Items) ☒ is ☐ is not applicable to this requirement. Applicable addenda to the provision are included in the submittal instructions below.

FAR Provision 52.212-2 (Evaluation—Commercial Products and Commercial Services) ☐ is ☒ is not applicable to the requirement.

FAR Provision 52.212-3 (Offeror Representations and Certifications-Commercial Items) ☒ is ☐ is not applicable to the requirement. Provision is included in full text as an attachment to the solicitation. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. All quotations submitted must include a completed copy of the provision to be eligible for award.

National Cancer Institute RFQ #75N91024Q00080 Page 3 of 23

FAR Clause 52.212-4 (Contract Terms and Conditions- Commercial Products and Commercial Services) ☒ is ☐ is not applicable to the requirement. Clause is incorporated by reference. See attachment containing terms and conditions.

FAR Clause 52.212-5 (Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services) ☒ is ☐ is not applicable to the requirement. See attachment containing terms and conditions for details pertaining to the clauses cited as being applicable to this acquisition.

SECTION 2 - QUOTE SUBMISSION / EVALUATION (52.212-1 ADDENDA):

2.1 - GENERAL INSTRUCTIONS:

This Request for Quotation (RFQ) does not commit the Government to pay any cost for the preparation and submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. By submitting a quote in response to this solicitation, it is understood that your firm’s quote shall become a part of the official contract file. The Government is not responsible for locating or securing any information which the quoter does not include or identify in their quotation.

2.2 - QUESTION SUBMISSIONS:

Please submit questions concerning this RFQ via email by no later than 10:00 A.M. EST on Monday, April 29, 2024 (04/29/24) to the point(s) of contact listed below:

Name: John Russell, Contracting Officer Email: John.Russell3@nih.gov

Note: Questions submitted by a method other than email will not be accepted. Any questions received after the specified cut-off time and date above will not be accepted or answered except at the Contracting Officers discretion as deemed necessary. Additionally, all questions and answers of common interest will be provided to all prospective offerors via an amendment to the posting. All emails must include the Solicitation number “75N91024Q00080” in the subject line.

2.3 - QUOTATION SUBMISSIONS:

Quotations submitted in response to this solicitation must be submitted via email no later than 10:00 A.M. EST on Thursday, May 02, 2024 (05/02/24) to the points of contract listed below:

Name: John Russell, Contracting Officer Email: John.Russell3@nih.gov

Quoter's may submit more than one quote. If multiple quotes are provided, the Government will evaluate each quote separately. All quotations shall provide enough information for the Government to conduct a thorough evaluation of the quotes provided and the quoter’s ability to fulfill the stated needs within this RFQ. All quoter’s must be registered in SAM.gov and be

National Cancer Institute RFQ #75N91024Q00080 Page 4 of 23 eligible for all awards. Quoter’s that do not have an active SAM.gov registration with an eligibility for all awards will not be considered for award. At a minimum all quotes shall include in the following:

1. Cover letter including:

a) RFQ Number

b) Federal Tax Identification Number (TIN);

c) Unique Entity Identifier (UEI);

d) Cage Code;

e) Business size and designation (i.e., Small, Other than Small);

f) The applicable solicitation number for which the quote is provided;

g) Point of Contact Information for individuals authorized to commit on behalf of their organization. Including name, address, and telephone number of the offeror;

h) "Remit to" address, if different than the mailing address;

i) A statement to the effect that pricing is firm for a period of at least 60 days from the date of receipt thereof by the Government;

j) Acknowledgment of Solicitation Amendments

2. Pricing and discount terms;

3. Terms of any Express Warranty;

4. A completed copy of the representations and certifications at Federal Acquisition

Regulation (FAR) 52.212-3 (see FAR 52.212-3(b)) for those representations and certifications that the offeror shall complete electronically) (See attachment to the Combined Synopsis Solicitation);

6. A technical description of the items/services being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.

Note: It’s the quoter’s responsibility to read the RFQ and all related documents carefully.

Additionally, it is the quoter’s responsibility to ensure/verify the Government receives its submission on or before the date/time specified above. The Government reserves the right to not accept any late quotes, any quote that does not provide items/services requested, or quotes that do not conform to the requirements of the RFQ. Quotes submitted by any other means other than email will not be accepted. All emails must include the Solicitation number “75N91024Q00080” in the subject line.

2.4 BASIS FOR AWARD AND EVALUATION

An award will be made to the firm that submits the Lowest Price Technically Acceptable (LPTA) quote that is technically acceptable in accordance with the required need outlined in the Statement of Need (SON). A technically acceptable quote is one in which the quoter(s) complies with the requirements in the SON and does not take exception, nor object to the terms of the RFQ. Quotes that are not technically acceptable will not be considered for award. Award will be made on an all or none basis. The Government reserves the right to assess the lowest priced

National Cancer Institute RFQ #75N91024Q00080 Page 5 of 23 quote only. If the lowest priced quote is found to be technically unacceptable, the Government will then assess the second lowest priced quote and continue this process until an award can be made. If you are providing an “equal” product, you must submit additional documentation that highlights and describes how your offering is equal in accordance with FAR Clause 52.211-6.

The Government anticipates selecting the best suited quote from initial RFQ responses, without engaging in exchanges. Therefore, the quoter’s initial responses should contain the best terms from a price and technical standpoint. Once the Government determines the quote that is the best-suited (i.e., the apparent successful quote), the Government reserves the right to communicate with only that quoter to address any remaining issues, if necessary, and finalize an award with that quoter. These issues may include issues with technical, pricing, and terms and conditions. If the Government seeks revisions or clarifications, the Government will provide a reasonable deadline for submission of those revisions/clarifications based on the complexity of the request. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best-suited quote based on the original analysis and address any remaining issues. Once the government has begun communications with the next best-suited quoter, no further communications with the previous quoter will be entertained until after the award has been awarded. This process may continue until an agreement is successfully reached and an award is made. The Government also reserves the right to reject any or all quotes or cancel the RFQ if such action is in the public interest, accept other than the lowest quote, and waive informalities and minor irregularities in quotes received.

SECTION 3 - ITEMS OR SERVICES TO BE ACQUIRED:

The Department of Health and Human Services (HHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR), Center for Immuno- Oncology (CIO), has a need for a Brand Name or Equal Mabtech IRIS 2 Immunoassay Reader.

The anticipated line items and pricing structure are as follows:

ITEM DESCRIPTION QTY UNI

T

UNIT

PRICE

TOTAL

PRICE

1 One (1) Brand Name or Equal Mabtech IRIS 2 Immunoassay Reader (Product #2000)

1 Ea

2 Installation and training session.in accordance with the Statement of Need (SON) (See Sections 4.3 and 4.4)

1 Ea

Table 1: Line items above merely reflect the Government’s anticipated line-item structure and is subject to change based-on responses, quotes received, items offered, etc.…

Please see the Statement of Need (SON) attached to RFQ posting for a detailed technical description of the Government’s requirement.

National Cancer Institute RFQ #75N91024Q00080 Page 6 of 23

SECTION 4 – SOLICITATION PROVISIONS:

FAR 52.204-24 Representations Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, National Cancer Institute RFQ #75N91024Q00080 Page 7 of 23 regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It will, ☐ will ☐ not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

National Cancer Institute RFQ #75N91024Q00080 Page 8 of 23

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

National Cancer Institute RFQ #75N91024Q00080 Page 9 of 23

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov/browse/index/far https://www.acquisition.gov/hhsar

(End of provision)

FEDERAL ACQUISITION REGULATION (FAR) – PROVISIONS INCORPORATED

BY REFERENCE:

Provision No.: Title Date FAR 52.204-7 System for Award Management OCT 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 FAR 52.211-6 Brand Name or Equal AUG 1999 FAR 52.212-1 Instructions to Offerors Commercial Items SEP 2023 FAR 52.212-3 Offeror Representations and Certifications-Commercial

Items (Provision in full-text included as attachment)

FEB 2024

(END OF PROVISIONS)

SECTION 5 – TERMS AND CONDITIONS:

5.1 GENERAL REQUIREMENTS

5.1.1 INVOICING AND PAYMENT

Payment shall be made upon delivery, installation, training, inspection, and acceptance of the product. The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25.

Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements A. An invoice is the Contractor’s bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an “Original” which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect

National Cancer Institute RFQ #75N91024Q00080 Page 10 of 23 within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats, or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be considered in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the

NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number;

General Services Administration number); or BPA Call Number and BPA Parent Award Number.

7. Unique Entity Identifier (UEI) which is in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

8. Federal Taxpayer Identification Number (TIN). In those rare cases where a contractor does not have a UEI number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered, or services performed, as applicable, and that match the line items specified in the award.

NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier’s receipt.

B. The Contractor shall submit invoices to the Department of Treasury’s Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official, as directed below.

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The Contractor shall submit a copy of the electronic invoice to the following NCI TPOC:

Name- TBD at Award Email Address- TBD at Award

For inquiries regarding the status of invoices, contact OFM Customer Service via email at ofm_customer_service@incontactemail.com or via phone at 301-496-6088. To send your inquiries via other available communication methods refer to the OFM Customer Service website at https://ofm.od.nih.gov/Pages/Customer-Service.aspx.

Note: The OFM Customer Service is open Eastern Standard Time Monday – Friday from 8:30 a.m. to 5:00 p.m. and is closed between 12:00 p.m. to 1:00 p.m.

II. Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

(a) PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS,

FAR 52.232-40 (MAR 2023)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum

National Cancer Institute RFQ #75N91024Q00080 Page 12 of 23 extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial service.

(b) V. HHSAR 352.232-71 Electronic Submission of Payment Requests (February 2, 2022)

(c) 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 .

(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 Invoicing Instructions)

5.2 CONTRACT CLAUSES

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

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(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:

☐ (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).

☐ (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.)

☒ (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).

☒ (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).

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☒(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.

☒ (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).

☐ (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 (SEP

2021) (15 U.S.C. 657a).

☒ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (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.

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

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☐ (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.

☐ (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 (SEP 2021) (15 U.S.C. 637s).

☐ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ 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)

☒ (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.

☐ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP

2021) (15 U.S.C. 637(m)).

☐ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) (15 U.S.C. 644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

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☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

☒ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

☐ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

☐(ii) Alternate I (FEB 1999) of 52.222-26.

☐ (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (JUL 2014) of 52.222-35.

☐ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities

(JUN 2020) (29 U.S.C. 793).

☐ (ii) Alternate I (JUL 2014) of 52.222-36.

☐ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

☒ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021)

(22 U.S.C. chapter 78 and E.O. 13627).

☐ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

☐ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

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☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

☐ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN

2014) (E.O.s 13423 and 13514).

☐(ii) Alternate I (OCT 2015) of 52.223-13.

☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN

2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (JUN 2014) of 52.223-14.

☐ (46) 52.223-15, Energy Efficiency in Energy Consuming Products (MAY 2020) (42 U.S.C. 8259b).

☒ (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (JUN 2014) of 52.223-16.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

☐ (51) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (JAN 2017) of 52.224-3.

☐ (52) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

☒ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐ (ii) Alternate I [RESERVED]

☒ (iii) Alternate II (DEC 2023) of 52.225-3.

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☐ (iv) Alternate III (NOV 2023) of 52.225-3.

☐ (iv) Alternate IV (OCT 2022) of 52.225-3.

☐ (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

☒ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

☐ (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

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☐ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (APR 2003) of 52.247-64.

☐ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

☐ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

☐ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

National Cancer Institute RFQ #75N91024Q00080 Page 20 of 23

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct

(NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV

2021) (Section 1634 of Pub. L. 115-91).

(v) 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).

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

National Cancer Institute RFQ #75N91024Q00080 Page 21 of 23

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021)

(22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

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(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(xxii)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/hhsar

(End of Clause)

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FEDERAL ACQUISITION REGULATION (FAR) – CLAUSES INCORPORATED BY

REFERENCE:

Clause No.: Title Date FAR 52.204-13 System for Award Management Maintenance OCT 2018 FAR 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

FAR 52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services

NOV 2023

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

FAR 52.247-35

F.O.B Destination, Within Consignee’s Premises APR 1984

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) –

CLAUSES INCORPORATED BY REFERENCE:

Clause No.: Title Date

HHSAR 325.222-

Contractor Cooperation in Equal Employment Opportunity Investigations

DEC 2015

HHSAR 352.227-

Publications and Publicity DEC 2015

HHSAR 352.237-

Non-Discrimination in Service Delivery DEC 2015

(END OF CONTRACT CLAUSES)