CSS_75N95023Q00214.pdf

Solicitation No. 75N95023Q00214

Title: Startle reflex/tremor monitor system.

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 separate written solicitation will not be issued.

ii. This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Items and is not expected to exceed the simplified acquisition threshold. A fixed-price type of purchase order is contemplated for this requirement.

The solicitation number is 75N95023Q00214 and the solicitation is issued as a Combined Synopsis Solicitation (CSS) in accordance with FAR Part 13.302- Purchase Orders.

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-03 / 04-26-2023.

iv. The North American Industry Classification System (NAICS) code for this procurement is 334516 – Analytical Laboratory Instrument Manufacturing. This is a Competitive Small Business Set-Aside under the NIACS code 334516.

v. Description:

The Government requires a brand name or equal Startle reflex/tremor monitor system.

Please refer to Attachment 1 – Purchase Description for additional details and salient characteristics.

vi. Please refer to Attachment 1 – Purchase Description for details and information describing the quantity, salient characteristics, requirements, and location for the delivery of services.

vii. The provision at FAR Clause 52.212-1 Instructions to Offerors—Commercial Items is applicable to this solicitation.

viii. The provision at FAR Clause 52.212-2, Evaluation-Commercial Items (OCT 2014) applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Selection of an offeror for contract award will be based on an evaluation of proposals against five factors. The factors are: Technical, Contract Management and Customer

Support, and Delivery of Services, Past Performance, and Price. Although technical factors are of paramount consideration in the award of the contract, price and past performance are also important to the overall contract award decision. All evaluation factors other than price, when combined, are significantly more important than price.

The Government intends to make an award to that offeror whose proposal provides the best overall value to the Government.

The evaluation will be based on the demonstrated capabilities of the prospective Contractors in relation to the needs of the project as set forth in the SOLICITATION.

The merits of each proposal will be evaluated carefully. Each proposal must document the feasibility of successful implementation of the requirements of the SOLICITATION.

Offerors must submit information sufficient to evaluate their proposals based on the detailed factors listed below.

The evaluation factors are used when reviewing the proposals.

1. Technical Capability and Functionality

NIDA shall evaluate the offeror’s technical approach for overall capability and functionality in relation to the General Requirement, Salient Characteristics, Quantity and Deliverables as described in the Purchase Description.

2. Contract Management and Customer Support

NIDA shall evaluate the offeror’s ability to provide a high level of customer service, particularly in the area of initial responsiveness and resolution of device and service problems.

3. Speed and Delivery of Services

NIDA shall evaluate the offeror’s technical approach for completeness, feasibility, soundness and practicality of the proposed approach and work plan for accomplishing the requirements of the statement of work.

4. Past Performance

Offerors will be evaluated based on information obtained from references provided by the offeror, other relevant past performance information obtained from other sources known to the Government, and any information supplied by the offeror concerning problems encountered on the identified contracts and corrective action taken.

Furthermore, the Government will assess the relative risks associated with each offeror. Performance risks are those associated with an offeror's likelihood of success in performing the acquisition requirements as indicated by that offeror's record of past performance. The assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of an offeror's performance on a list of contracts but rather the product of subjective judgment by the Government after it considers all available and relevant information.

PRICE EVALUATION

Offerors price quote will be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market. Normally, price reasonableness is established through adequate price competition, but may also be determined through cost and price analysis techniques. Price evaluation will not be conducted on any Offeror determined to be technically unacceptable.

Offerors may respond with a proposal indicating their ability to provide the technical specifications stated in this solicitation. Responses will be evaluated based on the contractor’s ability to meet the Government’s requirements.

EVALUATION OF OPTIONS

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

ix. The provision at FAR Clause 52.212-3, Offeror Representations and Certifications

Commercial Items, applies to this acquisition.

x. The provision at FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition. See Attachment 2.

xi. The provision of FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items, applies to this acquisition.

See Attachment 3.

xii. There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.

xiii. The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

xiv. Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. Responses to this solicitation must include clear and convincing evidence of the Offeror’s capability of fulfilling the requirement as it relates to the government requirements stated in this solicitation.

The Contractor shall submit its quote electronically.

Offerors MUST include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications Commercial Items, with their offer, OR provide a copy of the valid certifications registrations and Representation and Certifications from the System of Award Management (SAM) applications at www.SAM.gov, which may be indicated on the Offeror’s cover sheet.

In addition the vendor Unique Entity Identifier (UEI) and the certification of business size must be included in the response. All Offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

All responses must be received no later than May 30th, 2023, 1:00 pm EST. Late responses may not be accepted. All responses must reference solicitation number 75N95023Q00214. Responses must be submitted electronically to the Contracting Officer, Josh Lazarus at josh.lazarus@nih.gov. For information regarding this solicitation, please contact Josh Lazarus at josh.lazarus@nih.gov.

xv. DATE QUESTIONS DUE: Questions and requests for clarification must be submitted electronically to Josh Lazarus at josh.lazarus@nih.gov on or before 11:00 AM EST, May 26, 2023. Fax responses will NOT be accepted.

CSS No. 75N95023Q00214 Attachment #1- Purchase Description

Version 11-30-2016-1 FAR Part 11—Describing Agency Needs

PURCHASE DESCRIPTION

1. Statement of Need and Purpose: Drug addiction is often accompanied of other psychiatric conditions, such as anxiety and schizophrenia. This suggests that these disorders share biological mechanisms. However, we know very little about these mechanisms. Enhanced startle reflex is a sign of anxiety/arousal that is conserved across species, thus acquiring a startle reflex system for use in rats and mice will produce translational relevant data. With the same devices, we can measure prepulse inhibition, which is compromised in schizophrenia and could also be changed in drug addiction, and tremor that is observed during alcohol withdrawal.

2. Background Information and Objective: The PI at the Stress & Addiction

Neuroscience unit has experience with the interaction of startle reflex, prepulse inhibition and drug dependence in rodents. The objective of this purchase is to be able to measure anxiety- and schizophenia-like symptoms in drug dependent and nondependent rodents.

Drug dependence is a complex psychiatric condition characterized by craving, compulsive drug seeking, excessive drug taking, and the emergence of negative emotional states during withdrawal. We have been developing rodent models that produce signs of drug dependence that strongly resemble the human condition. Rats that receive addictive drugs exhibit anxiety and schizophrenia signs. Using these models, we will investigate the neurobiology of drug dependence in rodents

3. Generic Name of Product: Startle reflex/tremor monitor system.

4. Purchase Description: NIDA require the following brand name or equal Startle reflex/tremor monitor system:.

1. Qty. 1: SR-LAB/TREMOR MONITOR COMBO SYSTEM System includes: SR-LAB

Control Software, Tremor Control Software, One Test Station with “ABS” Cabinet, SR-LAB-Tremor Monitor Mouse Animal Enclosure (7500-0399), USB Connection Chassis, User’s Manual, and all required cables and connectors. Part no. 2325-0426

2. Qty. 3: SR-LAB/TREMOR MONITOR COMBO - ADDITIONAL TEST STATION Includes: SR-LAB-Tremor Monitor Mouse Animal Enclosure (7500-0399) and all cables and connectors. Part no. 2325-0427

3. Qty. 1: SR-LAB STANDARDIZATION UNIT. Part no. 2325-0078

4. Qty. 1: TREMOR STANDARDIZATION UNIT. Part no. 2325-0287

5. Qty. 4: TREMOR MONITOR RAT ANIMAL ENCLOSURE. Part no. 7500-0348

6. Qty. 4: SR-LAB MEDIUM ANIMAL ENCLOSURE, 6"(L) x 2.25"(ID). Part no.7500-

7. Qty. 4: SR-LAB LARGE ANIMAL ENCLOSURE, 8"(L) x 3.5"(ID). Part no. 7500-0323

8. Qty. 4: SR-LAB X-LARGE ANIMAL ENCLOSURE, 10" (L) x 5" (ID). Part no. 7500-

9. Qty. 4: POTENTIATED STARTLE KIT Includes: Shocker, Grid Floor for Subject Enclosure & Cue Light. Part no. 2325-0404

10. Qty. 4: SR-LAB MEDIUM SHOCK GRID. Part No. 7500-0005

11. Qty. 4: SR-LAB LARGE SHOCK GRID. Part No. 7500-0004

12. Qty. 4 SR-LAB X-LARGE SHOCK GRID. Part No. 7500-0011

13. Qty. 1: SR-LAB AIR PUFF SYSTEM System inlcudes a single valve for one test chamber. Three additional valves can be added for up to four test stations. Part No.

7500-0402

14. Qty. 3: SR-LAB AIR PUFF ADDITIONAL STATION. Part no. 7500-0403

15. Qty. 4: SR-LAB LIGHT BAR. Part no. 7500-0383\

16. Qty. 1: SR-LAB LIGHT BAR CONTROL BOX Includes: Light Control Box with

Intensity Control, 4 Light Bar Connections, and BNC cable to connect to Digital Port on USB Control Box. Part no. 7500-0386

17. Qty. 1: PURE TONE AUDITORY SYSTEM (Up to 4 test stations) Includes: software, audio amplifier, function generator and all cables and connectors. Part No. 7500-

18. Qty. 3: PURE TONE SPEAKER ASSEMBLY (PER TEST STATION) Part no. 7500- 0351.

19. Qty. 1: SHOCK LEVEL TESTER. Part no. 2325-0358

20. Qty. 1: SR-LAB TABLE SIX FOOT Extremely stable table 72” W x 24” D with work surfaces at 36" & 60". Holds up to eight test stations or seven stations and a computer. On heavy-duty casters. Ten electrical outlets built into the structure. Part

no. 7300-0055

21. Qty. 1: CONFIGURED COMPUTER - LAPTOP High Performance Laptop PC with San Diego Instruments' SR-LAB Application and Drivers Pre-installed and Fully Tested. Part no. 2025-0003

5. Salient characteristics

1. Capable of supporting 16 test stations from a single computer with no additional control boxes required.

2. An accelerometer sensor capable of sensing the sudden changes in a startle reflex and providing accurate responses regardless of the weight of the animal.

3. The tubular shaped animal enclosure with closely coupled sensor to keep the animal centered over the sensor for consistent results.

4. Software capable of setting up any startle paradigm.

5. A variable Inter-Trial Intervals defined by the user to eliminate the possibility of the subject discerning a pattern to the trials.

6. A vibrating Standardization Unit for calibration of responses.

7. Tabulated data in a raw format allowing viewing of the actual wave form generated.

8. The use of multiple data points provides a more accurate calibration.

9. Compatibility with a Microsoft® Access database which provides multiple export formats to statistics packages.

10. A CE electromagnetic immunity and safety certification.

11. An interfaces to the computer via USB.

12. Specific animal enclosures for tremor testing.

13. These enclosures have been designed using specific materials to provide the proper response for tremor testing.

14. Software for tremor testing. For tremor testing the user can specify frequencies to be monitored which are later presented for analysis via FFT. FFT data quickly shows the most powerful frequency recorded.

15. The ability to run up to 34 minutes and the data can be reviewed in 2-minute increments.

16. The capability to expand up to multiple test stations, up to eight Tremor Monitor System test stations can be supported from a single computer.

17. Test stations can be used for either type of testing simply by changing the animal enclosure, changing a switch on each test station and starting the correct software.

This saves much space in the lab.

18. All test stations are connected to a single control box. This control box is then connected to the computer via a USB cable.

19. The software for both systems provides a very similar look and feel eliminating significant training time. If a user understands one system they can easily run the other system.

20. Warranty and Product Support:

a. At a minimum the Warranty should include:

b. 1-year manufacturer warranty on all parts and labor included

c. Replacements for shipping damage

d. Replacements for manufacturing defect upon examination

e. Temporary replacement units during warranty period

f. Coverage of shipping cost of temporary replacement unit to the customer

21. At a minimum Support should include:

a. Introductory onsite training and support,

b. Technical support by phone and email,

c. Temporary replacement units during repair period

d. Additionally, extended warranty options are available.

6. Delivery Date: Delivery 45 days after receipt of order.Delivery Shall be made to the following:

Leandro Vendruscolo NIH Biomedical Research Center Rm. 08A727 251 Bayview Blvd.

Baltimore MD, 21224

7. Period of Performance:

Base Period: June 13, 2023 through June 12, 2024

8. Option(s): Option Period 1: June 13, 2024 through June 12, 2025 Option Period 2: June 13, 2025 through June 12, 2026 Option Period 3: June 13, 2026 through June 12, 2027 Option Period 4: June 13, 2026 through June 12, 2028

Addendum to FAR 52.212-4 Terms and Conditions – Commercial Items

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements – Unenforceable Clauses paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements – Unenforceable Clauses provision.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(w) Commercial supplier agreements–unenforceable clauses.

(1) Definition. For the purpose of this contract, “Commercial supplier agreements” (referred to at FAR 12.216 as “Supplier License Agreements”) means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of “commercial item” set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies–

(a) Regardless of the format or style of the document. For example, a commercial supplier agreement may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order;

(b) Regardless of the media or delivery mechanism used. For example, a commercial supplier agreement may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

Attachment #2- FAR 52.212-4

(2) When any supply or service acquired under this contract is subject to a commercial supplier agreement, and notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement.

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR Part 12).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph 52.212-4(d) (Disputes).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S.

Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user’s compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with subparagraph (d) (Disputes); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(3) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (1), the language, provisions, or clause of paragraph (1) shall prevail to the extent of such inconsistency.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

[Contracting officer check as appropriate.]

CSS No. 75N95023Q00214 Attachment #3- FAR 52.212-5 https://www.acquisition.gov/far/52.203-6 https://www.acquisition.gov/far/52.203-13 https://www.acquisition.gov/far/52.203-15 https://www.acquisition.gov/far/52.204-10 https://www.acquisition.gov/far/52.204-14 https://www.acquisition.gov/far/52.204-15 https://www.acquisition.gov/far/52.209-6 https://www.acquisition.gov/far/52.209-9 https://www.acquisition.gov/far/52.219-3 https://www.acquisition.gov/far/52.219-4 https://www.acquisition.gov/far/52.219-6 https://www.acquisition.gov/far/52.219-7 https://www.acquisition.gov/far/52.219-8 https://www.acquisition.gov/far/52.219-9 https://www.acquisition.gov/far/52.219-13 https://www.acquisition.gov/far/52.219-14 https://www.acquisition.gov/far/52.219-16 https://www.acquisition.gov/far/52.219-27 https://www.acquisition.gov/far/52.219-28 https://www.acquisition.gov/far/52.219-29 https://www.acquisition.gov/far/52.219-30 https://www.acquisition.gov/far/52.219-32 https://www.acquisition.gov/far/52.219-33 https://www.acquisition.gov/far/52.222-3 https://www.acquisition.gov/far/52.222-21 https://www.acquisition.gov/far/52.222-26 https://www.acquisition.gov/far/52.222-35 https://www.acquisition.gov/far/52.222-36 https://www.acquisition.gov/far/52.222-37 https://www.acquisition.gov/far/52.222-40 https://www.acquisition.gov/far/52.222-50 https://www.acquisition.gov/far/52.222-54 https://www.acquisition.gov/far/52.223-9 https://www.acquisition.gov/far/52.223-11 https://www.acquisition.gov/far/52.223-12 https://www.acquisition.gov/far/52.223-13 https://www.acquisition.gov/far/52.223-14 https://www.acquisition.gov/far/52.223-15 https://www.acquisition.gov/far/52.223-16 https://www.acquisition.gov/far/52.223-18 https://www.acquisition.gov/far/52.223-20 https://www.acquisition.gov/far/52.222-19 https://www.acquisition.gov/far/52.223-21 https://www.acquisition.gov/far/52.224-3 https://www.acquisition.gov/far/52.225-1 https://www.acquisition.gov/far/52.225-3 https://www.acquisition.gov/far/52.225-5 https://www.acquisition.gov/far/52.225-13 https://www.acquisition.gov/far/52.225-26 https://www.acquisition.gov/far/52.226-4 https://www.acquisition.gov/far/52.226-5 https://www.acquisition.gov/far/52.232-29 https://www.acquisition.gov/far/52.232-30 https://www.acquisition.gov/far/52.232-33 https://www.acquisition.gov/far/52.232-34 https://www.acquisition.gov/far/52.232-36 https://www.acquisition.gov/far/52.239-1 https://www.acquisition.gov/far/52.242-5 https://www.acquisition.gov/far/52.247-64 https://www.acquisition.gov/far/52.229-12 https://www.acquisition.gov/far/52.222-41 https://www.acquisition.gov/far/52.222-42 https://www.acquisition.gov/far/52.222-43 https://www.acquisition.gov/far/52.222-44 https://www.acquisition.gov/far/52.222-51 https://www.acquisition.gov/far/52.222-53 https://www.acquisition.gov/far/52.222-55 https://www.acquisition.gov/far/52.222-62 https://www.acquisition.gov/far/52.226-6

FAR 52.212-5 as of FAC 2023-02 (3/16/2023) Edited 03/23/2023

Updated on March 21, 2023

Invoice and Payment Provisions (Vendor has Transitioned to IPP)

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 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.*

Attachment #4- Invoice Instructions

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.

The Contractor shall submit a copy of the electronic invoice to the following Approving Official (Contracting Officer) and Contracting Officer Representative:

Approving Official: Contracting Officer Name- Email Address-

Contracting Officer Representative Name- Email Address-

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

CSS No. 75N95023Q00214 https://www.ipp.gov/ 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.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR

52.232-40 (Mar 2023).

(a)

(1) In accordance with 31 U.S.C. 3903 https://www.govinfo.gov/link/uscode/31/3903 and 10

U.S.C. 3801 https://www.govinfo.gov/link/uscode/10/3801 , within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum 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.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) 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 services.

(End of clause).

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

CSS No. 75N95023Q00214 Attachment #4- Invoice Instructions https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 http://www.ipp.gov/

(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).

(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 and Other Covered Entities (Nov 2021) (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)).