CSS No. 75N95023Q00075 Final.pdf

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FAR Part 11—Describing Agency Needs

CSS No. 75N95023Q00075 Attachment #1- Statement of Work

Title of Project:

Statement of Need, Purpose, and/or Objective:

Background Information:

Period of Performance:

General Requirements:

STATEMENT OF WORK (SERVICES)

(SOW)

GENERAL INFORMATION

Purchase of the Service Agreement for the BOND RXm staining system, Serial number M494125 for the Infections of the Nervous Systems Section (INSS), National Institute of Neurological Disorders and Stroke (NINDS), Building 10 Room 7C120.

The BOND RXm instrument has been purchased by the INSS lab in 2020, Order No. GS-07F- 5934R / 75N95020F00179. The lab require service agreement for the maintenance and repair of the BOND RXm staining system.

The mission of the Infections of the Nervous Systems Section (INSS) lab is to study the Neuropathogenesis of viral infections including SARS-COV2, HIV, HERV-K and other infections. The INSS lab is trying to characterize neuropathology in a large cohort of COVID-19 patients, HIV, ALS and other neurological disorders using antibody immunostaining. With the automated BOND RXm staining system the lab is able to stain the entire case in excellent quality in a short amount of time. The results obtained from the BOND RXm staining system are reproducible. Thus, automated staining system can ensure quality of staining, reproducibility, and speed. By standardization, performing the validated protocols on the automated instruments is less demanding, and that work can be shared by more lab members.

The purchase of the Service contract on BOND RXm system is required to maintain the equipment in a good condition and prevent from projects delays.

NINDS anticipates that the Base Period of performance for this requirement shall be 1/26/2023 to 1/25/2024. In accordance with 52.217-9 Option to Extend the Term of the Contract, NIDA anticipates the need for four (4) additional 12-month periods of performance. If exercised the period of performance shall be extended as follows:

Option Period 1: 1/26/2024 to 1/25/2025 Option Period 2: 1/26/2025 to 1/25/2026 Option Period 3: 1/26/2026 to 1/25/2027 Option Period 4: 1/26/2027 to 1/25/2028

If all options are exercised the period of performance shall be 1/26/2023 to 1/25/2028.

SCOPE OF WORK

NINDS requires a service agreement for the BOND RXm System, Equipment No.

12778895Serial number M494125) located in Building 10, Room 7C120.

FAR Part 11—Describing Agency Needs

Attachment #1- Statement of Work

Specific Requirements:

Travel:

NINDS requires an authorized service provider, with authorized technicians who have access to OEM updates and upgrades.

The Contractor shall provide the NINDS with Silver Service Package for emergency repair service as required during the hours of 08:00am - 05:00pm, Monday through Friday.

The service agreement shall include all repair parts, labor, and travel , as well as 1 Preventative Maintenance visit per agreement year.

The contract will cover:

• 100% Service labor and travel

• 100% Certified OEM Replacement repair parts

• Priority service scheduling

• Planned maintenance inspections

• Reliability Updates

• Technical Support - Phone, Email, and Web The instrument must be fully supported by Leica certified manufacturer trained service professionals.

GOVERNMENT RESPONSIBILITIES

The Government will provide Contractor personnel access to the Equipment for the required service maintenance and repair support. Service technicians will have to be cleared at the commercial vehicle inspection station at the following address:

Myoung Hwa Lee-

NIH/NINDS-

myounghwa.lee@nih.gov

9000 Rockville Pike, Building 10, Room 7C120 Bethesda, MD

443-416-7772

OTHER CONSIDERATIONS

The Government is not responsible any travel The travel will be covered by contractor

The Contractor will be responsible for ensuring that the personnel assigned for service have the technical competence required to complete the service within 30-35 days after receipt of order and will provide data to the Government.

Key Personnel:

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 (DEC 2022)

[Contracting officer check as appropriate.]

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

FAC 52.212-5 as of FAC 2023-01 (12/30/2022) Edited 01/03/2023

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Aug 2018)

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52:

203-6 box: Off

203-6 link: 52.203-6

203-6 text: Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

203-15 box: Off

203-15 link: 52.203-15

203-15 text: Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

203-13 box: Off

203-13 link: 52.203-13

203-13 text: Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

204-10 box: Yes

204-10 link: 52.204-10

204-10 text: Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

204-14 box: Off

204-14 text: Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

204-14 link: 52.204-14

204-15 box: Off

204-15 text: Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

204-15 link: 52.204-15

209-6 box: Yes

209-6 text: Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

209-9 box: Off

209-9 text: Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

219-3 text: Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

219-3 link: 52.219-3

219-3 box: Yes

219-4 box: Off

219-4 link: 52.219-4

219-4 text: (i), 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).

219-6 box: Off

219-6 link: 52.219-6

219-6 text: (i) Notice of Total Small Business Set-Aside (Nov 2020) of 52.219-6 (15 U.S.C. 644).

219-6 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-6.

219-6 Alt I box: Off

219-7 box: Off

219-7 link: 52.219-7

219-7 text: (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

219-9 Alt IV box: Off

219-9 Alt IV text: (v) Alternate IV (Sep 2021) of 52.219-9.

219-8 box: Off

219-8 text: Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

219-8 link: 52.219-8

219-13 box: Off

219-13 text: (i) Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

219-13 link: 52.219-13

219-14 box: Off

219-14 text: Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)).

219-14 link: 52.219-14

219-16 box: Off

219-16 text: Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

219-16 link: 52.219-16

219-27 box: Off

219-27 text: Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657 f).

219-27 link: 52.219-27

219-28 box: Yes

219-28 text: Post Award Small Business Program Rerepresentation (Oct 2022) (15 U.S.C. 632(a)(2)). May require contractor completion.

219-28 link: 52.219-28

219-29 box: Off

219-29 text: Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

219-29 link: 52.219-29

219-30 box: Off

219-30 link: 52.219-30

219-30 text: Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

222-26 link: 52.222-26

222-35 box: Off

222-35 text: (i) Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

222-26 Alt I text: (ii) Alternate I (Feb 1999) of 52.222-26. If this is checked, some terms have been waived.

222-35 link: 52.222-35

222-35 Alt I text: (ii) Alternate I (July 2014) of 52.222-35. If this box is checked, some terms have been waived.

222-37 box: Off

222-37 link: 52.222-37

222-37 text: Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

222-36 box: Off

222-36 link: 52.222-36

222-36 text: (i) Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

222-36 Alt I text: (ii) Alternate I (July 2014) of 52.222-36. If this box is checked, some terms have been waived.

222-40 box: Off

222-40 link: 52.222-40

222-40 text: Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

222-50 box: Yes

222-50 link: 52.222-50

222-50 text: (i) Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

222-50 Alt I text: (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). Alt I requires CO completion.

222-54 box: Off

222-54 link: 52.222-54

222-54 text: 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.)

223-11 box: Off

223-11 link: 52.223-11

223-11 text: Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). Requires contractor completion.

223-12 box: Off

223-12 link: 52.223-12

223-12 text: Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

223-9 box: Off

223-9 link: 52.223-9

223-9 text: (i) 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.) Requires CO completion.

223-9 Alt I box: Off

223-9 Alt I text: (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.) Alt I requires contractor certification.

223-13 text: (i), Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

223-13 Alt I box: Off

223-13 Alt I text: (ii) Alternate I (Oct 2015) of 52.223-13.

223-13 box: Off

223-13 link: 52.223-13

223-14 box: Off

223-14 link: 52.223-14

223-14 text: (i) Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

223-14 Alt I box: Off

223-14 Alt I text: (ii) Alternate I (Jun 2014) of 52.223-14.

223-15 box: Off

223-15 text: Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

223-15 link: 52.223-15

223-18 box: Yes

223-18 link: 52.223-18

223-18 text: Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

223-20 box: Off

223-20 text: Aerosols (JUN 2016) (E.O. 13693).

223-20 link: 52.223-20

223-16 box: Off

223-16 link: 52.223-16

223-16 text: (i), Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

223-16 Alt I box: Off

223-16 Alt I text: (ii) Alternate I (Jun 2014) of 52.223-16.

224-3 box: Off

224-3 link: 52.224-3

224-3 text: (i), Privacy Training (JAN 2017) (5 U.S.C. 552a).

224-3 Alt I box: Off

224-3 Alt I text: (ii) Alternate I (JAN 2017) of 52.224-3.

223-21 box: Off

223-21 text: Foams (JUN 2016) (E.O. 13693).

223-21 link: 52.223-21

225-1 link: 52.225-1

219-9 box: Off

219-9 link: 52.219-9

219-9 text: (i), Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

219-9 Alt II box: Off

219-9 Alt II text: (iii) Alternate II (Nov 2016) of 52.219-9.

219-9 Alt III box: Off

219-9 Alt III text: (iv) Alternate III (Jun 2020) of 52.219-9.

225-3 Alt II box: Off

225-3 Alt II text: (iii) Alternate II (Dec 2022) of 52.225-3.

225-5 box: Off

225-5 link: 52.225-5

225-5 text: Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

225-13 box: Yes

225-13 link: 52.225-13

225-13 text: 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).

225-26 box: Off

225-26 link: 52.225-26

225-26 text: 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. 2302 Note).

226-4 box: Off

226-4 link: 52.226-4

226-4 text: Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). Requires CO completion.

232:

29 box: Off

30 box: Off

33 box: Off

34 box: Off

36 box: Off

232-29 link: 52.232-29

232-29 text: Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

232-30 link: 52.232-30

232-30 text: Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

232-33 link: 52.232-33

232-33 text: Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

232-34 link: 52.232-34

232-34 text: Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). Requires CO completition.

232-36 link: 52.232-36

232-36 text: Payment by Third Party (May 2014) (31 U.S.C. 3332).

239-1 box: Off

239-1 link: 52.239-1

239-1 text: Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

242-5 box: Off

242-5 link: 52.242-5

242-5 text: Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

225-3 box: Off

225-3 Alt I box: Off

225-3 link: 52.225-3

225-3 text: (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 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.

225-3 Alt I text: (ii) Alternate I [Reserved]

247-64 box: Off

247-64 link: 52.247-64

247-64 text: (i), Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

222-41 box: Yes

222-41 link: 52.222-41

222-41 text: Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

222-42 box: Yes

222-42 link: 52.222-42

222-42 text: Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). Requires CO completion.

222-43 box: Yes

222-43 text: 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).

222-43 link: 52.222-43

222-44 box: Off

222-44 link: 52.222-44

222-44 text: Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

222-51 box: Off

222-51 link: 52.222-51

222-51 text: 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).

222-53 box: Off

222-53 link: 52.222-53

222-53 text: Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

222-55 link: 52.222-55

222-55 box: Off

222-55 text: Minimum Wages Under Executive Order 13658 (Jan 2022).

222-62 box: Off

222-62 link: 52.222-62

222-62 text: Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

226-6 box: Off

226-6 link: 52.226-6

226-6 text: Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

212-5(d) text: (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.

(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.

212-5(e) text: (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) 52.203-19, 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)).

(iii) 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).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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.

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

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

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

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

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

(xi) 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.

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

(xiii) (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 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).

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 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).

(xxi) 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.

(xxii) 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.

212-5 end of clause: (End of clause)

212-5 Alt I text: Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

247-64 Alt I box: Off

247-64 Alt I text: (ii) Alternate I (Apr 2003) of 52.247-64.

247-64 Alt III box: Off

247-64 Alt II text: (iii) Alternate II (Nov 2021) of 52.247-64.

212-5(c) text: (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

222-50 Alt I box: Off

222-36 Alt I box: Off

209-6 link: 52.209-6

209-9 link: 52.209-9

222-26 text: (i) Equal Opportunity (Sept 2016) (E.O. 11246).

212-5(a): (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 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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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)).

212-5(b): (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 items:

222-3 box: Off

222-19 box: Off

222-21 box: Yes

222-3 link: 52.222-3

222-3 text: Convict Labor (June 2003) (E.O. 11755).

222-19 text: Child Labor—Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126).

222-21 text: Prohibition of Segregated Facilities (Apr 2015).

219-9 Alt I box: Off

219-9 Alt I text: (ii) Alternate I (Nov 2016) of 52.219-9.

219-28 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-28.

219-28 Alt I box: Off

219-32 box: Off

219-32 link: 52.219-32

219-32 text: Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

219-33 box: Off

219-33 link: 52.219-33

219-33 text: Nonmanufacturer Rule (Sep 2021)(15 U.S.C. 637(a)(17)).

222-26 box: Yes

222-26 Alt I box: Off

222-35 Alt I box: Off

226-5 box: Off

226-5 text: Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

226-5 link: 52.226-5

229-12 box: Off

229-12 link: 52.229-12

229-12 text: Tax on Certain Foreign Procurements—Notice and Representation (Feb 2021)

212-5 Clause Fill-in:

219-7 Alt I box: Off

219-7 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-7.

219-13 Alt I box: Off

219-13 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-13.

222-21 link: 52.222-21

222-19 link: 52.222-19

212-5 Alt II text: Alternate II. (Dec 2022) As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

(C) 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).

(D) 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).

(E) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (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.

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

(G) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

(J) 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.

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

(L) ___ (1) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

___ (2) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(M) 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).

(N) 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).

(O) 52.222-54, Employment Eligibility Verification (NOV 2021) (Executive Order 12989).

(P) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(R) (1) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

(S) 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).

(T) 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.

(U) 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.

225-1 box:

0: Off

1: Off

225-1 text:

0: (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

1: (ii) Alternate I (Oct 2022) of 52.225-1.

225-3 Alt III box:

0: Off

1: Off

225-3 Alt III text:

0: (iv) Alternate III (Jan 2021) of 52.225-3.

1: (v) Alternate IV (Oct 2022) of 52.225-3.

(1): (1)

(3): (3)

(2): (2)

(6): (6)

(7): (7)

(8): (8)

(5): (5)

[Reserved]: [Reserved].

(9): (9)

(11): (11)

(10): (10)

(13): (13)

(12): (12)

(14): (14)

(15): (15)

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(18): (18)

(19): (19)

(20): (20)

(21): (21)

(22): (22)

(23): (23)

(24): (24)

(17): (17)

Contracting Officer check as appropriate: [Contracting Officer check as appropriate.]

Svc (2): (1)

Svc (3): (2)

Svc (4): (3)

Svc (5): (4)

Svc (6): (5)

Svc (7): (6)

Svc (8): (7)

Svc (9): (8)

Svc (10): (9)

(4): (4)

(25): (25)

(26): (26)

(53): (53)

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(50): (50)

(49): (49)

(48): (48)

(47): (47)

(46): (46)

(45): (45)

(44): (44)

(43): (43)

(42): (42)

(40): (40)

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(39): (39)

(38): (38)

(37): (37)

(36): (36)

(35): (35)

(34): (34)

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(29): (29)

(28): (28)

(27): (27)

(54): (54)

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(62): (62)

(63): (63)

Revised: February 10, 2021

Invoice and Payment Provisions

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase

Agreement (BPA) Orders/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 taken into account in the computation of any interest penalty owed the Contractor.

1. 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 contractor 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. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS 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.

Attachment #4- Invoice Instructions

B. 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.

C. The Contractor shall submit invoice to the National Institutes of Health/Office of Financial Management (NIH/OFM) via email at invoicing@nih.gov with a copy to Contracting Officer, Contracting Officer’s Representative, and Program point of contact, as directed. The invoices must be emailed in accordance with instructions below. Do not submit supporting documentation (e.g., receipts, time sheets, invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer. The invoice shall be transmitted as an attachment via email to the address listed above in one of the following formats: Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one invoice per email.

Please Note: NIH/OFM will not accept invoices postmarked and/or delivered in-person on/after December 1, 2020.

For inquiries regarding the status of invoices such as receipt of invoices, due date, request for payment of invoices, etc., contact NIH/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 see the NIH/OFM Customer Service website at https://ofm.od.nih.gov/Pages/Customer-Service.aspx.

The NIH/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.

In order to facilitate the prompt payment of invoices, it is recommended that the contractor submit a photocopy of the invoice to the “Consignee” designated for the acquisition in blocks 6A – 6E of the OF-347 of the Order/Award document.

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 https://ofm.od.nih.gov/Pages/Home.aspx mailto:invoicing@nih.gov https://ofm.od.nih.gov/Pages/Home.aspx https://ofm.od.nih.gov/Pages/Customer-Service.aspx mailto:ofm_customer_service@incontactemail.com https://ofm.od.nih.gov/Pages/Customer-Service.aspx 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.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (December 2013)

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 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.

c. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

To: All National Institutes of Health (NIH) Contractors

Date: November 4, 2020

Subject: NIH Will No Longer Accept Hard Copy Invoices Effective December 1, 2020

Dear NIH Contractors, On April 1, 2020, in response to the COVID-19 pandemic, the National Institutes of Health (NIH)/Office of Financial Management (OFM) implemented an electronic invoice submission solution, which allows contractors to submit…