POCs addendum 1 of 2.pdf

ADDENDUM TO TERMS AND CONDITIONS OF

DELIVERY ORDER PROJECT

TITLE: Center for Information Technology (CIT) Identity, Credential, Access Management (ICAM) Modernization – Proof of Concepts (PoCs)

REQUEST FOR PROPOSAL (RFP) NUMBER: 75N97023R00006

1.0 METHOD OF ACQUISITION

This requirement is processed under SAM.gov order procedures pursuant to FAR 15.0.

2.0 DELIVERY ORDER TERMS AND CONDITIONS

The NITAAC Delivery Order will be based on the work described in this Addendum to Terms and Conditions of Delivery Order and those set forth in order xx/xx.

3.0 DELIVERY ORDER TYPE

This Delivery Order is a Firm Fixed Priced (FFP) [Reference: Federal Acquisition Regulation (FAR) 15.0].

4.0 DELIVERY PERIOD

Delivery within 3 days after award.

5.0 TRANSPORTATION & SHIPPING TERMS

The following provides an explanation of F.O.B. points as defined in the FAR, Part 47, and are applicable to this Delivery Order.

"F.O.B." means free on board. This term is used in conjunction with a physical point to determine (a) the responsibility and basis for payment of freight charges and (b) unless otherwise agreed, the point at which title for goods passes to the buyer or consignee.

"F.O.B. Origin" means free on board at origin; i.e., the seller or consignor places the goods on the conveyance by which they are to be transported. Unless this Delivery Order provides otherwise, the cost of shipping and risk of loss are borne by the buyer or consignee (Government).

For this Delivery Order, "F.O.B. Origin" is to be interpreted as "F.O.B. Origin Freight Prepaid." All items will be delivered to the Contracting Officer’s Representative (COR).

The vendor is responsible for prepaying the freight charges and shall bill freight charges as a separate line item on the invoice.

"F.O.B. Destination" means free on board at destination; i.e., the seller or consignor delivers the goods on seller's conveyance at destination. Unless the Delivery Order provides otherwise, the cost of shipping and risk of loss are borne by the seller or consignor (Contractor).

For this Delivery Order, "F.O.B. Destination" is to be interpreted as "F.O.B. Destination, within Consignee's Premises." The vendor will prepay all freight charges and will deliver to the COR. The vendor may not bill for shipping charges.

6.0 PROMPT PAYMENT DISCOUNTS

The Prompt Payment Discount period, if any, shall commence on the final date of the billing period, or on the date of the receipt of a proper invoice for all deliveries accepted during the billing period, whichever is later.

7.0 INVOICE INSTRUCTIONS DEPARTMENT OF TREASURY’S INVOICE

PROCESSING PLATFORM (IPP)

7.1 Pursuant to HHSAR 352.232-71 Electronic Submission of Payment Requests in full text and provide instructions for the transition from the NIH Office of Financial Management (OFM) electronic invoice submission to the Department of Treasury's Invoice Processing Platform (IPP). Information concerning NIH's transition to IPP is located at https://oalm.od.nih.gov/IPP.

7.2 Contractor’s invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state –

(a) The starting and ending dates of the subscription delivery; and

(b) Either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment.

7.3 Payment requests shall be submitted to the offices identified below. The Contractor shall submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with each payment request as instructed by the COR.

8 Incorporate HHSAR 352.232-71 Electronic Submission of Payment Requests in full text and provide instructions for the transition from the NIH Office of Financial Management (OFM) electronic invoice submission to the Department of Treasury's Invoice Processing Platform (IPP). Information concerning NIH's transition to IPP is located at https://oalm.od.nih.gov/IPP.

All IPP invoices must contain a Unique Entity Identifier (UEI) which is located in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

If this award is a parent indefinite delivery vehicle or a Blanket Purchase Agreement (BPA) Set-Up, then HHSAR 352.232-71 applies to all task/delivery orders or BPA calls issued under this award.

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.

(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)

Please do not hand-deliver invoices to any NIH office. Please follow the above electronic submission instructions for IPP.

Contractor Courtesy Copy Electronic Invoice Submission to the Contracting Officer’s Representative (COR) and Contracting Officer (CO).

8.0 PROMPT PAYMENT

FAR 52.232-25, Prompt Payment (OCT 2003) is supplemented with the following:

a. The Prompt Payment Act, Public Law 97-177, (96 Stat. 85, 31 U.S.C. 1801) is applicable to payments under this Delivery Order and requires payment to vendors of interest on overdue payments and improperly taken discounts.

b. Determinations of interest due will be made in accordance with the provision of the Prompt Payment Act and the above referenced clause.

9.0 RETURNED INVOICES

Invoices will be returned for: 1) failing to cite an order number; 2) citing an invalid order number; or 3) having other discrepancies on the invoice.

Resolution and correction of the invoice will require the vendor to contact the COR.

10.0 PRICES

The total obligated amount is $xx.xx

Period of Performance: One-year.

11.0 INSPECTION AND ACCEPTANCE

The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

For the purpose of this Section, the COR is the authorized representative of the Contracting Officer.

Inspection and acceptance will be performed at the facilities in 6555 Rock Spring Drive, Room 3SW17, Bethesda, Maryland 20817.

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.

This Delivery Order incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

FAR 52.246-2, Inspection of Supplies – Fixed Price

12.0 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Representation. The Offeror represents that—

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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand;

model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

13.0 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this clause—

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of

National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. 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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

14.0 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED

BY REFERENCE

This Delivery Order incorporates the following additional Federal Acquisition Regulation (FAR) 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 FAR clause may be accessed electronically at http://www.arnet.gov/far/.

• FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (October 2019)

• FAR 52.232-39, Unenforceability of Unauthorized Obligations (June 2013)

• FAR 52.233-1, Disputes (May 2014)

• FAR 52.239-1, Privacy and Security Safeguards (August 1996)

• FAR 52.249-2, Termination for Convenience of the Government (Fixed-Price) (April 2012)

• FAR 52.249-8, Default (Fixed-Price Supply and Service)(April 1984)

15.0 DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) ACQUISITION

REGULATION (HHSAR) CLAUSE INCORPORATED BY REFERENCE

The following HHSAR clause is hereby incorporated into this Delivery Order by reference with the same force and effect as if it were given in full text. Upon request, the Government will make its full text available. Also, the full text of a HHSAR clause may be accessed electronically at this address: http://www.os.hhs.gov/oamp/dap/hhsar.html.

• HHSAR 352.203-70, Anti-Lobbying

• HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations

16.0 ORDER OF PRECEDENCE

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following Order of precedence FAR 52.212‐4:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5. Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021).

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449. Award.

(8) Other documents, exhibits, and attachments.

(9) The specification document (quote).

Please see Addendum 2 Security Clauses, 19 pages.