RFP 75A50223R00001 w Attachments-signed.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

OS/ASFR/OGAPA/DA/OAP

Room 336-E Hubert H. Humphrey Building 200 Independence Ave., S.W.

OFFICE OF GRANTS AND ACQUISITION PO

CODE 16. ADMINISTERED BYCODE

X

X

325220

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROS/ASFR/OGAPA/DA/OAP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/19/2023 1500 ET

12/19/2022

JUNLI COLLINS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75A50223R00001

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 39 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20201-004

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Washington DC 20201-004 Room 336-E Hubert H. Humphrey Building 200 Independence Ave., S.W.

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

OFFICE OF GRANTS AND ACQUISITION PO

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 in conjunction with FAR Part 15, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested.

This acquisition is being posted as a full and open competition and is not set aside for small

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

JUNLI (. COLLINS

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

12/19/2022

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

business. NAICS Code: 325220 - Artificial and

Synthetic Fibers and Filaments Manufacturing The size standard is 1,000 employees Any large businesses are required to submit a small business subcontracting plan in accordance with

FAR 52.219-9.

Proposals are due no later than 3:00 p.m., Eastern Time, on January 19, 2023, with the

Subject Line RFP 75A50223R00001, by email to

IBMSCC-Submissions@hhs.gov.

All questions regarding this RFP must be submitted electronically by email to

IBMSCC-Submissions@hhs.gov no later than 1:00 p.m., Eastern Time, on January 3, 2023.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

39 2 of

RFP 75A50223R00001 Page 3 of 39

COMBINED SYNOPSIS SOLICITATION

I. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 in conjunction with FAR Part 15, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested.

II. The solicitation number is RFP 75A50223R00001 which is a Request for Proposal (RFP). Contract Type will be Firm Fixed Unit Price (FFP), with the possibility of some Time and Materials (T&M) line items.

III. The solicitation document and incorporated provisions and clauses are currently in effect through Federal

Acquisition Circular 2022-08, effective October 28, 2022.

This acquisition is being posted as a full and open competition and is not set aside for small business.

NAICS Code: 325220 - Artificial and Synthetic Fibers and Filaments Manufacturing The size standard is 1,000 employees

Any large businesses are required to submit a small business subcontracting plan in accordance with

FAR 52.219-9.

IV. a. The Office of Industrial Base Management and Supply Chain (IBMSC), of the U.S. Department of

Health and Human Services (HHS) Office of the Assistant Secretary for Preparedness and Response (ASPR), has a requirement to establish a sustainable, competitive manufacturing capacity for the production of medical grade manmade fibers.

b. The Government intends to evaluate offers and award a contract(s) without discussions. However, the Government may, at its sole discretion, elect to conduct discussions if determined to be in the best interest of the Government.

V. See Sections B and C below for description of requirements.

VI. The period of performance is anticipated to total 60 months (including a base period and the flexibility to include up to four options).

VII. The provision at FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition.

VIII. The provision 52.212-2, Evaluation-Commercial Products and Commercial Services, applies to this procurement. Addenda to the provision include evaluation factors and evaluation criteria.

Offerors shall include a completed copy of FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, with its offer. (Note, if offerors are registered within the System for Award Management (SAM) and certs and reps are up to date, make a statement to that effect in accordance with this clause).

RFP 75A50223R00001 Page 4 of 39

IX. The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition.

X. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders Commercial Products and Commercial Services, applies to this acquisition and FAR clauses applicable include, but are not limited to: 52.219-9, 52.219-16, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.225-13, and 52.232-33.

Other applicable clauses include Health & Human Services Acquisition Regulation (HHSAR) clauses. See Sections D through I.

XI. There are no special contract requirements or terms and conditions related to contract financing arrangements.

XII. HHS reserves the right to exercise priorities and allocations authority with respect to this contract, to include rating this order in accordance with 45 CFR Part 101, Subpart A-Health Resources Priorities and Allocations System.

XIII. Proposals are due no later than 3:00 p.m., Eastern Time, on January 19, 2023, with the

Subject Line RFP 75A50223R00001, by email to IBMSCC-Submissions@hhs.gov.

The offeror’s complete proposal (including all information required to be submitted as part of the offeror’s Volume A -Technical Proposal, to include Statement of Work (SOW), and Volume B - Price/Business Proposal) must be received by the date and time specified for receipt of offers.

Technical proposals are to be no more than 40 pages in length. This page limit does not include cover pages, table of contents, Cross Reference Matrix, resumes, or the proposed Statement of Work. If the Offeror includes appendices with information not expressly allowed herein, the Offeror should note that such information will not be evaluated. There is no page limit for the Price Proposal. The Price Proposal shall include details for all resources required to accomplish the requirements for the base and any option periods.

Only Electronic submissions will be accepted and shall be submitted via email to IBMSCC- Submissions@hhs.gov. All submissions must include the solicitation number and the word “SUBMISSION”. It is recommended that offerors limit email submissions to 2MB. If submissions are going to exceed this size, it is recommended that offerors submit them as clearly titled and numbered separate emails or as a zip file. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

All questions regarding this RFP must be submitted electronically by email to IBMSCC- Submissions@hhs.gov no later than 1:00 p.m., Eastern Time, on January 3, 2023. For proper submission of questions, include the solicitation number and the word “QUESTION” in the subject of the email. The Government’s responses to questions will be posted as an amendment to the combined synopsis/solicitation posting. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective offerors. The Government also reserves the right to respond or not respond to any questions at its discretion.

mailto:IBMSCC-Submissions@hhs.gov mailto:IBMSCC-Submissions@hhs.gov mailto:IBMSCC-Submissions@hhs.gov

RFP 75A50223R00001 Page 5 of 39

XIV. The point of contact for information regarding this combined synopsis/solicitation is:

Junli Collins, Contracting Officer Office of Resource Management (ORM) Assistant Secretary for Preparedness and Response (ASPR) U.S. Department of Health and Human Services (HHS) Email: Junli.collins@hhs.gov

RFP 75A50223R00001 Page 6 of 39

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Contract Line Items

TBD based on proposals received.

This is a requirement for nonseverable services.

* NOTE: The Government may make multiple awards under this solicitation. In which case, each individual vendor’s award will show only the items awarded to them.

SECTION C - STATEMENT OF OBJECTIVES (SOO)

Title: Domestic Industrial Base Expansion of Medical Grade Man-Made Fibers for Production of

PPE

C.1 Background: The COVID‐19 Public Health Emergency has underscored the importance of increasing the United States’ domestic manufacturing and automation capacity for medical products to address ongoing COVID-19 case surges or other future public health emergencies. As cases surged throughout the COVID- 19 pandemic, many manufacturers shifted their production capacity to medical products and away from existing applications. These shifts resulted in unintended and disruptive supply chain bottlenecks. To ensure a rapid ability to supply medical products for future surge capacity, the United States Government (USG) seeks proposals to expand domestic manufacturing capacity in a way that ensures a resilient and responsive manufacturing system for the most advanced and safest personal protective equipment (PPE) available.

C.2 Purpose: Medical-grade man‐made fibers (MMF) – staple fibers that are the feedstock for wovens and polymer resin that is the feedstock for extrusion of non-wovens (e.g., spunbond, meltblown, spunbond‐ meltblown‐spunbond (SMS) or similar material), variations of, or novel fiber technology, that are, or could be, key feedstock in the production of medical gowns, surgical masks, and other essential personal protective equipment (PPE) – are being prioritized to support future US needs. Currently, the US is at a competitive disadvantage relative to foreign suppliers of MMF.

The intent of this requirement is to expand domestic MMF manufacturing in a way that 1) reduces US reliance on foreign supplies, 2) reduces supply chain constraints, particularly in times of surging demand, and 3) ensures competitiveness on a global market. These goals may be achieved through scale and process optimization/quality (e.g., automation, polymer chemistry, biodegradability, innovation, etc.)

which improve the competitive and cost-effective balance and ensure that the US possesses a continuous and reliable domestic MMF source at all times, particularly during those periods of global supply chain uncertainty as has been the case frequently since the beginning of the COVID-19 pandemic. HHS seeks to diversify the fiber types that are US manufactured. HHS intends to make an initial investment in the establishment of this capability, but Offeror must develop a comprehensive plan to sustain this capability that does not rely upon additional USG funding.

C.3 Technical Requirements:

The Offeror shall propose all scope (including but not limited to design, procurement, construction, and implementation of systems) required to establish a sustainable, competitive manufacturing capacity for the production of medical grade manmade fibers. Market research indicates that a large scale (greater than

RFP 75A50223R00001 Page 7 of 39

150,000 metric tons per year), modern, automated and continuous vertically integrated polymerization line will be key to ensuring cost competitiveness with foreign suppliers. The Offeror shall provide sufficient justification for the proposed scope including the type of fiber or resin that is selected for expansion, and the timeline and milestones required to complete the work as well as a comprehensive sustainment plan.

Offerors proposing a different approach to capacity expansion must fully address any and all sustainment considerations inherent to the proposed strategy. Scope should consider milestones to track progress.

The Offeror shall include any work required to construct a new or renovated manufacturing facility, purchase all required processing equipment, process utilities and building operating utilities. All equipment and systems must be commissioned, qualified, and validated through demonstrated operation. Additionally, required standard operating procedures (SOPs) and trained staffing required to operate the facility and produce the claimed capacity of final product must also be in place.

Manufacturing capacity expansion must consider the manufacture of multiple fibers/fabrics. Those various manufactured fibers/resins and the anticipated expanded production capacity shall be listed in the table below.

Type of Fiber or fabric

Current domestic capacity (Metric Tons)

Expanded domestic capacity from shared investment Metric Tons

% Increased capacity

Total domestic capacity (current + expanded) Metric Tons

Offeror shall provide specific details on the manufacturing and assembly technologies. Features that must be addressed include but are not limited to:

1. Locations of the manufacturing and assembly suites and all equipment within the new or existing facility especially in relation to support systems, department, and other manufacturing lines (new or existing) and processing rooms,

2. Use of disposable, single use, or stainless-steel equipment and parts,

3. Manufacturer of equipment, type of technology (i.e., automated versus manual, etc.),

4. Equipment list,

5. Capacity of storage (i.e., warehouse),

6. Operating plan for meeting the proposed expanded capacity (i.e., staffing per shift, days and shifts of operation, processing rates per day or week or month, etc.)

The Offeror shall propose a comprehensive capacity/capability operating and sustainment plan that, at minimum, includes the following:

1. Strategy to source all raw materials, supplies, and reagents required for MMF production which relies on domestic sources to the extent feasible.

2. Strategy to recruit, train, and maintain a skilled workforce.

3. A regulatory plan to ensure that the newly established MMF manufacturing capacity meets all US Food and Drug Administration (FDA) requirements and guidelines for MMF to be used in production of

PPE.

4. A comprehensive project plan to ensure planning, permits, execution, and follow through required to obtain any and all required certifications and validations of the MMF manufacturing capacity and ensure that all work performed is in compliance with federal, state, and local regulations.

5. Plans to ensure, maintain, operate, and service all equipment and tooling acquired by the Offeror to produce MMF.

The Offeror shall propose a comprehensive plan for commercial sustainment of new manufacturing

RFP 75A50223R00001 Page 8 of 39 capacity. Offerors may consider R&D to develop innovative capabilities to the MMF that offer enhanced quality, including but not limited to biodegradability; coupling MMF production with assembly into final PPE product; product improvements to the scale or process that result in manufacturing optimization and cost efficiencies; changes to market factors that improve the products competitiveness. As part of the commercial sustainment plan, the Offeror shall confirm they are a US owned company and not a subsidiary of a foreign company. The US Government is interested in supporting companies with well-established relationships that will ensure project success and long term investment in sustaining the expanded US-based manufacture of MMF.

The Offeror shall confirm freedom to operate with respect to any existing, essential patents and propose a strategy to ensure that any patents or intellectual property gained through execution of this work will be retained within the US. Of particular interest to the US Government are advances that enhance, advance, and fully integrate technologies related to automation, continuous polymerization, vertical integration, polymer chemistry, durability, reusability (i.e., multi-use), comfort, and increased biodegradability in landfills, soil, seawater, and wastewater. Inclusion of any of these in proposals must be accompanied with a description of relevant testing, validation, or other assurances of specifications/successful implementation and execution.

RFP 75A50223R00001 Page 9 of 39

SECTION D-PACKAGING, MARKING AND SHIPPING

This Section is not applicable to this requirement.

RFP 75A50223R00001 Page 10 of 39

SECTION E- INSPECTION AND ACCEPTANCE

52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov (End of Clause)

FAR

SOURCE

TITLE AND DATE

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2021)

52.214-4 (Alt. 1)

Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2021) http://www.acquisition.gov/

RFP 75A50223R00001 Page 11 of 39

SECTION F- DELIVERIES AND PERFORMANCE

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov

FAR SOURCE TITLE AND DATE

52.242-15 Stop-Work Order (Aug 1989)

F.1 Deliverables

(a) At a minimum, the Contractor shall provide a quarterly report and a status report, after the close of each quarter’s business.

Reports shall reflect, at a minimum, call/order, number date of order, total dollar amount of each call/order number, total net sales, and amounts. Reports shall be sent to the designated Project Officer/COR by e-mail or as otherwise instructed by the Government’s Contracting Officer. Reports are due fifteen (15) days after the end of each quarter.

(b) Additional deliverables must be proposed by Offeror.

F.2 Delivery Schedule:

.Offeror must propose detailed delivery/milestone schedule.

F.3 Period of Performance

The period of performance for this contract will be TBD. (It is anticipated that the Period of Performance is likely to total 2 to 3 years.)

F.4 Place of Performance

Anywhere in the 50 United States, or the U.S. Territories: Offeror must provide specific location information.

RFP 75A50223R00001 Page 12 of 39

SECTION G- CONTRACT ADMINSTRATION DATA

G.1 ADMINISTRATION

This contract will be administered by the following ASPR personnel:

Contracting Officer

TBD

Office of Resource Management (ORM) Assistant Secretary for Preparedness and Response (ASPR) U.S. Department of Health and Human Services (HHS) Email: IBMSCC-Submissions@hhs.gov

Contracting Officer’s Representative (COR)/Technical Point of Contact (POC) Marina Kozak, PhD Office of Industrial Base Management and Supply Chain (IBMSC) U.S. Department of Health and Human Services (HHS) Email: marina.kozak@hhs.gov | 202-868-9313

G.2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE

PROCESSING PLATFORM (IPP)

All Invoice submissions for goods and or services delivered to facilitate payments must be made electronically through the U.S. Department of Treasury’s Invoice Processing Platform System (IPP).

• Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services included in commercial items contracts. The IPP website address is: https://www.ipp.gov.

• The Agency will enroll the Contractors new to IPP. The Contractor must follow the IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment. The Contractor Government Business

Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award for new contracts or date of modification for existing contracts.

Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

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

• If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be mailto:IBMSCC-Submissions@hhs.gov http://www.ipp.gov/ mailto:ipp.noreply@mail.eroc.twai.gov mailto:IPPCustomerSupport@fiscal.treasury.gov

RFP 75A50223R00001 Page 13 of 39 submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

Additional Office of the Assistant Secretary for Preparedness and Response (ASPR) requirements:

(i) The contractor shall submit monthly invoices under this contract unless otherwise agreed upon by all parties. For indefinite delivery and blanket purchase agreement vehicles, separate invoices must be submitted for each order.

(ii) Invoices must break-out price/cost by contract line item number (CLIN) as specified in the pricing section of the contract.

(iii) Invoices must include the Dun & Bradstreet Number (DUNS) of the Contractor.

(iv) Invoices that include time and materials or labor hours CLINS must include supporting documentation to (1) substantiate the number of labor hours invoiced for each labor category, and (2) substantiate material costs incurred (when applicable).

(v) Invoices that include cost-reimbursement CLINs must be submitted in a format showing expenditures for that month, as well as contract cumulative amounts.

At a minimum the following cost information shall be included, in addition to supporting documentation to substantiate costs incurred.

• Direct Labor - include all persons, listing the person's name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category;

• Indirect Costs (i.e., Fringe Benefits, Overhead, General and Administrative, Other Indirects)- show rate, base and total amount;

• Consultants (if applicable) - include the name, number of days or hours worked, daily or hourly rate, and a total amount per consultant;

• Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation shown separately and the per diem costs. Other travel costs shall also be listed;

• Subcontractors (if applicable) - include, for each subcontractor, the same data as required for the prime Contractor;

• Other Direct Costs - include a listing of all other direct charges to the contract, i.e., office supplies, telephone, duplication, postage; and

• Fee – amount as allowable in accordance with the Schedule and FAR 52.216-8 if applicable.

(End)

RFP 75A50223R00001 Page 14 of 39

SECTION H—SPECIAL CONTRACT REQUIREMENTS

H.1 – CONTRACTING OFFICER

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

H.2 – CONTRACTING OFFICER’S REPRESENTATIVE

Performance of work under this contract is subject to the technical direction of the COR identified in Section G.1 Administration or a representative designated by the contracting officer in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the contract are accomplished satisfactorily. Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

i. Constitutes additional work outside the contract specification(s)/work statement;

ii. Constitutes a change as defined in the “Changes” clause of this contract;

iii. Causes an increase or decrease in the contract price, or the time required for contract performance

iv. Interferes with the contractor’s right to perform under the terms and conditions of the contract; or

v. Directs, supervises or otherwise controls the actions of the contractor’s employees.

Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the contracting officer. The contractor shall proceed promptly with performance resulting from the technical direction issued by the COR, if the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government workday. Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subjected the terms of the “Disputes” clause of this contract.

The COR is responsible for confirming the inspection/acceptance of product delivered prior to payment of invoices.

RFP 75A50223R00001 Page 15 of 39

H.3 – CONTRACTOR PUBLICITY

The Contractor, or any entity or representative acting on behalf of the Contractor, may not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government will consider institution of all remedies available under the contract and applicable law.

H.4 – PROVISIONS TO APPLICABLE COSTS

This section prohibits or restricts the use of contract funds, until reviewed and approved by the Contracting Officer. For avoidance of doubt, proposals to this RFP may include projected costs to support items below as they relate to the overall scope of work; however, written approval from the Contracting Officer prior to the contractor incurring those costs and/or entering into binding agreements for such items will be required for the duration of the Period of Performance. These costs include the following:

1) Acquisition, by purchase or lease, of any interest in real property

2) Rearrangement or alteration of facilities

3) Purchase of lease of any item of general-purpose office furniture or office equipment regardless of dollar value

4) Accountable Government Property

5) Overtime

6) General scientific meetings/conferences

7) Travel costs that include foreign travel

8) Costs incurred in the performance of any cost-reimbursement type subcontract (including consulting agreements)

9) Costs to be paid for the performance of a fixed-price subcontract that exceeds $250,000.00

10) Refreshments and Meal Expenditures

11) Promotional Items

12) Printing

H.5 – Foreign Transfer of Assets or Technology

This clause shall remain in effect during the term of the Contract and for five (5) years thereafter.

Definitions AFFILIATES: Associated business concerns, non-profit organizations, or individuals if, directly or indirectly, (1) either one controls or can control the other; or (2) a third-party controls or can control both.

ASSET(S): Tangible or intangible manifestations of technologies having economic value and capable of being conveyed between economic or Governmental entities that is the focus/scope of development by the U.S. Government (“USG”) and Contactor in this Contract.

ASSET(S): Tangible or intangible manifestations of technologies having economic value and capable of

RFP 75A50223R00001 Page 16 of 39 being conveyed between economic or Governmental entities that is the focus/scope of development by the U.S. Government (the “USG”) and Contactor in this Contract.

FOREIGN FIRM OR INSTITUTION: A firm or institution organized or existing under the laws of a country other than the United States of America (U.S.), its territories, or possessions. The term includes, for purposes of this Contract, any agency or instrumentality of a foreign government; and firms, institutions or business organizations which are owned or substantially controlled by foreign governments, firms, institutions, or individuals.

TECHNOLOGY: Technical Data, Computer Software, manufactured materials and Subject Inventions funded by the USG under this Contract. Technology also includes contractor know how and personnel expertise, as well as other Assets necessary to assure successful completion of this Contract.

U.S. FIRM OR INSTITUTION: A firm or institution organized or existing under the laws of the United States, its territories, or possessions. The term includes, for purposes of this Contract, any agency or instrumentality of the USG; and firms, institutions or business organizations which are owned or substantially controlled by U.S. citizens, firms, institutions, governmental agencies or individuals.

General

The Parties agree that research findings and technological developments made under this Contract constitute an investment by the USG on behalf of its citizens in the interest of their economic and national health security. These investments are made for the primary benefit of the citizenry of the U.S. with those same benefits potentially accruing to the people of all nations. Therefore, the USG has a fiduciary responsibility to protect the full invested value of the Assets and Technology developed under this Contract. The USG is also cognizant of the duty the Contractor has to its shareholders and other stakeholders with a vested interest in the economic success of the Contractor. At times both parties are aware their respective interests may diverge. Therefore, in the course of conducting business though the Contract, access to technology developments under this Contract by Foreign Firms or Institutions must be carefully considered.

Export Controls

Contractor agrees to comply with all applicable laws regarding export controls and not to export any Asset or Technology to any U.S. embargoed countries.

Post-award Transfer of Ownership of Assets or Technology

The Contractor shall provide notice to the Contracting Officer and COR within three (3) business days of any discussions of a proposed transfer of ownership or establishment of a licensing agreement of any Asset or Technology funded under this Contract from the Contractor to a Foreign Firm or Institution. Notice will also be given within three (3) business days of any discussions of a proposed transfer of operational, corporate, or economic control of Assets and Technology funded under this Contract to Foreign Firms or Institutions. This Article shall not apply to transfers by the Contractor to Affiliated entities of the Contractor, as well as technology transfers for the purposes of manufacturing in accordance with the Statement of Work.

Prior to transferring any Asset funded by the USG under this Contract, the Contractor should carefully review the USG rights under FAR Subpart 42.12 pertaining to Novation, specifically FAR section

42.1204. That provision provides that the USG may recognize a third-party assignment only if the transfer of Assets and Technology is determined to be in the USG’s interests. The Contractor should be aware that the USG is under no obligation to recognize a successor in interest. If the Contracting Officer determines

RFP 75A50223R00001 Page 17 of 39 that a transfer of Assets and Technology may have adverse consequences to the economic well-being or national health security interests of the U.S., the Contractor, and the Contracting Officer shall jointly endeavor to find alternatives to the proposed transfer which obviate or mitigate potential adverse consequences of the transfer, but which may provide substantially equivalent benefits to the Contractor.

In addition to the USG licensing rights to subject inventions and technical data funded under this Contract, see FAR clause 52.227-11 (Patent Rights-Ownership by the Contractor) and FAR Clause 52.227-14 (Rights in Data - General), the USG shall have a first right of refusal for the purchase of the Asset and/or Technology funded under the Contract. The USG may waive this first right of refusal in writing submitted to the Contractor within ninety (90) calendar days of the initial notification to the USG of the Contractor’s intent to conduct any form of Asset or corporate transfer.

Except for transfers to affiliates of the Contractor, including those entities necessary to complete the Statement of Work, the Contractor shall provide written notice to the Contracting Officer and COR of the scheduled transfer to a Foreign Firm or Institution at least ninety (90) calendar days prior to the scheduled date of transfer. Such notice shall cite this Article and shall specifically identify the Asset or Technology proposed for the transfer and the general terms of the transfer. No transfer shall take place without written concurrence from the Contracting Officer.

Transfer to a Prohibited Source

In the event of a transfer of an Asset and/or Technology by the Contractor to a Foreign Firm or Institution which is identified as a Prohibited Source pursuant to Federal Acquisition Regulation Subpart 25.7: (a) the Government may terminate this contract for cause and (b) the license rights to the technical data and subject invention under the relevant FAR IP Clauses (FAR Clause 52.227-11 and FAR Clause 52-227-14) shall survive the termination. Upon request of the USG, the Contractor shall provide written confirmation of such licenses.

Lower Tier Agreements

The Contractor shall include this Article, suitably modified, to identify the Parties, in all subcontracts or lower tier agreements, regardless of tier.

RFP 75A50223R00001 Page 18 of 39

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

TITLE AND DATE

52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

52.209-12 Certification Regarding Tax Matters (Oct 2020)

52.211-17 Delivery of Excess of Quantities (Sep 1989)

52.212-4 Contract Terms and Conditions-Commercial Commercial Products and Commercial Services (Nov 2021)

52.216-4 Economic Price Adjustment – Labor and Material (Jan 2017)

52.222-56 Certification Regarding Trafficking in Person Compliance Plan (Oct 2020)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

52.242-15 Stop-Work Order (Aug 1989)

HHSAR

352.203-70 Anti-Lobbying (Dec 2015)

352.222-70 Contractor Cooperation in Equal Employment Opportunity

2.212 -Investigations (Dec 2015)

352.223-70 Safety and Health (Dec 2015)

352.227-70 Publications and Publicity (Dec 2015)

352.224-70 Privacy Act (Dec 2015) http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

RFP 75A50223R00001 Page 19 of 39

352.233-71 Litigation and Claims (Dec 2015)

RFP 75A50223R00001 Page 20 of 39

I.2 Clauses Incorporated in Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Oct 2022).

(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)).

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

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C

RFP 75A50223R00001 Page 21 of 39

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

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

(10) [Reserved].

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

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

(ii) Alternate I (MAR 2020) of 52.219-6.

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

(ii) Alternate I (MAR 2020) of 52.219-7.

_x_ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

_x_ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9.

_ X_ (iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (SEP 2021) of 52.219-9.

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

(ii) Alternate I (MAR 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).

_x_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

_x_ (22) (i) 52.219-28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C.

632(a)(2)

(ii) Alternate I (MAR 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

(26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

_x_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

RFP 75A50223R00001 Page 22 of 39

_x_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_x_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

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

_x_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

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

(36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

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

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

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

RFP 75A50223R00001 Page 23 of 39

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

_ _ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

X (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

X (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4 001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

(ii) Alternate I (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

X (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 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. 2302Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

_x_ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

RFP 75A50223R00001 Page 24 of 39

(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

_x_ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

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

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

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

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

[Contracting Officer check as appropriate.]

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

(2) 52.222-42, Statement of Equivalent…