RFQ 75F40125Q00299.pdf

75F40125Q00299

SCHEDULE B

BASE YEAR

Ref Section No.

Description

Qty

Unit Price

Extend ed

FoodChain ID Group Inc. Pesticide MRL

Data Feed or Equal

Maintenance and technical support or

Equal

OPTION YEAR 1

Ref Section No.

Unit Price Extended

FoodChain ID Group Inc.

Pesticide MRL Data Feed or

Maintenance and technical support or Equal

OPTION YEAR 2

OPTION YEAR 3

OPTION YEAR 4

U.S. FOOD AND DRUG ADMINISTRATION (FDA)

REQUEST FOR QUOTE

eCFR SUBSCRIPTION FOR PESTICIDE PROGRAM OR EQUAL

This is a combined/synopsis solicitation issued under FAR Part 12 and 13.5 procedures. This is a Full and Open procurement. The NAICS code is 518210 and 541380.

The Government is in no way obligated to make an award, nor to pay any costs incurred by the Contractor in preparing and submitting its quote.

1. BACKGROUND

Lab Analysts at FDA Pesticides Labs need to perform pesticides tolerance level lookups based on commodity and Pesticide code. This data is provided by the EPA. Automation of tolerance lookups will eliminate the manual process of navigating through multiple eCFR web pages which is time consuming and in-efficient. The current way of downloading requires manual steps and stitching together results from separate downloads, which is error prone and can't be done daily from a practical standpoint. If we wrote a script to "scrape" the data that is intended for humans/manual interaction, it would likely be contrary to the usage policy of the site. The current process is that a person goes through and manually pulls the data from the database. This requires downloading at least 7 disparate excel workbooks then combining them all into one spreadsheet (while preventing unintentional losses and double entries). Then the columns are pruned and organized manually. The process is cumbersome and takes an experienced analyst approximately an hour to perform. It needs to be an experienced analyst, unfortunately, who knows both the chemistry and computer side of the analysis so that potential human errors are identified before the data is used – thus taking experienced personnel away from the lab to perform a task best left to computers.

2. SCOPE

The scope of the SOW is to start the annual subscription of the FoodChain ID Group Inc.

Pesticide MRL Data Feed. The data file will be a JSON Formatted file, delivered via SFTP and contain Tolerance reference data for United States including All Commodities and All Active Ingredients. FoodChain ID Group Inc. will also provide maintenance and support services. FoodChain ID Group Inc. will provide data set in JSON format which FDA can ingest programmatically and will encompass all commodities and active ingredients for the United States. The data set will include MRLs currently in effect (general MRLs, U.S.

section 18, & U.S. regional) and MRL exemptions. FoodChain ID Group Inc. will also provide maintenance, including regular updates to the data sets, and technical support for the subscription.

3. REQUIREMENTS

The Contractor shall provide the following to meet the requirement:

A. The brand name or equal FoodChain ID Group Inc. Pesticide MRL Data Feed shall consist of the following compatibility (FDA defines “compatible” as meaning there will be no communication, performance, legacy data recovery, or maintainability issues of solutions with differing brand names) requirements:

1. Shall install, test, and deploy a solution within 5 days of contract award with no disruption to application availability.

2. Shall be compatible with AWS.

3. Shall ensure the FDA maintains its current state and does not experience any reduction in support, service, or capabilities.

B. The brand name or equal FoodChain ID Group Inc. Pesticide MRL Data Feed shall consist of the following salient characteristics:

1. All raw commodity pesticide MRLs currently in force for the United States

2. Residue definitions and regulatory notes

3. Regulation name and effective date

The scope of Data may be expanded upon terms mutually agreed upon by the Parties.

File Name & Delivery Details

The file name format will be: FDA_datafeed_<yyyymmdd> (<yyyymmdd> represents the current date). For example, a transmission being sent July 1, 2025 of would be named FDA_datafeed_20250701.json, and the associated gzip file would be named FDA_datafeed_20250701.json.gz.

FOODCHAIN ID GROUP INC. will deliver the file from their AWS S3 instance to FDA’s AWS S3 instance on a daily basis, Monday – Friday and also provide alternate methods to access the data file i.e. – download or email.

File Structure The JSON file being provided will be broken out into Parent and Child data elements. The Parent represents a unique combination of a Market, Active Ingredient, and Index Commodity. Associated with each Parent is a Child MRL or in certain cases, several Children MRLs. While typically only one Child MRL exists, there can be multiple Chi ld MRLs associated with a Parent in which each child will have different published commodities, MRL types, MRL states or exemptions. For this data feed, only the ‘Current’ MRL state will be provided.

The Active Ingredient and Index Commodity in a Parent are the properties to use to align information amongst different markets. To generate a report that compares MRLs across different markets or to determine the MRL child to use in the case of multiple MRLs for a Parent, the primary MRL (indicated by the IsPrimaryMRL = true property) is the value to use.

File Elements (This list might not be complete. The subscription must include any newly added elements that are commercially available in the Pesticides MRLs data)

Property Data Type Explanation Parent MRL Properties

MarketId Integer Unique ID associated with a Market.

MarketName String 100 max

Name of the Market.

ActiveIngredientId Integer Unique ID associated with an Active Ingredient.

ActiveIngredientName String 255 max

Name of the Active Ingredient.

IndexCommodityId Integer Unique ID associated with a FoodChain ID Group Inc. Commodity.

IndexCommodityName String 512 max

The name of FoodChain ID Group Inc. Commodity Term.

Child MRL Properties (mrls)

PublishedCommodityId Integer Unique ID associated with a Published Commodity, if applicable. If NOT applicable, value will be 0.

PublishedCommodityN ame

String 512 max

Name of the Published Commodity for MRL, if applicable. If not applicable, value will be NULL.

CommodityLinkTypeN ame

String 20 max

Index Commodity and Published Commodity association, either clearly identified in the regulation (official) or not (unofficial), if applicable. If not applicable, this value will be NULL.

MRLStateName String 20 max

The state of the MRL, such as Current, Pending or Proposed.

MRLTypeName String 20 max

The type of MRL, such as General, Section 18, etc.

OriginMarketId Integer Unique ID associated with a Market from which the MRL is derived. This indicates if the actual MRL came from a different Market than the Market provided in the Parent MRL properties.

OriginMarketName String 100 max

Name of the Market from which the MRL is derived.

This indicates if the actual MRL came from a different Market than the Market provided in the Parent MRL properties.

MRLAmount Numeric 4 max decimal

The value associated with the MRL. This value will be NULL for Exempt records.

MRLMeasurementType String 10 max

The measurement type for the MRL Value. For pesticides, this will always be expressed in PPM.

ExpirationDate Date ISO 1806 format

Date MRL is due to expire, if applicable.

IsPrimaryMRL Boolean Indicates whether record is the Primary record in the Parent MRL group. Records with 1, should be used for any market comparison reports.

IsImportTolerance Boolean Indicates whether record is an Import Tolerance MRL.

ResidueDefinition String 8000 max

The residue definition from the regulation.

AdditionalRegulationN otes

String 8000 max

Any additional notes related to this MRL that was provided in the regulation.

RegulationName String 800 max

Name of the official regulation for the MRL.

EffectiveDate Date ISO 1806 format

Date MRL went into effect, if applicable.

C. The brand name or equal FoodChain ID Group Inc. Pesticide MRL Data Feed maintenance and support shall consist of the following salient characteristics:

1. Shall provide free updates to the FoodChain ID Group Inc. Pesticide MRL Data

Feed.

2. Shall provide technical support services to two named individuals designated by

FDA.

3. Shall have support staff available to answer questions related to the use, configuration, and development of FoodChain ID Group Inc. Pesticide MRL Data Feed, brand name or equal, from these two designated individuals Monday through Friday, 9:00 AM to 5:30 PM, except on federal holidays.

D. The brand name or equal FoodChain ID Group Inc. Pesticide MRL Data Feed reporting requirements shall consist of the following salient characteristics:

1. Monthly Status Report The Contractor shall submit a Monthly Status Report (MSR) to the COR on the 10th of each month for the prior month’s work. If the 10th falls on a non-working day the MSR shall be due the next business day after the 10th. The Contractor shall obtain approval from the COR before using the MSR format. The MSR shall cover all work completed during the preceding month and shall describe the work to be accomplished during the subsequent month. This report shall also identify any issues/problems identified and a statement explaining how the issue/problem was resolved. The Contractor shall not wait until the Weekly Status Meeting, MFR, or MSR to notify the COR of any identified or anticipated issues/problems. The MSR shall include the following information on tasks within this SOW:

a. Work completed during each billing period

b. Changes or updates to the Project Management Plan to include changes to project schedules for each activity (if applicable)

c. Problems or issues that may impact successful contract performance and risk mitigation strategies taken

d. List of change requests submitted during the billing period and issue resolution process

e. List of Data Calls for the month and actions taken

f. Action Items - which includes personnel to whom the Actions Items are assigned, date assigned, due date, and status (i.e., open, closed) by task

g. Planned Activities for the next (month) reporting period by task

h. Running total of sprints completed, along with the sprint #, month of the sprint, and the velocity for each sprint. For example, and for the purposes of this Task Order, the velocity should be constant as it represents the workload capacity of the Contractor.

i. Organization chart that lists the task order team members, their roles, and their management, noting Key Personnel with an asterisk

2. Monthly Financial Report

The Contractor shall submit Monthly Financial Report (MFR) in eSTARS and inform the COR before the 5th of each month for the prior month’s work. If the 5th falls on a non-working day, the MFR shall be due to next business day after the 5th. The Contractor shall obtain approval from the COR before using the MFR format and enter data in eSTARS. The MFR shall include the following information on tasks within this SOW:

a. For T&M and Labor Hour Service tasks - Resources (contractors’ names and their labor categories) assigned to each project/task, level of effort expended per resource on activities for the billing period, and amount billed per resource against the obligated amount.

b. For Firm Fixed Price (FFP) tasks – Amount billed for the billing period.

3. DELIVERABLES

The items in Schedule B shall be delivered in accordance with Section 3 Requirements and Section 6 Period of Performance. The Contractor shall notify the COR via email when the above items are available. Software and licensing key, Software and User Manuals in a digital copy provided on a CD, DVD, USB, or digital download. CD, DVD, USB, and hard copies of deliverables shall not be required to be returned to the Contractor. The vendor shall deliver all software as detailed in Schedule B of this delivery order as follows:

U.S. Food and Drug Administration 10903 New Hampshire Avenue Silver Spring, Maryland 20993

OR electronically to: TBD

**Any contractor travel costs related to the fulfillment of this maintenance requirement cost will not be reimbursed.

4. INSPECTION AND ACCEPTANCE

All items specified to be delivered under this order are subject to final inspection and acceptance by an authorized representative for the Government. The authorized representative of the Government is the Government’s COR, who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

This section describes how the product will be inspected and the acceptance criteria:

• Software must be able to install correctly on the range of FDA server and operating system types in accordance to those specified as being supported in the vendor’s documentation (or equivalent).

• Software must operate on FDA servers if the servers meet the vendor recommended hardware and system requirements specified in the vendor’s documentation (or equivalent).

• Software must contain all features specified in the user guide of the product.

• Software must be free of major defects that would halt major functions and operations of the software from performing.

• The Contractor shall remediate any problems with delivery identified by the COR within ten (10) calendar days from the COR’s notification of a problem. If the Contractor cannot implement changes within that time frame, the Contractor shall notify the COR immediately to establish a reasonable agreed upon timeline.

• The performance criteria for this order shall be that all software with appropriate license keys, proof of entitlement certificates, etc. has been delivered to the COR within ten (10) business days after award, as well as the timely delivery of maintenance and support in accordance with the service level agreements (SLAs) and terms and conditions of this order.

5. PERIOD OF PERFORMANCE

Year Period of Performance

Base Year 08/05/2025 – 08/04/2026

Option Year 1 08/05/2026 – 08/04/2027

Option Year 2 08/05/2027 – 08/04/2028

Option Year 3 08/05/2028 – 08/04/2029

Option Year 4 08/05/2029 – 08/04/2030

6. PLACE OF PERFORMANCE

Work performed shall be conducted at the contractor’s facility. All business shall be conducted by phone, email or video conferencing applications.

7. POINTS OF CONTACT

CONTRACT MANAGEMENT:

Contract Specialist (CS):

Tiffany Hatcher Tiffany.Hatcher@fda.hhs.gov

10. CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the sole person authorized to make or approve any changes in any of the requirements of this order and notwithstanding any provisions contained elsewhere in the order, the said authority remains solely with the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change shall be considered to have been made without authority and no adjustment will be made in the order terms and conditions, including price.

The CO shall be the only individual authorized to accept nonconforming work, waive any requirement of the order and modify any term or condition of the order. The CO is the only individual who can legally obligate Government funds.

The Contracting Officer’s Representative (COR) or Project Officer is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the order price, terms or conditions. The COR/Project Officer is responsible for the technical aspects of the project and serves as technical liaison with the Contractor and is responsible for the final inspection and acceptance, and such other responsibilities as may be specified in the order.

11. CONTRACT TYPE

The contract type of this order is firm‐fixed price (FFP)

12. CONTRACTOR PERFORMANCE EVALUATION(S)

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

13. ORDER OF PRECEDENCE

The Contractor shall follow the terms and conditions of this contract. Should the Contractor include any additional terms and conditions resulting in conflicts between this document and the Contractor’s document, the Order of Precedence shall be as specified in FAR Clause 52.212-4. The Contractor shall not auto-renew any subscriptions, licenses, maintenances and services not authorized under this contract. Any auto-renewals are at the risk of the Contractor, and the mailto:Tiffany.Hatcher@fda.hhs.gov http://www.cpars.gov/

Government will not reimburse the Contractor.

In the event of any inconsistencies between any licensing agreement incorporated into this order as an attachment and the FAR and HHSAR Clauses incorporated into this order, the FAR or HHSAR Clauses shall take precedence.

Any additional terms and conditions shall not be prohibited by applicable laws and regulations.

Any additional terms and conditions identified with a web link and/or incorporated by reference shall be stricken and removed from this order.

Act (31 U.S.C. 1341) if agreed to by the Government.

14. CONTRACTOR PERFORMANCE EVALUATION(S)

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

15. AUTHORIZED RESELLER / SERVICING AGENT

The Contractor shall be the software Original Equipment Manufacturer (OEM), or an authorized reseller / servicing agent of the software OEM.

The Contractor shall notify the Contract Specialist / Contracting Officer immediately if this requirement is registered by a reseller with the OEM.

16. INVOICE AND PAYMENT REQUIREMENTS

FDA Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Jan 2022)

(a) All Invoice submissions for goods and or services must be made electronically through the

U.S. Department of Treasury’s Invoice Processing Platform System (IPP).

http://www.ipp.gov/vendors/index.htm

(b) 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 in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial items contracts. The IPP website address is: https://www.ipp.gov.

(c)

(1) 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 http://www.cpars.gov/ http://www.ipp.gov/vendors/index.htm https://www.ipp.gov/ of St. Louis (FRBSTL) within 3 – 5 business days of the contract award for new contracts or date of modification for existing contracts.

(2) 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.

(3) 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.

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

(5) 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 submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

(d) Invoices that include time and materials or labor hours Line Items 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).

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

(1) 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.

(b) Contractor is required to attach an invoice log addendum to each invoice which shall include, mailto:ipp.noreply@mail.eroc.twai.gov mailto:IPPCustomerSupport@fiscal.treasury.gov at a minimum, the following information for contract administration and reconciliation purposes:

(1) list of all invoices submitted to date under the subject award, including the following:

- invoice number, amount, & date submitted

- corresponding payment amount & date received

- total amount of all payments received to date under the subject contract or order

- and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance.

(c) Payment of invoices will be made based upon acceptance by the Government of the entire task or the tangible product deliverable(s) invoiced. Payments shall be based on the Government certifying that satisfactory services were provided, and the Contractor has certified that labor charges are accurate.

(d) If the services are rejected for failure to conform to the technical requirements of the task order, or any other contractually legitimate reason, the Contractor shall not be paid, or shall be paid an amount negotiated by the CO.

(e) Payment to the Contractor will not be made for temporary work stoppage due to circumstances beyond the control of U.S. Food and Drug Administration such as acts of God, inclement weather, power outages, and results thereof, or temporary closings of facilities at which Contractor personnel are performing. This may, however, be justification for excusable delays.

(f) The Contractor agrees that the submission of an invoice to the Government for payment is a certification that the services for which the Government is being billed, have been delivered in accordance with the hours shown on the invoices, and the services are of the quality required for timely and successful completion of the effort.

(g) Questions regarding invoice payments that cannot be resolved by the IPP Helpdesk should be directed to the FDA Employee Resource and Information Center (ERIC) Helpdesk at 301- 827-ERIC (3742) or toll-free 866-807-ERIC (3742); or, by email at ERIC@fda.hhs.gov.

Refer to the Call-in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed. All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received. When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.

17. CLAUSES

The below Health and Human Services Acquisition Regulation (HHSAR) Clauses apply.

HHSAR Clauses can be viewed in full text at:

http://www.hhs.gov/policies/hhsar/subpart352.html#subpart352.1-- InstructionsforUsingProvisionsandClauses mailto:ERIC@fda.hhs.gov http://www.hhs.gov/policies/hhsar/subpart352.html#subpart352.1--InstructionsforUsingProvisionsandClauses http://www.hhs.gov/policies/hhsar/subpart352.html#subpart352.1--InstructionsforUsingProvisionsandClauses

352.222-70 – Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

352.232-71 – Electronic Submission of Payment Requests (Feb 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)

352.239-74 – Electronic Information and Technology Accessibility (December 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part 1194. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

http://www.ipp.gov/ http://www.hhs.gov/web/508

(c) The Section 508 accessibility standards applicable to this contract are:

• Must meet WCAG 2.0 A and AA

• E101.2 Equivalent Facilitation (Appendix A, Application and Scoping

Requirements)

• E203 Access to Functionality (Appendix A, Application and Scoping Requirements)

• E204 Functional Performance Criteria (Appendix A, Application and Scoping

Requirements)

• E205 Electronic Content (Appendix A, Application and Scoping Requirements)

• E208 Support Documentation and Services (Appendix A, Application and Scoping

Requirements)

• Chapter 6 Support Documentation and Services (Appendix C, Functional

Performance Criteria and Technical Requirements)

• 302 Functional Performance Criteria (Appendix C, Functional Performance Criteria and Technical Requirements)

• Electronic content must be accessible to HHS acceptance criteria. Checklist for various formats are available at https://www.hhs.gov/web/section-508/making-files-accessible/index.html, or from the Section 508 Coordinator listed at https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html. Materials that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Representative.

• E207 Software (Appendix A, Application and Scoping Requirements)

• Chapter 5 Software (Appendix C, Functional Performance Criteria and Technical

Requirements)

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards.

Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS website:

(http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance https://www.hhs.gov/web/section-508/making-files-accessible/index.html https://www.hhs.gov/web/section-508/making-files-accessible/index.html https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html http://www.hhs.gov/web/508) http://www.hhs.gov/web/508 specified in the contract will be the responsibility of the Contractor at its own expense.

The below Federal Acquisition Regulation (FAR) Clauses apply. FAR Clauses can be viewed in full text at: BIhttp://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482

52.203-19 – Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (Jan 2017) 52.204-23 – Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021)

52.204-25 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52.217-7 – Option for Increased Quantity – Separately Priced Line Item ( Mar 1989) 52.217-8 – Option to Extend Services (Nov 1999) 52.227-19 – Commercial Computer Software License (Dec 2007) 52.232-39 – Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 – Providing Accelerated Payment to Small Business Subcontractors

(Nov 2021) 52.252‐2 – Clauses Incorporated by Reference (Feb 1998)

FAR 52.212‐4: Contract Terms and Conditions – Commercial Items (October 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

http://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063244 invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

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(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

https://www.acquisition.gov/content/part-33-protests-disputes-and-appeals#i1080268 https://www.acquisition.gov/content/part-32-contract-financing#i1081898

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the https://www.acquisition.gov/content/part-32-contract-financing#i1081962 termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(p) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections;

49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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(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.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t)[Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

FAR 52.212‐5: Contract Terms and Conditions Required to Implement Statues or

Executive Order – Commercial Items (January 2020)

(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 items:

(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.