RFQ_75F40126Q00377.pdf

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Vehicle Installation and Removal Services for Emergency Equipment
Solicitation number
75F40126Q00377
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RFQ 75F40126Q00377 Summary

This is a Request for Quotation (RFQ) issued by the U.S. Food and Drug Administration (FDA) Office of Criminal Investigations (OCI) for installation and removal services of radios, emergency equipment, truck bed covers, and window tinting in government-owned vehicles (GOVs) for federal law enforcement officers. The solicitation is set-aside for small business concerns with a NAICS code of 811114 and a small business size standard of $9 million. The contract is firm fixed price with a 4-month period of performance, and services must be completed within 30 days of receiving work order requests. The contractor must provide project management oversight, including a kickoff meeting within 14 days of award, monthly status reports, and quality control documentation. The requirement includes managing local pre-identified vendors across nationwide OCI field offices in Maryland, Kansas, Missouri, California, Washington, Florida, Georgia, Ohio, Kentucky, New York, New Jersey, and Texas during normal business hours (8 AM to 5 PM Eastern, Monday through Friday).

The scope encompasses five primary tasks: (1) Project Management, (2) Emergency Equipment Installation (Bundle 1 includes two front and rear LED lights, siren speaker, mini controller, and siren amp; Bundle 2 includes all Bundle 1 equipment plus two additional side LED lights and wig wag systems), (3) Emergency Equipment Removal, (4) Window Tinting Application (Solar Gard Galaxie or equivalent with specifications including UV protection and signal-friendly ratings), and (5) Truck Bed Cover Installation (RetraxONE MX or equivalent). The deliverables include 43 lights and sirens installations, 31 window tint installations, 1 truck bed cover installation, and 1 equipment removal across seven OCI regional offices. Other Direct Costs for emergency equipment and window tint film must be pre-approved by the Contracting Officer Representative, with contractors required to obtain three quotes for price competition. Quotations are due September 8, 2026, by 1:00 PM ET, with questions due by September 2, 2026. The government will award to the lowest-priced technically acceptable quoter. Invoices must be submitted electronically through the Department of Treasury Invoice Processing Platform (IPP) system.

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RFQ: 75F40126Q00377

This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR-RFO) format in FAR 12.201-1 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.

The Solicitation number is 75F40126Q00377. This requirement is issued as a request for quotation (RFQ).

This acquisition is set-aside for small business concerns.

Set-Aside: Total Small Business

The NAICS Code for this requirement is 811114.

The small business size standard for this NAICS code is $9 million. The full table of size standards is available at: https://www.sba.gov/document/support-table-size-standards

Description of Requirement: The U.S. Food and Drug Administration (FDA) Office of Criminal Investigations (OCI) has a requirement for installation and removal of radios, emergency equipment, truck bed covers and window tinting in GOVs for federal law enforcement officers as outlined in the attached Statement of Work (SOW)/Requirements Description.

Statement of Work (SOW)

Background The Food & Drug Administration (FDA), Office of Criminal Investigations (OCI) is responsible for conducting and coordinating agency criminal investigations relating to violations of the Federal Food, Drug, and Cosmetic Act, Federal Anti-Tampering Act, Title 18 offenses and other areas over which FDA has jurisdiction. The special agents of the OCI are charged with investigating alleged criminal violations within FDA’s jurisdiction. These violations include counterfeit, unapproved and illegal drugs or medical devices; product substitution; health fraud and health care fraud and application fraud among other violations.

As law enforcement officers (LEO), OCI special agents are provided with Government-owned vehicles (GOVs) that are required to be outfitted with communication accessories (i.e. radios), emergency equipment (i.e. lights and sirens), truck bed covers, and tinted windows in order for special agents to carry out OCI investigations.

https://www.sba.gov/document/support-table-size-standards

Scope The scope of this contract shall include the installation and removal of radios, emergency equipment, truck bed covers and window tinting in GOVs for federal law enforcement officers at FDA OCI. The Contractor shall manage and provide equipment for the installation and removal of vehicle radios, emergency equipment, truck bed covers, and window tint for OCI’s GOVs.

Requirement The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, non-personal services, and other items necessary to perform the services as defined in each task of this Performance Work Statement.

Task 1 – Project Management The Project Management task is required for oversight of the contract activities and all tasks of this contract. This task includes participating in a kickoff meeting as well as providing monthly status reports and monitoring quality of contract services.

• Kickoff Meeting Requirements:

The Contractor shall schedule a kickoff meeting with OCI personnel within 14 days of contract award. The purpose of the meeting shall be to introduce the Contractor Key Personnel and the OCI stakeholders and to identify the overall project layout and expectations. The Contractor shall provide the kickoff meeting presentation within 3 days of the meeting.

• Monthly Status Report Requirements:

The Contractor shall provide monthly status reports to OCI along with the monthly invoices submitted for payment. The monthly status reports shall include a summary of work performed during the month, any problems incurred, and any updates on any outstanding issues. Reports shall be due no later than 10 days after the end of the month for the previous month’s services.

• Quality Control Requirements:

The contract is for performance-based commercial services. The Contractor shall develop and maintain a standardized quality control system to ensure services are performed in accordance with commonly accepted commercial practices and existing quality control systems throughout the life of the contract.

The quality control system shall include photos of all installations and a checklist verifying the functionality of the equipment and checking for parasitic draw on the battery prior to the vehicle being released to the agent. The results from the quality control queries shall be maintained by the contractor. Photos of completed work shall be taken by the local vendor. The agent will verify the emergency equipment, communication equipment, truck bed cover and/or window tint are functioning properly after completion of the installation by the local vendor.

• Requesting and Monitoring Service Requests:

The FDA OCI shall provide the following information to the Contractor for service:

o OCI Agent Name, address and contact number.

o Regional OCI Office o OCI Agent’s immediate supervisor’s name and contact phone number.

o GSA vehicle tag number or OCI G plate number o Requested service(s) to be performed on the vehicle.

The Contractor shall report, as requested, the statuses of any in progress and completed service requests.

Task 2 – Emergency Equipment Installation Services The Contractor shall coordinate with local, pre-identified, vendors in the general geographical area of the GOV (see Place of Performance section) to provide the installation of emergency equipment. The Contractor shall facilitate the appointment time between the regional agent and the local vendor. Upon completion of the services, the contractor shall receive confirmation from the regional agent that the services were satisfactorily completed.

The Contractor shall:

• Manage a group of local vendors that shall perform installations for the communication and emergency equipment.

• Ensure that all installations are performed in an efficient manner that minimizes agent vehicle downtime.

• Ensure that the required install dates and times are coordinated between local vendor and the OCI regional agent.

• Verify that the local vendor installs all equipment and that the equipment is mechanically secured to the vehicle.

Installation services requirements:

• Equipment shall be installed in either Bundle 1 or Bundle 2, as specified in the request submission:

o Bundle 1 shall include installation of emergency equipment to include two front red and blue LED lights, two rear red and blue LED lights, an external siren speaker, a mini controller, a siren amp and all necessary wiring and cabling o Bundle 2 shall include all equipment in Bundle 1 plus two additional LED lights to be installed on the side of the vehicle, front headlight wig wag, and rear taillight wig wag

• All equipment shall be connected to an ignition-activated power source that has individual fuses for each system including all wiring from the power source.

Cutting or splicing into existing vehicle wiring is not acceptable.

• All wiring/harnesses shall be installed in split wire loom insulation and shall ensure that there is no exposure to abrasion, pinching, snagging, or any danger that can cause failure or fire. All wiring harnesses shall be mechanically secured to the vehicle structure to prevent damage. Insulating grommets shall be used to protect wiring when passing through metal panels or other sharp surfaces. Hot installation is not authorized in OCI GOVs. When the vehicle is turned off, all power to the emergency lights and systems must also be turned off. This is to stop the continuous drain on the car battery and power system while the vehicle is turned off.

• The emergency equipment may be provided by FDA OCI if equipment is available via OCI’s existing inventory. Otherwise, contractor shall provide emergency equipment for install (see ODC section).

Task 3 – Emergency Equipment Removal Services geographical area of the OCI regional agent (see Place of Performance section) to provide the removal of the radio and/or emergency equipment to the GOV. The Contractor shall facilitate the appointment time between the regional agent and the local vendor. Upon completion of the services, the contractor will receive confirmation from the regional agent that the services were satisfactorily completed.

The Contractor shall:

• Manage a group of local vendors that shall perform removal of the communication and emergency equipment.

• Ensure that all removals are performed in an efficient manner that minimizes agent vehicle downtime.

• Ensure that the required removal dates and times are coordinated between local vendor and the regional OCI agent.

• Ensure removal of all emergency equipment and radio equipment, if equipped, and return equipment to FDA/OCI.

Removal services requirements:

• All emergency equipment and radio equipment shall be removed from the vehicle. This includes any front, rear and/or side lights, siren speaker and control box, radio vehicle adapter, 100-watt amplifier, VHF glass mount antenna and all wiring and cabling for the equipment.

• After emergency or communication equipment is removed, all holes or openings that remain shall be sealed and covered to prevent water intrusion in the vehicle.

• All removed equipment including wiring/harnesses shall be returned to FDA/OCI, unless there is a concurrent request for equipment to be reinstalled into another

GOV.

Task 4 – Window Tinting Application Services geographical area of the OCI regional agent (see Place of Performance section) to apply window tinting to the GOV. The Contractor shall facilitate the appointment time between the regional agent and the local vendor. Upon completion of the services, the contractor will receive confirmation from the regional agent that the services were satisfactorily completed.

The Contractor shall:

• Manage a group of local vendors that shall perform required window tinting services

• Ensure that all window tinting is performed in an efficient manner that minimizes agent vehicle downtime.

• Ensure that the service dates and times are coordinated between local vendor and the regional OCI agent.

Window Tinting Requirements:

• Window tinting shall be applied to the rear windows, rear passenger windows, driver window, and front passenger window and provide a sun strip on the front windshield with at least Solar Gard Galaxie Window Film or equivalent. The minimum specifications for equivalent window tinting shall be:

o Guaranteed against fading or color change o Non-reflective (no metal) o Signal friendly, including: GPS, satellite radios, cellular phones and tire pressure monitoring systems o Blocks more than 99% of UV rays to the car interior o Available in seven varying shades ranging from 5% light transmittance to

52% o Limited lifetime warranty

• Visible light transmittance % should start at 5% (limousine tint), however, OCI may designate a higher Visible light transmittance %, up to 52%, if limousine tint/black out is not needed.

Task 5 – Truck Bed Cover Installation Services geographical area of the GOV (see Place of Performance section) to provide the installation of truck bed covers. The Contractor shall facilitate the appointment time between the regional agent and the local vendor. Upon completion of the services, the contractor shall receive confirmation from the regional agent that the services were satisfactorily completed.

The Contractor shall:

• Manage a group of local vendors that shall perform truck bed cover installations.

• Ensure that all installations are performed in an efficient manner that minimizes agent vehicle downtime.

• Ensure that the required install dates and times are coordinated between local vendor and the OCI regional agent.

• Verify that the local vendor installs all equipment and that the equipment is mechanically secured to the vehicle.

Truck bed cover requirements:

• Truck bed covers shall provide lockable storage space in the GOV truck bed.

The truck bed covers shall be equivalent to a RetraxONE MX. The required minimum specifications are:

o Automatic latching system o One-piece design to allow for easy access to the bed and can be locked in place at any position.

o UV protected black matte finish o Compatible with most truck bed sizes o Limited lifetime warranty

Other Direct Costs - Equipment Allowable other direct costs in support of the contract may include the emergency equipment (LED lights and siren equipment as described above in Bundle 1) and window tint film required to perform the services on the GOVs. Any equipment purchased via ODCs for installation shall be the property of the Government.

Any Other Direct Costs (ODCs) shall be submitted through an invoice. All ODCs, other than those ODC acquired under the firm fixed price line items, must be pre-approved by the Contracting Officer Representative (COR). To be eligible to receive reimbursement for ODCs, the Contractor must obtain at least three (3) quotes for each transaction to ensure that adequate price competition was sought, or the Contractor must provide an acceptable justification as to why it was impracticable to do so. The Contractor shall maintain documentation of all reimbursable purchases until three (3) years after the contract is completed and shall provide access to and copies of such documentation, when requested by the Contracting Officer.

Deliverables

SOW

Task #

Referen ce

Description Quantity/format Due Date

Task 1 Kickoff Meeting Presentation 1 PowerPoint Presentation sent via email

Within 14 days of contract award

Tasks 2 through

Emergency equipment, communication equipment and/or window tint film, and truck bed covers

40 Bundle 1 equipment 2 Bundle 2 equipment 1 Truck Bed Cover Window Tint Film

Within 30 days of submission of service requests

Task 1 Status updates of service requests

73 work order numbers and service request completion forms

Within 5 days of completion of request

Task 1 Monthly Progress Reports and Quality Assurance Reports

Monthly pdf submitted with monthly invoice

Due monthly, within 10 days after end of the month

Travel Travel for contractor personnel is NOT anticipated for the performance of this contract.

Other Unique Requirements Key Personnel:

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer.

The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

The following have been identified as Key Personnel for this contract:

Labor Category

Qualifications Name

Project Manager

• Knowledgeable of the overall organization, direction, and requirements of the contract efforts

• Ability to interface directly with Government designated representatives

• Knowledge of the commercial practices relating to the contract services

TBD at award

Inspection/Acceptance Criteria Inspection and acceptance shall be in accordance with the base clause 52.212-4(a).

Contracting officer’s representative (COR) is responsible for the inspection and acceptance of the deliverables for this requirement.

Period Of Performance Services shall be completed within 30 days of receipt of the work order request. The contract period of performance shall be 4 months from date of award.

Place Of Delivery and Performance

The Contractor shall be prepared to perform work nationwide throughout the United States. FDA OCI has GOVs located at the following field offices that require service under this contract:

OCI Office Location HQS Maryland KCK Kansas and Missouri LAC California and

Washington MIF Florida and Georgia MWM Maryland, Pennsylvania, Ohio and Kentucky NYN New York and New

Jersey OIA Maryland and Texas

Hours Of Operation Work/Deliveries shall typically be performed/delivered during normal business hours (typically between 8AM and 5PM Eastern) Mondays through Fridays.

Federal Holidays The Government will not require support for the Federal Holidays listed below. Specific dates can be found on https://www.opm.gov/.

• New Year's Day

• Birthday of Martin Luther King, Jr.

• Washington’s Birthday

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

Government Closure Government operating statuses for offices nationwide can be found on https://www.opm.gov/.

Aside from Federal holidays, the contractor shall contact the COR or Contracting Officer to determine work status in the event of Government closures. If a contractor staff has been approved to work at an alternate work site, the Government anticipates that the contractor staff will continue to perform their tasks as assigned at the order level.

In the event of inclement weather, contractor staff that work on-site at a Federal facility shall be https://www.opm.gov/ responsible for checking the operating status. If the facility is closed and the contractor staff is telework ready, the contractor staff may be required to work at the direction of the COR or CO.

Contract Type This is firm fixed price.

Point of Contact:

Contracting Officer (CO):

Sephora Calderon Sephora.calderon@fda.hhs.gov

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.

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 services not authorized under this contract. Any renewals are at the risk of the Contractor, and the Government will not reimburse the Contractor.

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

Invoice Instructions:

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 FAR 32.905(b), "Content of Invoices" mailto:Sephora.calderon@fda.hhs.gov 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 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).

e. Invoices that include cost-reimbursement Line Items 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.

f. Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

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

(1) invoice number, amount, & date submitted

(2) corresponding payment amount & date received

(b) total amount of all payments received to date under the subject contract or order

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

g. 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.

h. 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.

i. 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.

j. 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.

k. 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.

FAR Clauses:

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):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/hhsar

Clause No. Title Date

52.212-4 Terms and Conditions—Commercial Products and Commercial Services

Nov 2025

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Jun 2020 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

52.203-17 Contractor Employee Whistleblower Rights Nov 2025

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan 2017

52.204-19 Incorporation by Reference of Representations and Certifications

Dec 2014

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Nov 2025

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

Nov 2025

52.219-6 Notice of Total Small Business Set-Aside Nov 2025

52.222-3 Convict Labor Nov 2025

52.222-35 Equal Opportunity for Veterans Nov 2025

52.222-36 Equal Opportunity for Workers with Disabilities Nov 2025

52.222-50 Combating Trafficking in Persons Nov 2025

52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Requirements (RFO Deviation)

Nov 2025

52.222-90 Addressing DEI Discrimination by Federal Contractors (RFO Deviation)

Apr 2026

52.223-23 Sustainable Products and Services Nov 2025

52.225-5 Trade Agreements Nov 2023

52.225-1 Buy American – Supplies (RFO Deviation) APR 2026

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

May 2024

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

Oct 2018

52.232-36 Payment by Third Party Nov 2025

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

Mar 2023

52.233-3 Protest After Award Nov 2025

52.233-4 Applicable Law for Breach of Contract Claim Nov 2025

52.240-91 Security Prohibitions and Exclusions (RFO Deviation) Nov 2025

52.244-6 Subcontracts for Commercial Products and Commercial Services

Nov 2025

52.246-4 Inspection of Services—Fixed-Price Nov 2025

FAR CLAUSES INCORPORATED by FULL TEXT

52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor 45 days after the discovery of the defect. This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

(End of clause)

HHSAR 352.232-71 Electronic Submission of Payment Requests (APR 2026) As prescribed in HHSAR 332.7003, use the following clause:

Electronic Submission of Payment Requests

(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)

HHSAR 352.239-79 Information and Communication Technology Accessibility

(DEVIATION) (FEB 2024)

(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 information and communication technology

(ICT)

supplies, products, platforms, information, documentation, and services support developed, acquired, maintained or delivered under this contract or order must comply with the Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and C, and are available at https://www.access-board.gov/ict/. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.

(b) Additional Section 508 accessibility standards applicable to this contract or order may be identified in the specification, statement of work, or performance work statement. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) In the event of a modification(s) to this contract or order, which adds new ICT supplies or services or revises the type of, or specifications for, supplies, products, platforms, information, documentation, or services support, the Contracting Officer shall require that the Contractor submit a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template

(VPAT)

see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(d) If this is an Indefinite-Delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies, products, platforms, information, documentation, or services support will define the specifications and accessibility standards for the order. In those cases, the Contractor shall be required to provide a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an ACR (based on the VPAT see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies, products, platforms, information, documentation, or services support conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) The contractor shall identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements.

(End of clause)

FAR Provisions The following provisions apply:

Provision No.

Title Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

Sep 2024

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation

Jan 2017

52.204-7 System for Award Management—Registration (RFO Deviation)

Nov 2025

52.222-37 Employment Reports on Veterans (RFO Deviation) Aug 2026

52.222-48 Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment—Certification (RFO Deviation)

Nov 2025

52.240-90 Security Prohibitions and Exclusions Representations and Certifications (RFO Deviation)

Nov 2025

FAR 52.219-1 – SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION

RFO) (APR 2026)

(a) Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern means a small business concern that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.103

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 811114.

(2) The small business size standard is $9M.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that—

(i) it □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small disadvantage business concern.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern]. The offeror represents as part of its offer that it □ is, □ is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.

(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—

(1) Punished by imposition of fine, imprisonment, or both;

(2) Subject to administrative remedies, including suspension and debarment; and

(3) Ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

52.225-2 Buy American Certificate.

As prescribed in 25.601(a)(2), insert the following provision:

Buy American Certificate (Oct 2022)

(a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(b) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

(b)[List as necessary]

(c) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/hhsar

(End of provision)

HHSAR 352.239-78 Information and Communication Technology Accessibility Notice (DEVIATION) (FEB 2024)

(a) Any offeror responding to this solicitation must comply with established HHS Information and Communication Technology (ICT) accessibility standards. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-79 Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies, products, platforms, information, and documentation meet applicable Section 508 accessibility standards, offerors must submit an appropriate HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), in accordance with the completion instructions. The purpose of the checklists and conformance reports are to assist HHS acquisition and program officials in determining whether proposed ICT supplies, products, platforms, information, and documentation conform to applicable Section 508 accessibility standards. Checklists and ACRs evaluate—in detail—whether the ICT conforms to specific Section 508 accessibility standards and identifies remediation efforts needed to address conformance issues.

(c) If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies, products, platforms, information, documentation, or services support delivered do not conform to the described accessibility standards, remediation of the supplies, products, https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12 platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(d) In order to facilitate the Government's determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit an Accessibility Conformance Report, in accordance with its completion instructions and tailored to the requirements in the solicitation. The purpose of the Report is to assist HHS acquisition and program officials in determining whether proposed ICT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document, in detail, whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available at https://Section508.gov/.

(e) In order to facilitate the Government's determination whether proposed ICT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the ICT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(f) Respondents to this solicitation must identify any inability to conform to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(g) Items delivered as electronic content must be accessible to HHS acceptance criteria.

Checklist for various formats are available at http://508.hhs.gov/. Materials, other than items incidental to contract management, that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting…

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