RFQ_75F40126Q00406.docx

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Attached to
Fourier Transform Infrared Spectrophotometer (FTIR) Federal contract opportunity
Solicitation number
75F40126Q00406
Issued by
Department of Health and Human Services Food and Drug Administration Office of Acquisition and Grant Services

About this file

This is a Request for Quotes (RFQ) issued by the Food and Drug Administration for a Fourier Transform Infrared Spectrometer (FTIR) system to replace a 17-year-old instrument at the San Juan Medical Products Laboratory in Puerto Rico. The solicitation number is 75F40126Q00406, with NAICS code 334516 (Analytical laboratory instrument manufacturing) and a small business size standard of 1,000 employees. The requirement is for full and open competition. Quote submission deadline is September 22, 2026, at 3:00 PM ET, with questions due by September 18, 2026, at 3:00 PM ET. Quotes must be submitted by email to Pamela Lee at Pamela.Lee@fda.hhs.gov with the subject line "Proposal Submission: 75F40126Q00406 - Fourier Transform Infrared Spectrophotometer (FTIR)."

The RFQ requires a firm-fixed price quote submitted in two separate volumes—Volume I (Technical) and Volume II (Price)—with no pricing information in the technical volume. Required deliverables include one FTIR system with controller software, installation and operation qualification documentation, familiarization training for 3-5 users, and instrument and software user manuals, all due within 6-8 weeks of award. The system must meet minimum technical specifications including spectral range of 8,000-350 cm⁻¹, spectral resolution better than 0.45 cm⁻¹, signal-to-noise ratio of 40,000:1, thermoelectrically cooled DTGS detector, ATR with XR Diamond Crystal Plate, integrated touchscreen, 22" monitor, Windows 10, and current instrument controller software. The equipment must be newly manufactured (not refurbished) with a minimum 1-year limited warranty on parts and labor, 5-year warranty on the Diamond ATR, and 10-year warranty on the source, laser, and interferometer. All pricing must include FOB destination shipping to Puerto Rico, onsite installation by factory-certified personnel, hardware/software IQ/OQ with performance verification, one preventative maintenance visit, and onsite familiarization training. The system must comply with ISO/IEC 17025-2017, ISO 9001:2008, 21 CFR Part 11, and USP cGMP/cGLP standards. Quote validity must be at least 60 days after solicitation close, and vendors must include point of contact information, business size/type, UEI number, and SAM registration certification. Evaluation will be based on technical acceptability and lowest price, with the Government reserving the right to award without discussion. Payment terms are Net 30 days after Government acceptance following submission of a proper invoice through the Department of Treasury Invoice Processing Platform (IPP).

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75F40126Q00406 - Fourier Transform Infrared Spectrophotometer (FTIR)

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR), Revolution FAR Overhaul (RFO) Part 12.2 (UPDATE: April 20, 2026), as supplemented with additional information included in this notice. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-1, 3/13/2026.

This announcement constitutes the only solicitation and a separate solicitation will not be issued. The solicitation number is 75F40126Q00406. This solicitation is issued as a Request for Quotes (RFQ).

The associated North American Industry Classification System (NAICS) code for this acquisition is 334516 - Analytical laboratory instrument mfg; the applicable Small Business Size Standard is 1,000 number of employees. This requirement is solicited for full and open competition. This requirement is being solicited as an open market. Prospective offerors are responsible for downloading the solicitation and amendments from SAM.gov. The Government reserves the right to award a contract without discussion if the Contracting Officer determines that the initial offer provides the best value and discussions are not necessary.

The U.S. Food and Drug Administration (FDA) is requesting quotes for functional modern Fourier Transform Infrared Spectrometer (FTIR) with improved analytical capabilities to replace a 17-year-old FTIR system.

Interested Vendors shall submit any questions concerning the solicitation at the earliest time possible to enable the Government to respond. Questions shall be submitted directly by email to Pamela.Lee@fda.hhs.gov. No phone calls. Questions not received by the question submission deadline of: September 18, 2026, at 3:00 PM ET may not be considered.

The deadline for receipt of offers for this requirement is: September 22, 2026, at 3:00 PM ET. Quote submissions must be submitted by email only to Pamela Lee at: Pamela.Lee@fda.hhs.gov. Subject line of the email should be titled: “Proposaal Submission: 75F40126Q00406 - Fourier Transform Infrared Spectrophotometer (FTIR)”.

Part 1.0: Quote Submission Instructions

1.1 Vendors shall submit a firm-fixed price quote, including details of all prices supporting the required deliverables.

1.2 The Vendor shall complete the pricing chart below. Pricing shall include all applicable fees including FOB destination shipping and handling. Any charges presented after contract will not be considered.

1.3 Quotes shall be in two volumes: Volume I shall be Technical and Volume II shall be Price. The volumes shall be separate and complete, so the evaluation of one may be accomplished independently of, and concurrently with, the evaluation of the other. No pricing information shall be provided in Volume I.

1.4 Quotes shall clearly reference the solicitation, date of offer, company proposing and point of contact.

1.5 Quote shall be valid for at least 60 days after close of solicitation.

1.6 Vendors shall include in the quote:

· a point of contact (name, telephone number, and email address),

· proposed firm-fixed-prices,

· business size and type (e.g. small, 8(a) small businesses, veteran-owned small businesses, woman-owned small businesses, etc.),

· Unique Entity ID (UEI) number,

· certification that all company information listed in the System for Award Management (SAM) database is complete, accurate, and current.

Vendors shall ensure the solicitation number is visible in the header of the email transmission of their quote.

1.7 52.212-2 Evaluation—Commercial Products and Commercial Services (April 20, 2026)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers: technical acceptability and lowest price.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

1.8 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):

Provisions Number Title

52.203-11Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024)
52.203-18Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)
52.204-7System for Award Management—Registration (Nov 2024)
52.204-7with Alt ISystem for Award Management—Registration, with Alternate I (Oct 2018)
52.204-90Offeror Identification
52.207-6Solicitation of Offers from Small Business Concerns and Small Business
Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)
(Aug 2024)
52.209-12Certification Regarding Tax Matters (Oct 2025)
52.219-2Equal Low Bids (Oct 1995)
52.222-18Certification Regarding Knowledge of Child Labor for Listed End Products
(Feb 2021)
52.222-48Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment–Certification (May 2014)
52.222-52Exemption from Application of the Service Contract Labor Standards for Certain Services-Certification (May 2014)
52.222-56Certification Regarding Trafficking in Persons Compliance Plan (Oct 2025)
52.223-4Recovered Material Certification (May 2008)
52.225-2Buy American Certificate (Oct 2022)
52.225-4Buy American-Free Trade Agreements-Israeli Trade Act Certificate
(NOV 2023)
52.225-6Trade Agreements-Certificate (Feb 2021)
52.225-20Prohibition on Conducting Restricted Business Operations in Sudan-Certification (Aug 2009)
52.225-25Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Jun 2020)
52.226-3Disaster or Emergency Area Representation (Nov 2007)
52.229-11Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)
52.240-90Security Prohibitions and Exclusions Representations and Certifications

(End of provision)

1.8.1 Authorized Deviations in Provisions (Nov 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any ______________ [insert regulation name](48 CFR Chapter______) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Part 2: Schedule of Services (all shipping and handling shall be included in the price)

Item #

Description
Quantity
Unit
Unit Price
Extended Price
0001
Base year
FTIR (Fourier Transform Infrared Spectrometer) with Controller Software
1
EA
$
$
Installation and Operation Qualification documentation
1
EA
$
$
Familiarization Training
3 – 5 Users
EA
$
$
Instrument and Software User Manuals
1
EA
$
$

Total:

$
$

Grand Total

$
$

Part 3: Statement of Work (SOW)

Fourier Transform Infrared Spectrometer (FTIR) for the San Juan Medical Products Laboratory Background The Food and Drug Administration (FDA), San Juan Medical Products Laboratory (SJNLMP) needs to replace an existing Fourier Transform Infrared Spectrometer (FTIR) system used for routine sample identification analysis with a new Fourier Transform Infrared Spectrometer (FTIR System. The system in use needs to maintain cGMP/cGLP, ISO/IEC 17025-2017, ISO 9001:2008, and 21 CFR 11 standards for use as analytical equipment under the current accreditation. The system is used to analyze medical product samples using specific protocols and methods established by USP, internal FDA, DOD SLEP, and the FCC program.

As a Medical Product Specialty Laboratory, the laboratory uses FTIR technology to analyze and provide specific identification to a variety of drug samples. The San Juan Laboratory needs to update the existing 17-year-old FTIR to a new system with modern capabilities, software, and instrument components. The older FTIR system is no longer supported by the manufacturer, is out of service and in need of repairs, and is no longer functioning as intended. In addition, the hardware shows internal system rust and lens fogging, increasing maintenance cost, posing analytical failures and instrument malfunction. The newer Fourier Transform Infrared Spectrometer (FTIR) includes part warranties for up to 10 years and comes with newer software and instrument controller.

Objectives To obtain a fully functional modern Fourier Transform Infrared Spectrometer (FTIR) with improved analytical capabilities to replace a 17-year-old FTIR system.

Scope The Contractor shall provide all resources necessary to accomplish the tasks and deliverables described in this Statement of Work (SOW). One FTIR system to replace an older FTIR system.

Requirements All the following system requirements are minimum requirements:

• The Fourier Transform Infrared Spectrometer (FTIR) shall comply with the following quality requirements:

· ISO/IEC 17025-2017 https://www.iso.org/standard/39883.html, https://www.iso.org/standard/66912.html

· ISO 9001:2008 https://www.iso.org/standard/46486.html

· 21 CFR Part 11 Compliance https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm

· USP, cGMP/cGLP https://login.usp.org/cas/login?service=http%3A%2F%2Fonline.uspnf.com%2Fcas%2Flogin

· Instrument controller firmware, drivers, and updates must be compatible with the current laboratory domain system.

• The FTIR system shall include the following salient requirements:

· Optical System shall include the following specifications:

· Spectral range: 8,000-350 cm-1

· Spectral resolution: Better than 0.45 cm-1.

· Signal-to-Noise Ratio: 40,000:1.

· Wavenumber Precision: 0.001 cm⁻¹ at 2,000 cm⁻¹.

· Sealed and desiccated optical unit.

· Detector: Thermoelectrically cooled (TEC) DTGS.

· Interferometer with KBr/Ge mid-infrared beamsplitter.

· Source: Single-point source with 10-year warranty.

· ATR with XR Diamond Crystal Plate shall include the following specifications:

· Spectral Range 7800 – 350 cm-1

· Traceable polystyrene ATR standard

· The system shall include a Desiccant Replacement Kit.

· The system shall include Purge Kit.

• Hardware and Connectivity shall include the following salient requirements:

· Integrated touchscreen

· Integrated LightBar status.

· Ethernet connection

· Monitor 22”

· Wireless Keyboard and Mouse

· Windows 10

· The system shall include the current Instrument Controller Software with:

· Data Acquisition & Analysis

· Spectral Processing

· Library

· Instrument License

· Current Instrument Firmware

• Warranty:

· The entire system shall be warrantied for parts and labor for a minimum of 1-year limited warranty from date of formal government acceptance.

· The Diamond ATR shall be warrantied for 5 years.

· The source, laser, and interferometer shall be warrantied for 10-years.

• Delivery, Installation and Service

· Onsite installation of the entire system shall be included and inclusive of labor, delivery, and travel costs.

· Inside delivery, set up, installation, and clean-up of the area at the place of performance is required.

· The systems shall be delivered with all necessary supplies and accessories required for installation and start-up.

· Standard kits for operational qualification and performance verification (OQ/PV) shall be included.

· Installation of hardware & software shall be conducted by factory-certified service personnel.

· The vendor shall demonstrate upon installation that the system meets or exceeds all performance specifications which have been included in the vendor’s response and/or used as evaluation criteria for award. The following shall be demonstrated at the time of installation:

· The contractor shall demonstrate that all modules start up properly, are correctly installed and connected.

· Shall include Hardware IQ/OQ with Performance Verification.

· Shall include Software IQ/OQ and testing of basic functional specifications and Chapter 21 CFR part 11.

· The vendor shall provide IQ/OQ electronic documentation of Software and Hardware.

· The vendor shall include a minimum of one preventative maintenance visit for the KFT to ensure the instruments are functioning at peak performance.

· The vendor shall include shipping to Puerto Rico.

• Training:

· Onsite familiarization training for 3-5 users shall include basic system operation and routine maintenance.

Trade and Service Specs

•Equipment shall be newly manufactured, not used, refurbished, or previously used for demonstration.
•The Contractor shall provide a minimum of a one-year manufacturing warranty for all manufactured equipment and parts. Ten-year warranty on source, laser, and interferometer. The warranty shall be included with the equipment and not separately priced. The warranty shall include at a minimum: coverage on all non-consumable items and parts supplied including base instrument, factory-certified replacement parts, engineer labor and travel costs. Any equipment repair and maintenance work shall be performed by an OEM-trained engineer. This factory-trained engineer shall have (verified by the OEM) the following: 1) access to OEM factory telephone support; 2) access to the most current OEM factory training for both hardware and software components; and 3) access to all current OEM factory parts, not build-to-order parts. The OEM-trained service engineer shall not use salvaged parts from other instruments for performing maintenance and repairs. All parts used in PM and repairs must be guaranteed, factory-tested, OEM quality parts.
•Instrument operators shall have access to a technical representative call center at no additional charge, for technical assistance and troubleshooting, which is staffed by senior engineers to provide a high level of expertise for troubleshooting the instrument.
•The supplier shall provide training and validation of the equipment and software on site at the time of installation. Sufficient familiarization training for 3-5 users per delivery onsite location will be provided, such that operators may independently operate the instrument and with increased familiarity and proficiency. The training shall include manuals and any consumables to be used during training.
•The Contractor shall provide installation qualification with an employee who can provide proof of installation qualification/operation qualification (IQ/OQ) certification. The qualification and verification report shall include the standard operating procedures and the allowed manufacturer limits for the instrument. A copy of the calibration report and the qualification and verification report(s) shall be reviewed and approved by an FDA representative before installation of the equipment and execution of protocols.
•Inside delivery, disposing pallets, boxes, and any associated garbage, and unpacking the equipment and inventory of parts with a lab representative.

Deliverables or Delivery Schedule

Deliverable
Quantity
Due Date
FTIR (Fourier Transform Infrared Spectrometer) with Controller Software
1
Within 6-8 weeks after date of award
Installation and Operation Qualification documentation
1
Within 6-8 weeks after date of award
Familiarization Training
3-5 users
Within 6-8 weeks after date of award
Instrument and Software User Manuals
1
Within 6-8 weeks after date of award

Place of Performance Food and Drug Administration San Juan Medical Products Laboratory 466 Fernandez Juncos Ave, San Juan, PR 00901-3223 POCs: To be identified at time of award.

Vendor must call the Government POC at least 48 hours prior to delivery. Unless otherwise specified, deliveries shall be made to the Delivery Point specified above, Monday through Friday (excluding Federal Holidays see below between the hours of 8:00 a.m. and 4:00 p.m. in accordance with the delivery location time zone (Eastern Time, Central Time, or Pacific Time). Supplies or services scheduled for delivery on a Federal holiday shall be made on the next business day. Delivery must be inside the facility.

Period of Performance The Period of Performance begins the date of contract award execution and continues for one year (or longer depending on how long the OEM offered warranty period is) from the date of formal government acceptance. Instrument to be delivered no later than 6-8 weeks after date of award.

Hours of Operation The contractor is responsible for conducting business, between the hours of 8:00 AM – 4:00 PM Monday through Friday except Federal Holidays or when the Government facility is closed due to local or nation emergencies, administrative closings, increment weather, or similar Government directed facility closings. The contractor will not be expected to provide services on the following days:

New Year’s DayLabor Day
Martin Luther King Jr’s Birthday (Observance Day)Columbus Day
President’s DayVeteran’s Day
Memorial DayThanksgiving Day
JuneteenthChristmas Day

Independence Day

Part 4: Contract Clauses

4.1 52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR Reference
Title
52.212-1
Instructions to Offerors—Commercial Products and Commercial Services (Deviation Date) – (Sept 2023)
52.212-2
Evaluation—Commercial Products and Commercial Services (or agency-developed evaluation language) (Nov 2021)
52.212-3
Offeror Representations and Certifications—Commercial Products and Commercial Services ( (Oct 2025)
52.212-4
Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)
52.212-5
Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Mar 2026)

Clauses Number Title

52.203-6 with Alt IRestrictions on Subcontractor Sales to the Government (Jun 2020)
52.203-13Contractor Code of Business Ethics and Conduct (Nov 2021)
52.203-17Contractor Employee Whistleblower Rights (Nov 2023)
52.203-19Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
52.204-9Personal Identity Verification of Contractor Personnel (Jan 2011)
52.204-13System for Award Management—Maintenance (Oct 2018)
52.204-91Contractor identification
52.209-6Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jan 2025)
52.209-9Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)
52.209-10Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
52.219-4Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022)
52.219-8Utilization of Small Business Concerns (Jan 2025)
52.219-9Small Business Subcontracting Plan (Jan 2025)
52.219-9 with Alt ISmall Business Subcontracting Plan, with Alternate I (Nov 2016).
52.219-9 with Alt IISmall Business Subcontracting Plan, with Alternate II (Nov 2016).
52.219-9 with Alt IIISmall Business Subcontracting Plan, with Alternate III (Jan 2025).
52.219-9 with Alt IVSmall Business Subcontracting Plan, with Alternate IV (Jan 2025).
52.219-14Limitations on Subcontracting (Oct 2022)
52.219-16Liquidated Damages—Subcontracting Plan (Sep 2021)
52.219-33Nonmanufacturer Rule (Sep 2021)
52.222-3Convict Labor (June 2003)
52.222-19Child Labor—Cooperation with Authorities and Remedies (Mar 2026)
52.222-35Equal Opportunity for Veterans (Jun 2020)
52.222-35 with Alt IEqual Opportunity for Veterans, with Alternate I
52.222-36Equal Opportunity for Workers with Disabilities
52.222-36 with Alt IEqual Opportunity for Workers with Disabilities, with Alternate I (Jul 2014)
52.222-37Employment Reports on Veterans (Jun 2020)
52.222-40Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
52.222-41Service Contract Labor Standards (Aug 2018)
52.222-42Statement of Equivalent Rates for Federal Hires (May 2014)
52.222-43Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018)
52.222-44Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014)
52.222-50Combating Trafficking in Persons (Oct 2025)
52.222-50 with Alt ICombating Trafficking in Persons, with its Alternate I (Mar 2015)
52.222-51Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014)
52.222-53Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)
52.222-54Employment Eligibility Verification (Jan 2025)
52.222-62Paid Sick Leave Under Executive Order 13706 (Jan 2022)
52.222-90Addressing DEI Discrimination by Federal Contractors
52.223-9Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)
52.223-9 with Alt IEstimate of Percentage of Recovered Material Content for EPA-Designated Items, with Alternate I (May 2008)
52.223-11Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024)
52.223-12Maintenance (May 2024)
52.223-20Aerosols (May 2024)
52.223-21Foams (May 2024)
52.223-23Sustainable Products and Services (May 2024)
52.224-3Privacy Training (Jan 2017)
52.224-3 with Alt IPrivacy Training, with Alternate I (Jan 2017)
52.225-1Buy American-Supplies (Oct 2022)
52.225-1 with Alt IBuy American-Supplies, with Alternate I (Oct 2022)
52.225-3Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023)
52.225-3 with Alt IIBuy American-Free Trade Agreements-Israeli Trade Act, with Alternate II (Jan 2025)
52.225-3 with Alt IIIBuy American-Free Trade Agreements-Israeli Trade Act, with Alternate III (Feb 2024)
52.225-3 with Alt IVBuy American-Free Trade Agreements-Israeli Trade Act, with Alternate IV (Oct 2022)
52.225-5Trade Agreements (Nov 2023)
52.225-19Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2011)
52.225-26Contractors Performing Private Security Functions Outside the United States (Oct 2016)
52.226-4Notice of Disaster or Emergency Area Set-Aside (Nov 2007)
52.226-5Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)
52.226-8Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)
52.229-12Tax on Certain Foreign Procurements (Feb 2021)
52.232-29Terms for Financing of Commercial Products and Commercial Services (Apr 2010)
52.232-30Installment Payments of Commercial Products and Commercial Services (Nov 2021)
52.232-33Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)
52.232-34Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)
52.232-36Payment by Third Party (May 2014)
52.232-40Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)
52.232-9X52.232-9X, Fast Payment Procedure
52.233-3Protest After Award (Aug 1996)
52.233-4Applicable Law for Breach of Contract Claim (Oct 2004)
52.240-91Security Prohibitions and Exclusions
52.240-91 with Alt ISecurity Prohibitions and Exclusions, with Alternate I
52.240-92Security Requirements
52.240-92 with Alt IISecurity Requirements with Alternate II
52.240-93Basic Safeguarding of Covered Contractor Information Systems
52.244-6Subcontracts for Commercial Products and Commercial Services (Oct 2025)
52.247-64Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021)
52.247-64 with Alt IPreference for Privately Owned U.S.-Flag Commercial Vessels, with Alternate I (Apr 2003)
52.247-64 with Alt IIPreference for Privately Owned U.S.-Flag Commercial Vessels, with Alternate II (Nov 2021)

(End of clause)

4.1.1 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any HHSAR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

4.2 Department of Health and Human Services Acquisition Regulation (HHSAR) Clauses:

4.2.1 Contractor Compliance with Defending Women and Protecting Children Requirements – Certification (MARCH 2025) (DEVIATION)

(a) Certification. By submission of this offer and during performance of this contract, including the obligation, expenditure, or drawdown of funds, the contractor certifies that: [Offeror shall check each item.] ___ (1) It is compliant with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq., including the requirements set forth in Presidential Executive Order 14168 titled Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., and Contractor will remain compliant for the duration of the contract.

___ (2) The above requirements are conditions of payment that go the essence of the contract and are therefore material terms of the contract.

___ (3) Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

___ (4) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

____ (5) Submitting a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(b) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of provision)

4.2.2 352.209-2 Contractor Compliance with Defending Women and Protecting Children Requirements (March 2025) (DEVIATION)

352.232-71 Electronic Submission of Payment Requests (APR 2026) (RFO DEVIATION)

(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 in FAR 32.905(b), and the applicable payment clause included in this contract.

(b) Submission instructions. Except as provided in paragraph (c) of this clause, the Contractor must 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) Alternate submission procedures. The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(d) Submission of alternate payment procedures authorization. If alternate payment procedures are authorized, the Contractor must include a copy of the Contracting Officer's written authorization with each payment request.

(END OF CLAUSE)

4.2.3 352.239-79 Information and Communication Technology Accessibility (Feb 2024) (Deviation)

(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)

4.2.4 Contract Administration

a. The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the contract; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The contact information for the Contracting Officer is: Name: Madeline Bryant, Contracting Officer Phone: 240-402-7611 Email: Madeline.Bryant@fda.hhs.gov

The contact information for the Contract Specialist is:

Name: Pamela Lee, Contract Support Specialist Phone: 240-402-3847 Email: Pamela.Lee@fda.hhs.gov

b. The COR is responsible for: (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The following COR will represent the Government for the purpose of this contact: Name: (To be completed at time of award) Email:

Phone:

4.2.5 Inspection/Acceptance

The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the COR specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer.

4.2.6 Payment Terms

Net 30 days after government acceptance of a proper invoice which shall only be submitted after services have been performed. In accordance with the “Advance Payment Statute” at 31 U.S.C § 3324: Advance payments will not be made.

4.2.7 Invoice Submission

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" 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.

4.2.8 Notice Regarding the Use of Macros in Submitted Documents Be advised that FDA does not accept documents which contain the use of macros. When submitting documents via email, DO NOT include .exe, .mso, or any other executable file types that could potentially trigger email security protections (i.e. email blocks, quarantine). Document submissions required throughout the award period(s) shall not have macro enabled functionality and any document delivered having that functionality will be deemed delinquent, if not corrected prior to the due date.

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