RFQ_75N95025Q00170.pdf

COMBINED SYNOPSIS / SOLICITATION-COMPETITIVE

Title: Extended Warranty and Technical Support for BBI-piPET-314-13

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

2. The solicitation number is 75N95025Q00170 and the solicitation is issued as request for quotation (RFQ).

This acquisition is for a commercial item or service and is conducted under the authority of the FAR Part 13 —Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Items and is not expected to exceed the simplified acquisition threshold. A fixed-price type of purchase order is contemplated for this requirement.

The National Institute on Drug Abuse (NIDA) Intramural Research Program (IRP) Neuroimaging Research Branch owns a BBI-piPET-314-13 primate PET scanner to perform imaging studies on preclinical models. The purpose of this acquisition is to acquire a service contract to support the operation of this scanner. This service is required to ensure continued high-quality imaging performance of the scanner to support research in substance use disorders (SUD). See Attachment 1 – Statement of Work, for additional details.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03, dated 01-03-2025.

4. The North American Industry Classification System (NAICS) Code for this procurement is

811210 - Electronic and Precision Equipment Repair and Maintenance, and the small business size standard $34 million or less. This requirement is a total small business set-aside.

5. Line Items: NIDA anticipates the use of a Firm-Fixed-Price type contract as a result of this solicitation. NIDA also anticipates the use of Options in accordance with the Federal Acquisition Regulation 52.217- 9 Option to Extend the Term of the Contract (Mar 2000). It is anticipated that this contract will consist of a 12-month Base Period, with two (2) additional 12-month Option Periods. This period of performance will allow for the greatest flexibility given the program needs and funding availability. It is estimated that the Base Period will begin on April 18, 2025 and run through April 17, 2026. Below is a table that contains a list of line item number and description of the requirement for the anticipated award of the Base Period.

Line No.

Description

1 FY25. Base Period. Extended Warranty and Technical Support for BBI-piPET- 314-13. April 18, 2025 – April 17, 2026.

6. Project Requirements: Independently and not as an agent of the Government, the

Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the Statement of Work below to provide:

• One annual Preventative Maintenance service call during warranty extension period including complete system re-calibration and mechanical evaluation.

• Officially released software updates not requiring additional hardware or hardware upgrades will be made available at no charge during the warranty extension period.

• Diagnostic Service and On-Site Field Service as needed by a certified technician qualified to perform maintenance on the NRB’s BBI-piPET-314-13 PET scanner (Serial Number 19-811).

• Telephone support and remote troubleshooting.

• Equipment Repair and Replacement parts, as needed.

• Emergency assessment and repair, as needed.

• All parts and labor - Contractor shall schedule and perform onsite preventive maintenance from 8:00 am – 5:00 pm Monday through Friday, excluding Federal holidays.

Please see Attachment 1 – Statement of Work for the complete description and details of the requirement.

7. The anticipated period of performance for the order shall be:

• Base Year: April 18, 2025 through April 17, 2026

• Option Period 1: April 18, 2026 through April 17, 2027

• Option Period 2: April 18, 2027 through April 17, 2028

The ultimate period of performance if all options are exercised shall be April 18, 2025 through April 17, 2028.

8. The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

9. The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to this acquisition. The following is provided as an addendum to clause 52.212-2:

The award resulting from this solicitation will be made to the responsible Offeror whose quote is most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations: Technical Criteria, Price, and Options.

A tradeoff process shall be used for this acquisition because it has been determined to be in the best interest of the Government to consider award to other than the lowest priced Offeror or other than the highest technically rated offeror. All evaluation factors and significant sub-factors are listed below in terms of their relative importance. Technical Factors are significantly more important than price.

Evaluations will be based on the demonstrated capabilities of the prospective Offeror in relation to the needs of the project. The merits of each quote will be evaluated carefully.

Each quote must document the feasibility of successful implementation of the requirements of this solicitation. The Offeror must submit information sufficient to evaluate its quotes based on the detailed factors listed below.

a. Technical Evaluation Criteria

As part of the Technical Quote, the Offeror shall include the following:

1. Technical Capability and Functionality

NIDA shall evaluate the offeror’s technical approach for overall capability and functionality in relation to the General Requirement, Salient Characteristics, Quantity and Deliverables as described in the Statement of Work.

2. Contract Management and Customer Support

NIDA shall evaluate the offeror’s ability to provide a high level of customer service, particularly in the area of initial responsiveness and resolution of device and service problems. Specifically, the Government will evaluate the Offeror’s capability based on its description of any applicable warranty, customer support process.

3. Speed of Delivery, Installation and Set-up

NIDA shall evaluate the offeror’s technical approach for completeness, feasibility, soundness and practicality of the proposed approach and work plan for accomplishing the requirements of the Statement of Work.

4. Past Performance

The Offeror should provide past performance information. Past performance information should cover a minimum of 1 year in relevant services and deliveries of comparable systems. The Offeror should provide at least one reference for any project identified under the experience factor that has a performance period within the past three years. For each reference, the offeror should provide: (1) Organization/contracting partner's name; (2) Point of contact's (POC) name and contact information: Current phone numbers. Valid email addresses; (3) Description that precisely explains: General scope of the contract. Specific requirements of the contract.

Offerors may be evaluated based on information obtained from references provided by the offeror, other relevant past performance information obtained from other sources known to the Government, and any information supplied by the offeror concerning problems encountered on the identified contracts and corrective action taken. Furthermore, the Government will assess the relative risks associated with each offeror. Performance risks are those associated with an offeror's likelihood of success in performing the acquisition requirements as indicated by that offeror's record of past performance. The assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of an offeror's performance on a list of contracts but rather the product of subjective judgment by the Government after it considers all available and relevant information.

b. Price Evaluation Offerors price quote will be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market. Normally, price reasonableness is established through adequate price competition, but may also be determined through cost and price analysis techniques. Price evaluation will not be conducted on any Offeror determined to be technically unacceptable.

c. Evaluation of Options

It is anticipated that any contract(s) awarded from this solicitation will contain option provision(s) and period(s). In accordance with FAR Clause 52.217-5, Evaluation of Options, (July 1990), the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement, except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests. Evaluation of options will not obligate the Government to exercise the option(s). However, this evaluation will not be conducted on any offeror whose Quote is determined to be technically unacceptable.

10. The Offeror is to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer.

11. The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and is supplemented by Attachment 3 - 52.212-4 Addendum and Supplemental Clauses.

12. The FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition and is supplemented by Attachment 4 - 52.212-5 Addendum.

13. The following additional contract requirement(s) or terms and conditions as determined by the Contracting Officer are necessary for this acquisition and consistent with customary commercial practices. FAR 52.212-4 Contract Terms and Conditions – Commercial Items (October 2018) is included in this solicitation by reference. Additional contract requirement(s) or terms and conditions determined by the Contracting Officer to be necessary for this acquisition are supplemented by the following attachments:

• Attachment 1 - Statement of Work

• Attachment 2 - 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items

• Attachment 3 – Invoice Instructions

14. This is not a rated order under the Defense Priorities and Allocations System (DPAS). The resultant purchase order will provide that HHS reserves the right to exercise priorities and allocations authority with respect to this contract, to include rating this order in accordance with 45 CFR Part 101, Subpart A—Health Resources Priorities and Allocations System.

15. The response to the combined synopsis/solicitation is due no later than April 9, 2025 at 1:00 P.M. Eastern Standard Time (EST). Offers submitted after the deadline may not be considered. The response should be submitted in a searchable electronic format to the Contract Specialist, Shaun Rostad at Shaun.Rostad@nih.gov. Electronic submittals must include the combined synopsis/solicitation 75N95025Q00170 and the Title in the Subject Line.

In addition, the Unique Entity Identifier (UEI) number, the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

The Offeror must submit with their quote the following information:

• technical quote in accordance with this combined synopsis/solicitation in a searchable

PDF format;

• Price quote in an Excel format;

• the Unique Entity Identifier (UEI) number; and

• Verification of System for Award Management (SAM) Registration www.sam.gov.

Technical quotes shall be submitted in accordance with the Project Requirements identified in Section 6 of this combined synopsis/solicitation.

The Offeror should submit a separate business quotes in searchable PDF format.

In its business quote, the Offeror shall add the total price for the Option Periods to the total price for the basic requirements.

Any quote, modification, or revision that is received at the designated Government office after the exact date and time specified for receipt of quotations is “late” and may not be considered. Quotes received “late” may not be evaluated or considered for award and may be returned to the Offeror.

If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

The Government reserves the right to award without discussions if the Contracting Officer determines that the initial prices are fair and reasonable and that discussions are not necessary.

16. Questions and requests for clarification should be submitted electronically to the Contract Specialist, Shaun Rostad at Shaun.Rostad@nih.gov on or before 1:00 pm April 7, 2025.

mailto:Shaun.Rostad@nih.gov http://www.sam.gov/ mailto:Shaun.Rostad@nih.gov

Any questions or request for clarification must include the combined synopsis/solicitation 75N95025Q00170 and the Title in the Subject Line.

Attachment 1 - Statement of Work Purchase Order: 75N95025Q00170

STATEMENT OF WORK (SERVICES)

(SOW)

GENERAL INFORMATION

Extended Warranty and Technical Support for BBI-piPET-314-13

The National Institute on Drug Abuse (NIDA) Intramural Research Program (IRP) Neuroimaging Research Branch owns a BBI-piPET-314-13 primate PET scanner to perform imaging studies on preclinical models. The purpose of this acquisition is to acquire a service contract to support the operation of this scanner. This service is required to ensure continued high-quality imaging performance of the scanner to support research in substance use disorders (SUD).

The mission of the IRP of the NIDA is to conduct state-of-the-art research on basic mechanisms that underlie drug use and substance use disorders, and to develop new methods for the treatment of substance use disorders. Research is supported at the molecular, genetic, cellular, animal, and clinical levels and is conceptually integrated, highly innovative, and focused on major problems in the field. The long-term goal of the research is to better understand the biological and behavioral factors contributing to initiation and maintenance of substance use disorders (and associated diseases), and to translate this knowledge into improved strategies for preventing, treating, and reducing the negative consequences of substance use disorders for the individual and for society.

The goal of the Biobehavioral Imaging and Molecular Neuropsychopharmacology Unit is to better understand the neurobiological antecedents of illicit drug use and development of an SUD, the neuronal consequences of short and long-term drug use and the potential reversibility of these neuroadaptations. The major paradigm employed towards this goal is the development and application of novel neuroimaging tools, predominantly PET imaging applied together with behavioral, and pharmacological manipulations and genetic investigations in preclinical protocols. The long-term objective of this research is to inform the development of better behavioral and pharmacological interventions to treat SUDs and help prevent vulnerable individuals from initiating drug use.

Base Period: April 18, 2025 – April 17, 2026 Option Period 1: April 18, 2026 – April 17, 2027 Option Period 2: April 18, 2027 – April 17, 2028

SCOPE OF WORK

Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the Statement of Work below to provide:

Version 11-30-2016-1 FAR Part 11—Describing Agency Needs

Title of Project:

Statement of Need and Purpose:

Background Information and Objective:

Period of Performance:

General Requirements:

1. One annual Preventative Maintenance service call during warranty extension period including complete system re-calibration and mechanical evaluation.

2. Officially released software updates not requiring additional hardware or hardware upgrades will be made available at no charge during the warranty extension period.

3. Diagnostic Service and On-Site Field Service as needed by a certified technician qualified to perform maintenance on the NRB’s BBI-piPET-314-13 PET scanner (Serial Number 19-811).

4. Telephone support and remote troubleshooting.

5. Equipment Repair and Replacement parts, as needed.

6. Emergency assessment and repair, as needed.

7. All parts and labor - Contractor shall schedule and perform onsite preventive maintenance from 8:00 am – 5:00 pm Monday through Friday, excluding Federal holidays.

1. Preventive Maintenance:

a. One per year to provide preventive maintenance to the PET scanner.

b. Visits shall include labor and travel.

c. Assessment and evaluation of overall functionality of the scanner, and system re-calibration and software updates.

d. Preventive Replacement of working parts as necessary, to prevent future failures.

2. Repair services for all parts of the equipment, which includes the following:

a. The contractor shall have either an adequate supply of parts in stock and readily available to the service technicians or be able to obtain any required part within 48 hours of the service technician assessment.

b. The service technicians need to be OEM trained and qualified.

c. All service is to be warrantied for 6 months and any replacement part must have at least a 12-month warranty.

Contractor shall have access to proprietary parts and test instrumentation for effective repair in case of malfunction. Technical performance requirements include system coverage on the subject equipment by Original Equipment Manufacturer (OEM) factory-trained, authorized technicians and providers of any required parts and software or proprietary diagnostic software and software enhancements must be OEM certified (new or like-new) and compatible with the subject equipment.

Contractor shall be required to provide written documentation in achieving this statement of work during the period of performance. The original documentation shall be provided by the vendor to show they completed service.

Version 11-30-2016-1

Specific Requirements:

Service shall include labor and parts coverage, extended coverage hours, on-site labor response, technical telephone response (call-back to schedule), and planned maintenance, diagnostics software license and service documentation, and preferred labor rate.

SALIENT CHARACTERISTICS:

Equipment Model: BBI-piPET-314-13 (piPET® PRIMAVERA)

Description: piPET® Positron Emission Tomography (PET) scanner for preclinical and veterinary research.

• PET Detector Ring comprising 15 gamma ray detectors. Each gamma ray detector contains 1,014 lutetium-based scintillating crystal elements (2mm x 2mm x 13mm) read out by PS PMTs.

• Linear stages, and motors mounted in detector housing

• Data acquisition electronics

• Data processing/image reconstruction software

Vertical mount system (AwakePET™)

GOVERNMENT RESPONSIBILITIES:

The government owns the scientific instrumentation. The field service technician will be required to notify the POC from the NIDA/IRP for access to the Neuroimaging Research Branch.

The unit is housed at NIDA-IRP, located at the Biomedical Research Center (BRC) at 251 Bayview Boulevard, Suite 200, Baltimore, Maryland 21224.

DELIVERY OR DELIVERABLES:

Documentation shall be provided by the vendor to show they completed the preventive service on the equipment and left with the COR or POC. The service technician is to present a service ticket that briefly details the work performed during the service visit to the POC for signature and a copy of the ticket is to be left with the POC.

A detailed written report of any service and\or preventive maintenance is to be submitted to the Contracting Officer’s Representative, or a delegated entity, within 24 hours of service being performed.

KEY PERSONNEL:

Original Equipment Manufacturer (OEM) factory-trained, authorized technicians.

Version 11-30-2016-1

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (Jan 2025)

[Contracting officer check as appropriate.]

Attachment 2 - FAR 52.212-5 https://www.acquisition.gov/far/52.203-6 https://www.acquisition.gov/far/52.203-13 https://www.acquisition.gov/far/52.203-15 https://www.acquisition.gov/far/52.204-10 https://www.acquisition.gov/far/52.204-14 https://www.acquisition.gov/far/52.204-15 https://www.acquisition.gov/far/52.204-28 https://www.acquisition.gov/far/52.204-27 https://www.acquisition.gov/far/52.203-17 https://www.acquisition.gov/far/52.204-30

Attachment 2 - FAR 52.212-5 https://www.acquisition.gov/far/52.219-4 https://www.acquisition.gov/far/52.219-6 https://www.acquisition.gov/far/52.219-7 https://www.acquisition.gov/far/52.219-8 https://www.acquisition.gov/far/52.219-9 https://www.acquisition.gov/far/52.219-13 https://www.acquisition.gov/far/52.219-14 https://www.acquisition.gov/far/52.219-16 https://www.acquisition.gov/far/52.219-27 https://www.acquisition.gov/far/52.219-28 https://www.acquisition.gov/far/52.219-29 https://www.acquisition.gov/far/52.219-30 https://www.acquisition.gov/far/52.219-32 https://www.acquisition.gov/far/52.219-33 https://www.acquisition.gov/far/52.219-3 https://www.acquisition.gov/far/52.209-9 https://www.acquisition.gov/far/52.209-6 https://www.acquisition.gov/far/52.209-9 https://www.acquisition.gov/far/52.222-3 https://www.acquisition.gov/far/52.222-21 https://www.acquisition.gov/far/52.222-26 https://www.acquisition.gov/far/52.222-35 https://www.acquisition.gov/far/52.222-36 https://www.acquisition.gov/far/52.222-37 https://www.acquisition.gov/far/52.222-40 https://www.acquisition.gov/far/52.222-50 https://www.acquisition.gov/far/52.222-54 https://www.acquisition.gov/far/52.223-9 https://www.acquisition.gov/far/52.223-11 https://www.acquisition.gov/far/52.223-12 https://www.acquisition.gov/far/52.223-20 https://www.acquisition.gov/far/52.223-21 https://www.acquisition.gov/far/52.223-23 https://www.acquisition.gov/far/52.222-19 https://www.acquisition.gov/far/52.224-3 https://www.acquisition.gov/far/52.225-1 https://www.acquisition.gov/far/52.225-3 https://www.acquisition.gov/far/52.225-5 https://www.acquisition.gov/far/52.225-13 https://www.acquisition.gov/far/52.225-26 https://www.acquisition.gov/far/52.226-4 https://www.acquisition.gov/far/52.226-5 https://www.acquisition.gov/far/52.232-29 https://www.acquisition.gov/far/52.232-30 https://www.acquisition.gov/far/52.232-33 https://www.acquisition.gov/far/52.232-34 https://www.acquisition.gov/far/52.232-36 https://www.acquisition.gov/far/52.239-1 https://www.acquisition.gov/far/52.240-1 https://www.acquisition.gov/far/52.229-12 https://www.acquisition.gov/far/52.226-8 https://www.acquisition.gov/far/52.222-41 https://www.acquisition.gov/far/52.222-42 https://www.acquisition.gov/far/52.222-43 https://www.acquisition.gov/far/52.222-44 https://www.acquisition.gov/far/52.222-51 https://www.acquisition.gov/far/52.222-53 https://www.acquisition.gov/far/52.222-55 https://www.acquisition.gov/far/52.222-62 https://www.acquisition.gov/far/52.226-6 https://www.acquisition.gov/far/52.247-64 https://www.acquisition.gov/far/52.242-5 https://www.acquisition.gov/far/52.247-69

FAR 52.212-5 as of FAC 2025-03 (01/17/2025) Edited 01/17/2025

Updated on March 21, 2023

Invoice and Payment Provisions (Vendor has Transitioned to IPP)

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR

32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats, or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be considered in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the

Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS:

Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Unique Entity Identifier (UEI) which is in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

8. Federal Taxpayer Identification Number (TIN). In those rare cases where a Contractor does not have a UEI number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a two-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

Attachment 3 - IPP Invoice Instructions

NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

B. The Contractor shall submit invoices to the Department of Treasury’s Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official, as directed below.

The Contractor shall submit a copy of the electronic invoice to the following Approving Official (Contracting Officer) and Contracting Officer Representative:

Approving Official: Contracting Officer Name- Email Address-

Contracting Officer Representative Name- Email Address-

II. Invoice Payment A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or Contractor compliance with a term or condition.

3. In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further

Attachment 3 - IPP Invoice Instructions https://www.ipp.gov/ settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR

52.232-40 (Mar 2023).

(a)

(1) In accordance with 31 U.S.C. 3903 https://www.govinfo.gov/link/uscode/31/3903 and 10

U.S.C. 3801 https://www.govinfo.gov/link/uscode/10/3801 , within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

(End of clause).

V. HHSAR 352.232-71 Electronic Submission of Payment Requests (February 2, 2022).

(a) Definitions. As used in this clause—

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ‘‘Content of Invoices’’ and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

Attachment 3 - IPP Invoice Instructions https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 http://www.ipp.gov/

(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).

Attachment 3 - IPP Invoice Instructions

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

(7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(42 U.S.C. 5150).

226-8 text: Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.