RFQ Attachment 2 - Provisions and Clauses.pdf

RFQ-NIAID-24-2207171

Attachment 2 – Provisions and Clauses

The following Federal Acquisition Regulation (FAR) provisions apply to this acquisition:

FAR 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.acquistion.gov/

(End of provision)

FAR 52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representations (Jan 2017) FAR 52.204-7 – System for Award Management (Oct 2018) FAR 52.204-16 – Commercial for Government Entity Code Reporting (Aug 2020) FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) FAR 52.204-26 – Covered Telecommunications Equipment or Services-Representation (Oct 2020) FAR 52.209-7 – Information Regarding Responsibility Matters (Oct 2018) FAR 52.212-1 – Instructions to Offerors – Commercial Products and Commercial Services (Sep 2023) FAR 52.212-3 – Offeror Representations and Certifications – Commercial Products and Commercial Services (May 2024) FAR 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements – Commercial Acquisition (Nov 2021) FAR 52.222-52 Exemption from Application of the Service Contract Labor Standards statute to Contracts for Certain Services – Certification (May 2014) FAR 52.217-5 – Evaluation of Options (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

The following Federal Acquisition Regulation (FAR) clauses apply to this acquisition:

FAR 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.acquistion.gov/

(End of clause)

FAR 52.204-13 – System for Award Management Maintenance (Oct 2018) FAR 52.204-18 – Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) FAR 52.212-4 – Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023) Alternate I (Nov 2021) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) FAR 52.242-15 Stop-Work Order (Aug 1989)

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (May 2024)

PROVIDED IN FULL TEXT – SEE SEPARATE ATTACHMENT

FAR 52.217-8 – Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 days.

(End of clause)

FAR 52.217-9 – Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 38 months.

(End of clause)

The following Department of Health and Human Services Acquisition Regulation (HHSAR) provisions and clauses apply to this acquisition:

HHSAR 352.203-70 – Anti-lobbying (Dec 2015) HHSAR 352.208-70 – Printing and Duplication (Dec 2015) HHSAR 352.222-70 – Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

HHSAR 352.223-70 – Safety and Health (Dec 2015) HHSAR 352.224-71 – Confidential Information (Dec 2015) HHSAR 352.231-70 Salary Rate Limitation (Dec 2015) The following Department of Health and Human Services Acquisition Regulation (HHSAR) provisions and clauses are incorporated to this acquisition by full text:

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.

(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)