RFQ_FDA-75F40126Q00320.pdf

REQUEST FOR QUOTE

Nitrogen Generators Maintenance Agreement

FDA-75F40126Q00320

DATE POSTED: July 22, 2026

RESPONSE DATE: August 5, 2026, by 1:00 PM EST

CLASSIFICATION CODE: J066 – Maintenance, Repair, and Rebuilding of Equipment -

Instruments and Laboratory Equipment

NAICS CODE: 811210 – Electronic and Precision Equipment Repair and Maintenance

This is a combined synopsis/solicitation for commercial services prepared in accordance with the Federal

Acquisition Regulation (FAR). This announcement constitutes the only solicitation. Quotes are being requested, and a written solicitation will not be issued. It is the Government's intent to issue a Firm Fixed

Priced Purchase Order in accordance with FAR Part 12 and is a Small Business Concern requirement.

This solicitation is issued as a Request for Quote (RFQ) and the solicitation number is FDA-

75F40126Q00320.

FAR and HHSAR provisions and clauses referenced in this RFQ can be found on the following website:

https://www.acquisition.gov/browse/index/far

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

1.BACKGROUND

The National Forensic Chemistry Center (NFCC) in the Office of the Commissioner/Office of Chief Scientist/Office of Specialty Laboratories and Enforcement Support (OC/OCS/OSLES) requires the purchase of Multi-year Service Contracts for Nitrogen Generators (all satellite lab locations). The following locations are: Queens, NY; Miami, FL; Chicago; IL; Honolulu, HI; Torrance, CA.

2. OBJECTIVE

The National Forensic Chemistry Center (OC/OCS/OSLES/NFCC) Multi-year Service Contracts for Nitrogen Generators (all satellite lab locations). The preventive maintenance requested will help keep the instrument operating under optimal conditions and reduce the likelihood of the need for costly repairs.

The requested service is of sufficient quantity to support instrument maintenance for four to five years. If the lab does not receive this service, then system operation may decline and/or the system may become inoperable for sample analyses, which may cause delays in sample turnaround times. This purchase directly supports FDA laboratory operations and is necessary to maintain testing capability.

https://www.acquisition.gov/browse/index/far

3. SUPPLIES/SERVICES

Nitrogen Generators Maintenance Agreement

Base Year: 09/14/2026 – 09/13/2027

Item No

Serial No Description Qty Unit Unit Price Price

001 723050599

Maintenance for Nitrogen Generators (SLO Genius SQ 24) PoP 09/14/2026 – 09/13/2027 Location of Equipment - JFK New York Satellite Laboratory

/ FDA

250 North Boundary Road Bldg. 250 Jamaica, NY. 11430

Months

002 722100187

Maintenance for Nitrogen Generators (NG3000A) PoP 09/14/2026 – 09/13/2027 Location of Equipment – Miami Satellite Laboratory / FDA 11698 NW 25th Street Suite 106 Miami, FL. 33172

003 724070197

Maintenance for Nitrogen Generators (SLO HoriZen 24) PoP 09/14/2026 – 09/13/2027 Location of Equipment - Los Angeles LAX Satellite Laboratory / FDA 20700 Denker Ave, Suite B Torrance, CA. 90501

004 724070337

PoP 09/14/2026 – 09/13/2027 Location of Equipment - Chicago Satellite Laboratory / FDA 11600 W. Irving Park Rd. Chicago, IL. 60666

005 724090345

PoP 09/14/2026 – 09/13/2027 Location of Equipment - Honolulu Satellite Laboratory /

FDA

3375 Koapaka St. Suite B282 2nd Floor Honolulu, HI. 96819

Option Year 1: 09/14/2027 – 09/13/2028

Item No

Serial No Description Qty Unit Unit Price Price

001 724070197

Maintenance for Nitrogen Generators (SLO HoriZen 24) PoP 09/14/2027 – 09/13/2028 Location of Equipment - Los Angeles LAX Satellite Laboratory / FDA 20700 Denker Ave, Suite B Torrance, CA. 90501

002 724070337

PoP 09/14/2027 – 09/13/2028 Location of Equipment - Chicago Satellite Laboratory / FDA 11600 W. Irving Park Rd. Chicago, IL. 60666

003 724090345

PoP 09/14/2027 – 09/13/2028 Location of Equipment - Honolulu Satellite Laboratory /

FDA

3375 Koapaka St. Suite B282 2nd Floor Honolulu, HI. 96819

004 723050599

Maintenance for Nitrogen Generators (SLO Genius SQ 24) PoP 09/14/2027 – 09/13/2028 Location of Equipment - New York JFK Satellite Laboratory

/ FDA

250 North Boundary Road Bldg. 250 Jamaica, NY. 11430

005 722100187

Maintenance for Nitrogen Generators (NG3000A) PoP 09/14/2027 – 09/13/2028 Location of Equipment - Miami Satellite Laboratory / FDA 11698 NW 25th Street Suite 106 Miami, FL. 33172

Option Year 2: 09/14/2028 – 09/13/2029

No

Serial No Description Qty Unit Unit Price Price

001 724070197

Maintenance for Nitrogen Generators (SLO HoriZen 24) PoP 09/14/2028 – 09/13/2029 Location of Equipment - Los Angeles LAX Satellite Laboratory / FDA 20700 Denker Ave, Suite B Torrance, CA. 90501

PoP 09/14/2028 – 09/13/2029 Location of Equipment - Chicago Satellite Laboratory / FDA 11600 W. Irving Park Rd. Chicago, IL. 60666

PoP 09/14/2028 – 09/13/2029 Location of Equipment - Honolulu Satellite Laboratory /

FDA

3375 Koapaka St. Suite B282 2nd Floor Honolulu, HI. 96819

PoP 09/14/2028 – 09/13/2029 Location of Equipment - New York JFK Satellite Laboratory

/ FDA

250 North Boundary Road Bldg. 250 Jamaica, NY. 11430

Option Year 3: 09/14/2029 – 09/13/2030

No

Serial Description Qty Unit Unit Price Price

001 724070197

Maintenance for Nitrogen Generators (SLO HoriZen 24) PoP 09/14/2029 – 09/13/2030 Location of Equipment - Los Angeles LAX Satellite Laboratory / FDA 20700 Denker Ave, Suite B Torrance, CA. 90501

PoP 09/14/2029 – 09/13/2030 Location of Equipment - Chicago Satellite Laboratory / FDA 11600 W. Irving Park Rd. Chicago, IL. 60666

PoP 09/14/2029 – 09/13/2030 Location of Equipment - Honolulu Satellite Laboratory /

FDA

3375 Koapaka St. Suite B282 2nd Floor Honolulu, HI. 96819

PoP 09/14/2029 – 09/13/2030 Location of Equipment - New York JFK Satellite Laboratory

/ FDA

250 North Boundary Road Bldg. 250 Jamaica, NY. 11430

Option Year 4: 09/14/2030 – 9/13/2031

No

Serial Description Qty Unit Unit Price Price

001 724070197

Maintenance for Nitrogen Generators (SLO HoriZen 24) PoP 09/14/2030 – 09/13/2031 Location of Equipment - Los Angeles LAX Satellite Laboratory / FDA 20700 Denker Ave, Suite B Torrance, CA. 90501

PoP 09/14/2030 – 09/13/2031 Location of Equipment - Chicago Satellite Laboratory / FDA 11600 W. Irving Park Rd. Chicago, IL. 60666

PoP 09/14/2030 – 09/13/2031 Location of Equipment - Honolulu Satellite Laboratory /

FDA

3375 Koapaka St. Suite B282 2nd Floor Honolulu, HI. 96819

4. REQUIREMENTS AND DELIVERABLES

MINIMUM SALIENT CHARACTERISTICS

Equivalent requirements that differ from these minimum requirements shall be justified by the proposing vendor and evaluated by the NFCC prior to purchase. Minimum requirements are as follows:

General

• 1 or 2 (depending on model of generator) on-site Preventative Maintenance visits per year by a Peak engineer

• All maintenance parts, labor and engineer travel charges – Full function check – component retrofits carried out when applicable

• Compressor Repair/ Replacement included when required

• Breakdown/repair service with priority on site Engineer availability that includes all breakdown/repair parts, labor, and engineer travel charges

• Guaranteed on-site response time of 48 hours

• Online technical support

RECORDS AND REPORTS

The contractor shall, commensurate with the completion of each service call (inclusive of warranty service), provide the end-user of the equipment with a copy of a field service report/ticket identifying the equipment name, manufacturer, model number, and serial number of the equipment being serviced/repaired and detailing the reason for the service call, a detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for information purposes, the on-site hours expended and parts/components replaced. In addition, the Contractor shall provide monthly reports to the FDA COR and/or COR designee, no later than the fifth workday following the end of each month, summarizing all maintenance and repair activities (including warranty work) for the previous month (during months that work is performed).

DELIVERABLES

Deliverables Quantity Delivery Date

Service Agreement for Serial No.

723050599 1 Service Starts: 09/14/2026

Service Agreement for Serial No.

724070197 1 Service Starts: 12/18/2026

Service Agreement for Serial No.

724090345 1 Service Starts: 04/29/2027

Service Agreement for Serial No.

724070337 1 Service start: 03/24/2027

Service Agreement for Serial No.

722100187 1 Service start: 09/14/2026

Preventative Maintenance Visits 1 or 2 per unit Depending on service agreement schedule

Field Service As needed Depending on when service is completed

5. Contract Type This is a firm fixed price contract.

6. Period of Performance The anticipated period of performance for this order will consist of the following:

Period of Performance Date

Base Year 09/14/2026 – 09/13/2027

Option Year 1 09/14/2027 – 09/13/2028

Option Year 2 09/14/2028 – 09/13/2029

Option Year 3 09/14/2029 – 09/13/2030

Option Year 4 09/14/2030 – 09/13/2031

7. Place of Performance

All nitrogen generators requiring service are located at the following locations:

1) Serial No. 722100187 Miami Satellite Laboratory / Food and Drug Administration 11698 NW 25th Street Suite 106 Miami, FL. 33172 POC: (To be entered at time of award)

2) Serial No. 723050599 New York JFK Satellite Laboratory / Food and Drug Administration 250 North Boundary Road Bldg. 250 Jamaica, NY. 11430 POC: (To be entered at time of award)

3) Serial No. 724070197 Los Angeles LAX Satellite Laboratory / Food and Drug Administration 20700 Denker Ave, Suite B Torrance, CA. 90501 POC: (To be entered at time of award)

4) Serial No. 724090345 Honolulu Satellite Laboratory / Food and Drug Administration 3375 Koapaka St. Suite B282 2nd Floor Honolulu, HI. 96819 POC: (To be entered at time of award)

5) Serial No. 724070337 Chicago Satellite Laboratory / Food and Drug Administration 11600 W. Irving Park Rd. Chicago, IL. 60666 POC: (To be entered at time of award)

8. Government Point of Contact Contracting Officer (CO):

(To be entered at time of award)

Contract Specialist (CS):

Terina Hicks Terina.Hicks@fda.hhs.gov

Contracting Officer’s Representative (COR):

(To be entered at time of award)

9. Contracting Officer Authority The Contracting Officer (CO) 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 RFQ;

(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. No statement, whether oral or written, by anyone other than the Contracting Officer, shall be interpreted as modifying the terms and conditions of this award. It is the Contractor’s responsibility to contact the CO immediately if there is even the appearance of any technical direction that is or may be outside the scope of the award. The Government mailto:Terina.Hicks@fda.hhs.gov will not reimburse the Contractor for any work not authorized by the Contracting Officer, including work outside the scope of the award.

The Contracting Officer’s Representative (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 contract 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.

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

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

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

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

(b) Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial items contracts. The IPP website address is:

https://www.ipp.gov .

(c) 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.

(1) Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov . or phone

(866) 973-3131. 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.

(2) 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.

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

(4) If the Contractors 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.

http://www.ipp.gov/vendors/index.htm https://www.ipp.gov/ mailto:ipp.noreply@mail.eroc.twai.gov mailto:IPPCustomerSupport@fiscal.treasury.gov

(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.

(1) At a minimum the following cost information shall be included, in addition to supporting documentation to substantiate costs incurred.

- Direct Labor-include all persons, listing the person's name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category;

- Indirect Costs (i.e., Fringe Benefits, Overhead, General and Administrative, Other Indirect)-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 FAR52.216-8 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:

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

- invoice number, amount, & date submitted

- corresponding payment amount &date received

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

- 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.

(End of Clause)

11. Payment Terms Payment terms Net 30 days after government acceptance of the supply item / service. Payments shall not be made more frequently than monthly in arrears. Advance payments will not be made.

12. Inspection and Acceptance Criteria Inspection and acceptance will be at destination in accordance with FAR clause 52.212-4(a). In accordance with FAR 52.212-4(a), the Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

The COR will perform inspection and acceptance of all products and services. The performance criteria for these products shall be timely delivery and closure of all activities and deliverables listed above and within the established Period of Performance.

Inspection and acceptance will occur at the place of delivery. Inspection will include verifying all parts were received and warranties and services are in place. The Government will accept goods and services mailto:ERIC@fda.hhs.gov only if they conform to all terms and conditions of this order. The Government will provide written notification of acceptance or rejection within ten (10) business days of receiving the delivery.

The Government will reject non-conforming products and services. The Contractor shall correct any deficiencies within thirty (30) days of when the Government issues the rejection notice. If the Contractor cannot correct the deficiencies within this time frame, the Contractor shall immediately notify the COR or technical POC of the reason for the delay and provide a proposed corrective action plan within ten (10) business days.

All quoter’s shall be Authorized reseller and/or servicing agent shall identify and/or provide documentation to confirm their claim as an authorized reseller and/or servicing agent. The Quoter shall notify the Contract Specialist immediately if this requirement is registered by a reseller with the Original Equipment Manufacturer (OEM).

All Offerors quote shall clearly state license number, product description, quantity, price, and period of performance for each product. The quotation shall include and match license number, product description, quantity, and period of performance. Offerors are advised that should their quotation conflict with or does not clearly reflect the specified product and requirement of this solicitation, their quotation may be deemed as technically unacceptable and may not be considered for award.

Price: Provide a detailed quote for each item/component proposed in Sections 3 and 4. Discounts are highly encouraged.

The offeror or applicant shall submit all electronic documents for Microsoft Office suite products without the use of macros. If the offeror or applicant submits documents that contain macros the Government will not be able to view or open such documents and the submission will be considered non-responsive to the solicitation. No additional time will be given to an offeror or applicant to correct the document submission and the Government will not inform the offeror or applicant that their submission is non-responsive prior to award. It is the offerors or applicant’s responsibility to ensure all electronic documents are submitted without the use of macros.

13. Order of Precedence The Contractor shall follow the terms and conditions of this contract. Should the Contractor include any additional terms and conditions resulting in conflicts between this document and the Contractor’s document, the Order of Precedence shall be as specified in FAR Clause 52.212-4. The Contractor shall not auto-renew any subscriptions, licenses, maintenances, and services not authorized under this contract.

Any auto-renewals are at the risk of the Contractor, and the Government will not reimburse the Contractor.

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

14. Government Furnished Equipment and Information Vendor shall not require access to Government equipment except the ones that are being serviced. No Government laptop, printer or telephone will be needed to do the work except the desktop computers that run the equipment to assess whether the equipment operates normally.

Vendor shall not require access to Sensitive Information, CDRH systems or databases or Personally Identifiable Information. This acquisition is not subject to the Privacy Act. The contractor shall not require any access to sensitive information, no data collected on the instrument will use online data storage, and the system shall not use any cloud services.

15. FAR/HHSAR Clauses and Provisions FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This purchase order 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 following FAR and HHSAR provisions and clauses, incorporated by reference, apply to this acquisition and can be obtained in full text at: https://www.acquisition.gov/far/ and http://www.hhs.gov/grants/contracts/contract-policies- regulations/hhsar/index.html

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) This order incorporates one or more HHSAR clauses by reference, with the same force and effect as if they were given in full text. The full text of the HHSAR clauses may be accessed electronically at this address:

http://www.hhs.gov/grants/contracts/contract-policies- regulations/hhsar/index.html.

FAR Clauses:

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

2017) 52.204-13 System for Award Management - Maintenance (APR 2026) (Deviation) 52.212-4 Terms and Conditions—Commercial Products and Commercial Services (APR 2026)

(Deviation) 52.232-18 Availability of Funds (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

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 any time prior to contract expiration.

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 any time prior to contract expiration.

(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 3 years. (End of Clause)

This contract incorporates one or more HHSAR clauses by reference, with the same force and effect as if they were given in full text. The full text of the HHSAR clauses may be accessed electronically at this address: https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/index.html

HHSAR Clauses:

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

HHSAR 352.203-70 Anti-Lobbying (JUN 2026) (Deviation) Pursuant to the HHS annual appropriations acts, except for normal and recognized executive-legislative relationships, the Contractor must not use any HHS contract funds for:

(a) Publicity or propaganda purposes;

(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself; or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself; or

(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local, or tribal government in policymaking and administrative processes within the executive branch of that government.

(d) The prohibitions in paragraphs (a), (b), and (c) of this clause include any activity to advocate or promote any proposed, pending, or future federal, state, or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control. (End of clause)

HHSAR 352.224-71 Confidential Information (FEB 2024) (Deviation)

(a) Definition. As used in this clause— Confidential information means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(b) Identification of information. Specific confidential information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, is identified in this contract.

(c) Disclosure. The Contractor shall not disclose confidential information or records until written notice is provided to the Contracting Officer at least 45 days in advance of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency. The Contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.

(d) Government furnished or provided information: For information provided by or on behalf of the government— https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/index.html https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/index.html

(1) The publication or dissemination of the following types of information are restricted under this contract: All data and analysis of FDA food supply chain activities within the system.

(2) The reason(s) for restricting the types of information identified in subparagraph (d)(1) is/are:

Manufacturer data is commercial confidential data. Retail sales data is subject to review and clearance through each retail sales data company. All other data and analyses are for government use only, the analyses are pre-decisional intended to inform govt policy decisions and are not subject to FOIA or public release.

(e) The Contractor shall consult with the Contracting Officer when there is uncertainty with regard to the confidentiality of, or a property interest in, information under this contract prior to the release, disclosure, dissemination, or publication of such information. (End of clause)

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

352.237-75 Key Personnel (DEC 2015) 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. (End of clause)

HHSAR 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 http://www.ipp.gov/

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/accessibilitychecklists/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 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/ and http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html https://www.access-board.gov/ict/ https://www.hhs.gov/web/section-508/index.html https://www.hhs.gov/web/section-508/accessibilitychecklists/index.html https://www.hhs.gov/web/section-508/accessibilitychecklists/index.html https://www.itic.org/policy/accessibility/vpat https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat https://www.acquisition.gov/far/ http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

FAR Provisions:

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 (Apr 2026) (Deviation)

The below Health and Human Services Acquisition Regulation (HHSAR) provision apply. HHSAR Provisions can be viewed in full text at: http://www.hhs.gov/policies/hhsar/subpart352.html#subpart352.1-

InstructionsforUsingProvisionsandClauses

HHSAR Provision:

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

(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/accessibilitychecklists/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, 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.

http://www.hhs.gov/policies/hhsar/subpart352.html#subpart352.1-InstructionsforUsingProvisionsandClauses http://www.hhs.gov/policies/hhsar/subpart352.html#subpart352.1-InstructionsforUsingProvisionsandClauses https://www.hhs.gov/web/section-508/index.html https://www.hhs.gov/web/section-508/accessibilitychecklists/index.html https://www.hhs.gov/web/section-508/accessibilitychecklists/index.html https://www.itic.org/policy/accessibility/vpat https://section508.gov/

(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 Officer or Contracting Officer’s Representative. (End of provision)

16. Instruction to Quoters All questions in response to this solicitation shall be submitted on or before July 29, 2026, 1:00 PM Washington DC Local Time. All questions shall be submitted via email to Terina Hicks, Contract Specialist, terina.hicks@fda.hhs.gov .

All responsible sources may submit a quote, which if timely received, shall be considered. The quote shall reference solicitation number FDA-75F40126Q00320. The quotes are due by email to Terina Hicks, Contract Specialist, terina.hicks@fda.hhs.gov on or before August 5, 2026, 1:00 PM Washington DC Local Time.

The Vendor’s quote shall provide the following:

• Vendors shall submit the pricing information requested in Sections 3 and 4.

• The items and services shall be quoted as the brand name identified.

• The Vendors Unique Entity Identifier (UEI)

• Vendors shall submit all proposed commercial warranty terms and conditions for the items and services in Section 3 and 4. If accepted by the Government, these warranty terms and conditions may be incorporated as an attachment to the contract.

17. Evaluation The basis for award is Lowest Price Technically Acceptable (LPTA). The government intends to award this order without clarification or discussions with Vendors, so each Vendor is encouraged to submit its best and final quote. Additional Federal discounts are highly encouraged. 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 shall not obligate the Government to exercise the option(s).

The government will evaluate quotes for technical acceptability based on the requirements specified in this RFQ. Quotes not meeting the requirements of this RFQ will be rated as unacceptable.

The Government will verify the mathematical accuracy of the total price computation.

The Government will award based on the lowest evaluated price quote meeting the acceptability standards for items and services identified in Sections 3 and 4.

(End of the RFQ) http://508.hhs.gov/ mailto:terina.hicks@fda.hhs.gov mailto:terina.hicks@fda.hhs.gov