RFQ_SAN_JUAN_8.16.pdf

1. Solicitation Number: FDA-RFQ-26-135225

2. Title: Liquid Nitrogen Supply

3. Classification Code: 66

4. NAICS Code: 325120

5. Posted Date: August 17, 2026

6. Quote Due Date: August 24, 2026 at 10:00 a.m. Eastern Time.

All quotes are due, electronically via email to Nina.Montgomery@fda.hhs.gov. Late submissions may not be evaluated.

The subject line shall read: FDA-RFQ-26-135225 Liquid Nitrogen Supply

7. Description: Consumable Gases and Related Products

NOTE: Please indicate company’s SAM.gov Unique Entity ID on the quote or in the email.

This acquisition is issued as a Request for Quote (RFQ).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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 written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through FAR FAC2026-01 3/31/2026. For purposes of this acquisition, the associated NAICS code is 325120. The RFQ is issued for full and open competition

Line Item Structure: The following is a contract line item number(s), quantities, and units of measure, (including option(s), if applicable):

Line Item 0001 – Base Year – Liquid Nitrogen Supply Line Item 0002 –Year 1– Liquid Nitrogen Supply Line Item 0003 – Year 2– Liquid Nitrogen Supply Line Item 0004- Year 3- Liquid Nitrogen Supply Line Item 0005- Year 4- Liquid Nitrogen Supply

PRICE SCHEDULE

Offerors shall provide firm-fixed pricing for each contract period. The Liquid Nitrogen unit price shall be quoted on a per-gallon basis. Bulk Storage Tank Rental shall be quoted as a monthly firm-fixed price. Delivery, telemetry, hazardous material, demurrage, and any other applicable fees shall be separately identified.

mailto:Nina.Montgomery@fda.hhs.gov

For evaluation purposes, the Government will calculate the estimated annual Liquid Nitrogen cost using 6,480 gallons per year and the Bulk Storage Tank Rental using 12 months per year.

The estimated quantities are for evaluation purposes only. The Government will pay for the actual quantity of Liquid Nitrogen delivered at the awarded firm-fixed price per gallon.

Background

Currently the San Juan Lab has a 1,500-gallon capacity Bulk Liquid Nitrogen Storage Tank Supply System with vaporization to maintain the continuous operation of four Mass Spectrometers and three FTIR instruments. This Bulk Storage System is being rented from a local vendor and was installed in 2015. Liquid Nitrogen use at the San Juan Laboratory is estimated at 540 gallons per month (6,480 gallons per year).

Objectives

The objective is to obtain uninterrupted Industrial Grade Liquid Nitrogen service and a Bulk Storage Tank supply system rental for the San Juan Laboratory. Nitrogen gas is an essential component to the functionality of the instruments and the continuous laboratory process. Reliable delivery of certified Liquid Nitrogen on a recurring, but as needed basis, throughout the year is essential to ensure timely accurate results from all analysis performed in the laboratory.

Scope

The Contractor shall supply the necessary personnel, labor, materials, supplies, equipment, transportation, labels, certification, and all other necessities for the delivery of Liquid Nitrogen and monitor/maintain a Contractor-provided Bulk Storage Tank for the San Juan Laboratory.

Requirements

• The Contractor shall monitor the tank volume, fill the tank when necessary, and provide a “Purity Specifications Test Report” to the San Juan Laboratory every time Liquid Nitrogen is delivered.

CLIN Contract Period

Est. LN Quantity

LN Price/ Gallon

Monthly Tank

Rental Annual Tank

Rental (12 Mos.)

Delivery Fee

Telemetry Fee

Hazmat Fee

Other Fees

Total Evaluated Price

0001 Base Year 6,480 gal. $________ $________ $________ $________ $________ $________ $________ $________ 0002 Option

Year 1 6,480 gal. $________ $________ $________ $________ $________ $________ $________ $________

0003 Option Year 2 6,480 gal. $________ $________ $________ $________ $________ $________ $________ $________

0004 Option Year 3 6,480 gal. $________ $________ $________ $________ $________ $________ $________ $________

0005 Option Year 4 6,480 gal. $________ $________ $________ $________ $________ $________ $________ $________

5-Year Total 32,400 gal. $________

• The Contractor shall continually evaluate and maintain the Bulk Storage Tank rental to ensure it is in proper working order.

• All work to be completed shall adhere to all local, city, county, Puerto Rico and OSHA, US, ANSI rules and regulations set forth by these agencies and organizations.

Deliverables or Delivery Schedule

• Liquid Nitrogen Delivery monthly or as needed. The Liquid Nitrogen use at the San Juan Laboratory is estimated at 540 gallons per month (6,480 gallons per year). The Contractor shall fill at the fixed price per gallon for the actual number of gallons used the prior month.

• Provide a Certificate of the Liquid Nitrogen Criteria at each delivery:

o Minimum Assay 99.998% o Oxygen < 10 ppm o Moisture < 10 ppm o Carbon Monoxide < 15 ppm

• The Contractor shall verify and certify that all connections are free of leaks before leaving the facility.

o The FDA representative shall accept the certification that the service is completed and free of leaks before the Contractor leaves the facility.

• The Contractor shall provide a printed Delivery Ticket with each delivery. The Delivery ticket shall include the following minimum information:

o Date and Time of Delivery o Total Cost including the FFP per gallon price for the liquid nitrogen, bulk tank storage system rental, delivery fee, telemetry fee, hazardous material and rental or demurrage fees.

o Total gallons delivered.

Place of Performance

Food and Drug Administration San Juan Laboratory 466 Fernandez Juncos Ave.

San Juan, PR 00901

Point of Contacts:

To be Identified at Time of Award

Period of Performance

Contract will have a Base Period of one (1) year plus four (4) option years. Dates are estimated and will become official once the contract is awarded:

Base Year 9/22/2026-9/21/2027

Option 1 9/22/2027-9/21/2028 Option 2 9/22/2028-9/21/2029 Option 3 9/22/2029-9/21/2030 Option 4 9/22/2030-9/21/2031

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, inclement weather, or similar Government-directed facility closings. The Contractor will not be expected to provide services on the following days:

New Year’s Day Labor Day.

Martin Luther King Jr’s Birthday (Observance day) Columbus Day President’s Day Veteran’s Day Memorial Day Juneteenth Day Thanksgiving Day Independence Day Christmas Day

CONTRACTING OFFICER AUTHORITY

The Contracting Officer (CO) is the sole person authorized to make or approve any changes in any of the requirements of this order and notwithstanding any provisions contained elsewhere in the order, the said authority remains solely with the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change shall be considered to have been made without authority and no adjustment will be made in the delivery order terms and conditions, including price. The CO shall be the only individual authorized to accept nonconforming work, waive any requirement of the order and modify any term or condition of the order. The CO is the only individual who can legally obligate Government funds. The Contracting Officer’s Representative (COR) or Project Officer is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the order price, terms, or conditions. The COR/Project Officer is responsible for the technical aspects of the project and serves as technical liaison with the contractor and is responsible for the final inspection and acceptance, and such other responsibilities as may be specified in the order.

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES - (DEVIATION-RF) (NOV 2025)

ADDENDUM FOR FAR 52.212-1 - INSTRUCTIONS TO OFFERORS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Submission of offers: The quoter shall submit all quotes and required supporting documents to the point(s) of contact listed below by the due date and time indicated in the solicitation. The Contractor is advised that all submissions and related materials become the property of the U.S.

Government and will not be returned. A Contractor’s quote, if accepted by the Government, will form binding parts of the contract that results from this solicitation. Therefore, care must be taken to properly address the requirements set forth in this RFQ. RFQ submissions shall be valid up to 90 days past submission. Quote pricing shall be submitted electronically via a PDF formatted official company itemized printout or as a Microsoft Excel spreadsheet- Pricing Table, for the proposed contract’s period of performance.

Quote Due Date & Time:

a) Quotes shall be submitted by August 24, 2026 at 10:00 A.M. EST. Quotes submitted after the due date and time shall be considered late and shall not be considered in the competitive evaluation unless alternative arrangements are coordinated with the CO prior to the submission deadline.

b) Quotes shall be submitted electronically via email. No zip files will be accepted. Facsimile offers will not be accepted. If an alternative submission location is needed, coordination with the CO must be established no later than two days prior to the submission date and time. Please submit your quotes to Nina Montgomery: nina.montgomery@fda.hhs.gov

*It is the quoter’s responsibility to verify that the Government has received their quote and all supporting documentation in accordance with the solicitation’s terms and conditions.

The Government will not be responsible for delays or failures of either the Contractor’s or the Government’s e-mail system.

Quote Content Organization:

Quotes submitted shall include the following documentation.

General Information and Price/Cost Schedule: The offeror shall submit pricing for all line items, including a total evaluated price for the proposed contract’s entire period of performance, as explicitly stated in the Price Schedule. This contract award will be Firm-Fixed-Price. The quoted prices shall include all costs necessary to meet the requirements of the solicitation, including liquid nitrogen, bulk storage tank rental, delivery, telemetry, hazardous material fees, demurrage/rental fees, taxes, and any other applicable charges. Please include the offeror’s UEI number associated with your SAM profile, email address, point of contact name and phone number, and small business status for this requirement’s NAICS code. The offeror shall acknowledge any amendments issued to this solicitation via email to the Contract Specialist.

FAR 52.212-2, EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (RFO-NOV 2025)

Addendum to FAR 52.212-2 – Evaluation – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION-RFO) (NOV 2025)

mailto:nina.montgomery@fda.hhs.gov

(a) The Government may award a contract resulting from this solicitation to the responsible offeror in the event your quote conforms to the solicitation and Statement of Work. The offer will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) Ability to fulfill the minimum requirements of the government as specified in this solicitation

(2) Price

Ability to fulfill the minimum requirements of the government is significantly more important than price when being evaluated.

Other than firm fixed-price offers will be evaluated as noncompliant, and therefore, not considered a viable price quotation. The price evaluation will document the reasonableness of the proposed total evaluated price for the apparent successful offeror.

The award will be made using simplified acquisition procedures. For this reason, the basis of the final award decision may be made to the offeror whose quote is determined to be the Lowest Price Technically Acceptable (LPTA) in accordance with (IAW) the requirements in the SOW.

Award will be made to the responsible offeror whose quote conforms to the solicitation requirements, is technically acceptable, and offers the lowest evaluated price.

A written notice of award or acceptance of an offer, mailed or otherwise 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 there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

FAR 52.212-4, Contract Terms and Conditions—Commercial Items (NOV 2025), applies to this acquisition with the addenda for INVOICING provided under HHSAR 352.232-71 Electronic Submission of Payment Requests (FEB 2022) and invoicing instructions section.

Addendum to FAR 52.212-4(g) - Invoice, Contract Terms and Conditions – Commercial Items (NOV 2023)

Invoicing Instructions

FDA Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Feb 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 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(g) 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.

d. 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.

e. 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.

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

I. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7003, a written request must be submitted to the CO to explain the circumstances that require the authorization of alternate payment procedures.

II. 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.

III. 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.

IV. 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.

https://www.ipp.gov/

V. 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.

VI. 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.

VII. 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.

CLAUSES AND PROVISIONS

FAR PROVISIONS and CLAUSES Incorporated by Reference (IBR)

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-7 System for Award Management-Registration (DEVIATION

RFO)

NOV 2025

52.204-13 System for Award Management-Maintenance (DEVIATION

RFO)

NOV 2025

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (DEVIATION RFO)

NOV 2025

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services (DEVIATION RFO)

NOV 2025

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services (DEVIATION RFO)

NOV 2025

52.222-3 Convict Labor (DEVIATION RFO) NOV 2025 52.222-52 Exemption from Application of the Service Contract Labor

Standards (DEVIATION RFO)

NOV 2025

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements

(DEVIATION RFO)

NOV 2025

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

MAY 2024

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

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award (DEVIATION RFO) NOV 2025 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

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

NOV 2025

52.240-91 Security Prohibitions and Exclusions (DEVIATION RFO) NOV 2025 52.244-6 Subcontracts for Commercial Products and Commercial

Services (DEVIATION RFO)

NOV 2025

52.247-34 F.O.B. Destination JAN 1991

FAR PROVISIONS and CLAUSES INCORPORATED by FULL TEXT

FAR 52.219-1 – SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION)

(NOV 2025)

(a) Definitions. As used in this provision-

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

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

( 13 CFR 126.103).

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

Small business concern—

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

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

Small disadvantaged business concern means a small business concern that-

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

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

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

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 325120.

(2) The small business size standard is $34 million.

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

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

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

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

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

(c) Representations.

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

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

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

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

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

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

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

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

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

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

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

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

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(DEVIATION RFO) (NOV 2025)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

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

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

(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

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

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

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

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs

(e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code 325120 assigned to contract number [CONTRACT NUMBER TO BE COMPLETED AT

AWARD].

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

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

(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.

[ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

(End of clause)

52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definition.

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

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

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

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

(End of clause)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12 https://www.acquisition.gov/hhsar

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

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

HHSAR CLAUSES/PROVISIONS

HHSAR 352.223-70 Safety and Health (DEC 2015)

a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency, Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.

(1) In addition, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:

(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories; and other applicable occupational health and safety standards issued by OSHA and included in 29 CFR part 1910. These regulations are available at https://www.osha.gov/.

(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.). The Contractor may obtain copies from the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:

(i) Biosafety in Microbiological and Biomedical Laboratories, CDC. This publication is available at http://www.cdc.gov/biosafety/publications/index.htm.

(ii) Prudent Practices for Safety in Laboratories (1995), National Research Council, National Academy Press, 500 Fifth Street NW., Lockbox 285, Washington, DC 20055 (ISBN 0-309-05229-7). This publication is available at http://www.nap.edu/catalog/4911/prudent-practices-in-the-laboratory-handling-anddisposal-of-chemicals.

(b) Further, the Contractor shall take or cause to be taken additional safety measures as the Contracting Officer, in conjunction with the Contracting Officer's Representative or other appropriate officials, determines to be reasonably necessary. If compliance with these additional safety measures result in an increase or decrease in the cost or time required for performance of any part of work under this contract, the Contracting Officer will make an equitable adjustment in accordance with the applicable “Changes” clause set forth in this contract.

(c) The Contractor shall maintain an accurate record of, and promptly report to the Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/hhsar by any Federal, State or local regulatory/enforcement agency. The report citing all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the Federal, State, or local regulatory/enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.

(d) If the Contractor fails or refuses to comply with the Federal, State or local regulatory/enforcement agency's directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the Federal, State, or local regulatory/enforcement agencies) has been taken and documented to the Contracting Officer. No part of the time lost due to any such stop work order shall form the basis for a request for extension or costs or damages by the Contractor.

(e) The Contractor shall insert the substance of this clause in each subcontract involving toxic substances, hazardous materials, or hazardous operations. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause.

(End of clause)

HHSAR 352.232-71 Electronic Submission of Payment Requests (FEB 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 CO 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 CO's written authorization with each payment request.

(END OF CLAUSE)

HHSAR 352.239-78 Information and Communication Technology Accessibility Notice

(DEVIATION) (FEB 2024)

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

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

Checklists and ACRs evaluate—in detail—whether the ICT conforms to specific Section 508 accessibility standards and identifies remediation efforts needed to address conformance issues.

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

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

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

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

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

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

(End of provision)

HHSAR 352.239-79 Information and Communication Technology Accessibility

(DEVIATION) (FEB 2024)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all information and communication technology (ICT) supplies, products, platforms, information, documentation, and services support developed, acquired, maintained or delivered under this contract or order must comply with the Revised 508

Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and C, and are available at https://www.access-board.gov/ict/. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.

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

(c) In the event of a modification(s) to this contract or order, which adds new ICT supplies or services or revises the type of, or specifications for, supplies, products, platforms, information, documentation, or services support, the Contracting Officer shall require that the Contractor submit a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(d) If this is an Indefinite-Delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies, products, platforms, information, documentation, or services support will define the specifications and accessibility standards for the order.