Sol 75N99025R00007.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

ORF

See Schedule

CODE 16. ADMINISTERED BYCODE

X

X

811210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORORF

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/22/2025 1200 ED

08/01/2025

+1 984 287 4386ANDREW GATHOGO

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75N99025R00007

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 52 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Bethesda, MD 20892-5711 9000 Rockville Pike Building 13, Room 2E-47 OD - Office of Research Facilities

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

National Institutes of Health

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

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UNIT PRICE

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UNIT

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QUANTITY

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

ADMINISTERED BY:

Andrew Gathogo National Institutes of Health OD - Office of Research Facilities 111 T. W. Alexander Drive Research Triangle Park Durham NC 27709

RFP - Central Utility Plant ABB Symphony Plus Control System Support Services at National

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

ANDREW O. GATHOGO

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

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SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Institute of Environmental Health Sciences

(NIEHS) at Research Triangle Park (RTP), NC.

Period of Performance: 09/30/2025 to 09/29/2026

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

52 2 of

SECTION A - Solicitation/Contract Form

SECTION B - Supplies or Services/Prices

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

Central Utility Plant (CUP) ABB Symphony Plus System Support Services at National Institute of Environmental Health Sciences (NIEHS) at Research Triangle Park (RTP), NC. Contractor shall provide comprehensive, original equipment manufacturer (OEM) engineering, software, and onsite technical support services for the ABB Symphony Plus Distributed Control System (DCS) at the Central Utility Plant.

ARTICLE B.2. PRICES/COSTS

Base Year September 30, 2025 - September 29, 2026

Item Supplies/Services (See section C-scope) Amount

Task 1. Resident Technician Services $

Task 2. ABB Service Agreement $

Task 3. OEM Parts & Repairs (to be funded as needed-no pricing needed at this time)

N/A

GRAND TOTAL:

Option Yr1 September 30, 2026 - September 29, 2027

Item Supplies/Services Amount

Option Yr2 September 30, 2027 - September 29, 2028

Item Supplies/Services Amount

Option Yr3 September 30, 2028 - September 29, 2029

Item Supplies/Services Amount

SECTION C - Description/Specifications

INTRODUCTION

This contract provides comprehensive, original equipment manufacturer (OEM) engineering, software, and onsite technical support services for the ABB Symphony Plus Distributed Control System (DCS) at the

Option Yr4 September 30, 2029 - September 29, 2030

Item Supplies/Services Amount

6 months Option September 30, 2030 - March 29, 2031

Item Supplies/Services Amount

Central Utility Plant (CUP) on the RTP NIH campus.

BACKGROUND

The CUP (building 105) produces and distributes high-temperature hot water (HTHW) and chilled water to more than 2 million square feet of facilities on the RTP campus. These facilities are comprised of office space, research laboratories, and animal vivarium areas, supporting both the National Institute of Environmental Health Sciences (NIEHS) and the U.S. Environmental Protection Agency (EPA).

CUP equipment is monitored and controlled 24/7 through an ABB Symphony Plus control system. This DCS exclusively serves the CUP and is made up of local/remote cabinets that funnel equipment conditions and parameters to a centralized control cabinet in the plants control room. Operator HMI terminals are in several locations to allow for operator control input.

OBJECTIVE

The objective of this contract is to ensure the continuous, secure, and efficient operation of the DCS through a combination of OEM software maintenance, OEM patch management, remote technical support, access to ABB¿s monitoring tools and knowledgebase, and discounted access to OEM hardware, software, and training.

In addition, the contract provides a dedicated, OEM-certified technician on-site to maintain system components and network infrastructure, as well as to perform logic programming and configuration updates to support plant operations and evolving control requirements.

The overarching goal is to ensure uninterrupted utility service for mission-critical research functions while enhancing system reliability, performance, and security.

SCOPE OF WORK

The Contractor shall provide the following base and optional support services related to the operation, maintenance and programming of the ABB Symphony Plus control system.

a) Resident Technician Services (Separately Priced)

· Provide full time on-site ABB Resident Field Service technician for maintenance, upgrades, training, and configuration (logic and graphics) tasks. Technician shall, at a minimum, have 5 years¿ experience working with the current Symphony Plus revision. Technician shall also be trained in network maintenance, repair, and configuration and have following network certifications COMTIA A+, Network +, Security +.

· On-site Technician shall maintain up-to-date logic configurations and drawings with hardcopy delivery by end of each contract year.

· Perform monthly system backups of both ABB logic and computer systems.

· Contractor to provide backfill coverage when assigned technician is offsite or in training.

· Contractor is responsible for training the resident technician on supported ABB systems and maintaining certifications.

b) ABB Service Agreement (Firm Fixed Price) I. Software Maintenance and Support

· Provide ABB Automation Sentinel, Maintain+ level software maintenance including error corrections, performance enhancements, and compatibility updates.

· Deliver validated Microsoft security patches and documentation monthly.

· Provide ongoing subscription and access to my-ABB/My Control System portal for license tracking, system health, cybersecurity downloads, and real-time updates.

· Provide 15 system users plus 1 administrator with tracking and case management via ABB's portal.

II. Hardware, Software, and Training Discounts

· Provide a minimum of 10% discount on ABB Symphony Plus software and related components.

· Provide a minimum of 25% discount on ABB Harmony Rack hardware.

· Provide a minimum of 10% discount on DIN and System 800xA components.

· Provide a minimum of 10% discount on ABB Refurbished/repair parts.

· Provide a minimum of 10% discount on ABB University in-center and online classes during the agreement period.

c) OEM Control System Parts and Projects (Separately Priced)

· DCS parts and project support for equipment upgrades, replacement, and repair. Not to exceed

$100,000 per option period. Funds will be loaded onto the CLIN as needed by the Government.

PERFORMANCE REQUIREMENTS

Task Performance Standard Acceptable Quality Level (AQL) Method of Surveillance

Continuous access to ABB portal 100% access during contract Government verification Automation Sentinel 100% compliance Government verificationABB Service

Agreement Para 5.1 Timely receipt and application of ABB software updates Updates delivered within 30 days of release Periodic Inspection

Submit a service report of scheduled, completed, and outstanding tasks/work orders monthly

90% compliance Monthly Review

Annual Usage Report 100% compliance Annual Review Tasks and Work Requests Completed 85% compliance Random Sampling Control System Computer maintenance and Patching 100% compliance Periodic Inspection

DCS logic maintenance. 100% compliance Periodic Inspection Onsite response to service requests within 4 business hours 95% on-time response Observation, Work Order Review

Resident Technician (if option exercised) Para 5.2

ABB OEM certification current 100% compliance Annual Review

GOVERNMENT FURNISHED PROPERTY AND SERVICES

The Government shall provide:

· Office space with standard amenities (desk, electricity, internet, phone, two-way radio).

· Restroom access, potable water, and break area.

· Access to Central Utility Plant Control systems.

· Escort and coordination as needed prior to security clearance processing.

CONTRACTOR FURNISHED ITEMS

The Contractor shall provide:

· All transportation, tools, test equipment, software tools, PPE, and ABB tooling required for support tasks.

· OEM ABB repair parts (within NTE limit if option is exercised)

· All labor necessary to meet the objectives defined in this PWS

SECURITY REQUIREMENTS

All Contractor personnel accessing the site shall:

· Possess a valid state-issued driver's licenses that is compliant with the U.S. Department of Homeland Security (DHS) REAL ID Act.

· Complete necessary documentation, to include fingerprinting and background investigation required to receive an HHS PIV Card.

· Wear identification badge (PIV) while on Government property.

· Contractor employees shall be subject to the NIEHS rules applying to conduct, use of roadways, obstruction of roadways and walkways, and observance of vehicle parking rules. Work shall be carried out in a manner that will not interfere with the normal functioning of the Institute as a whole.

· In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with this policy.

HOURS OF OPERATION

The Contractor shall perform onsite technician services Monday through Friday, exclusive of holidays observed by the Government (see below), between the hours of 7:30 a.m. and 4:00 p.m.

However, exceptions may be made by Contractor request or at the discretion of the Government Contracting Officer Representative. Work outside the normal schedule will also be required to support campus utility outages.

Government Holidays

New Year's Day Labor Day

Martin Luther King Jr. Birthday Columbus Day

President's Day Veteran's Day

Memorial Day Thanksgiving Day

Juneteenth Day Christmas Day

Independence Day

PLACE OF PERFORMANCE

All onsite work shall be performed at:

National Institutes of Environmental Health Sciences (NIEHS) Central Utility Plant (CUP), Building 105 111 T.W. Alexander Drive Durham, NC 27709

PERIOD OF PERFORMANCE

Base Award 9/30/2025 - 9/29/2026 Option Year 1 9/30/2026 - 9/29/2027 Option Year 2 9/30/2027 - 9/29/2028 Option Year 3 9/30/2028 - 9/29/2029 Option Year 4 9/30/2029 - 9/29/2030

GENERAL INFORMATION AND GUIDANCE

Personnel All personnel working on this contract shall be experienced, capable, and qualified to fulfill the duties to which they are assigned.

Contractors shall submit resumes of prospective candidates covered under this section during time of proposals, for Government approval prior to filling the supervisor position.

Safety The Contractor shall adhere to all Federal, State, County, and local safety rules and regulations covering all activities under this contract. All personal protective equipment shall be worn and/or in place at all times by persons actively working under this contract. All equipment and tools, safety devices, and guards must be in place and working while they are being used in the performance of this contract.

Inspection and Approval All services performed under this contract shall be subject to inspection and approval by the Government Contracting Officer Representative or the delegated alternate. Acceptance by the Government of the work prescribed under this contract is subject to the Contractor's performance being in full compliance with the terms and standards required throughout this contact. The Government will inspect the Contractor's work to determine its acceptability as prescribed herein. Unacceptable work shall be corrected by the Contractor, at no additional expense to the Government, within 24 hours after discovery.

Key Personnel When key personnel have been identified, it has been determined that such named personnel are necessary for the successful performance of this contract. During the first ninety (90) days of performance, the Contractor shall make no substitution of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by the paragraph below. After the initial ninety (90) day period, the Contractor shall submit the information required by the following paragraph to the Contracting Officer at least 15 days prior to making any permanent substitution.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes and any additional information requested by the Contracting Officer. Proposed substitutes shall have substantially equal abilities and qualification to those of the persons being replaced. The Contracting Officer will notify the contractor within 15 calendar days after receipt of all required information of the decision on substitution. This article will be modified to reflect any approved changes of key personnel.

The following are considered key personnel and are always required throughout the contract period:

On-Site Resident Service Technician Written notification shall be submitted in advance of absences such as vacations, scheduled medical absences, training, or other required absences. Included in the notification will be the replacement person and duration of the absence. This position must always be manned with qualified personnel.

Work Performance Standards In the interest of defining the contract's minimal performance standards, the Contractor shall perform all services under this contract to the highest accepted industry practices. All Contractor efforts shall be directed toward full compliance with all phases of this scope of work to produce a well maintained and operating ABB Symphony Plus Control System.

Contracting Officer Representative Notification The Contractor shall notify the Contracting Officer Representative and the Contracting Officer immediately if he finds that he is unable to comply with any of the terms of this contract task.

Performance Exceptions At the convenience of the Government, some performance schedules may be altered. The Contracting Officer Representative will consult with the Contractor concerning such changes. The Contractor shall not be held responsible for altered schedules except caused through the fault and negligence on the part of the Contractor.

Labor Problems Contractor labor problems shall not be considered as legitimate reasons for the Contractor's failure to perform.

Damage To Property The Contractor shall be responsible for all damages to Government and private properties while accomplishing tasks listed in the Statement of Work. All repairs shall be made at no cost to the Government. All repairs shall be completed and approved by the Contracting Officer Representative before performance payment will be made.

SECTION D - Packaging and Marking

N/A

SECTION E - Inspection and Acceptance

52.246-1 Contractor Inspection Requirements. (APR 1984)

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

SECTION F - Deliveries or Performance

The period of performance of this contract shall be from 30 September 2025 through 29 September 2026.

ARTICLE F.1. PERIOD OF PERFORMANCE

- The base period of performance of this contract shall be from 30 September 2025 through 29 September 2026.

- If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:

ARTICLE F.2. DELIVERABLES SCHEDULE

Deliverable Frequency Recipient Due Date Monthly Service Report (showing scheduled, completed, and outstanding tasks/work)

Monthly COR Report Format for approval 2-weeks following award, then Monthly

ABB Software Update/patches Notifications As released COR Monthly

Technician OEM Certifications Annually COR Annual review Annual usage report Annually COR Within 30 days after award Invoices Monthly Per

Invoicing Instructions

Services (monthly; Parts (as ordered, but invoiced once a month)

SECTION G - Contract Administration Data

G.1.1. Contract Officer (CO)

The Contracting Officer for this contract is:

Name: Andrew Gathogo Phone Number: 984-287-4386 Email: Andrew.Gathogo@nih.gov

Only the Contracting Officer has authority to:

(1) Increase or decrease the contract amount through a written modification

(2) Direct or negotiate any changes

(3) Modify or extend the period of performance

(4) Change the schedule of completion

(5) Authorize payment under this contract

(6) Otherwise modify any terms or conditions of this contract

G.1.2 Contracting Officer's Representative (COR)/Project Officer (PO)

CLIN Performance Period Option Period 1 30 September 2026 - 29 September 2027 Option Period 2 30 September 2027 - 29 September 2028 Option Period 3 30 September 2028 - 29 September 2029 Option Period 4 30 September 2029 - 29 September 2030 mailto:Andrew.Gathogo@nih.gov

1. Contracting Officers shall appoint COR to provide technical oversight and administration of the contract. All contractual matters concerning the Contract shall remain under the authority of the Contracting Officer.

2. The Contracting Officer is the only person authorized to commit the Government to a contract action. Only Contracting Officers with appropriate warrant levels have the authority to modify the term and conditions of the contract.

The Contracting Officer's Technical Representative (COR)/Project officer (PO) for this contract is:

Name:

Benjamin Hocutt National Institutes of Health/ORF Phone Number: 919-287-4383 E-Mail: benjamin.hocutt@nih.gov

The COR/PO is responsible for:

(1) Monitoring the contractor's process including surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements:

(2) Interpreting scope of work

(3) Performing technical evaluation as required

(4) Performing technical inspections and acceptances required by this contract; and

(5) Assisting the contractor in resolution of technical problems encountered during performance.

G.1.3 IPP INVOICING PROCEDURES

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

I. Invoice Requirements A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats, or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be considered in the computation of any interest penalty owed the Contractor.

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

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

3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

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

6. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

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

8. Federal Taxpayer Identification Number (TIN). In those rare cases where a contractor mailto:E-Mail:%20mcmilla1@mail.nih.gov does not have a UEI number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor's name on the face page of the award document.

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

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

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

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

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

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

B. The Contractor shall submit invoices to the Department of Treasury's Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official, as directed below. Email submission must include ORFOAInvoice3Way@mail.nih.gov in distribution.

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

Approving Official: Contracting Officer Andrew Gathogo

Contracting Officer's Representative Benjamin Hocutt

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

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

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

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

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

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

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

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

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

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR

52.232-40 (November 2021)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

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

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

(End of Clause)

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

(a) Definitions. As used in this clause;

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

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

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

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

(End of Clause)

SECTION H - Special Contract Requirements

H.1 INSURANCE

a. The Contractor shall, at his own expense, procure and maintain, during the entire performance period of this contract, insurance of at least the kinds and amounts set forth below:

1. Worker's Compensation and Employer's Liability Contractors are required to comply with applicable Federal and State worker's compensation and occupational disease statutes. Employer's liability coverage of at least $100,000 shall be required except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

2. General Liability

Contractors are required to have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $2,000,000 per occurrence.

3. Automobile Liability

The Contractor is required to have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily CONTRACT Handbook 11/28/17190

b. At all times during performance, the Contractor shall maintain with the Contracting Officer a current Certificate of Insurance showing at least the insurance required by the Schedule and providing for thirty

(30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.

c. The Contractor shall also require all first-tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required by the Schedule during the entire period of their performance. The Contractor shall furnish (or assure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements of above for each such first-tier subcontractors, at least five (5) days prior to entry of each subcontractor's personnel on the Government installation.

d. Current certificates of insurance shall be furnished by the Contractor and first tier subcontractor(s) to the Contracting Officer before starting work under the contract.

H.2 SECURITY

GENERAL

a. The Contractor and all subcontractor's personnel will observe and adhere to all National Institutes of Health (NIH) security regulations and requirements when using or providing services on the NIH property.

The Contractor shall be responsible for subcontractor compliance and include specific provisions in all subcontracts that these regulations be accepted.

b. The Contractor shall be accountable for compliance with the provisions of this Section by all individuals and entities employed by or under contract to the Contractor.

H.3 SERVICE CONTRACT ACT WAGE DETERMINATION

Service Contract Act WD # 2015-4375 is applicable to this requirement - see attachment 3 for details.

SECTION I - Contract Clauses

32.905 Payment documentation and process.

52.204-7 System for Award Management. (NOV 2024)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)

52.217-5 Evaluation of Options. (JUL 1990)

52.217-8 Option To Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of clause)

52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

52.224-1 Privacy Act Notification. (APR 1984)

52.224-2 Privacy Act. (APR 1984)

52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

52.229-2 North Carolina State and Local Sales and Use Tax. (APR 1984)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-25 Prompt Payment. (JAN 2017)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)

52.245-1 Government Property. (SEP 2021)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021)

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

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are more important (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

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

(c) 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 or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision-

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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 eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C.

101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that-

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in…