SOL_RFQ (75F40125Q00204) UpToDate Subscription Renewal.pdf

COMBINED SYNOPSIS/SOLICITATION FOR UpToDate Subscription Renewal

SOLICITATION NUMBER: 75F40125Q00204

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i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in 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.

This procurement is being conducted under simplified acquisitions procedures in accordance with FAR Parts 12 in conjunction with Part 13.

ii. The solicitation number is 75F40125Q00204. This requirement is issued as a request for quotation (RFQ)

The solicitation is issued as a total small business set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. Quoters must have an active SBA certification for SDVOSB.

iii. The solicitation documented and incorporated provisions and clauses in effect through the Federal Acquisition Circular (FAC) FAC-2025-03, Effective 01/17/2025.

iv. The associated North American Industry Classification System (NAICS) Code is 513210 Software Publishers with a small business size standard of $47 million.

v. The US Food & Drug Administration (FDA) intends to issue a Commercial Item Firm Fixed-Price purchase order that meets the requirements herein. This is a BRAND NAME solicitation.

A list of line item number(s) and items, quantities, and units of measure are provided in the schedule below and can also be found in sections vi and vii of the solicitation.

LINE

ITEM #

PERIOD DESCRIPTION USERS PERIOD OF PERFORMANCE

1 Reinstatement Fee Subscription Reinstatement Fee n/a 05/01/2025 – 05/15/2025

2 Base Year UpToDate Subscription Unlimited 05/16/2025 – 04/30/2026

3 Option Year 1 UpToDate Subscription Unlimited 05/01/2026 – 04/30/2027

4 Option Year 2 UpToDate Subscription Unlimited 05/01/2027 – 04/30/2028

5 Option Year 3 UpToDate Subscription Unlimited 05/01/2028 – 04/30/2029

vi. Description of Requirement and vii. Order Administration Information

1. BACKGROUND

This is a follow-on action which was originally procured in response to COVID related requests for access to an evidence-based point of care decision resource tool for pre and post market work on medical counter measures, therapies, and vaccines and research. In addition to direct COVID related needs, FDA staff, like Medical Officer’s (MO’s), review an unlimited amount of data to answer safety concerns.

When an adverse event is received, FDA staff need access to knowledge provided by expert medical specialists featuring depth and breadth of content that is peer reviewed.

Typically, FDA staff need to obtain background rates of disease in multiple populations, risk factors for disease occurrence, and classification schemes for syndromes, diagnostic options, and latest treatments.

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This information forms the basis for the foundation of the interpretation of adverse events, and it is constantly changing as the volume of medical information increases exponentially.

UpToDate, an online resource, brings all this information together in a rapidly accessible and integrated format. The subscription allows FDA staff to log on to UpToDate 24/7 to look up and verify information.

Mobile app access is also available. The subscription service uses topic reviews that are referenced back to the original journal articles, which are written by physicians renowned in their specialty and peer reviewed by other physicians. The service is designed to assist medical professionals in their day-to-day practices.

Currently, several Centers at FDA have various subscriptions to UpToDate, all based on individual user accounts at varying costs.

2. OBJECTIVE

The objective of this acquisition is to procure BRAND NAME UpToDate unlimited subscriptions – an online evidence-based clinical decision support resource for all of FDA, consolidating all of the subscriptions into one, managed by the FDA Library, and at a flat rate for unlimited access.

3. REQUIREMENTS

The UpToDate subscriptions must provide the following technical capabilities:

▪ Clinical knowledge resource with scientific studies published in high-quality peer-reviewed journals demonstrating an impact on patient safety, reduced hospital complications, improved hospital efficiency, and improved medical knowledge acquisition.

▪ Accessible anytime from any Internet browser on a desktop or laptop computer, tablet, or mobile device with a personal username and password.

▪ The database shall have at least 11,000 clinical topics in twenty-five (25) or more specialties that are evidence-based and are updated using comprehensive review of peer-reviewed journals, clinical databases, and other resources whenever important new information is published and or as new evidence becomes available. The need for access to a wide variety of clinical topics is crucial to FDA Staffs’ decision making and learning.

▪ Subscription shall provide graded recommendations that include the latest evidence and clinical experiences of leading physician authors and editors (i.e., strong (Grade 1) or weak (Grade 2) according to the balance between benefits, risk, burden, and costs, and the degree of confidence in estimates of benefits, risks, and burden).

▪ The application shall allow the clinician to search and navigate in multiple languages.

▪ The application shall have a feedback feature that will allow subscribers to submit questions and comments/suggestions to the editors.

▪ The application shall have medical calculators that will allow subscribers to enter the values in commonly used formulas to obtain numerical data (i.e., calculators to estimate the severity of a condition based upon the presence or absence of major risk factors).

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▪ The subscription shall present the subscribers with synthesized content; one-stop shopping for a clear and concise answer. The application shall not offer an aggregation of many information resources such as textbooks or journal articles; leaving the subscribers to choose among them.

▪ The application shall have Infographics search feature that allows subscribers to search a library of high-quality graphics (i.e., pictures, tables, illustrations, graphs, videos, and diagrams).

▪ The subscription shall provide access to a fully integrated drug references/database that provides more in-depth analysis of drug-drug, drug-herb, and herb-herb interactions, drug adverse effects, warnings, and precautions, and current FDA Special Alerts and major Health Canada safety communications.

▪ Shall be accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

▪ Shall be able to provide FDA Staff subscribers with CME/CE/CPD credits using the time spent researching clinical questions with the application toward continuing professional development requirements at no extra cost and/or additional testing.

▪ Shall be able to provide FDA Library the ability to be able to manage access rights for their group of users. Subscription shall include an online console where a subscriber manager can activate and deactivate individual users for access.

▪ FDA Library should also have access to usage and utilization reports showing the aggregate use, along with the last login date for each user.

• Ability to link-out to FDA Library subscribed journal subscriptions via a link resolver.

4. INSPECTION/ACCEPTANCE CRITERIA

Inspection and acceptance shall be in accordance with the base clause 52.212-4(a). The appointed [technical point of contact (TPOC)/contracting officer’s representative] is responsible for the inspection and acceptance of the deliverables for this requirement.

5. CONTRACT TYPE

This is firm fixed price purchase order.

6. PERIOD OF PERFORMANCE AND DELIVERABLES

The period of performance (POP) is for a base year with three (3) option years; along with a reinstatement fee.

The contractor shall deliver all items no later than the first day of the period of performance. The contractor shall coordinate the delivery of the subscriptions to the appointed TPOC/COR.

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The schedule is as follows:

LINE

ITEM #

PERIOD DESCRIPTION USERS PERIOD OF PERFORMANCE

1 Reinstatement Fee Subscription Reinstatement Fee n/a 05/01/2025 – 05/15/2025

2 Base Year UpToDate Subscription Unlimited 05/16/2025 – 04/30/2026

3 Option Year 1 UpToDate Subscription Unlimited 05/01/2026 – 04/30/2027

4 Option Year 2 UpToDate Subscription Unlimited 05/01/2027 – 04/30/2028

5 Option Year 3 UpToDate Subscription Unlimited 05/01/2028 – 04/30/2029

7. PLACE OF DELIVERY AND PERFORMANCE

The subscriptions will be utilized at various FDA locations. The delivery shall of the subscriptions shall be coordinated with the TPOC/COR.

8. 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.

9. INVOICING INSTRUCTIONS

Instructions for invoicing are indicated below.

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

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

Department of Treasury's Invoice Processing Platform System (IPP). http://www.ipp.gov/vendors/index.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 Contract Terms and Conditions - Commercial Items http://www.ipp.gov/vendors/index.htm

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i. 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.

ii. 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.

iii. 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.

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

v. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

d. Invoices that include time and materials or labor hours Line Items must include supporting documentation to (1) substantiate the number of labor hours invoiced for each labor category, and (2) substantiate material costs incurred (when applicable).

e. Invoices that include cost-reimbursement Line Items must be submitted in a format showing expenditures for that month, as well as contract cumulative amounts. At a minimum the following cost information shall be included, in addition to supporting documentation to substantiate costs incurred.

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

• Indirect Costs (i.e., Fringe Benefits, Overhead, General and Administrative, Other Indirects)-show rate, base and total amount;

• Consultants (if applicable) - include the name, number of days or hours worked, daily or hourly rate, and a total amount per consultant;

• Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation shown separately and the per diem costs. Other travel costs shall also be listed;

• Subcontractors (if applicable) - include, for each subcontractor, the same data as required for the prime Contractor;

• Other Direct Costs - include a listing of all other direct charges to the contract, i.e., office supplies, telephone, duplication, postage; and

• Fee - amount as allowable in accordance with the Schedule and FAR 52.216-8 if applicable.

f. Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

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

https://www.ipp.gov/

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(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.

g. Payment of invoices will be made based upon acceptance by the Government of the entire task or the tangible product deliverable(s) invoiced. Payments shall be based on the Government certifying that satisfactory services were provided, and the Contractor has certified that labor charges are accurate.

h. If the services are rejected for failure to conform to the technical requirements of the task order, or any other contractually legitimate reason, the Contractor shall not be paid, or shall be paid an amount negotiated by the CO.

i. Payment to the Contractor will not be made for temporary work stoppage due to circumstances beyond the control of U.S. Food and Drug Administration such as acts of God, inclement weather, power outages, and results thereof, or temporary closings of facilities at which Contractor personnel are performing. This may, however, be justification for excusable delays.

j. The Contractor agrees that the submission of an invoice to the Government for payment is a certification that the services for which the Government is being billed, have been delivered in accordance with the hours shown on the invoices, and the services are of the quality required for timely and successful completion of the effort.

k. Questions regarding invoice payments that cannot be resolved by the IPP Helpdesk should be directed to the FDA Employee Resource and Information Center (ERIC) Helpdesk at 301-827-ERIC (3742) or toll-free 866-807-ERIC (3742); or, by email at ERIC@fda.hhs.gov. Refer to the Call-in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed. All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received. When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.

viii. The provision at 52.212-1 (SEP 2023), Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and with the addenda below.

Submission of offers: The quoter shall submit all quotes to the point(s) of contact listed below by the due date and time indicated in the solicitation.

Period for Acceptance of Quotes: The quoter agrees to hold the prices firm for 30 calendar days after quote due date.

Quote Submission: All quotes shall be submitted with the following –

a) Pricing, period of performance and type of subscription for all line items with the total price

b) Description of services included in the unlimited users subscription.

c) The information requested under section x of this solicitation.

Quotes that do not provide the requested information may be deemed non-responsive.

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The quoter shall submit all electronic documents for Microsoft Office suite products without the use of “macros”. When submitting proposals via email, DO NOT include .exe, .mso, or any other executable file types that could potentially trigger email security protections (i.e. email blocks, quarantine). If the offeror or applicant submits documents that contain macros, macro referenced files, and/or executable files, the Government will not be able to view or open such documents and the submission will be considered non-responsive to the solicitation. No additional time will be given to an quoter to correct the document submission and the Government will not inform the quoter that their submission is non-responsive prior to award. It is the quoter’s responsibility to ensure all electronic documents are submitted without the use of macros.

ix. The provision at 52.212-2, Evaluation—Commercial Items (NOV 2021), is applicable to this requirement.

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote meets the requirements listed under this solicitation and is the lowest priced quote received in response to this solicitation. Therefore, award will be made to quoter whose quote is determined to be Lowest Price Technically Acceptable.

The Government will evaluate the following:

(1) All schedule items containing the correct period of performance.

(2) Subscription is for unlimited users

(3) Description of services included with the subscription meets the technical capabilities described in the RFQ.

(4) Pricing for all schedule items.

(5) Provided the information requested under section x of this RFQ.

(6) Active SBA certification for SDVOSB

(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.

x. The Provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (MAY 2024), applies to this acquisition.

The quoter shall provide the following with their quote:

1) Complete paragraph (b) of this provision if the quoter has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://sam.gov/content/home.

https://sam.gov/content/home

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xi. The clause at 52.212-4, Contract Terms and Conditions—Commercial Items (NOV 2023), 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.

xii. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JAN 2025), The additional FAR clauses cited in the clause that apply under this acquisition are indicated below. The full text of the clause will be provided in the award.

☒ 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

☐ 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☒ 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

☐ 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 of Div. C).

☒ 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☐ 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115– 390, title II).

☐ 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub.

L. 115–390, title II).

☐ Alternate I (DEC 2023) of 52.204-30.

☒ 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

☒ 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) ( 41 U.S.C. 2313).

☐ 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

☐ 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☒ 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

☐ Alternate I (MAR 2020) of 52.219-6.

☐ 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

☐ Alternate I (MAR 2020) of 52.219-7.

☒ 52.219-8, Utilization of Small Business Concerns (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

☒ 52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 15 U.S.C. 637(d)(4)).

☐ Alternate I (NOV 2016) of 52.219-9.

https://www.acquisition.gov/far/part-52#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_203_13 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-52#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_9

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☐ Alternate II (NOV 2016) of 52.219-9.

☐ Alternate III (JUN 2020) of 52.219-9.

☐ Alternate IV (JAN 2025) of 52.219-9.

☒ 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

☐ Alternate I (MAR 2020) of 52.219-13.

☒ 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

☐ 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☒ 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

☒ 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

☐ Alternate I (MAR 2020) of 52.219-28.

☐ 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

☐ 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

☐ 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

☐ 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15 U.S.C. 637(a)(17)).

☐ 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

☐ 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)( E.O. 13126).

☐ 52.222-21, Prohibition of Segregated Facilities (APR 2015).

☐ 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

☐ Alternate I (FEB 1999) of 52.222-26.

☐ 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

☐ Alternate I (JUL 2014) of 52.222-35.

☐ 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

☐ Alternate I (JUL 2014) of 52.222-36.

☐ 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

☐ 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

☐ 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

☐ Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

☐ 52.222-54, Employment Eligibility Verification (JAN 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

☐ 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

☐ 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 https://www.acquisition.gov/far/part-52#FAR_52_219_16 https://www.acquisition.gov/far/part-52#FAR_52_219_27 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 https://www.acquisition.gov/far/part-52#FAR_52_219_30 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 https://www.acquisition.gov/far/part-52#FAR_52_222_50 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 https://www.acquisition.gov/far/part-52#FAR_52_223_9 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim

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☐ 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

☐ 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

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

☐ 52.224-3 Privacy Training (JAN 2017) ( 5 U.S.C. 552 a).

☐ Alternate I (JAN 2017) of 52.224-3.

☐ 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

☐ Alternate I (OCT 2022) of 52.225-1.

☐ 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐ Alternate I [Reserved].

☐ Alternate II (JAN 2025) of 52.225-3.

☐ Alternate III (FEB 2024) of 52.225-3.

☐ Alternate IV (Oct 2022) of 52.225-3.

☐ 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007) (42 U.S.C. 5150).

☒ 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O.

13513).

☐ 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☐ 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☐ 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☐ 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

☐ 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

☐ 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

☐ 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

☐ 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

☒ 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

☐ 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

☐ Alternate I (APR 2003) of 52.247-64.

☐ Alternate II (NOV 2021) of 52.247-64.

https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_225_26 https://www.acquisition.gov/far/part-52#FAR_52_226_4 https://www.acquisition.gov/far/part-52#FAR_52_226_5 https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_232_29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_30 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_34 https://www.acquisition.gov/far/part-52#FAR_52_232_36 https://www.acquisition.gov/far/part-52#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_242_5 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_247_64

11 | P a g e

☐ 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

☐ 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

☐ 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

☐ 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

☐ 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

☐ 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

☐ 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) ( 49 U.S.C. 40118(g)).

xiii. Additional contract requirement(s) or terms and conditions

FAR 52.252-2 -- Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/.

(End of Clause)

FAR CLAUSES

FAR

CLAUSE NO.

DESCRIPTION DATE

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

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

(a) The Government may extend the term of this contract by written notice to the Contractor any time before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend any time 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 four (4) years.

(End of clause) https://www.acquisition.gov/far/part-52#FAR_52_222_41 https://www.acquisition.gov/far/part-52#FAR_52_222_42 https://www.acquisition.gov/far/part-52#FAR_52_222_43 https://www.acquisition.gov/far/part-52#FAR_52_222_44 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_51 https://www.acquisition.gov/far/part-52#FAR_52_222_53 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_226_6 https://www.acquisition.gov/far/part-52#FAR_52_247_69 https://www.govinfo.gov/link/uscode/49/40118 https://www.acquisition.gov/

12 | P a g e

HHSAR CLAUSES

HHSAR

CLAUSE NO.

DESCRIPTION DATE

352.203-70 Anti-Lobbying DEC 2015

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations

DEC 2015

352.227-70 Publications and Publicity DEC 2015

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 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)

352.239-79 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY] (FEB 2024)(DEVIATION)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all information and communication technology (ICT) supplies, products, platforms, information, documentation, and services support developed, acquired, maintained or delivered under this contract or order must comply with the Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and 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 https://www.access-board.gov/ict/ https://www.hhs.gov/web/section-508/index.html https://www.hhs.gov/web/section-508/index.html https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.hhs.gov/web/section-508/accessibility-checklists/index.html https://www.itic.org/policy/accessibility/vpat

13 | P a g e to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(d) If this is an Indefinite-Delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies, products, platforms, information, documentation, or services support will define the specifications and accessibility standards for the order. In those cases, the Contractor shall be required to provide a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section- 508/accessibility-checklists/index.html) or an ACR (based on the VPAT see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies, products, platforms, information, documentation, or services support conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) The contractor shall identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements.

(End of clause)

FDA CONDITION Regarding Macros

Be advised that FDA does not accept documents which contain the use of macros. When submitting documents via email, DO NOT include .exe, .mso, or any other executable file types that could potentially trigger email security protections (i.e. email blocks, quarantine). Document submissions required throughout the award period(s) shall not have macro enabled functionality and any document delivered having that functionality will be deemed delinquent, if not corrected prior to the due date.

(End of Condition)

FAR/HHSAR PROVISIONS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

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

(End of Provision) https://www.acquisition.gov/

14 | P a g e

FAR/HHSAR

PROVISION NO.

DESCRIPTION DATE

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-Representation OCT 2020

52.204-29 Federal Acquisition Supply Chain Security Act Orders— Representation and Disclosures

DEC 2023

52.217-5 Evaluation of Options JULY 1990

HHSAR 352.239-73 Electronic and Information Technology Accessibility Notice DEC 2015

352.239-78 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB

2024)(DEVIATION)

(a) Any offeror responding to this solicitation must comply with established HHS Information and Communication Technology (ICT) accessibility standards. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html. The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-79 Information and Communication Technology Accessibility.