SP4701-26-R-0017 GHX.pdf

Global Healthcare Exchange (GHX) Product Data Subscription

CUI

COMBINED SYNOPSIS/SOLICITATION

REQUEST FOR QUOTATION (RFP)

(SP4701-26-R-0017)

Section A: Solicitation/Contract Form

(1) Action Code: N/A

(2) Date: August 21, 2026

(3) Year: 2026

(4) Contracting Office Zip Code: 19111

(5) Classification Code: 541519

(6) Contracting Office Address:

DLA Contracting Services Office Philadelphia 700 Robbins Avenue, Building # 6 Philadelphia, PA 19111

(7) Subject: Global Healthcare Exchange (GHX) Product Data Subscription for the Defense Logistics Information Operations (DLA-J6)

(8) Proposed Solicitation Number: SP4701-26-R-0017

(9) Closing Response Date: August 28, 11:00 am (Eastern Time). Offers must be sent via email message to the point of contact listed below:

(10) Contracting Officer: donald.hinkson@dla.mil / Office: 445-737-3994

(11) Contract Award: N/A

(12) Contract Award Dollar Amount: N/A

(13) Line-Item Number: See attached Statement of Work (SoW).

CUI Designation Indicator Controlled By: DCSO Philadelphia

CUI Category: SSEL (Source Selection) Distribution/Dissemination Controls: FED ONLY

POC: Contracting Officer/Donald Hinkson/445-737-3994/donald.hinkson@dla.mil mailto:donald.hinkson@dla.mil%20

(14) Contract Award Date: TBD

(15) Contractor: TBD

(16) Description:

(i) This is a combined synopsis/solicitation – Request for Quote / Proposal for commercial items prepared in accordance with the format in Subpart 12.603 Streamlined Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes only solicitation; quotes / proposals are being requested, and a written solicitation will not be issued. Solicitation is being issued as an Unrestricted acquisition via Open Market Procedures to the Contract Opportunities Website (sam.gov).

(ii) Solicitation Number: SP4701-26-R-0017; the solicitation will be issued as a request for quote (RFQ).

(17) This solicitation document and incorporated provisions & clauses represent those in effect through Federal

Acquisition Circular 2026-01 effective 13 March 2026.

(i) The North American Industrial Classification System (NAICS) code for this acquisition is 541519 (Size

Standard: 150 EMPLOYEES). This requirement is being solicited as an Unrestricted acquisition via Open Market Procedures to the Contract Opportunities Website (sam.gov) & supported by a Justification & Approval on an Other Than Full & Open Competition basis due to the sole- source brand-name requirement.

(ii) See Section C for the list of line-item numbers and items, quantities, and units of measure:

*PLEASE SEE BILL OF MATERIALS ATTACHMENT SPREADSHEET, FOLLOW ALL

DIRECTIONS ON SPREADSHEET, INPUT YOUR FIRMS PRICE & NOTATIONS AND SUBMIT

WITH FINAL PROPOSAL.

a. This RFP will be posted to the System for Award Management Website (www.sam.gov ) under NAICS code 541519.

b. Offeror shall submit a proposal / quote with a total price for all CLINs. Within the proposal, the offeror shall provide a breakdown of the unit prices for each item listed in the Bill of Materials for this RFP.

c. Proposals / Quotes shall be submitted electronically to: donald.hinkson@dla.mil

d. Offers are due no later than 11:00 am (Eastern Standard Time) on August 28, 2026.

(ix) The FAR provision, 52.212-2, Evaluation - Commercial Items, applies to this acquisition. The evaluation criterion for the technical quotation and price quotation is set forth in Section M – Evaluation Factors for Award.

(x) Offerors shall include a copy of the FAR provision at 52.212-3, Offeror Representations and Certifications – Commercial Items (or certify their www.sam.gov ) representations are valid and up to date).

PRICING INSTRUCTIONS

1. Submit a valid quote on subject requirement into SAM.gov & direct email to Contracting Officer.

mailto:donald.hinkson@dla.mil http://www.sam.gov/

Section B: Supplies or Services:

Global Healthcare Exchange (GHX) Product Data Subscription:

(i) Contract line item number (CLIN):

Base Period: September 30, 2026 through September 29, 2027 CLIN Description Price 0001 Annual License/Subscription Flat Fee – Base Year Total Base Period

Option Period 1: September 30, 2027 through September 29, 2028

1001 Annual License/Subscription Flat Fee – Option Year 1 Total Option Period 1

Option Period 2: September 30, 2028 through September 29, 2029

2001 Annual License/Subscription Flat Fee – Option Year 2 Total Option Period 2

Total Contract Price $

Point of Contact:

Invoicing/WAWF & Contract Point of Contact:

Kenneth Yoakum kenneth.yoakum@dla.mil 937-554-5991

Place of Delivery:

Defense Logistics Agency (DLA) Troop Support Medical 700 Robbins Avenue Philadelphia, PA 19111

(a) Please send all proposals via email to the following Points of Contact: Donald Hinkson at 445-737-3994 or donald.hinkson@dla.mil

NOTE: All proposals shall be submitted electronically to donald.hinkson@dla.mil

BASIS FOR AWARD: The award will be made on a lowest-price technically acceptable basis. The offer must delineate the firm’s ability to meet every aspect (item) of the Government’s requirement in order to be considered technically acceptable and the package must attest to the fact that the firm can provide the required deliverables.

Furthermore, the Government will review each proposal to confirm that the firm can meet of the Statement of Work.

mailto:kenneth.yoakum@dla.mil

Section C: Description/Specification/Statement of Work

STATEMENT OF WORK

SUPPLIES OR SERVICES AND PRICES/COSTS

The government prefers a flat, annual fee license or subscription rate not based on number of items, number of vendors, or number/frequency of vendor updates to data. Pricing shall be for access to a single government account by extended members of the team which includes a mix of government personnel and contractor teams.

User Submitted Items (start on Service Availability date are up to 140% of User’s Submitted items in the previous year with an 85% Discernment rate. Yearly totals are as follows:

Contract Year

Maximum No. User Items*

Submitted 85% Discernment Rate Base Year 809,960 688,466 Option Period 1 1,133,944 963,853 Option Period 2 1,587,522 1,349,394

* Maximum Number of User Items based on 140% increase over previous year

1. BACKGROUND

The Defense Logistics Agency (DLA) Troop Support - Philadelphia Medical Customer Operations and Supplier Operations combine to perform world-wide medical supply chain management for DoD medical materiel and supplies directly supporting warfighters in theatre and their families at home. Information Operations (J6) develops and sustains the Medical Logistics (MedLog) suite of Information Technology (IT) applications, which includes the Defense Medical Logistics Standard Support – Wholesale (DMLSS-W) program, that enable all dimensions of Defense Medical Logistics operations and support.

With the emerging adoption of standards and the recent move by manufacturers to meet U.S. Food and Drug Administration (FDA) requirements, DMLSS-W is seeking to take advantage of the growing availability of standardized product data in the supply chain. The government is seeking a solution that will provide available data for comparison and possible incorporation into our supply chain systems.

2. SCOPE

This Statement of Work outlines the requirements for a medical/surgical product data subscription to improve data quality (accurate, current, and standardized data) in the DMLSS-W medical master item system. It is not intended to acquire IT services, technical and management expertise that support applications, software, hardware, infrastructure or any system in the DLA IT enterprise.

3. REQUIREMENTS

The contractor will provide a synchronized, validated, enriched view of all medical/surgical item data in a standard repeatable format on a monthly basis. The government wants to obtain all the available attributes to include packaging and barcode information aggregated and normalized by the data provider in a single file based on using data elements such as the manufacturer’s name, commercial part number, and item specific description as keys for incorporating into government systems. The government requires all data associations, classifications, and synchronizations clinically vetted.

The government requires a process to provide feedback on product records. In addition, the government requires a mechanism to submit new items to be cleansed, classified, and synchronized. The data provider shall recommend to the Government emerging innovative solutions to enrich/enhance data and data usage to support the Enterprise Medical Logistics Supply chain.

The government desires the sum of available product data, including, but not limited to:

• All items shall be classified using industry standard classification schema, such as United Nations Standard Products and Services Code® (UNSPSC). UNSPSC codes shall be applied and validated by data provider and should be applied to all items sourced by the data provider. Appropriate data governance structure should be in place to ensure consistency of classification.

• All applicable items, as defined by Centers for Medicare and Medicaid Services (CMS), shall be coded with

Healthcare Common Procedure Coding System (HPCPS) codes. HCPCS codes shall be applied and validated by the data provider in accordance with regulatory guidelines. Appropriate data governance structure should be in place to ensure resources applying HCPCS codes have appropriate experience and credentials.

• All items shall be attributed with key items characteristics, which shall include at minimum those listed below (each attribute may not apply to every item, but shall be complete if applicable). These attributes should be validated against available product literature [i.e. Instructions for Use (IFU), product data, and manufacturer supplied information].

o Noun, Type, Brandname, Composition, Age, Size/Shape, Length/Width/Height, Diameter, Volume, Weight, Properties, Sterility, Latex/Non-Latex, Disposable, Color, Flavor, Hazardous.

• All items shall include validated and normalized core ordering/product information, including vendor name

(standardized/normalized), vendor catalog number, manufacturer name (standardized/normalized), and manufacturer item number.

Validated unit of measure information [Unit of Measure (UOM) and pack factor] should also be included.

• Data provider shall provide up to 10 configurable item descriptions using a rules- based algorithm that leverages product attributes (as described above) but allows for customization of description length, attribute order, and abbreviations. Provided descriptions shall be consistent and normalized to ensure like items are described similarly.

• Data providers shall have the ability to source data from a Global Data Synchronization Network (GDSN)-certified data pool on behalf of the DoD, including the key attributes listed below, and correlate it to the product data and information described herein. This shall include a requirement that the GDSN sourced data be correlated to the correct logical descriptive UOM.

o Global Trade Identification Number (GTIN), Description, Unit of Measure, Quantity of Each, Ordering UOM, Next Level GTIN, dimensioning to include the Barcode information

• Data providers shall have the ability to source all data from the FDA Global Unique Device Identification Database (GUDID) and correlate it to the product data and information described herein. All data attributes provided in the GUDID shall be made available. The GUDID sourced data shall be correlated, to the greatest extent possible, to the correct logical descriptive UOM.

Other:

o Barcode information o Instructions for Use (IFU) o Images o Material Safety Data Sheets (MSDS)/Safety Data Sheets (SDS) o Hyperlinks to IFUs, Images, MSDS/SDS, Hazmat Forms, etc.

The government recognizes that not all attributes will be available and requires a data model that allows for growth as the industry adopts new attributes or as manufacturers start to provide additional attributes.

The government requires a web user interface (UI) for ad hoc searches.

Approximate Total number of Items needed: DLA Troop Support Medical Directorate purchases hundreds of thousands of healthcare items. DMLSS-W requires quality product data for all the healthcare product records in its systems. The government is interested in relevant data and will provide the parameters of the scope of data prior to the start of the subscription.

1. DELIVERABLES

The Offeror shall provide an initial data deliverable of the requested data for the list of items provided by the government within 30 days of award. Subsequent data deliveries will include changes to the data, on a monthly basis, said delivery dates to be negotiated at time of award based on successful Offeror’s processes. Offerors shall also provide all new data records and related data attributes on a daily basis. All deliverables will be made electronically in real time, via an automated secure file transfer protocol (SFTP).

Deliverable 1: List of Attributes Due: Within 30 Days of Award

Deliverable 2: Initial Data Delivery Due: Within 30 Days of Award

Deliverable 3: Subsequent Monthly Data Deliveries Due: Within 30 Days of Award

Deliverable 4: New Record Updates Due: Daily as required

Deliverable 5: Data Enrichment Recommendation Due: Daily as required

Type of inbound files that DoD System(s) can receive: Flat File, XML, JSON. Offerors shall provide an automated secure file transfer protocol (SFTP). State the format(s) for data files offered.

DLA Troop Support Medical Directorate has its own extraction, transformation and loading (ETL), matching and comparison processes. Proprietary processes internal to DLA Troop Support Medical Directorate are in place to update vendor and product attributes.

Section D: Packaging and Marking

N/A

Section E: Inspection and Acceptance

See the Service Approver DoDAAC and Service Acceptor DoDAAC located in DFARS 252.232-7006

Section F: Delivery or Performance

Points of Contact for the Contract

The Program Point of Contact is:

Kenneth Yoakum kenneth.yoakum@dla.mil 937-554-5991.

The Contract Point of Contact and WAWF POC is:

Kenneth Yoakum kenneth.yoakum@dla.mil 937-554-5991.

Request the contract award be distributed to: kenneth.yoakum@dla.mil, Jeffrey.C.Miller@dla.mil, Gregory.Schmidt@dla.mil

Period of Performance (PoP):

Base Year September 30, 2026 – September 29, 2027 Option Year #1 September 30, 2027 – September 29, 2028 Option Year #2 September 30, 2028 – September 29, 2029

Section G – Contract Administration Data

DODAAC for Wide Area Work Flow (WAWF) Invoice and Receiving Report (Combo) Invoicing: SL4792

(i) The FAR provision, 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and the following addenda are added to this provision:

1. Addendum to FAR 52.212-1(e): Multiple offers.

mailto:Gregory.Schmidt@dla.mil

_X_ Alternative commercial items may not be considered for award on this instant acquisition, however, may be utilized for market research on future requirements.

2. Addendum to 52.212-1(g): Contract Award.

_X_ If the Contracting Officer determines that the number of quotations that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of quotations in the competitive range to the greatest number that will permit an efficient competition among the most highly rated quotations.

3. Addendum to 52.212-1(h): Multiple awards.

_X_ The Government intends to make one award.

The Government may make more than one award.

Offers may be submitted for quantities less than those specified.

4. Addendum to 52.212-1(j): Data Universal Numbering System (DUNS) Number.

_X_ The requirement to provide a DUNS number with the offer applies at all dollar values if the offeror is required to register in the System for award Management (SAM) Database in accordance with DFARS clause 252.204-7004.

5. Addendum to 52.212-1(k): Reserved

6. Addendum to 52.212-1: Special Instructions/ Conditions/ Notices to Offerors for Submittal of Source Selection Information

(1) Quotation Information

a. This RFP will be posted to SAM.gov Contract Opportunities as unrestricted action under

NAICS Code: 541519.

b. Offerors are required to submit pricing in the format contained within the attached Bill of

Materials (BoM). Each line item must be separately priced and be included in calculation of the overall total price.

c. Offers shall be submitted electronically to:

donald.hinkson@dla.mil

d. Offers are due no later than 11:00 am Eastern Time on August 28, 2026.

(ix) The FAR provision, 52.212-2, Evaluation – Commercial Items, applies to this acquisition. The evaluation criterion for the technical quotation and price quotation is lowest priced technically acceptable. Award shall be made to a responsible offeror whose quotation is lowest priced and technically acceptable based on the total price of all line items identified in the attached BoM. For this acquisition, offers that take no exception to the terms and conditions of the solicitation, including the required items, will be considered technically acceptable. In order to be determined technically acceptable, offerors must submit pricing for all items listed in the BoM.

(x) Offerors shall include a copy of the FAR provision at 52.212-3, Offeror Representations and Certifications – Commercial Items

(xi) The FAR clause, 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

(xii) The FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and is set forth in full text as seen below with the applicable clauses checked off:

Section H: Special Contract Requirements

N/A

Section I: Solicitation Clauses

52.212-4 Terms and Conditions—Commercial Products and Commercial Services.

Terms and Conditions—Commercial Products and Commercial Services (Deviation Date)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices.

An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Mar 2026)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] __ (1) 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).

X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

X__ (3) 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.)

X__ (4) 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).

X__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

X__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub.

L. 117-328).

__ (10) 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).

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

X__ (12) 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).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_233_3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 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.acquisition.gov/far/part-52#FAR_52_204_30 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

X__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

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

__ (16) 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).

__ (17) [Reserved] __ (18)

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

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19)

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

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)(15 U.S.C. 637(d)(2) and (3)).

X (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jan 2025) of 52.219-9.

__ (22)

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

__ (ii) Alternate I (Mar 2020) of 52.219-13.

X__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

X__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 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).

__ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 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)).

__ (28) 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)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

X__ (31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

X__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2026)(E.O. 13126).

__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34)

(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X__ (35)

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X__ (36)

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

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 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

X__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X__ (39)

(i) 52.222-50, Combating Trafficking in Persons (Oct 2025) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (40) 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.)

__ (41)

(i) 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.)

__ (ii) 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.)

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

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

__ (46) 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).

__ (47)

(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48)

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

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49)

(i) 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.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 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) 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).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

X__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O.

13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

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 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-section8259&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-section2112&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 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…