B.08. COMBINED SYNOPSIS SOLICITATION W91YTZ21Q0182.pdf

Document Type: Combined Solicitation/Synopsis

Date: 2 July 2021

Subject: Contact Lens

Solicitation Number: W91YTZ21Q0182

Response Date: 15 July 2021

Point of Contact: Patricia.o.akinrogunde.civ@mail.mil

Set Aside: 100% Small Business

Place of Performance: Rader U.S Army Health Clinic, Fort Myer, VA 22204

Period of Performance: 1 October 2021 through 30 September 2025

NAICS Code:

Size Standard:

339115 – Ophthalmic Goods Manufacturing/Contact lenses manufacturing

1,000 Employees

Contracting Office Address

Department of the Army

US Army Medical Command

Army Health Contracting Activity

Regional Health Contracting Office - Atlantic

6021 5th Street, Bldg. 1467

Fort Belvoir, VA 22060-5505

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

12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. This solicitation number W91YTZ21Q0182 is issued as a request for quote (RFQ). The NAICS Code is 339115 (Ophthalmic Goods manufacturing/Contact lenses manufacturing). The Small Business Size Standard is 1,000 employees. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2020-08. The Regional Health Contracting Office – Atlantic (RHCO-A), US Army Health Contracting

Activity, US Army Medical Command intends to solicit, negotiate, and award a Single-Award Blanket Purchase

Agreement (BPA); for Contact Lens. Provide your Company’s Dunn and Bradstreet number (DUNS); CAGE code;

tax ID number; and proposal evaluation purposes.

All quotes received after the date of publication of this synopsis will be considered by the Government. Submit quotes via email ONLY to Patricia Akinrogunde at patricia.o.akinrogunde.civ@mail.mil no later than 15 July 2021

@ 12:00 PM EST. No telephonic requests will be honored.

Clauses and provisions throughout this solicitation can be viewed by accessing website www.acquisition.gov. FAR provision 52 [Instructions to Offerors Commercial Items] applies to this acquisition to include the following addenda: All offerors are cautioned that if selected for award, they must be registered in the System for Award

Management (SAM) program. The SAM can be accessed via the internet at https://www.sam.gov/portal/public/SAM/. Confirmation of SAM registration will be validated prior to awarding a contract. The provision at FAR 52.212-2, Evaluation – Commercial Items and any addendums to this provision apply to this acquisition. The clause at FAR 52.212-5 (DEVIATION 2018-O0021) (SEP 2018), Contract Terms and

Conditions to Implement Statutes or Executive Orders – Commercial Items applies to this acquisition.

The following provisions in their latest editions apply to this solicitation.

https://www.sam.gov/portal/public/SAM/

Vendors shall include a completed copy of FAR provision 52.204-24, 52.204.26 AND 52.212-3 ALT 1, “Offeror

Representations and Certifications” with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non-responsive. Clause 52.212-4 Contract Terms and Conditions—Commercial items, applies to this acquisition to include any applicable addenda.

PLEASE NOTE: THIS IS AN ALL OR NONE CONTRACT. NO PARTIAL BIDDING WILL BE

ACCEPTED.

W91YTZ21Q0182

Section A - Solicitation/Contract Form

BPA

BLANKET PURCHASE AGREEMENT (BPA)

Between

TBD

And

UNITED STATES DEPARTMENT OF DEFENSE (DoD)

1. AUTHORITY. This agreement is established in accordance with Federal Acquisition Regulation (FAR) Part 13, Subpart 13.303, Blanket Purchase Agreements (BPAs). This BPA will be reviewed by the Contracting Officer at least once annually before the anniversary of the effective date, and revised to conform to all requirements of

Statutes, Executive Orders, and the FAR. Revisions will be evidenced by a modification to the BPA.

2. DESCRIPTION OF AGREEMENT. TBD shall provide all in accordance with the terms and conditions of this agreement and Sttement of Work (SOW). To include any potential components manufactured/or distributed by the contractor. Supplies shall be provided in accordance with the terms and conditions of this agreement.

3. EVENT OF OBLIGATION. TBD proposal is hereby incorporated into this BPA. The Government is obligated only to the extent of calls (orders) placed by authorized individuals and the purchase limitations of this BPA. Calls

(orders) will be made by placing calls for services required. Payment will be made for actual services rendered.

4. PURCHASE LIMITATION.

BPA Call Limit = $45,000.00

BPA Master Dollar Limit = $160,000.00 for the life of the BPA ending 30 September 2025. Limitation also applies to the master dollar limit. If the dollar limit is met, the BPA ends as well.

5. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA.

A listing of individuals authorized to place purchases/calls under this agreement shall be identified by Regional

Health Contracting Office-Atlantic, Fort Belvoir Health Contracting Cell in writing to the contractor, and shall be identified by organization component, title and dollar limitation per call for each individual authorized to place purchases/calls.

Calls placed by individuals not on the list are not authorized and shall not be honored by the contractor. Services provided by the contractor in violation of this authorization will be treated as an unauthorized commitment and may result in termination of this agreement by the government. Changes in the list shall require the signature of the

Administering Contracting Officer.

6. DELIVERY TICKETS. Payments for calls issued under this BPA will be made by WAWF if applicable. All shipments under this BPA shall be accompanied by delivery ticket that contains the following information:

-Name of Supplier

-BPA Number and Call Number

-Date of Request

-Request Number

-Itemized List of Equipment, Supplies, Materials Furnished of each service

-Quantity, Unit Price, and Extension of Each Item, Less Applicable Discounts

-Date of Delivery of Shipment/Service

-Individual Placing Order

7. NUMBERING OF PURCHASES/CALLS PLACED UNDER THIS AGREEMENT.

Each order for supplies under this agreement shall be assigned a call number with a prefix. The prefix

W91YTZ21A0014 (for example W91YTZ21FXXXX) will be used for all calls placed under this BPA. The payment process will be through WAWF and the BPA Call Number shall contain instructions on invoicing through

WAWF.

Orders shall be placed by authorized personnel as calls against this BPA via FAX, mail order, telephonically (with written follow-up) and/or Electronic Data Interchange (EDI).

8. INVOICES/PAYMENTS.

The contractor shall create a per shipment invoice for each call received. The invoice shall list all products received for this shipment. The contractor is expected to submit an invoice upon receipt of a BPA Call.

Invoice payments will be made via the WAWF. See attachment.

Invoice billings will be generated and emailed or faxed to the authorized ordering individual upon completion of service. The billings are based upon the attached pricing list.

Prices for this BPA are set forth in the contractor's published price list which is attached to this BPA, and will be updated at least on an annual basis and/or as required by any equipment change, substitution or upgrade. Pricing shall be based on published catalog price-list and any discounts offered. Prices to the Government shall be as low as, or lower than, those charged to the contractor’s most favored customers for comparable quantities of similar items or services. Pricing information will be provided as an attachment to the BPA.

There are no funds available for this BPA. Funds will be made available and the government will only be obligated for payment upon issuance of valid order/call placed against this BPA. The Government is only obligated to the extent of authorized orders made against the BPA. There is no minimum monetary amount the Government is obligated to purchase under this BPA.

Invoice billings will be generated and emailed or faxed to the authorized ordering individual monthly. The billings are based upon the attached pricing list.

9. SHIPPING INSTRUCTIONS.

CONTRACT/ PURCHASE ORDER NUMBER: W91YTZ18A0034

DO NOT UNDER ANY CIRCUMSTANCES SHIP ITEMS TO ADDRESSES OTHER THAN THOSE

SPECIFIED HEREIN. TO DO SO IS IN VIOLATION OF THIS ORDER AND COST OF SHIPMENT TO

ADDRESS OTHER THAN THAT SPECIFIED IN THIS ORDER WILL NOT BE PAID UNLESS THE SHIP

TO/DELIVERY ADDRESS IS CHANGED BY MODIFICATION TO THE ORDER SIGNED BY A

CONTRACTING OFFICER.

SHIP TO THE FOLLOWING ADDRESS:

Andrew Rader United States Army Health Clinic

401 Carpenter Road, Fort Myer, VA 22211

EXTERIOR OF ALL SHIPPING CARTONS MUST BE MARKED WITH CONTRACT/PURCHASE ORDER

NUMBER. IF YOU ARE “DROP SHIPPING” ENSURE YOUR SHIPPER COMPLIES WITH THESE

INSTRUCTIONS. CARTONS WITHOUT IDENTIFICATION WILL BE RETURNED “FREIGHT COLLECT”.

THE ADDRESS LISTED ABOVE IS THE PRIMARY DELIVERY POINT. HOWEVER, SHIPPING

INSTRUCTION MAY CHANGE DEPENDING ON WHEN, WHERE AND HOW THE OPERATING ROOM

REPRESENTATIVES NEEDS THE PRODUCTS DELIVERED. FOLLOW THE INSTRUCTIONS FOR THE

WAMC REPRESENTATIVE IN THE ORDER.

10. PRICING:

Pricing shall be established at the time of award of the BPA and updated annually and/or as required by any equipment change, substitution or upgrade. Pricing shall be based on published catalog price list and any discounts offered. Prices to the Government shall be as low as, or lower than, those charged to the contractor’s most favored customers for comparable quantities of similar items or services. Pricing information will be provided as an attachment to the BPA.

11. REVIEW:

The Regional Health Contracting Office-Atlantic, Fort Belvoir Health Contracting Cell will review this blanket purchase agreement annually. Review may be conducted to ensure that prices for services are in accordance with the terms and conditions of this BPA and that proper procedure have been followed. This is called an internal review. The contractor will be contacted if there are any discrepancies.

Section B - Supplies or Services and Prices

BPA Master Dollar Limit: $160,000.00

BPA Call Limit: $45,000.00

Period of Performance: 01-Oct-2021 to 30-Sep-2025

PSC Codes:

ITEMS AND PRICELIST

ndor PRICE CATat DESCRIPTION PRICErice

BL 38SP Optima 38/SP

BL BO30 Biotrue ONEday 30 pack

BL BO90 Biotrue ONEday 90 pack

BL BOA3 Biotrue ONEday for Astigmatism 30pk

BL BOA9 Biotrue ONEday for Astigmatism 90pk

BL BOM Biotrue ONEday for Presbyopia 30pk

BL BOM9 Biotrue ONEday for Presbyopia 90pk

BL IN90 INFUSE 90PK

BL P2M PureVision 2 for Presbyopia 6 Pack

BL P2T PureVision 2 for Astigmatism 6 Pack

BL PV2 PureVision 2 6 Pack

BL PV6 PureVision 6 pack

BL PVM PureVision Multi-Focal 6 pack

BL S38 SofLens 38 6 pack

BL SDA Soflens Daily Disp for Astig 30 pack

BL SFM SofLens Multi-Focal 6 pack

BL SFT SofLens Toric 6 pack

BL SILA Silsoft Single Vial

BL SILP Silsoft Super Plus Single Vial

BL SLD Soflens Daily Disposable 90 pack

BL UL6 Ultra 6 pack

BL ULA ULTRA for Astigmatism 6pk

BL ULM Ultra for Presbyopia 6pk

BL UMA Ultra Multifocal for Astigmatism 6pk

CIB AHA AirOptix Plus Hydra for Astig 6pk

CIB AHG AirOptix Plus HydraGlyde 6pk

CIB AHM AirOptix Plus Hydra Multifocal 6pk

CIB AND Air Optix Night and Day Aqua 6 Pack

CIB AOA Air Optix For Astigmatism 6 pack

CIB AOC Air Optix Colors 6 Pack

CIB AOC2 Air Optix Colors 2 Pk

CIB AOM Air Optix Aqua Multifocal 6 pack

CIB AOS Air Optix Aqua 6 pack

CIB CB FreshLook ColorBlends 6 pack

CIB CIBM CIBA VISION MISC CODE

CIB DA30 Dailies Aqua Comfort Plus 30 pack

CIB DA90 Dailies Aqua Comfort Plus 90 pack

CIB DAC3 Dailies Colors 30 pack

CIB DAC9 Dailies Colors 90 pack

CIB DAM3 Dailies AC Plus Multifocal 30 Pack

CIB DAM9 Dailies AC Plus Multifocal 90 Pack

CIB DAT3 Dailies Aqua Comfort Plus Toric 30pk

CIB DAT9 Dailies Aqua Comfort Plus Toric 90pk cib DIM FreshLook Dimensions 6 pack

CIB DT30 Dailies Total 1 30 Pack

CIB DT90 Dailies Total 1 90 Pack

CIB DTM3 Dailies Total 1 Multifocal 30pk

CIB DTM9 Dailies Total 1 Multifocal 90pk

CIB FD30 Dailies Focus 30 Pack

CIB FD90 Dailies Focus 90 Pack

CIB FL FreshLook Lite Tint 6 pack

CIB FLC FreshLook Colors(Opaque) 6 Pack

CIB P130 Precision1 30 pack

CIB P190 Precision1 90 pack

CIB P1A3 PRECISION1 For Astigmatism 30pk

CIB P1A9 PRECISION1 For Astigmatism 90pk

COO ATV Avaira Vitality Toric 6pk

COO AVV Avaira Vitality 6pk

COO B5P Biomedics 55 Premier 6 Pack

COO BF Biofinity EW 6 Pack

COO BFE Biofinity Energys 6pk

COO BFM Biofinity Multifocal 6 pack

COO BFT Biofinity Toric 6 Pack

COO BFTX Biofinity XR Toric 6 Pack

COO BFX Biofinity XR 6 Pack

COO BMD Biofinity Toric Multifocal Dist 6pk

COO BMN Biofinity Toric Multifocal Near 6pk

COO BT Biomedics Toric 6 Pack

COO CL30 Clariti 1Day 30 Pack

COO CL90 Clariti 1Day 90 Pack

COO CLM3 Clariti 1Day Multifocal 30 Pack

COO CLM9 Clariti 1Day Multifocal 90 Pack

COO CLT3 Clariti 1 Day Toric 30pk

COO CLT9 Clariti 1 Day Toric 90PK

COO COOM COOPER VISION MISC CODE

COO MD18 MYDAY 180PK

COO MD90 MyDay 90 pack

COO MD9T MyDay Toric 90 pack

COO MDT Proclear Multifocal Toric DOM 6 Pack

COO MNT Proclear Multifocal Toric NON 6 Pack

COO PC Proclear Compatibles 6 Pack

COO PCM Proclear Multifocal 6 Pack

COO PCT Proclear Toric 6 Pack

COO PD90 Proclear 1 Day 90 Pack

COO PDM9 Proclear 1 Day Multifocal 90 Pack

COO PMD Proclear Multifocal XR Dominant 6 pk

COO PMN Proclear Multifocal XR Non Dom 6 pk

COO PTX Proclear Toric XR 6 Pack

HVC 5412 Extreme H2O 54% 12 Pack

HVC 54T Extreme H2O 54% Toric 6 Pack

HVC 5TC TORIColors Toric 6pk No Returns

HVC 5TCS TORIColors SPHERE 6PK

HVC CY12 Extreme H2O Monthly 12 Pack

HVC CY6 Extreme H2O Monthly 6pk

HVC EXD3 Extreme H2O Daily 30pk

HVC EXD9 Extreme H2O Daily 90pk

HVC IH12 Extreme H20 Weekly 12 pack

HVC X54 Extreme H2O 54% 6 Pack

HVC XH Extreme H2O 59% Thin 6 Pack

HVC XHX Extreme H2O 59% Xtra 6 Pack

MEN MIR3 MIRU 30 Pack

MEN MIR9 MIRU 90 Pack

MEN MIT9 Miru Toric 90 Pack

MEN MRM Miru 1 Month Multifocal 6pk

MEN MRS Miru 1 Month Sphere 6pk

MEN MRT Miru 1 Month Toric 6pk

OPTC OD30 Definition AC Comfort + Daily 30PK

PLEX UB90 Unity BioSync Daily 90 pk 8.8 BC

UNI AM6 CVUE ADDVANTAGE MULTI 6PK

UNI AQ Aquaflex Superthin

UNI AQS Aquaflex Standard

UNI AQSX Aquaflex Standard MTO

UNI AQX Aquaflex Superthin MTO

UNI CTM C-Vue 55 Toric Multifocal

UNI CTM4 C-Vue 55 Toric Multifocal 4 Pack

UNI CV13 C-VUE 1 DAY ASV 30pk

UNI CV19 C-VUE 1 DAY ASV 90pk

UNI CV3T C-Vue 55 Toric 3 pk-NON RETURNABLE

UNI CV3TX C-VUE 55 TORIC 3PK

UNI CV4T C-Vue 55 Toric 4 Pack

UNI CV4TX C-VUE 55 TORIC 4PK

UNI CV5T C-Vue 55 Toric Single Vial

UNI CV5TX C-VUE 55 TORIC SINGLE

UNI CVA6 C-VUE ASPHERIC 6pk

UNI CVM C-Vue 55 Multifocal Single

UNI CVM4 C-Vue 55 MF 4 pk - NON RETURNABLE

UNI CVM6 C-VUE MULTIFOCAL 6pk

UNI EMA Unilens EMA 2pack Bifocal

UNI EMA4 EMA Multifocal 4 Pack

UNI HM6 HYDRAVUE MULTIFOCAL 6pk

UNI LLBI LL-Bifocal

UNI S55 Softcon 55 DW

UNI SF Sof-Form II

UNI SFC Sof-Form II Custom

UNI SS SoftSite

UNI SS4 SoftSite 4 Pack

UNI SSC SoftSite Custom

UNI U38 Unilens 38

UNI U384 Unilens 38 4 Pack

UNI USAC SOFFORM 55 APH.

VK A1B3 1-Day Acuvue Moist Multifocal 30pk

VK A1B9 1-Day Acuvue Moist Multifocal 90pk

VK A1M 1-Day Acuvue Moist 30 Pack

VK A1M9 1-Day Acuvue Moist 90 Pack

VK A1T 1-Day Acuvue Moist For Astig 30pk

VK A1T9 1-Day Acuvue Moist For Astig 90pk

VK A1TX ACUVUE 1-DAY MOIST FOR AST 30pk PLUS

VK A2 Acuvue 2 6 pack

VK ADF3 1-Day Acuvue Define 30pk

VK AO Acuvue Oasys Bandage 6pk

VK AO12 Acuvue Oasys 12 Pack

VK AO24 Acuvue Oasys 24 pack

VK AOB Acuvue Oasys For Presbyopia 6 Pack

VK AOH9 Acuvue Oasys HydraLuxe 1-Day 90pk vk AOP Acuvue Oasys Multifocal 6pk

VK AOT Acuvue Oasys For Astigmatism 6 pack

VK AVI Acuvue Vita 6Pk

VK AVI2 Acuvue Vita 12pk

VK AVIA ACUVUE VITA for Astigmatism 6pk

VK O1T3 Acuvue Oasys 1-Day w/Hydra Astig 30p

VK O1T9 Acuvue Oasys 1-Day w/Hydra Astig 90p

VK O1TX Acuvue Oasys 1-Day w/Hydra Astig 30x

VK OTR Acuvue Oasys with Transitions 6pk

VK OTRA Acuvue Oasys with Transitions 25 pk

VK TE3A 1-Day Acuvue TruEye Nara A 30pk

VK TE9A 1-Day Acuvue TruEye Nara A 90 Pack

WES002 H38S Horizon 38% Sphere

WES002 H38SC Horizon 38% Sphere

WES002 H49 Horizon Sphere 49%

WES002 H55 Horizon 55% Sphere

WES002 H55S Horizon Sphere 55 Special

WES002 H55SC Horizon Sphere 55 Special

WES002 H55SD2 HORIZON SPHERE 55 SPECIAL (H55SD2)

WES002 H55SD3 Horizon Sphere 55 Special Clear

WES002 H55TD1 Horizon 55 Toric

WES002 H55TD2 HORIZON 55 TORIC (H55TD2)

WES002 H55TD3 HORIZON 55 TORIC (H55TD3)

WES002 H55TS HORIZON 55 TORIC (H55TS)

WES002 H55X Horizon 55% Sphere

WES002 H5SD Horizon Sphere 55 Special Clear

WES002 H5TO Horzion 55 Toric w/ Optical Zone

WES002 HB Horizon Bifocal

WES002 HBT Horizon Bifocal Toric

WES002 HBV Horizon Bifocal Visi

WES002 HP Horizon Progressive Sphere

WES002 HPT Horizon Progressive Toric

WES002 HSP Horixon Spec Sphere (Prixm S.)

WES002 W38TD1 WESTHIN TORIC 38%

WES002 W38TD2 WESTHIN TORIC 38% (W38TD2)

WES002 W38TD3 WESTHIN TORIC 38% (W38TD3)

WES002 W55TD1 Westhin Toric 55%

WES002 W55TD2 WESTHIN TORIC 55% (W55TD2)

WES002 W55TD3 WESTHIN TORIC 55% (W55TD3)

XL F49T Flexlens Toric 49% Visitint

XL F53S Flexlens 45% Sphere 3 Pack

XL F53T Flexlen Toric 59% 3 Pack

XL F58T Flexlens Toric 58%

XL F9PA Flexlens Pediatric Aphkc 55%

XL FAAS Flexlens Adult Aphakic 74% Single

XL FDPBS Flexlens Definitive Piggy Back Singl

XL FDRS Flexlens Definitive Post Ref Single

XL FDTSC Flexlens Definitive Toric Single

XL FDTSS FLEXLENS DEFINITIVE TORIC SINGLE (FDTSS)

XL FK49 test

XL FK74 Tricurve Keratoconus 74% 12 Pack

XL FKD6 TRICURVE KERATOCONUS DEFINITIVE 6PK

XL FP49 Flexlens Pediatric 49%

XL FPB FLEXLENS PIGGYBACK PLANO 45% (FPB)

XL FPRS Flexlens Post Refractive Lens 45%

XL FX45D1 FLEXLENS SPH

XL FX45D2 FLEXLENS SPH (FX45D2)

XL FX49D2 Flexlens Sphere 49%

XL FX4T Flexlens Toric 45%

XL FX4TC Flexlens Toric 45%

XL FX55D1 FLEXLENS 55 SPH

XL FX55D2 FLEXLENS 55 SPH (FX55D2)

XL FX56 Flexlens 55% Post Frefractive 6 pack

XL FX59 Flexlens Sphere 59%

XL FX5T Flexlen Toric 55%

XL FX5TC Flexlen Toric 55%

XL FX7S Flexlens Sphere 74% Single Blister

XL FXA Flexlens Adult Aphakic

XL FXDS Tricurve Karatoconus Definitive Sing

XL FXHK Harrison Keratoconus Lens

XL FXK Tricurve Keratoconus 45%

XL FXM Flexlens 74% Multifocal Single

XL FXP Flexlens Pediatric Aph.74% Single

XL FXPA Flexlens Pediatirc Aphkc 45%

XL FXPB Flx Pgybk 45%

XL FXT Flexlens Toric 49% Visitint

XL FXTC Flexlens Toric 59% Visitint

XL XLMS Xcel Misc Code

XL XTX Toric XRP 6pk Non Returnable

Section C - Descriptions and Specifications

SALIENT CHARACTERISTICS

This is a brand name or equal solicitation for contact lens. The following are salient characteristics/minimum specifications for contact lens:

Must be FDA approved

Soft Contact Lenses -

Refractive Power Range: +8.00 to -12.00

Replacement Schedule: 1 day/daily disposable, 2 week, and 1 month

Material: Contact lens material for soft contact lenses is important in maintaining ocular health and patient comfort when wearing contact lenses. Different lens materials will have different oxygen permeability (Dk) ratings and different water percentages which affects these parameters. In order to offer a wide range of contact lens options to our patients to meet their needs, we require that the contact lenses options provided should include lenses made with the following materials:

delefilcon A lotrafilcon A lotrafilcon B nelfilcon A samfilcon A alphafilcon A balafilcon A comfilcon A omafilcon A omafilcon B enfilcon A senofilcon A etafilcon A

Rigid Gas Permeable (RGP) Lenses

Refractive Power Range: +12.00 to -15.00

Material: Contact lens material for RGP lenses is important in maintaining ocular health and patient comfort when wearing contact lenses. Different lens materials will have different oxygen permeability (Dk) ratings which affects these parameters. In order to offer a wide range of contact lens options to our patients to meet their needs, the following contact lenses materials are acceptable:

Boston lens materials (e.g. Boston XO

Paragon lens materials (e.g. paflufocon B)

SynergEyes lens materials (e.g. petrafocon A)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.212-4 ADDENDUM

(w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found.

(End of Addendum)

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

JUN 2020

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-25 Affirmative Action Compliance APR 1984

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option

Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons OCT 2020

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

52.222-54 Employment Eligibility Verification OCT 2015

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-10 Waste Reduction Program MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

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

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.244-6 Subcontracts for Commercial Items NOV 2020

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

(a) Definitions. As used in this clause--

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

6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting

Officer within five business days from the date of the inversion event.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

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

Small business concern--

(1) Means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13

CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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

CFR 121.103.

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

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

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

(3) For long-term contracts--

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

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

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

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

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and

Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in

SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 339115 assigned to contract number W91YTZ21A0014.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the

Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the

WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the

Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph

(h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

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):

www.acquisition.gov http://www.acquisition.gov/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019)

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and

Governmentwide policies, and is--

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

http://www.archives.gov/cui/registry/category-list.html http://www.archives.gov/cui/registry/category-list.html

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at

DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems.

To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the

Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication

(SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and

Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information

Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

http://dx.doi.org/10.6028/NIST.SP.800-171 mailto:osd.dibcsia@mail.mil

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline

(https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the

Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the

Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this https://www.fedramp.gov/resources/documents/ http://dibnet.dod.mil/ http://dibnet.dod.mil/ https://public.cyber.mil/eca/ clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the

Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting

Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the

Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with

Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported

Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S.