NOTICE TO CONTRACTOR

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Part 12. This announcement constitutes the only solicitation;

quotes are being requested, and a separate written solicitation will not be issued. Solicitation number HT941026Q2028 is issued as a Request for Quote (RFQ) by the Defense Health Agency Contracting Activity (DHACA), Healthcare Contracting Division-West (HCD-W).

The issuing agency, DHACA HCD-W, requests responses from qualified sources capable of providing Regulated Medical Waste Disposal Services. The solicitation document and all incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01, effective March 13, 2026, and any applicable Department of War-specific class deviations.

This acquisition is a 100% small business set-aside. The North American Industry Classification System (NAICS) Code for this procurement is 562211, with a corresponding size standard of $47 million. The Service Code is S222. It is the responsibility of the contractor to be familiar with all applicable clauses and provisions. The full text of these can be accessed electronically at www.acquisition.gov. To be considered for award, interested parties must submit a quote that includes a technical proposal, a firm-fixed-price, completed provisions, and a DUNS number for active System for Award Management (SAM) registration.

Items required:

CLIN 0001: Regulated Medical Waste Disposal – Base Location: U.S. Naval Hospital Guam, Apra Branch Health Clinic, Boller

Veterinary Clinic, Branch Clinic Camp Blaz Period of Performance (POP): August 1, 2026 – July 31, 2027 Quantity: 43,900 Unit of Issue: Pounds

CLIN 0002: Regulated Medical Waste Disposal – Base Location: 36th Medical Group Andersen AFB, Guam Period of Performance (POP): August 1, 2026 – July 31, 2027 Quantity: 3,900 Unit of Issue: Pounds

CLIN 1001: Regulated Medical Waste Disposal – Option 1 Location: U.S. Naval Hospital Guam, Apra Branch Health Clinic, Boller

Veterinary Clinic, Branch Clinic Camp Blaz Period of Performance (POP): August 1, 2027 – July 31, 2028 Quantity: 43,900 Unit of Issue: Pounds

CLIN 1002: Regulated Medical Waste Disposal – Option 1 Location: 36th Medical Group Andersen AFB, Guam Period of Performance (POP): August 1, 2027 – July 31, 2028 Quantity: 3,900 Unit of Issue: Pounds

CLIN 2001: Regulated Medical Waste Disposal – Option 2 Location: U.S. Naval Hospital Guam, Apra Branch Health Clinic, Boller

Veterinary Clinic, Branch Clinic Camp Blaz Period of Performance (POP): August 1, 2028 – July 31, 2029 Quantity: 43,900 Unit of Issue: Pounds

CLIN 2002: Regulated Medical Waste Disposal – Option 2 Location: 36th Medical Group Andersen AFB, Guam Period of Performance (POP): August 1, 2028 – July 31, 2029 Quantity: 3,900 Unit of Issue: Pounds

FOB Destination: The supplier is responsible for the performance of all inspection requirements and quality control.

DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS)

(a) DBIDS is the current system for access control verification and management for the Department of Defense (DoD).

(b) DBIDS guidance for Vendors/Contractors to obtain a pass is accessible through the following website: https://www.cnic.navy.mil/Operations-and-Management/Base-Support/DBIDS/

(c) For more information or to enroll in the DBIDS Program, call: 1 (671) 339-6217 or (671) 339-

5208.

(d) Pre-enrolling will help expedite your processing time. To pre-enroll for a DBIDS card, visit the following website: https://dbids-global-enroll.dmdc.mil/preenrollui/

(e) Vendors, contractors, suppliers, and other service providers shall present their pass upon entry at the entry control point (ECP).

This acquisition incorporates by reference the following FAR provisions and clauses:

52.203-6 Restrictions on Subcontractor Sales to the Government Alternate I (Nov 2021) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (Sep 2024) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation (Jan 2017) 52.204-7 System for Award Management (AUG 2025) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management—Maintenance (AUG 2025) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Aug

2025) 52.209-5 Certification Regarding Responsibility Matters (Aug 2025) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Aug 2025) 52.209-7 Information Regarding Responsibility Matters (Aug 2025) https://www.cnic.navy.mil/Operations-and-Management/Base-Support/DBIDS/ https://dbids-global-enroll.dmdc.mil/preenrollui/

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Aug 2025) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Aug 2025) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (Aug 2025) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Aug

2025) 52.217-5 Evaluation of Options (Feb 2026) 52.219-1 Small Business Program Representations (Feb 2026) 52.219-6 Notice of Total Small Business Set-Aside (Feb 2026) 52.219-8 Utilization of Small Business Concerns (Feb 2026) 52.219-28 Postaward Small Business Program Rerepresentation (Feb 2026) 52.222-3 Convict Labor (Sept 2025) 52.222-35 Equal Opportunity for Veterans (Sept 2025) 52.232-37 Employment Reports on Veterans (Sept 2025) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Sept 2025) 52.222-50 Combating Trafficking in Persons (Sept 2025) 52.228-5 Insurance—Work on a Government Installation (Jan 1997) 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025) 52.229-12 Tax on Certain Foreign Procurements (Jul 2025) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.237-1 Site Visit (Apr 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

The following additional DFARS provisions and clauses applicable to this acquisition are incorporated by reference:

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 (Dec 2022) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Sep 2022) 252.204-7004 Antiterrorism Awareness Training for Contractors (Jan 2023) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION

2024-O0013, Revision 1) (May 2024) 252.204-7022 Expediting Contract Closeout (May 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) 252.215-7008 Only One Offer (Dec 2022) 252.223-7008 Prohibition of Hexavalent Chromium (Jan 2023) 252.225-7000 Balance of Payments Program Certificate 252.225-7001 Buy American and Balance of Payments Program—Basic (Feb 2024) 252.225-7002 Qualifying Country Sources as Subcontractors (Mar 2022) 252.225-7005 Identification of Expenditures in the United States (Jun 2005) 252.225-7021 Trade Agreements—Basic (Feb 2024) 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program—Basic (Feb

2024) 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

(Jun 2015) 252.225-7048 Export-Controlled Items (Jun 2013) 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (May 2024)

252.225-7055 Representation Regarding Business Operations with the Maduro Regime (May 2022) 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (Jan 2023) 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–

Representation (Jun 2023) 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (Jun

2023) 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns (Jan 2023) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such

Network is Designed to Block Access to Certain Websites—Representation (DEVIATION 2021-O0003) (Apr 2021)

252.243-7001 Pricing of Contract Modifications (Dec 1991) 252.243-7002 Requests for Equitable Adjustment (Dec 2022) 252.244-7000 Subcontracts for Commercial Products or Commercial Services (Nov 2023)

The following FAR provisions and clauses incorporated by full text apply to this acquisition:

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (Aug 2025)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary.

The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services

The following is inserted as new paragraph (f) of the provision:

(f) QUOTER INSTRUCTIONS

The Government intends to award a firm-fixed-price (FFP) contract resulting from this RFQ to the responsible Quoter, whose quote conforms to the solicitation and is the most advantageous (best value) to the Government, price and other factors considered as defined in the EVALUATION FACTORS FOR AWARD section below. The Government will review the quotes received to determine if they are compliant with the RFQ requirements. A compliant quote is one that meets all of the terms, conditions, and specifications in the RFQ. The Quoter must provide all documents listed and comply with all RFQ instructions in order for their quote to be considered “compliant” with this RFQ. Only compliant quotes will be evaluated for award.

All questions regarding the RFQ, of a contractual or technical nature, must be submitted electronically by email to merlinda.m.labaco.civ@health.mil no later than 12:00pm Pacific on April 24, 2026.

Questions submitted after the specified date and time may not receive a response. Questions, along with the Government’s responses, will be posted as an attachment to the RFQ. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective Quoters.

Electronic Submission of Quotes:

Quotations shall be submitted electronically via email to merlinda.m.labaco.civ@health.mil.

Quotations shall be submitted electronically using the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module at https://piee.eb.mil/.

mailto:merlinda.m.labaco.civ@health.mil https://piee.eb.mil/

Quoters are instructed to electronically submit their complete quotation in one (1) single file, formatted in Portable Document Format (PDF) with a .pdf file extension as follows:

- FACTOR 1: Technical Capability:

Ability to meet the performance work statement shall be demonstrated by the offeror’s submission of a document that addresses how they will accomplish all applicable objectives, tasks and guidelines. The Quoter shall submit a capabilities statement, not to exceed two (2) pages, demonstrating the Quoter’s technical capability to perform the required services in accordance with Performance Work Statement.

Offerors are cautioned against restating PWS requirements in their proposal, particularly with regard to technical requirements; and must state how all requirements will be met. Statements such as "the offeror understands" and "the offeror shall/can comply", along with reference or industry references does not reflect that the offeror understands the requirements and will likely result in a diminished evaluation rating.

- FACTOR 2: Past Performance:

The Quoter shall provide references for two (2) projects where you have provided RECENT and RELEVANT performance of the same or similar services required in this solicitation within the past three (3) years from the date of issuance of this RFQ. Past performance will be evaluated based on information from references provided and from authorized Government past performance systems and resources, including the Contractor Performance Assessment Rating System (CPARS).

RECENT is defined as services performed within the past three (3) years from the date of issuance of this RFQ. RELEVANT is defined as services the same as or similar to the services specified in the Performance Work Statement (PWS). Past performance information not meeting the above criteria will not be used for evaluation.

- FACTOR 3: Price:

The Quoter shall submit a firm-fixed-price for all contract line item numbers (CLINs) identified.

Submission of pricing data shall be complete and accurate. Incomplete pricing may result in a Quoter’s quotation being deemed ineligible for award.

Quotations must be received no later than 12:00 pm Pacific on May 11, 2026.

(End of provision)

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(AUG 2025)

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

(1) Technical Capability:

Rating Description

Acceptable Quote clearly demonstrates the Quoter’s technical capability to perform the required services in accordance with the Performance Work Statement.

Unacceptable Quote does not clearly demonstrate the Quoter’s technical capability to perform the required services in accordance with the Performance Work Statement.

If a quote is rated Unacceptable in Technical Factor 1, the quoter will no longer be eligible for award nor be evaluated in any remaining factors.

(2) Past Performance:

The offeror/quoter shall to provide references for 3 projects where you have provided RECENT and RELEVANT performance of the same or similar services required in this solicitation. Past performance will be evaluated based on information from references provided and from authorized Federal government past performance systems and resources, including the Contractor Performance Assessment Rating System and will be rated “Acceptable” or “Unacceptable”.

(a) RECENT is defined as services performed within the last 3 years from the date of issuance of this Request for Quotations.

(b) RELEVANT is defined as services provided that are the same as or similar to those specified in the Performance Work Statement. Past performance information not meeting the above criteria will not be used for evaluation.

(3) Price:

The Government will evaluate the quoted price for price reasonableness. The following price analysis techniques may be used to ensure a fair and reasonable price:

- Comparison of quoted prices received in response to the solicitation.

- Comparison of quoted prices with the independent Government estimate.

- Comparison of quoted prices with available historical information.

- Comparison of quoted prices with prices obtained through market research for the same or similar items.

The quoted price will be evaluated for the entire effort, inclusive of all options. Evaluation of options shall not obligate the Government to exercise the option(s).

Price must be determined fair and reasonable in order to be eligible for award. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. A price that is found to be unreasonably high may be indicative of an inherent lack of understanding of the solicitation requirements and may result in the overall quote not being considered for award.

Technical Capability will be rated on an Acceptable/Unacceptable basis, and Past Performance will be more important than price.

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

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Addendum to FAR 52.212-2, Evaluation—Commercial Products and Commercial Services

The following is inserted as new paragraph (d) of the provision:

(d) EVALUATION FACTORS FOR AWARD

Contract award shall be made on a “Past Performance Price Tradeoff” basis. This process allows for a tradeoff between past performance and price and allows the Government to accept other than the lowest priced quote or other than the highest rated quote to achieve a best-value contract award. This may result in an award to a higher-rated, higher-priced quote if the Government determines that the past performance of the higher-priced quote outweighs the price difference. The selection process is subjective by nature and professional judgment is implicit throughout the tradeoff process.

The Quoter’s technical capability will be evaluated to determine if it is acceptable or unacceptable in accordance with the evaluation criteria stated in this RFQ. If a Quoter’s technical capability is determined to be unacceptable, the Quoter will no longer be considered for award. Award will be made to the Quoter providing a quote that is deemed most advantageous to the Government, whose technical capability has been determined to be “Acceptable” and trading off past performance against price. Past performance is more important than price.

The Government intends to award based on initial quotes. Notwithstanding this intent, the Contracting Officer reserves the right to conduct exchanges if it is within the best interest of the Government, a matter within their discretion.

Certified cost or pricing data is not required for commercial acquisitions or for acquisitions at or below the simplified acquisition threshold. However, if only one proposal is received, other than certified cost or pricing data may be required.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

(End of Clause)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN SYSTEM FOR

AWARD MANAGEMENT (JUL 2013)

(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either--

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).

(b) Mandatory submission of Contractor's EFT information. (1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause).

The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: “designated office”') by the date when the contractor submitted first invoice, using EFT Form established by DFAS. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office.

However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing

House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. (1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor.

Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for--

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and--

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.

(j) EFT information. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause.

(1) The contract number (or other procurement identification number).

(2) The Contractor's name and remittance address, as stated in the contract(s).

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the Contractor's financial agent.

(5) The Contractor's account number and the type of account (checking, saving, or lockbox).

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent.

(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR

(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 Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2 IN 1 SERVICES ONLY

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC HT9410 Admin DoDAAC HT9410 Inspect By DoDAAC N/A Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) HT0654 and HT1066 Service Acceptor (DoDAAC) HT0654 and HT1066 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

WAWF Acceptor Name: TBD WAWF Acceptor Email: TBD

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

The following Defense Health Agency (DHA) Procedures, Guidance, and Information (PGI) apply to this acquisition:

DHA PGI 211.106 PURCHASE DESCRIPTIONS FOR SERVICE CONTRACTS (April 4, 2014)

PROPER IDENTIFICATION OF CONTRACTOR PERSONNEL

1. Contractors, including subcontractors at all tiers, shall provide for a clear distinction from Government personnel. Contractor employees shall not act, advertise, or presume to be Government employees, agents, or representatives. Contractor employees are required to appropriately identify themselves as contractor employees at all times, including in telephone conversations, formal and informal written correspondence, paper and electronic, and in any other situation where their actions could be construed as acts of Government officials, unless, in the judgment of the Government, no harm can come from failing to identify themselves. Contractor employees shall be introduced as contractor personnel and display distinguishing visible identification at all times whether in conversations, meetings, or other forms of communication with Government personnel.

2. Contractor personnel, while performing in a contractor capacity, shall refrain from using their retired or reserve component military rank or title (if applicable) in written or verbal communications associated with the contracts for which they provide services.

3. The Contractor shall incorporate the substance of this requirement in all subcontracts awarded under this contract.

(End of requirements language)

DHA PGI 233.103-90 AGENCY LEVEL PROTESTS (March 22, 2020)

An interested party filing a protest with Defense Health Agency (DHA) has the option of requesting review by either the Contracting Officer (CO) or an independent review Official (IRO), who is a DHA official at a level above the CO. Alternately, an interested party may request IRO review as an appeal of the CO’s protest decision.

Where applicable, an interested party must clearly state in the protest that IRO review is requested, and must specify the nature of the independent review sought – whether as an alternative to CO review or as an appeal of the CO’s decision.

Regardless of which review is requested, all protests must be complete and submitted to the CO within the timeframes specified in FAR Subpart 33.1.

(End of DHA language)

The following DHA Standard Language applies to this acquisition:

Personally Identifiable Information, Protected Health Information, and Federal Information Requirements

(Revised 10/27/2020)

1. General Requirements Overview - Personally Identifiable Information (PII), Protected Health Information (PHI) and Federal Information Laws

This Section addresses the Contractor’s requirements under The Privacy Act of 1974 (Privacy Act), The Freedom of Information Act (FOIA), and The Health Insurance Portability and Accountability Act (HIPAA) as set forth in applicable statutes, implementing regulations and Department of Defense (DoD) issuances. In general, the Contractor shall comply with the specific requirements set forth in this Section and elsewhere in this Contract. The Contractor shall also comply with requirements relating to records management as described herein.

This Contract incorporates by reference the federal regulations and DoD issuances referred to in this Section. If any authority is amended or replaced, the changed requirement is effective when it is incorporated under contract change procedures. Where a federal regulation and any DoD issuance govern the same subject matter, the Contractor shall first follow the more specific DoD implementation unless the DoD issuance does not address or is unclear on that matter. DoD issuances are available at http://www.dtic.mil/whs/directives.

For purposes of this Section, the following definitions apply.

DoD Privacy Act Issuances means the DoD issuances implementing the Privacy Act, which are DoDI 5400.11, DoD Privacy and Civil Liberties Programs, January 29, 2019, and DoDI 5400.11- R, Department of Defense Privacy Program, May 14, 2007.

HIPAA Rules means, collectively, the HIPAA Privacy, Security, Breach, and Enforcement Rules, issued by the U.S. Department of Health and Human Services (HHS) and codified at 45 Code of Federal Regulations (CFR) Part 160 and Part 164, Subpart E (Privacy), Subpart C (Security), Subpart D (Breach) and Part 160, Subparts C-E (Enforcement), as amended.

Additional HIPAA rules regarding electronic transactions and code sets (45 CFR Part 162) are not addressed in this Section and are not included in the term HIPAA Rules.

DoD HIPAA Issuances means the DoD issuances implementing the HIPAA Rules in the DoD Military Health System (MHS). These issuances are DoDM 6025.18, “Implementation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule in DoD Health Care Programs,” March 13, 2019, DoDI 6025.18, Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule Compliance in DoD Health Care Programs, March 13, 2019, and DoDI 8580.02, Security of Individually Identifiable Health Information in DoD Health Care Programs, August. 12, 2015.

Defense Health Agency (DHA) Privacy Office is the DHA Privacy and Civil Liberties Office. The DHA Privacy Office Chief is the HIPAA Privacy and Security Officer for DHA.

2. Records Management

When creating and maintaining official government records, the Contractor shall comply with all federal requirements established by 44 United States Code (U.S.C.) Chapters 21, 29, 31, 33 and 35, and by 36 CFR, Chapter XII, Subchapter B – Records Management. The Contractor shall also comply with DoD Administrative Instruction No. 15 (DoD AI-15), “OSD Records and Information Management Program” (May 3, 2013) and Records Management requirements outlined in the current TRICARE Operations http://www.dtic.mil/whs/directives

Manual (TOM).

3. Freedom of Information Act (FOIA)

The Contractor shall comply with the following procedures if it receives a FOIA request and immediately contact the DHA FOIA Officer for evaluation/action:

The Contractor shall inform beneficiaries that DHA FOIA procedures require a written request preferably sent via the National FOIA Portal at: www.FOIA.gov. However, requesters may also submit requests via email at DHA.FOIA@mail.mil; or via postal delivery addressed to the DHA Freedom of Information Service Center, 7700 Arlington Boulevard, Suite 5101, Falls Church, Virginia 22042-5101. All FOIA requests shall describe the desired record as completely as possible to facilitate its retrieval from files and to reduce search fees which may be borne by the requestor. Contract and/or Modification numbers must be included in all FOIA requests seeking DHA procurement records. Although the administrative time limit to grant or deny a request (ten working days after receipt) does not begin until the request is received by DHA, the Contractor shall act as quickly as possible and respond to DHA within ten working days.

In response to requests received by the Contractor for the release of information, unclassified information, documents, and forms which were previously provided to the public as part of routine services shall continue to be made available in accordance with previously established criteria. All other requests from the public for release of DHA records and, specifically, all requests that reference FOIA shall be immediately forwarded to DHA, ATTENTION: Freedom of Information Officer, for appropriate action.

Direct contact, including interim replies, between TRICARE contractors and such requestors is not authorized. The Contractor shall process requests by individuals for access to records about themselves in accordance with directions from the DHA Freedom of Information Service Center. If such a requestor specifically makes the request under the Privacy Act or does not make clear whether the request is made under FOIA or the Privacy Act, the Contractor shall process the request in accordance with directions from the DHA Privacy Office. If requestor specifically seeks PHI under HIPAA, the Contractor shall follow paragraph 8.1.6, relating to individual rights of access to PHI.

4. Systems of Records

In order to meet the requirements of the Privacy Act and the DoD Privacy Act Issuances, the Contractor shall identify to the DHA Contracting Officer (CO) systems of records that are or will be maintained or operated for DHA where records of PII collected from individuals are maintained and specifically retrieved using a personal identifier. Upon identification of such systems to the CO, and prior to the lawful operation of such systems, the Contractor shall coordinate with the DHA Privacy Office to complete systems of records notices (SORNs) for submission and publication in the Federal Register as coordinated by the Defense Privacy, Civil Liberties, and Transparency Division, and as required by the DoD Privacy Act Issuances.

Following proper SORN publication and Government confirmation of Contractor authority to operate the applicable system(s), the Contractor shall also comply with the additional systems of records and SORN guidance, in coordination with the DHA Privacy Office, regarding periodic system review, amendments, alterations, or deletions set forth by the DoD Privacy Act Issuances, Office of Management and Budget (OMB) Memorandum 99-05, Attachment B, OMB Circular A-130, and Privacy Act of 1974 requirements applicable to contractors operating systems of records on behalf of federal agencies. The Contractor shall promptly advise the DHA Privacy Office of changes in systems of records or their use that may require a change in the SORN.

http://www.foia.gov/ mailto:DHA.FOIA@mail.mil http://www.defenselink.mil/privacy/documents/pa1974.pdf mailto:DHA.PrivacyAct@mail.mil

5. Privacy Impact Assessment (PIA)

If DHA data is stored on a Contractor owned system, a PIA is required from the Contractor.

6. Data Sharing Agreement (DSA)

6.1 (Applies if contract requirements involve the use of DHA data (including PII/PHI, a limited data set, or de-identified data)

The Contractor shall consult with the DHA Privacy Office to determine if the Contractor must obtain a DSA or Data Use Agreement (DUA), when DHA data will be accessed, used, disclosed, or stored, to perform the requirements of this Contract.

The Contractor shall comply with the permitted uses established in a DSA/DUA to prevent the unauthorized use and/or disclosure of any PII/PHI, in accordance with the HIPAA Rules and DoD HIPAA Issuances. Likewise, the Contractor shall comply with the DoD Privacy Act Issuances.

Prior to using any data involving PHI for research purposes, as defined by HIPAA, the Contractor must gain approval from the DHA Privacy Board. Thus, the Contractor shall comply with DHA Privacy Board requests for additional documentation.

To begin the DSA request process, the Contractor shall submit a DSA Application (DSAA) to the DHA Privacy Office. Upon approval, the requestor shall enter into one of the following agreements, depending on the data involved:

• DSA for De-Identified Data

• DSA for PHI

• DSA for PII Without PHI

• DUA for Limited Data Set

DSAs executed for contract support will expire after 1 year or at the end of the contract option year, whichever comes first. If the contractual use of DHA data will continue after the DSA expiration date, the Contractor shall submit a DSA Renewal Request template to the Privacy Office; however, if the DSA will not be renewed, the Contractor shall close the DSA by providing a Certificate of Data Disposition…