Contract - HT941026AE008.pdf

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Y-90 Glass Theraspheres
Solicitation number
HT941026AE008
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This is a Blanket Purchase Agreement (BPA) delivery order and contract documentation for Y-90 TheraSphere Glass Microspheres medical supplies issued by the Defense Health Agency (DHA) Healthcare Contracting Division-West to Boston Scientific Corporation.

The BPA covers the procurement of Y-90 TheraSphere Glass Microspheres for the Interventional Radiology Department at Tripler Army Medical Center (TAMC) in Honolulu, Hawaii. The contract runs from October 1, 2026, through September 30, 2031, with a total ceiling of $350,000.00 and no individual call order may exceed that amount. Pricing escalates annually on October 1st, starting at $23,000.00 per vial in fiscal year 2027 and increasing to $29,037.00 by fiscal year 2031, plus a $250.00 expedited shipping fee option. Items must be prepared and calibrated according to patient-specific Written Directives and conform to Nuclear Regulatory Commission guidelines, featuring an insoluble glass matrix with 20-30 micron microsphere size and approximately 2,500 becquerels average activity per microsphere. Delivery is FOB destination with paid freight to Tripler Army Medical Center Nuclear Medicine, Room 3A-104, Honolulu, HI 96859-5000, on a case-by-case basis with no partial shipments accepted. Payment terms are NET 30 days via Government Purchase Card (GPC) for orders up to $25,000 and Contract Ordering Official Cardholder (COOC) for amounts between $25,001 and $350,000, with invoicing submitted through Wide Area WorkFlow (WAWF). All costs associated with credit card use must be included in pricing. The contractor must maintain annual capacity reporting and notify the government when 75% of the ceiling ($262,500) is exceeded.

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14. SHIP TO

ORDER FOR SUPPLIES OR SERVICES

PAGE 1 OF

1. CONTRACT/PURCH ORDER/AGREEMENT NO. 2. DELIVERY ORDER/CALL NO. 3. DATE OF ORDER/CALL

(YYYYMMMDD)

4. REQUISITION/PURCH REQUEST NO. 5. PRIORITY

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than 6) CODE 8. DELIVERY FOB

DESTINATION

OTHER

(See Schedule if other)

10. DELIVER TO FOB POINT BY (Date)

(YYYYMMMDD)

12. DISCOUNT TERMS

13. MAIL INVOICES TO THE ADDRESS IN BLOCK

11. X IF BUSINESS IS

SMALL

SMALL DISAD-

VANTAGED

WOMEN-OWNED

CODE 15. PAYMENT WILL BE MADE BY CODE MARK ALL

PACKAGES AND

PAPERS WITH

IDENTIFICATION

NUMBERS IN

BLOCKS 1 AND 2.

16.

TYPE

OF

ORDER

DELIVERY/

CALL

PURCHASE

This delivery order/call is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract.

Reference your furnish the following on terms specified herein.

ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.

If this box is marked, supplier must sign Acceptance and return the following number of copies:

NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED

(YYYYMMMDD)

17. ACCOUNTING AND APPROPRIATION DATA/LOCAL USE

18. ITEM NO. 19. SCHEDULE OF SUPPLIES/SERVICES

20. QUANTITY

ORDERED/

ACCEPTED*

21.

UNIT

22. UNIT PRICE 23. AMOUNT

*If quantity accepted by the Government is same as quantity ordered, indicate by X.

If different, enter actual quantity accepted below quantity ordered and encircle.

24. UNITED STATES OF AMERICA 25. TOTAL

26.

DIFFERENCES

30. INITIALS

27a. QUANTITY IN COLUMN 20 HAS BEEN

INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO

THE CONTRACT EXCEPT AS NOTED:

c. DATE

(YYYYMMMDD)

b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

28. SHIP. NO.

PARTIAL

FINAL

31. PAYMENT

COMPLETE

PARTIAL

FINAL

29. D.O. VOUCHER NO.

32. PAID BY 33. AMOUNT VERIFIED CORRECT FOR

34. CHECK NUMBER

35. BILL OF LADING NO.

42. S/R VOUCHER NO.

36. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT.

a. DATE

(YYYYMMMDD)

b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

37. RECEIVED

AT

38. RECEIVED BY (Print) 39. DATE RECEIVED

(YYYYMMMDD)

40. TOTAL CON-

TAINERS

41. S/R ACCOUNT NUMBER

DD FORM 1155, DEC 2001 PREVIOUS EDITION IS OBSOLETE.

CONTRACTING/ORDERING OFFICER

9. CONTRACTOR CODE FACILITY

NAME

AND

ADDRESS

BY:

d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

f. TELEPHONE NUMBER g. E-MAIL ADDRESS

Section A - Solicitation/Contract Form TAMC 5 Year BPA Y-90 TheraSpheres

North American Industry Classification System (NAICS): 325412

Employees: 1300

HT941026AE008

Section B - Supplies or Services & Prices or Costs Additional Information/Notes

Price List Boston Scientific for Y-90 TheraSphere Glass Microspheres - Tripler Army Medical Center (TAMC)

Year Item GPC Card /COOC Card Pricing Contract/Call Order Pricing

1 Oct. 2026 - 30 Sep. 2027 Y-90 TheraSphere Glass Microspheres $23,000.00 $23,000.00

1 Oct. 2027 - 30 Sep. 2028 Y-90 TheraSphere Glass Microspheres $24,380.00 $24,380.00

1 Oct. 2028 - 30 Sep. 2029 Y-90 TheraSphere Glass Microspheres $25,843.00 $25,843.00

1 Oct. 2029 - 30 Sep. 2030 Y-90 TheraSphere Glass Microspheres $27,393.00 $27,393.00

1 Oct. 2030 - 30 Sep. 2031 Y-90 TheraSphere Glass Microspheres $29,037.00 $29,037.00

Expedited Shipping Fee $250.00.00 $250.00.00

Estimated Value of Potential Orders Maximum: 350,000.00 Dollars, U.S.

Purchase Limitation Maximum: 350,000.00 Dollars, U.S.

Section C - Description/Specifications/Statement of Work

Statement of Work

I. Introduction

This Statement of Work (SOW) is issued in accordance with FAR Part 12 for the acquisition of commercial items. The purpose is to procure Therasphere Yttrium- 90 Glass microspheres to support the operations of the Interventional Radiology Department, Tripler Army Medical Center (TAMC), Hawaii. The contractor shall supply all items, services, and delivery functions necessary to meet the requirements described herein, in accordance with standard commercial practices.

II. Description of Supplies/Equipment

The contractor shall provide commercially available items meeting the following requirements:

TheraSphereItem Name:

Quantity: Vials as needed on a case by case basis Specifications: prepared and calibrated gigabecquerels as needed per case by Authorized User and pre-administration Written Directive

The radioembolization brachytherapy microspheres must meet the following salient physical, functional, and/or performance characteristics:

insoluble glass matrix 20 to 30 micron microsphere size average activity per microsphere approximately 2500 becquerels calibrated to patient specific Written Directive

The items must conform to the specifications provided by the industry standard, Nuclear Regulatory Commission guidelines, and include any manufacturer's literature or documentation that verifies conformance.

III. Delivery Requirements

Delivery Location:

Tripler Army Medical Center Nuclear Medicine Room 3A-104 1 Jarrett White Road Honolulu, HI 96859-5000

Delivery Schedule:

Blanket Purchase Agreement (BPA) Delivery Period: Delivery Period: 1 October 2026 - 30 September 2031 Items shall be delivered on the following delivery date(s): October 1st to September 30th each fiscal year as requested on a case by case basis.

No partial shipments will be accepted.

Packaging & Marking:

Items should be packaged according to commercial standards to protect against damage during transit.

All shipments must be clearly marked with the contract number and item description.

IV. Quality Assurance & Inspection

Conformance:

All items shall be new, commercially acceptable, and conform to the performance specifications provided.

Inspection & Acceptance:

The Government reserves the right to inspect all deliveries at the point of receipt. Non-conforming items will be rejected and may be subject to replacement or repair at no additional cost.

Warranties:

All items must be covered by the manufacturer's warranty. The contractor shall provide warranties that the items will perform as described for a minimum period per Nuclear Regulatory Commission guidelines.

V. Invoicing and Payment DHA Contracting Officers are responsible for ordering and administering individual BPA Call Orders exceeding $350,000. All correspondence for the BPA must be addressed to the PCO and include the assigned BPA number. Orders below the $350,000.00 acquisition threshold shall be paid via Government Purchase Card (GPC) for amounts up to $25,000, and by the Contract Ordering Official Cardholder (COOC) for amounts ranging from $25,001 to $350,000.

Payments will be processed following Government acceptance of the items delivered, as stipulated by the payment provisions of the Blanket Purchase Agreement

(BPA).

Payment terms are NET 30 days.

Government Purchase Card (GPC) Payment Instructions:

Call orders are to be paid using the Government Purchase Card (GPC). Please adhere to the following instructions:

Pricing: All costs associated with using the credit card, such as transaction fees, must be included in the item price. (See FAR 52.232-36).

Invoicing: Invoices must itemize all delivered items or rendered services. If transportation charges are not included in the item cost, they must be listed as a separate line item on the invoice.

Billing Limits: Invoice and credit card charges must reflect monthly totals that do not exceed the call order limit.

Payment Authorization: Credit card charges will not be processed until the invoice has been certified and the cardholder has authorized payment.

Payment amounts: must be based on the actual cost of items delivered or services rendered.

Discrepancies: If billing amounts differ from those stated in the agreement, the vendor must contact the Contracting Officer, as well as the primary and alternate GPC cardholders, before continuing deliveries or services.

Modifications: Any request to modify the agreement must be submitted to the Contracting Officer.

Invoice Submission

Submit invoices to Wide Area WorkFlow (WAWF) POC:

WAWF Invoice will be submitted at BPA Call Level

Authorized Personnel:

The following individuals are authorized by the Contracting Officer to schedule deliveries for funded calls under this agreement.

Name: David Tabor Email: david.l.tabor2.civ@health.mil Phone: 808-433-5220

ALT POC:

Name: Sharon M Yamashita Email: sharon.m.yamashita.civ@health.mil Phone: (808) 433-6861 Pager: (808) 577-7445

ALT POC

Name: MAJ James Mega Email: james.d.mega.mil@health.mil Phone: (808) 433-6588

Invoices must reference the contract number and be submitted in accordance with the terms of the contract.

Payment:

Payments will be processed upon Government acceptance of the delivered items per the payment provisions of the contract.

Payment Instructions for Call Orders All invoicing, billing, and payment procedures will be conducted strictly in accordance with the specific payment instructions outlined in the individual Call Orders issued under BPA HT941026AE008

GPC POC:

Name: David Tabor Email: david.l.tabor2.civ@health.mil Phone: 808-433-5220

VI. Points of Contact

Government POC:

Interventional Radiology Name: David Tabor Email: david.l.tabor2.civ@health.mil Phone: 808-433-5220

Contractor POC: Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9)

POC:

Name: Jack Moore Email: jack.mooers@bsci.com Phone: 949-375-7095

Requirements Y-90 Glass Theraspheres

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Section F - Deliveries or Performance Overall Contract Delivery Period

Ordering Period From 01 Oct 2026 to 30 Sep 2031

The ordering period above may include unexercised options

Section G - Contract Administration Data

POINTS OF CONTACT INFORMATION

BLANKET PURCHASE AGREEMENT (BPA) NUMBER: HT941026A0008

EXTERIOR SHIPPING CONTAINER(S) OF ITEMS SHALL CONTAIN THE BELOW

Tripler Army Medical Center Nuclear Medicine: Room 3A-104 1 Jarrett White Road Honolulu, HI 96859-5000INFORMATION: MARK FOR:

Point of Contact (POC)/ Delivery:

Name: David Tabor Email: david.l.tabor2.civ@health.mil Phone: 808-433-5220

ALT POC:

Name: Sharon M Yamashita Email: sharon.m.yamashita.civ@health.mil Phone: (808) 433-6861 Pager: (808) 577-7445

ALT POC:

Name: MAJ James Mega Email: james.d.mega.mil@health.mil Phone: (808) 433-6588

For call orders issued by the contracting activity, include the BPA number, located in block 1 of this 1155, on all packing slips and ensure a copy CONTRACTOR:

of the packing slips are provided to the acceptor upon delivery at the facility designated in this order. Once you have entered your invoice in Wide Area Workflow (WAWF), please contact the below listed.

PAYMENT INSTRUCTIONS GPC:

Call orders shall be purchase by Government Purchase Card (GPC).

All costs associated with the use of the credit card (i.e., transaction fees), must be included in the price. See also FAR 52.232-36.

Invoices shall itemize all items delivered/services rendered. If transportation charges are not included in the cost of the items delivered/services rendered, they must be identified on the invoice as a separate item.

Invoice and credit card charges shall reflect monthly totals not to exceed the call order limit.

Call orders shall be paid by Government Purchase Card (GPC).

All costs associated with the use of the credit card (i.e., transaction fees), must be included in the price. See also FAR 52.232-36.

Invoices shall itemize all items delivered/services rendered. If transportation charges are not included in the cost of the items delivered/services rendered, they must be identified on the invoice as a separate item.

Invoice and credit card charges shall reflect monthly totals not to exceed the call order limit.

Submit invoice(s) to:

Tripler Army Medical Center Nuclear Medicine Name: David Tabor Email: david.l.tabor2.civ@health.mil Phone: 808-433-5220 Room 3A-104 1 Jarrett White Road Honolulu, HI 96859-5000

Credit card charges shall not be processed until the invoice has been certified and the cardholder has authorized payment. Payment amounts must be based on actual cost of items delivered/services rendered.

If amounts differ from amount stated within the agreement, the vendor shall contact the Contracting Officer and the primary and alternate GPC cardholders, before continuing deliveries/services. Any requests for modification must be submitted to the Contracting Officer.

Below is a list of individuals authorized to schedule deliveries on funded calls under this agreement authorized by the Contracting Officer:

Primary GPC Cardholder Under $25,000.00:

Name: David Tabor Email: david.l.tabor2.civ@health.mil Phone: 808-433-5220

DEFENSE HEALTH AGENCY, CONTRACTING ACTIVITY (DHA-CA), HEALTHCARE CONTRACTING DIVISION - WEST (HCD-W), ECHO/FOX BRANCH

BPA QUESTIONS:

Contract Specialist: Jason Willey, jason.d.willey.civ@health.mil Contracting Officer: Tracy Robinson, tracy.m.robinson18.civ@health.mil Contracting Officer: Eric Oshita, eric.h.oshita.civ@health.mil

Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9), 300 Boston Scientific WAY Marlborough, Massachusetts 01752CONTRACTOR:

POC:

Name: Jack Moore Email: jack.mooers@bsci.com Phone: 949-375-7095

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 (202) 433-4784.

For the local Pass and ID Office at the following location(s), call: Tripler Army Medical Center, Fort Shafter, HI (808) 787-1079

(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).

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Electronic invoicing.

Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this WAWF payment instructions.

contract or task or delivery order:

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

(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.

INVOICE AND RECEIVING REPORT COMBO

(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.

N/A

(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.

(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.

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

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 CALL LEVEL

Ship To Code CALL LEVEL

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance Payment request.

with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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.

CALL LEVEL

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

(End of clause)

Section H - Special Contract Requirements

TERMS AND CONDITIONS

IDENTIFICATION OF PROCURING CONTRACTING OFFICER / ORDERING OFFICER

The Procuring Contracting Office (PCO) is located at the Defense Health Agency (DHA), Healthcare Contracting Division-West (HCD-W), which is responsible for the overall administration of the Blanket Purchase Agreement (BPA). The PCO is responsible for the BPA in its entirety and possesses complete authority to modify the terms of the basic contract.

The scope of this BPA covers the Interventional Radiology Department, Tripler Army Medical Center (TAMC), located at Room 3A-104 1 Jarrett White Road Honolulu, HI 96859-5000. DHA Contracting Officers are responsible for the ordering and administration of individual BPA Call Orders. All correspondence regarding this BPA must be addressed to the PCO and must include the assigned BPA number.

The following location to be supported by this BPA is as follows:

Tripler Army Medical Center Nuclear Medicine Room 3A-104 1 Jarrett White Road Honolulu, HI 96859-5000

Point of Contact (POC)/ Delivery:

Name: David Tabor Email: david.l.tabor2.civ@health.mil Phone: 808-433-5220

ALT POC:

Name: Sharon M Yamashita Email: sharon.m.yamashita.civ@health.mil Phone: (808) 433-6861 Pager: (808) 577-7445

ALT POC

Name: MAJ James Mega Email: james.d.mega.mil@health.mil Phone: (808) 433-6588

ORDER ISSUANCE PROCEDURES:

Supplies may be ordered by the issuing activity using a DD Form 1155, "Order for Supplies and Services.

Ordering activities outside of the Interventional Radiology Department, Tripler Army Medical Center (TAMC) must contact the PCO Contract Specialist or Contracting Officer prior to issuing a BPA Call Order to ensure that sufficient capacity exists. Capacity requests can be submitted via email to the following contacts:

Contract Specialist: Jason Willey, jason.d.willey.civ@health.mil Contracting Officer: Tracy Robinson, tracy.m.robinson18.civ@health.mil Contracting Officer: Eric Oshita, eric.h.oshita.civ@health.mil HCD-W, Echo Branch Mailbox: dha.ncr.San-DiegoMarket.list.wmcd-rp-inbox-echo-owners@health.mil

ORDER PLACEMENT BY BPA CALL

This BPA authorizes the contractor to furnish supplies, through issuance of call orders by the Contracting Officer that is within the overall BPA ceiling of a total of $350,000.00 over the life of the BPA.

Obligation by the Government. The Government is obligated only to the extent of those authorized call orders that are actually made against the BPA by an authorized Contracting Officer.

Pricing. See Pricing List in section B of the BPA.

Order Limitation. No individual call shall exceed $350,000.00.

Delivery Tickets. The BPA shall include a requirement that all shipments will be accompanied with delivery tickets (in triplicate). Delivery tickets will be prepared by the contractor and must contain the following information:

(a) Name of supplier

(b) BPA number

(c) Date of Call

(d) Call number

(e) Itemized list of supplies furnished

(f) Quantity, unit price and extended prices of each item

(g) Date of delivery or shipment. The receiving activity designated in the BPA must sign three copies of the delivery ticket. The signature of the designated receiving activity constitutes acceptance by the Government. One ticket should be retained by the receiving activity and two copies returned to the contractor or their agent.

The contractor or their agent should be notified that signed delivery ticket is required to support their invoice.

Place of Delivery:

Tripler Army Medical Center Nuclear Medicine Phone: 808-433-5220 Room 3A-104 1 Jarrett White Road Honolulu, HI 96859-5000

Point of Contact (POC)/ Delivery:

David TaborName:

Email: david.l.tabor2.civ@health.mil

1.

2.

3.

Phone: 808-433-5220

ALT POC:

Name: Sharon M Yamashita Email: sharon.m.yamashita.civ@health.mil Phone: (808) 433-6861 Pager: (808) 577-7445

ALT POC:

Name: MAJ James Mega Email: james.d.mega.mil@health.mil Phone: (808) 433-6588

Call Order Invoicing. See DFARS 252.232-7006.

BPA REPORTING REQUIREMENTS

Annual Capacity Log Report: Contractor shall not accept orders that exceed the estimated maximum BPA value and/or the ordering period. Contractor shall submit a capacity log report annually of the Master BPA identifying total call orders received/awarded and in the format provided to the PCO. A Capacity Log Report format/ Excel spreadsheet will be provided to the contractor upon award. The contractor shall track and report when the total dollar value of all call orders exceeds 75% ($262,500) of the annual BPA ceiling of $350,000.00.

. The parties agree that during the term of this Agreement, Customer may purchase the Products on the price list at the PRODUCT PURCHASE AND PRICES prices indicated therein. may remove any Product(s) from this Agreement upon 30 days Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) prior written notice to Customer. All orders are subject to product availability and Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) acceptance of each order by Customer. The terms and conditions on call order forms issued by Customer shall not be deemed to be a part of this Agreement and shall not be deemed to modify or supplement this Agreement in any way, notwithstanding the fact that Boston Scientific Corporation (UEI: NDPWXJSVYVH9;

may acknowledge or otherwise approve such call orders. CAGE: 3S5G9)

The term of this Agreement (the "Term") shall commence on the date on which it has been executed by both parties (the "Effective Date") and shall expire TERM.

on 30 September 2031 unless earlier terminated as provided herein. In accordance with RFO 16.203-4(a)(1), the PCO shall review the BPA and determine in writing, at least once a year (February 1st of each year) whether estimated quantities/amounts have been exceeded and additional price reductions can be obtained. has the option of increasing the pricing once a year on 1 October of every Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) year. Notwithstanding the foregoing, in the event of an unusual increase in the cost of transportation, energy, raw materials, drugs, compounding, or other costs, fees or taxes due to any governmental act or regulation, event of nature or other event beyond the reasonable control of Boston Scientific Corporation (UEI:

and may increase its prices on the affected Solutions after providing written notice to Customer.NDPWXJSVYVH9; CAGE: 3S5G9)

All Products will be shipped F.O.B. facility, with paid freight. There will be no DELIVERY. Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) charge for local delivery.

For the purposes of this provision, "Confidential Information" means the terms of this Agreement and any other proprietary or confidential CONFIDENTIALITY.

information disclosed by one party to the other in connection with this Agreement.

During the term of this Agreement, neither the Customer nor shall:Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9)

Disclose the other party's Confidential Information to any person or entity outside its organization and affiliates.

Make any public announcement concerning the existence or terms of this Agreement.

Use (or permit its affiliates to use) the other party's Confidential Information for any purpose other than performance under this Agreement, unless prior written approval is received from the disclosing party.

Notwithstanding the restrictions above, a party may disclose Confidential Information as required by law, subpoena, or other judicial or administrative process, provided it gives the other party reasonable advance notice and an opportunity to seek confidential treatment or a protective order.

For the purposes of this Agreement, an "affiliate" is defined as any entity that controls, is controlled by, or is under common control with either Customer or Boston , where disclosure to such affiliate is reasonably necessary for performance under this Agreement.Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9)

If the Customer receives a request under the Freedom of Information Act (FOIA) or other applicable open records laws involving this Agreement, the Customer must immediately notify Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9). This notification must be provided in a timely manner to allow to take all necessary legal steps to prevent the disclosure of its proprietary or trade Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) secret information. Furthermore, the Customer agrees to release only the information directly applicable to the specific open records request, withholding any additional or extraneous details

MISCELLANEOUS:

ANTI-KICKBACK STATUTE. The Customer and intend for this Agreement to be Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) administered in strict accordance with the provisions of the federal Anti-Kickback Statute (42 U.S.C. (S) 1320a-7b(b)).

Discounts, Rebates, and Cost Reporting

To the extent that any discounts or rebates are issued by and received by the Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) Customer regarding products under this Agreement, such reductions may be considered "discounts or other reductions in price" under the Anti-Kickback Statute, Section 1128B(b)(3)(A) of the Social Security Act (42 U.S.C. (S) 1320a-7b(b)(3)(A)).

Customer Obligations: To the extent required by the Anti-Kickback Statute or the Discount Safe Harbor regulations (42 C.F.R. (S) 1001.952(h) et seq.), the Customer shall fully and accurately disclose these discounts and price reductions in accordance with applicable federal or state cost-reporting requirements. This includes disclosing and accurately reflecting these reductions, as appropriate, within the applicable reimbursement methodology.

Obligations: Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) shall provide the Customer with necessary sales and discount data to facilitate compliance with this section and the Discount Safe Harbor. This information will include sufficient discount, rebate, and pricing details to enable the Customer to accurately report its actual procurement costs for all purchases made under this Agreement.

Net Pricing: The total charges for all products purchased under this Agreement shall equal the contracted price minus any applicable discounts, rebates, or other price reductions.

STATEMENT REGARDING DEBARMENT/SUSPENSION/ EXCLUSION ISSUES.

Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) hereby certifies and warrants that:

Corporate Eligibility: is not currently excluded, debarred, suspended, or Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) otherwise ineligible to participate in any federal or state government procurement or healthcare program.

Personnel Eligibility: None of the personnel involved in the sale, distribution, or Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) support of products provided to the Customer under this Agreement are excluded, debarred, or suspended from participating in any federal or state government program.

FORCE MAJEURE AND PRODUCT ALLOCATION. Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) shall use commercially reasonable efforts to fill all orders.

shall not be held liable for any non-performance, losses, damages, or delays resulting Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) from causes beyond its reasonable control, including but not limited to:

Shortages in the supply of raw materials or active pharmaceutical ingredients (APIs) Manufacturing problems or supply chain disruptions Delivery, logistical, or labor disputes Intervention by any governmental authority or regulatory agency Fires, earthquakes, epidemics, natural calamities, or other acts of God

In the event of a supply shortage or any other event described above, the Customer agrees that Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE:

, without incurring any liability to the Customer, may allocate its remaining stock of Products among all of its customers in a fair and reasonable manner.3S5G9)

This Agreement shall be governed by and construed in accordance with Federal law. GOVERNING LAW.

. Any notice hereunder shall be in writing and sent via recognized express delivery courier or certified or registered mail, prepaid and return receipt NOTICES requested, addressed to the other Party at its address specified herein, or at such other address designated in a subsequent written notice.

ENTIRE AGREEMENT / MODIFICATIONS / WAIVER / ASSIGNMENT/

SEVERABILITY.

1. Entire Agreement This Agreement, including all exhibits hereto and the Section 1 - Contract Clauses ("CLAUSES INCORPORATED BY REFERENCE"), constitutes the entire agreement and understanding between the parties. It supersedes all prior understandings, negotiations, and discussions regarding the subject matter hereof.

2. Amendments and Waivers Written Amendments Required: No amendment, change, modification, or waiver of any provision of this Agreement shall be binding unless set forth in a formal written document signed by authorized representatives of both parties.

Email Exclusion: Email communications, electronic chat messages, or verbal agreements do not constitute a writing for the purposes of amending or modifying this Agreement.

No Ongoing Waiver: No waiver by either party of any specific breach by the other party shall be construed as a waiver of any subsequent breach.

3. Assignment Assignment to Affiliates: ; may assign this Agreement to an affiliate or successor in Boston Scientific Corporation (UEI: NDPWXJSVYVH9; CAGE: 3S5G9) interest without requiring the prior consent of or notice to the Customer.

Third-Party Assignment: Except as provided above, neither party may assign its rights, duties, or responsibilities under this Agreement to a third party without the prior written consent of the other party, which consent shall not be unreasonably withheld.

Binding Effect: Subject to these assignment restrictions, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and permitted assigns.

4. Survival of Terms Notwithstanding the termination or expiration of this Agreement, the following sections shall survive and remain in full force and effect:

Warranty & Return of Product Indemnification & Limitation of Liability Confidentiality Anti-Kickback Statute Force Majeure & Conditions of Sale Governing Law Entire Agreement / Modifications / Waiver / Assignment / Severability

5. Severability In the event that any portion of this Agreement is declared void, invalid, unenforceable, or illegal in any respect by a court or tribunal of competent jurisdiction, that specific provision shall be modified to comply with applicable law, or otherwise severed. The remaining provisions of this Agreement shall remain in full force and effect, unless the severance substantially alters the core obligations of the parties--in which case, this Agreement may be immediately terminated by either party.

6. Counterparts and Electronic Signatures This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Execution may be completed via original handwritten or certified electronic signatures.

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-3 Gratuities. Apr 1984 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038) Feb 2026

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038)

Feb 2026

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038) Feb 2026 52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026-O0038) Feb 2026 52.222-19 Child Labor-Cooperation with Authorities and Remedies. (Deviation 2026-O0038) Mar 2026 52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) Feb 2026 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. (Deviation 2026-O0038) Feb 2026 52.233-3 Protest after Award. (Deviation 2026-O0038) Feb 2026 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038) Feb 2026 52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) Feb 2026 52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038) Apr 2026

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.211-7008 Use of Government-Assigned Serial Numbers. Sep 2010 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023

252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1)

Feb 2024 Deviation 2024-O0006 Feb 2024

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 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 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

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/sites/default/files/page_file_uploads/RFO.pdf https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars

(End of clause)

52.252-6 Authorized Deviations in Clauses. (Nov 2020)

Authorized Deviations in Clauses (Nov 2020)

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 (a) of "(DEVIATION)" after the date of the clause.

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

(End of clause)

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. (Jan 2023)

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) . As used in this clause- Definitions

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

SEE SCHEDULE SEE SCHEDULE

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

SEE SCHEDULE SEE SCHEDULE

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .N/A

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .N/A

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/ IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.

(4) The Contractor shall ensure that- Data syntax and semantics of unique item identifiers.

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) . Unique item identifier

(i) The Contractor shall-

(A) Determine whether to-

Serialize within the enterprise identifier; (1)

Serialize within the part, lot, or batch number; or (2)

Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (3)

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL- STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch…

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