A.09.03_W81K00-17-R-0017_Conformed_0001.pdf

SEE ADDENDUM

(No Collect Calls)

W81K00-17-R-0017 04-May-2017

b. TELEPHONE NUMBER

210-221-3159

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 05 Jun 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W81K009. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CALVIN L. BLUE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W40M USA HLTH CONTRACTING ACT

SOUTHERN REG CONTR OFC

3551 ROGER BROOK DR BLDG 3600

FORT SAM HOUSTON TX 78234-6200

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

325412

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF101

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W81K00-17-R-0017

Section SF 30 - BLOCK 14 CONTINUATION PAGE

QUESTIONS AND ANSWERS

Q&A - W81K00-17-R-0017, Compounded Pharmaceuticals Q1. Is it a requirement for the vendor/compounding pharmacy to be both 503B facility and PCAB certified or ONE or the Other would suffice?

A1. Government Response: Yes, the vendor/ compounding pharmacy needs to be both 503B facility and PCAB certified.

Q2. Can vendor/contractor submit quotations for few items they can provide? In other words, 5 items out of total 50?

A2. Government Response: Reference page 60 of the solicitation, which states:

Sub-factor 1A - Product Availability - Offeror shall specifically identify within their offer whether their company is capable of providing the compounded pharmaceuticals listed within the schedule at the specified dosage, potency and delivery method specified in the solicitation. In order to be deemed acceptable in this sub factor vendor must be able to at least provide all of the required compounded pharmaceuticals for at least one of the government facilities (SAMMC or WBAMC).

Q3. Is the vendor/contractor allowed to procure some items from other 503b or PCAB accredited facility and re-supply directly?

A3. Government Response: Per FDA – Any re-supply Pharmacy needs to be both 503B facilities and PCAB certified as set forth by FDA which states, "The law defines an "outsourcing facility" as a facility at one geographic location or address that is engaged in the compounding of sterile drugs; has elected to register as an outsourcing facility; and complies with all of the requirements of section 503B." As long as the compounding company is operating within the regulation set forth by FDA and the items are traceable for recall purposes.

Q4. Clarification of item#.

Item #0011 - Dilating Ophthalmic eye drops > What are the dilating pharmacological agents? Unit size 5 ml or 10 ml?

Or are we allowed to quote on an established formula that we have in our formulary?

A4. Government Response: Item #0011 - Dilating Ophthalmic eye drops - "12mL of Tropicamide 1% and Phenylephrine 5% with Edetate Disodium as a buffer and Benzalkonium Chloride as a preservative. Total of 15mL in a sterile eye dropper bottle". Formulas must meet the recommended dosages, concentrations listed in the solicitation.

Q5 Item #0006 - Jessner's solution 14%: what is the preferred formula? Bottle size 30 ml, 60 ml? Looking for a particular manufactured product or a compounded product following USP 797 guidelines is acceptable?

A5. Government Response: Item #0006 - Jessner's solution 14%- Rescorcinol 8.4GM, Salicylic Acid 8.4GM, Lactic Acid 8.4mL, QASD with Ethanol 10ml in appropriate container (30ml bottle minimum).

Q6. Item #0013 - Phenol 6% - 10 ml in SWFI Is this a sterile injection form to be supplied in 10 ml vial? Intended use?

A6. Government Response: Item #0013 - Phenol 6% - 10 ml in SWFI- 10 ml - Phenol crystals In Sterile

Water for Injection (SWFI) 10mL (Syringe for injection or vials are acceptable). Injection for Intractable Pain.

Q7. Item#0017 - Tetracaine 6% topical viscous

What is the unit size - 30 ml, 60 ml?

A7. Government Response: Item#0017 - Tetracaine 6% topical viscous- Tetracaine HCL Hydroxyethyl Cellulose in sterile water (SW) 10ml prefilled syringe for oral use (to reduce potential injection) - ENT procedures

Q8. Item#0020 - BLT cream (benz20, Lido20 tetra) What is the '%" of Tetracaine component? Unit size?

A8. Government Response: Item#0020 - BLT cream (benz20, Lido20 tetra)- This item has been clarified.

It now states 20%/10%/6%.

Q9. Item#26 - Oxytocin 30 unit 500 ml bag Is this the same as item #12 (Oxytocin 30 unit in 500 ml of Lactated Ringer?

A9. Government Response: Yes, #26 is for WBAMC and #12 is for SAMMC

Q10. Item # 0050 - Oxytocin 20 unit 1000 ml What is the base solution? Lactated Ringer or Normal Saline?

A10. Government Response: WBAMC: Base solution is Lactated Ringer.

Q11. Page 28: CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER

VALUE

. Is Maximum quantity specified in the table is the maximum orderable quantity per order from you to the vendor at a time? Example: Item# 0011: Dilating Ophthalmic drops on page 8 indicate quantity as 30,687 vs. maximum orderable quantity 763 (on table in page 28).

A11. Government Response: The government is contemplating a 5 year Indefinite Delivery, Indefinite Quantity (IDIQ) contract type. Therefore, quantities for all five years are included in the line item maximum amount. Page 28: CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY

AND CLIN

ORDER VALUE describes the maximum delivery order amounts per delivery order made under the IDIQ contract. Therefore, in most instances this would be the min/max annual quantities.

Q12. Page 57: "4. The Contractor shall provide compounded pharmaceuticals meeting the minimum shelf life and potency within +/- 10% specification listed in Attachment III -Pharmaceutical Shelf Life."

ATTACHEMENT III - PHAMACEUTICAL SHELF LIFE - unable to see attachment or missing?

A12. Government Response: The language for this requirement has been revised to state, “The Contractor shall provide the shelf life for each compounded pharmaceuticals proposed.”

Q13. ITEM 4 and 5....need to know the type container, size of the container (mL's), also the manufacturer of the pump these preparations are infused through, A13. Government Response: Preservative free IV bag 150ml, Sterile Nonpyrogenic/ Non latex/Non DEHP. Alaris Pump.

Q14 . ITEM 25 MIDAZOLAM Bag......need to know the diluent required D5 of 0.9% Sodium Chloride.

A14. Government Response: 0.9% Sodium Chloride

Q15. In terms of usage, is it annual or over the contract period?

A15. Government Response: See answer to question number 5.

Q16. In terms of units, we understand each but what quantity (each) results in a case?

A16. Government Response: This is a clerical error. All units of issue are each. This has been corrected on the amended copy of the solicitation.

Q17. Currently we offer some of the products but not all. However, most, if not all, of these items are in our pipeline. I will be more than happy to provide you with an explanation of where we are for each product.

A17. Government Response: Any proposal submitted will be evaluated based on the terms and conditions set forth in the solicitation. The addendum to FAR 52.212-1 provides the instructions for proposal submission and the addendum to 52.212-2 explains the evaluation process of proposals submitted.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 535 Each Cardioplegia 15meq K in 477.5mL

FFP

Cardioplegia 15meq K in 477.5mL. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010969791

NET AMT

0002 1,989 Each Dexamethasone 24mg/mL 1mL Syringe PF

FFP

Dexamethasone 24mg/mL 1mL Syringe PF.Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0003 35,700 Each "Ephedrine Sulfate 5mg/mL in (10mL NS Sy

FFP

"Ephedrine Sulfate 5mg/mL in (10mL NS Sy.Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0004 2,244 Each "Fentanyl Citrate 2mcg/mL & Bupivacaine

FFP

"Fentanyl Citrate 2mcg/mL & Bupivacaine.Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0005 4,488 Each "Fentanyl Citrate 2mcg/mL/ & Ropivacaine

FFP

"Fentanyl Citrate 2mcg/mL/ & Ropivacaine. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0006 204 Each Jessner#s Topical Solution 14%

FFP

Jessner#s Topical Solution 14%. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0007 357 Each Glycerin 99% Sterile Anhydrous in Steril

FFP

Glycerin 99% Sterile Anhydrous in Sterile.Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0008 26,775 Each Hydromorphone 0.4mg/mL (12mg/30mL) Alari

FFP

Hydromorphone 0.4mg/mL (12mg/30mL) Alari.Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0009 8,925 Each "Ketamine 10mg/1mL (10ml NS Syringe)

FFP

"Ketamine 10mg/1mL (10ml NS Syringe).Pharmaceuticals will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0010 25,200 Each "Ketamine 500mg/250mL NS

FFP

"Ketamine 500mg/250mL NS. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0011 30,687 Each Dilating Ophthalmic drops

FFP

Dilating Ophthalmic drops. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0012 4,488 Each Oxytocin 30 units in 500mL in Lactated R

FFP

Oxytocin 30 units in 500mL in Lactated Ringers. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0013 459 Each "Phenol 6% (10mL SWFI)

FFP

"Phenol 6% (10mL SWFI). Pharmaceutical quantities are estimated andwill be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0014 35,700 Each "Phenylephrine 40mcg/mL (10mL NS Syringe

FFP

"Phenylephrine 40mcg/mL (10mL NS Syringe). Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0015 35,700 Each Rocuronium 10mg/mL Syringe

FFP

Rocuronium 10mg/mL Syringe.Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0016 35,700 Each "Succinylcholine 20mg/mL (10ml NS Syring

FFP

"Succinylcholine 20mg/mL (10ml NS Syring). Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0017 918 Each "Tetracaine HCl 6% Topical Viscous SW

FFP

"Tetracaine HCl 6% Topical Viscous SW.Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0018 25,200 Each "Epinephrine 10mcg/mL in (5mL NS Syringe

FFP

"Epinephrine 10mcg/mL in (5mL NS Syringe. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0019 2,703 Each Burn ointment - Jar

FFP

Burn ointment - Jar. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0020 102 Each BLT cream

FFP

(BLT) Benzocaine 20%, /Lidocaine 10% , Tetracaine 6% Cream. 454 gram.

Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0021 357 Each Glycerin 48%/Lido 1%/Epi 1:100,000 in 5m

FFP

Glycerin 48%/Lido 1%/Epi 1:100,000 in 5m. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0022 2,703 Each Boric Acid (ear Capsule)

FFP

Boric Acid (ear Capsule). Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0023 2,703 Each CASH Capsules (Chloramphenical 50mg/ Amp

FFP

CASH Capsules (Chloramphenical 50mg/ Amp. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the San Antonio Military Medical Center's Pharmacy Department.

0024 1,530 Each

FENTANYL 10MCG/ML 150ML BAG

FFP

FENTANYL CITRARE 10MCG/ML 150ML BAG. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

PURCHASE REQUEST NUMBER: 0010963280

0025 1,440 Each

MIDAZOLAM 1MG/ML 150ML BAG

FFP

MIDAZOLAM 1MG/ML 150ML BAG. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0026 3,519 Each

OXYTOCIN 30U 500ML BAG

FFP

OXYTOCIN 30U 500ML BAG. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0027 1,632 Each

HYDROMORPHONE 0.2MG/ML 50 CAD

FFP

HYDROMORPHONE 0.2MG/ML 50 CAD.Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0028 1,632 Each

GRAY C2 CADD CASS 50ML, (#1)

FFP

GRAY C2 CADD CASS 50ML, (#1). Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0029 2,295 Each

MORPHINE 1MG/ML 50ML CADD

FFP

MORPHINE 1MG/ML 50ML CADD. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0030 2,295 Each

GRAY C2 CADD CASS 50ML, (#2)

FFP

GRAY C2 CADD CASS 50ML, (#2). Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0031 2,295 Each

0.2% ROPIVACAINE 250ML CADD

FFP

0.2% ROPIVACAINE 250ML CADD. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0032 2,295 Each

YELLOW CADD CASS 250ML, (#1)

FFP

YELLOW CADD CASS 250ML, (#1). Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0033 1,632 Each

0.2% ROPIVACAINE 600ML BAG

FFP

0.2% ROPIVACAINE 600ML BAG. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0034 12,480 Each

KETAMINE 10MG/ML 5ML SYR

FFP

KETAMINE 10MG/ML 5ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0035 4,182 Each

DEXMEDETOMIDINE 10MCG/ML 5MSY

FFP

DEXMEDETOMIDINE 10MCG/ML 5M SYR.Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0036 4,182 Each

EPHEDRINE 10MG/ML 5ML SYR

FFP

EPHEDRINE 10MG/ML 5ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0037 5,508 Each

ROCURONIUM 10MG/ML 5ML SYR

FFP

ROCURONIUM 10MG/ML 5ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0038 2,703 Each

ATROPINE 0.4MG/ML 3ML SYR

FFP

ATROPINE 0.4MG/ML 3ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0039 1,938 Each

ESMOLOL 10MG/ML 10ML SYR

FFP

ESMOLOL 10MG/ML 10ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0040 3,978 Each

NEOSTIGMINE 1MG/ML 5ML SYR

FFP

NEOSTIGMINE 1MG/ML 5ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0041 4,233 Each

GLYCOPYRROLATE 0.2MG/ML 5M SY

FFP

GLYCOPYRROLATE 0.2MG/ML 5M SY. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center;s Pharmacy Department.

0042 8,058 Each

2% LIDOCAINE 5ML SYR

FFP

2% LIDOCAINE 5ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0043 3,315 Each

LABETALOL 5MG/ML 10ML SYR

FFP

LABETALOL 5MG/ML 10ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0044 9,602 Each

PROPOFOL 10MG/ML 20ML SYR

FFP

PROPOFOL 10MG/ML 20ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0045 6,375 Each

PHENYLEPHRINE 100MCG/ML 10 SYR

FFP

PHENYLEPHRINE 100MCG/ML 10 SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0046 7,956 Each

FENTANYL 50MCG/ML 3ML SYR

FFP

FENTANYL 50MCG/ML 2mL in a 3ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0047 7,956 Each

FENTANYL 50MCG/ML 5ML SYR

FFP

FENTANYL 50MCG/ML 5ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0048 11,934 Each

MIDAZOLAM 1MG/ML 3ML SYR

FFP

MIDAZOLAM 1MG/ML 2mL in a 3ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0049 7,856 Each

MIDAZOLAM 1MG/ML 5ML SYR

FFP

MIDAZOLAM 1MG/ML 5ML SYR. Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

0050 3,519 Each

OXYTOCIN 20U 1000ML BAG

FFP

OXYTOCIN 20U 1000ML BAG . Pharmaceutical quantities are estimated and will be ordered and delivered on an as needed basis for the William Beaumont Army Medical Center's Pharmacy Department.

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER

VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1.00

150.00

0002 1.00

560.00

0003 1.00

1,080.00

0004 1.00

633.00

0005 1.00

1,267.00

0006 1.00

58.00

0007 1.00

100.00

0008 1.00

7,560.00

0009 1.00

2,520.00

0010 1.00

0011 1.00

763.00

0012 1.00

1,267.00

0013 1.00

130.00

0014 1.00

10,080.00

0015 1.00

0016 1.00

0017 1.00

260.00

0018 1.00

0019 1.00

0020 1.00

29.00

0021 1.00

101.00

0022 1.00

0023 1.00

0024 1.00

432.00

0025 1.00

288.00

0026 1.00

994.00

0027 1.00

461.00

0028 1.00

398.00

0029 1.00

648.00

0030 1.00

562.00

0031 1.00

0032 1.00

0033 1.00

398.00

0034 1.00

3,686.00

0035 1.00

1,181.00

0036 1.00

1,022.00

0037 1.00

1,555.00

0038 1.00

648.00

0039 1.00

547.00

0040 1.00

1,123.00

0041 1.00

1,195.00

0042 1.00

2,275.00

0043 1.00

936.00

0044 1.00

2,660.00

0045 1.00

1,800.00

0046 1.00

2,246.00

0047 1.00

1,946.00

0048 1.00

3,370.00

0049 1.00

1,946.00

0050 1.00

994.00

ORDERING INSTRUCTIONS

MAXIMUMs

The maximum amount the Government may order under the contract is listed in the CLIN Delivery /Task Order Minimum/Maximum Quantity And CLIN Order Value Table.

DELIVERY ORDER PROCEDURES.

1. The final unit prices established in any contract resulting from this solicitation will be applicable to any delivery orders issued under the contract. The Government will only pay for actual quantities ordered and accepted, regardless of the quantities established on the contract and any delivery order issued thereunder. Therefore, the offeror is hereby informed that the final unit prices are not subject to adjustment on the basis of a difference between estimated and actual quantities.

2. Delivery orders will be issued for the San Antonio Military Medical Center (SAMMC), Fort Sam Houston and the William Beaumont Army Medical Center, Fort Bliss TX.

3. Performance under a delivery order shall commence only upon receipt of a fully executed delivery order issued via electronic mail (e-mail), regular mail, facsimile, or by verbal direction of the Contracting Officer. If a verbal order is given, a written delivery order will be established within five days that verifies the verbal order.

Federal Acquisition Regulation (FAR) 52.216-19, Order Limitations, lists the minimums and maximums associated with each delivery order.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government

0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government 0028 Destination Government Destination Government 0029 Destination Government Destination Government 0030 Destination Government Destination Government 0031 Destination Government Destination Government 0032 Destination Government Destination Government 0033 Destination Government Destination Government 0034 Destination Government Destination Government 0035 Destination Government Destination Government 0036 Destination Government Destination Government 0037 Destination Government Destination Government 0038 Destination Government Destination Government 0039 Destination Government Destination Government 0040 Destination Government Destination Government 0041 Destination Government Destination Government 0042 Destination Government Destination Government 0043 Destination Government Destination Government 0044 Destination Government Destination Government 0045 Destination Government Destination Government 0046 Destination Government Destination Government 0047 Destination Government Destination Government 0048 Destination Government Destination Government 0049 Destination Government Destination Government 0050 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-JUL-2017 TO

30-SEP-2021

N/A W2DN BROOKE ARMY MED CTR

DIRECT DELIVERY

PROPERTY BOOK 01

3551 ROGER BROOKE DRIVE BLDG 3600

FORT SAM HOUSTON TX 78234-6200

W81NTE

0002 POP 01-JUL-2017 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0016 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0017 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0018 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0019 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0020 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0021 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0022 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0023 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0024 POP 01-JUL-2017 TO

N/A W0Q3 WM BEAUMONT MED SUP ACCT

W0Q3 BEAUMONT ARMY MED CTR

INSTL MED SUP ACCT

BLDG 11156 EDWARDS STREET

FORT BLISS TX 79918-8006

210-221-7141

W45XTK

0025 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0026 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0027 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0028 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0029 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0030 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0031 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0032 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0033 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0034 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0035 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0036 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0037 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0038 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0039 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0040 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0041 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0042 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0043 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0044 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0045 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0046 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0047 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0048 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0049 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0050 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

ADDENDUM TO 52.212-4

(v) The contractor shall comply with OTSG/MEDCOM Policy Memo 13-062, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP), 12 Nov 2013. The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract.

The contractor shall require all Contract Service Providers (CSP) with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor isproviding services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

The contractor shall require all CSPs with knowledge of an incident of sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

The contractor shall ensure all service providers receive Sexual Harassment/Assault Response and Prevention (SHARP) training not later than 60 calendar days after contractor personnel begin performance under this contract.

Training can be obtained either online or in person. Contractor personnel can attend SHARP training provided by MEDCOM on an every other month basis by contacting (210) 221-6118 for class date/time and availability. If the employee has an AKO account, they can access online the Team Bound Self Study course through Army Learning Management System (ALMS) at http://www.atsc.army.mil/tadlp/delivery/alms.asp

Advisory publications

Army Regulation 600-20, Army Command Policy, 20 Sep 2012 OTSG/MEDCOM Policy Memo 13-062, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Responses Program (SHARP), 12 Nov 2013

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

(End of Addendum)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7021 Trade Agreements--Basic DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

CERTIFIED COST OR PRICING DATA (OCT 2010)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 July 2017 through 31 May 2021.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $3000.00;

(2) Any order for a combination of items in excess of 25,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

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

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

(3) For long-term contracts--

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

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

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

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.''

(b) This required employee notice, printed by the Department of Labor, may be--

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.

Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3)…