W81K02-17-T-0094.pdf

W81K02-17-A-0011

BPA Master Dollar Limit: $600,000.00 BPA Call Limit: $150,000.00

Period of Performance: 01-May-2017 to 30-Apr-2022

FSC Codes:

TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR A BLANKET PURCHASE AGREEMENT (BPA)

BETWEEN

XXXXXXXX

AND

REGIONAL HEALTH CONTRACTING OFFICE -PACIFIC

TRIPLER ARMY MEDICAL CENTER

BLANKET PURCHASE AGREEMENT NO. XXXXXXXXXX

Authority:

In accordance with FAR Subpart 13.303, the subject BPA is established with

XXXXXXXXXXX

Description of Agreement:

The agreement shall be effective for a term of 5 years or NTE $600,000 starting on May 1, 2017. The BPA may be renegotiated at the end of each contract year.

XXXXXXX published product descriptions and pricing is attached hereto and incorporated herein by reference. It is the basis for all pricing.

Extent of Obligation:

The vendor’s prices provided at time of award shall be in the awarded BPA. Vendors may submit BPA price revision requests in writing to the Contracting Officer 30 days, at minimum, prior to the proposed effective date. The revised price list, if approved by the Contracting Officer, shall be incorporated into the BPA via a bilateral modification to the BPA. The Government is obligated only to the extent of calls (i.e., orders) placed by Individuals authorized to Place Calls and the purchase limitations of this BPA.

Purchase Limitations:

The BPA Master Dollar Limit is $600,000.00 NTE a period of 5 Years and the BPA per call limit is $150,000.00.

BPA Call Limit - $25,000.00 (if placed via Government Purchase Card) BPA Call Limit - $150, 000.00 (if ordered through the Contracting Office) BPA Master Dollar Limit - $600,000.00 (for life of Agreement)

Individual(s) Authorized to Purchase under the BPA:

The Contracting Office will provide the vendor a separate notification of the appointed Individuals authorized to Place Calls. All RCHO-P Contracting Officers are also permitted to act as Individuals Authorized to Purchase.

A call number will be provided by the authorized individual placing the call. Each order under this agreement will be assigned a call code/number. Call numbers will consist of a two-alphabetic position code. The alphabetic position code identifies who is placing the call against the BPA.

Orders will be placed on an as needed basis.

EQUIPMENT as defined herein as a non-expendable item that is maintenance significant and/or property-accountable, regardless of cost, SHALL NOT BE PURCHASED VIA THIS BPA.

Delivery Tickets:

All packing lists (delivery tickets) shall contain the following minimum information:

1. Name of supplier.

2. BPA number.

3. Date of purchase.

4. Call or purchase order number.

5. Name of authorized representative placing the call.

6. Itemized list of supplies furnished.

7. Quantity, unit price, extension of each item, less applicable discounts.

8. Date of delivery or shipment.

PAYMENT INFORMATION:

FOR PAYMENT BY GOVERNMENT PURCHASE CARD

Payment will be by the government purchase card cardholder who is the authorized individual(s) to place orders

The billing period shall be from the 20th through the 19th of each month. The firm shall submit itemized invoice(s) for all deliveries made during the billing period to the Individual Authorized in the GPC Delegation Memo placing the call. These invoices need not be supported by copies of delivery tickets.

A summary invoice shall be submitted at the end of the month for all deliveries made during the billing period.

FOR PAYMENT BY iRAPT

Any calls/transactions that exceed the $25,000.00 per call limit SHALL ONLY BE MADE BY A RHCO-P Contracting Officer.

All calls will be issued against the same CAGE code listed on page 1 of the BPA award.

All call orders exceeding $25,000 per call limit will be provided by RHCO-P to the vendor for each required order.

Orders will be placed on an as needed basis.

Contractor shall submit their invoice online via iRAPT for payment; Government receiving/accepting official will be listed in the iRAPT clause.

CONTRACTOR POINT OF CONTACT:

The Contractor has designated the following person/place to respond to calls for assistance and other matters regarding the furnishing of required supplies or services:

Please mark all shipments or invoices with BPA number: and the Call Number provided by the Individuals authorized to Place Calls.

(End of clause)

ATTACHMENT 1

Salient Characteristics

Provide a pricelist that includes items that meet all of the salient characterisitcs that would typically be used for various breast implant supplies.

The Government reserves the right to add items that meet the required performance characteristics for various breast implant supplies in the event of technological advances, or when required items are discontinued and replacements are available.

1. Adjustable crescent shaped tissue expanders shall allow for a cohesive fit under the breast tissue.

2. Expander surface shall be designed to promote tissue adherence and tissue expander immobility.

3. Device shall anchor to pocket tissue, allowing for placement support.

4. Shall be used for breast reconstruction surgery following mastectomy.

5. Shall have a textured shell, orientation marks for alignment and have a tracking number

6. Shall cover round smooth saline implants, anatomic textured silicone shaped implants (gummy bear implants), and smooth round silicone breast implants to meet varied reconstructive needs.

7. Shall have physical warehouse located on Oahu for surgical supplies.

8. Shall have a full-time device representative available on Oahu to assist with surgical supply needs.

9. All orders shall be delivered to TAMC within 72 hours that the call order is made by the individual authorized to order.

10. Shall be FDA Approved.

ITEM LIST

Brand Name or Equal (Allergen)

STYLE 15, 158 CC IMPLANT

15-158

EA

STYLE 410,FF, 18S CC IMPLANT

FF-41018S

STYLE 410,FF, 220 CC IMPLANT

FF-410220

STYLE 410,FF, 2SS CC IMPLANT

FF-4102SS

STYLE 410,FF, 290 CC IMPLANT

FF-410290

STYLE 410,FF, 33S CC IMPLANT

FF-41033S

STYLE 410,FF, 37S CC IMPLANT

FF-41037S

STYLE 410,FF, 42S CC IMPLANT

FF-41042S

STYLE 410,FF, 47S CC IMPLANT

FF-41047S

STYLE 410,FF, S3S CC IMPLANT

FF-410S3S

STYLE 410,FF, S9S CC IMPLANT

FF-41059S

STYLE 410,FF, 6SS CC IMPLANT

FF-4106S5

STYLE 410,FF, 740 ,CC IMPLANT

FF-410740

STYLE 410,FX, 18SG CC IMPLANT

FX-41018S

STYLE 410, FX, 21SG CC IMPLANT

FX-41021S

STYLE 410,FX, 24SG CC IMPLANT

FX-41024S

STYLE 410,FX, 280G CC IMPLANT

FX-410280

STYLE 410,FX, 31SG CC IMPLANT

FX-410315

STYLE 410, FX, 360G CC IMPLANT

FX-410360

STYLE 410, FX, 410G CC IMPLANT

FX-410410

STYLE 410, FX, 4SOG CC IMPLANT

FX-410450

STYLE 410, FX, 495G CC IMPLANT

FX-410495

STYLE 410, FX, 560G CC IMPLANT

FX-410560

STYLE 410, FX, 615G CC IMPLANT

FX-410615

STYLE 410,FX, 690G CC IMPLANT

FX-410690

STYLE 410,FX, 775G CC IMPLANT

FX-41077S

STYLE S, 176 CC IMPLANT

S-176

STYLE 15, 194 CC IMPLANT

S-194

STYLE 15,213 CC IMPLANT

S-213

STYLE 15, 234 CC IMPLANT

15-234

STYLE S, 26S CC IMPLANT

15-265

STYLE S, 286 CC IMPLANT

15-286

STYLE S, 304 CC IMPLANT

15-304

STYLE 15, 339 CC IMPLANT

15-339

STYLE 15, 371 CC IMPLANT

15-371

STYLE S, 397 CC IMPLANT

15-397

STYLE 15,421 CC IMPLANT

15-421

STYLE S,4S7 CC IMPLANT

1S-4S7

STY LE S, 492 CC IMPLANT

15-492

STYLE 15, 533 CC IMPLANT

S-533

STYLE S, S7S CC IMPLANT

1S-S7S

STYLE S, 616 CC IMPLANT

15-616

STYLE S, 6S9.CC IMPLANT

1S-6S9

STYLE 15, 700 CC IMPLANT

S-700

STYLE S, 752 CC IMPLANT

15-752

STYLE 20 120 CC IMPLANT

20-120

STYLE 20 140 CC IMPLANT

20-140

STYLE 20 160 CC IMPLANT

20-160

STYLE 20 180 CC IMPLANT

20-180

STYLE 20 200 CC IMPLANT

20-200

STYLE 20 230.CC IMPLANT

20-230

STYLE 20 260 CC IMPLANT

20-260

STYLE 20 280 CC IMPLANT

20-280

STYLE 20 300 CC IMPLANT

20-300

STYLE 20 325 CC IMPLANT

20-325 .

STYLE 20 350 CC IMPLANT

20-350

STYLE 20 375 CC IMPLANT

20-375

STYLE 20 400 CC IMPLANT

20-400

STYLE 20 425 CC IMPLANT

20-425

STYLE 20 450 CC IMPLANT

20-450

STYLE 20 475 CC IMPLANT

20-475

STYLE 20 500 CC IMPLANT

20-500

STYLE 20 550 CC IMPLANT

20-550

STYLE 20 600 CC IMPLANT

20-600

STYLE 20 650 CC IMPLANT

20-650

STYLE 20 700 CC IMPLANT

20-700

STYLE 20 750 CC IMPLANT

20-750

STYLE 20 800 CC IMPLANT

20-800

STYLE 45 120 CC IMPLANT 4S-120 EA 1

STYLE 45 160 CC IMPLANT

45-160

STYLE 45 200 CC IMPLANT

45-200

STYLE 45 240 CC IMPLANT

45-240

STYLE 45 280 CC IMPLANT

45-280

STYLE 45 320 CC IMPLANT

45-320

STYLE 45 360 CC IMPLANT

45-360

STYLE 45 400 CC IMPLANT

45-400

STYLE 45 460 CC IMPLANT

45-460

STYLE 45 500 CC IMPLANT

45-500

STYLE 45 550 CC IMPLANT

45-550

STYLE 45 600 CC IMPLANT

45-600

STYLE 45 650 CC IMPLANT

45-650

STYLE 45 700 CC IMPLANT

45-700

STYLE 45 800 CC IMPLANT

45-800

STYLE 133LV TIS EXP 150CC

133LV-11

STYLE 133LV TIS EXP 200CC

133LV-12

STYLE 133LV TIS EXP 300CC

133LV-13

STYLE 133LV TIS EXP 350CC

133LV-14

STYLE 133LV TIS EXP 400CC

133LV-15

STYLE 133LV TIS EXP 500CC

133LV-16

STYLE 133FX TIS EXP 350CC

133FX-11

STYLE 133FX TIS EXP 450CC

133FX-12

STYLE 133FX TIS EXP 550CC

133FX-13

STYLE 133FX TIS EXP 650CC

133FX-14

STYLE 133FX TIS EXP 800CC

133FX-15

STYLE 133FX TIS EXP 950CC

133FX-16

STYLE 133MX TIS EXP 300CC

133MX-11

STYLE 133MX TIS EXP 400CC

133MX-12

STYLE 133MX TIS EXP SOOCC

133MX-13

STYLE 133MX TIS XP 600CC

133MX-14

STYLE 133MX TIS EXP 700CC

133MX-15

STYLE 133MX TIS EXP 850CC

133MX-16

STYLE 168 120CC IMPLANT

168-120

STYLE 168 SOCC IMPLANT

168-150

STYLE 168 180CC IMPLANT

168-180

STYLE 168 210CC IMPLANT

168-210

STYLE 168 240CC IMPLANT

168-240

STYLE 168 270CC IMPLANT

168-270

STYLE 168 300CC IMPLANT

168-300

STYLE 168 330CC IMPLANT

168-330

STYLE 168 360CC IMPLANT

168-360

STYLE 168 390CC IMPLANT

168-390

STYLE 168 420CC IMPLANT

168-420

STYLE 168 450CC IMPLANT

168-450

STYLE 168 480CC IMPLANT

168-480

STYLE 168 510CC IMPLANT

168-510

STYLE 168 550CC IMPLANT

168-550

STYLE 168 600CC IMPLANT

168-600

STYLE 168 650CC IMPLANT

168-650

STYLE 168 700CC IMPLANT

168-700

STYLE 168 750CC IMPLANT

168-750

STYLE 168 800CC IMPLANT

168-800

STYLE 363LF 170 CC IMPLANT

363LF-170

STYLE 363LF 200 CC IMPLANT

363LF-200

STYLE 363LF 230 CC IMPLANT

363LF-230

STYLE 363LF 260 CC IMPLANT

363LF-260

STYLE 363LF 300 CC IMPLANT

363LF-300

STYLE 363LF 330 CC IMPLANT

363LF-330

STYLE 363LF 370 CC IMPLANT

363LF-370

STYLE 363LF 410 CC IMPLANT

363LF-410

STYLE 363LF 450 CC IMPLANT 363LF-450

STYLE 363LF 510 CC IMPLANT

363LF-510

STYLE 363LF 560 CC IMPLANT

363LF-560

STYLE 363LF 620 CC IMPLANT

363LF-620

STYLE 363LF 690 CC IMPLANT

363LF-690

STYLE 468 195CC IMPLANT

468-195

STYLE 468 230CC IMPLANT

468-230

STYLE 468 270CC IMPLANT

468-270

STYLE 468 300CC IMPLANT

468-300

STYLE 468 350CC IMPLANT

468-350

SlYLE 468 380CC IMPLANT

468-3.80

SlYLE 468 450CC IMPLANT

468-450

STYLE 468 495CC IMPLANT

468-495

STYLE 468 560CC IMPLANT

468-560

STYLE 468 620CC IMPLANT

468-620

STYLE 68 120CC IMPLANT

68-120

STYLE 68150CC IMPLANT

68-150

STYLE 68 180CC IMPLANT

68-180

STYLE 68 210CC IMPLANT

68-210

STYLE 68 240CC IMPLANT

68-240

SlYLE 68 270CC IMPLANT

68-270

SlYLE 68 300CC IMPLANT

68-300

STYLE 68 330CC IMPLANT

68-330

SlYLE 68 360CC IMPLANT

68-360

STYLE 68 390CC IMPLANT

68-390

STYLE 68 420CC IMPLANT

68-420

STYLE 68 450CC IMPLANT

68-450

STYLE 68 480CC IMPLANT

68-480

STYLE 68 SlOCC IMPLANT

68-510

STYLE 68 550CC IMPLANT

68-550

STYLE 68 600CC IMPLANT

68-600

SlYLE 68 650CC IMPLANT

68-650

SlYLE 68 700CC IMPLANT

68-700

STYLE 68 750CC IMPLANT

68-750

STYLE 68 800CC IMPLANT

68-800

STYLE 68HP 160 CC IMPLANT

68HP-160

STYLE 68HP 200 CC IMPLANT

68HP-200

STYLE 68HP 240 CC IMPLANT

68HP-240

STYLE 68HP 280 CC IMPLANT

68HP-280

STYLE 68HP 320 CC IMPLANT

68HP-320

STYLE 68HP 350 CC IMPLANT

68HP-350

STYLE 68HP 400 CC IMPLANT

68HP-400

STYLE 68HP 425 CC IMPLANT

68HP-425

STYLE 68HP 465 CC IMPLANT

68HP-465

STYLE 68HP 500 CC IMPLANT

68HP-500

STYLE 68HP 550 CC IMPLANT

68HP-550

STYLE 68HP 600 CC IMPLANT

68HP-600

STYLE 68HP 650 CC IMPLANT

68HP-650

STYLE 68HP 700 CC IMPLANT

68HP-700

STYLE 68HP 750 CC IMPLANT

68HP-750

STYLE 68HP 800 CC IMPLANT

68HP-800

CLAUSES INCORPORATED BY REFERENCE

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

52.212-4 ADDENDUM

(w) UNILATERAL MODIFICATIONS

In addition to 52.212-4(c), the Government may make unilateral modifications considered administrative in nature.

These include, but are not limited to, changes in the accounting and appropriation data, payment and issuing office addresses, and other corrections that have no effect on the terms and conditions of the contract.

(x) 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.

(y) OTSG/MEDCOM Policy Memo 13-062 Implementation.

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 providing the required supplies under this contract.

All contractor personnel with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor is providing supplies under this contract shall immediately (within 24 hours) report the incident in writing to the government's contract POC. This reporting policy also applies to sexual assault incidents involving MEDCOM personnel that occur on the contractor’s owned or leased facility under this contract. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals, when the incidents occur on a Government facility or a Government leased facility.

All contractor personnel with knowledge of an incident of sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing supplies under this contract shall immediately (within 24 hours) report the incident in writing to the government's contract POC. This reporting policy also applies to sexual harassment incidents involving MEDCOM personnel that occur on the contractor’s owned or leased facility under this contract. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals, when the incidents occur on a Government facility or a Government leased facility.

The contractor shall ensure contractor personnel associated with this contract receive Sexual Harassment/Assault Response and Prevention (SHARP) training not later than 60 calendar days after the effective date of this contract.

Training can be obtained either online or in person. If contract individuals have 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

Mandatory Publications 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.

Deliverables due

Sexual Assault Reporting. The contractor will immediately (within 24 hours) submit a written report of an incident of sexual assault to the Government contract POC.

Sexual Harassment Reporting. The contractor will immediately (within 24 hours) submit a written report of an incident of sexual harassment to the Government contract POC.

(z) TAS Reporting For reporting purposes, FAR Clause 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards, the Treasury Account Symbol (TAS) is 97 0130.

(End Addendum 52.212-4)

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

52.219-8 Utilization of Small Business Concerns NOV 2016 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 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 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

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 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.

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).

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

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

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon aspractical, but not later than December 31, 2017.

For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

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

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

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

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

(c) Cyber incident reporting requirement.

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

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

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

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

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

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

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

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

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

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

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

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

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

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

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

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

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

(m) Subcontracts. The Contractor shall--

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to--

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT

(MAY 2016)

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

Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.

Litigation support means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.

Litigation support contractor means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

Sensitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.

Technical data means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

(b) Notice of authorized disclosures. Notwithstanding any other provision of this solicitation or contract, the Government may disclose to a litigation support contractor, for the sole purpose of litigation support activities, any information, including sensitive information, received—

(1) Within or in connection with a quotation or offer; or

(2) In the performance of or in connection with a contract.

(c) Flowdown. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items.

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

(a) The Contractor is not required to flow down the terms of any Defense Federal Acquisition Regulation Supplement (DFARS) clause in subcontracts for commercial items at any tier under this contract, unless so specified in the particular clause.

(b) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligation.

(c) The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract, including subcontracts for the acquisition of commercial items.

IRAPT

Invoicing, Receipt, Acceptance and Property Transfer (iRAPT) – formerly known as WAWF iRAPT is the authorized method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractor shall (i) register to use iRAPT at https://wawf.eb.mil and (ii) ensure an electronic business point of contract (POC) is designated in the System for Award Management at https://www.sam.gov within ten (10) calendar days after award of this contract/order.

iRAPT Instructions:

Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) location listed in Block 18a of your purchase order/contract. Please have your purchase order/contract number ready when calling about payments.

You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor . Your purchase order/contract number or invoice number will be required to inquire status of your payment.

The following codes and information will be required to assure successful flow of iRAPT documents.

Foreign Vendors will submit banking information in the Comments Tab of the iRAPT invoice.

TYPE OF DOCUMENT [X the appropriate block]

___ Invoice (Contractor Only)

___ Invoice and Receiving Report (COMBO)

_X_ Invoice as 2-in-1 (Services Only)

___ Receiving Report (Government Only)

CAGE CODE:

ISSUE BY DODAAC: WX3JN8

ADMIN BY DODAAC: W81K02

INSPECT BY DODAAC: WX3JN8

ACCEPT BY DODAAC: WX3JN8

SHIP TO DODAAC: WX3JN8

PAYMENT OFFICE FISCAL STATION CODE: HQ0490

EMAIL POINTS OF CONTACT LISTING: (Use Group e-mail accounts if applicable)

INSPECTOR Primary: Intentionally Left Blank ACCEPTOR Primary: Intentionally Left Blank

RECEIVING OFFICE POC: Primary: Intentionally Left Blank

CONTRACT ADMINISTRATOR/ SPECIALIST: Wendi Young-Asao wendi.t.young-asao.civ@mail.mil

CONTRACTING OFFICER: Sandy Mitsuda sandy.h.mitsuda.civ@mail.mil

Any modification requests must be in writing and submitted to: Usarmy.tripler.medcom-tamc.mbx.prco@mail.mil

(End)

HIPAA

Non-Defense Health Agency (Non-DHA) Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement (BAA) (7 July 2014)

Introduction

In accordance with 45 CFR 164.502(e)(2) and 164.504(e) and paragraph C.3.4.1.3 of DoD 6025.18-R, “DoD Health Information Privacy Regulation,” January 24, 2003, this document serves as a BAA between the signatory parties for purposes of the HIPAA and the “HITECH Act” amendments thereof, as implemented by the HIPAA Rules and DoD HIPAA Issuances (both defined below). The parties are a DoD Military Health System (MHS) component, acting as a HIPAA covered entity, and a DoD contractor, acting as a HIPAA business associate. The HIPAA Rules require BAAs between covered entities and business associates. Implementing this BAA requirement, the applicable DoD HIPAA Issuance (DoD 6025.18-R, paragraph C3.4.1.3) provides that requirements applicable to business associates must be incorporated (or incorporated by reference) into the contract or agreement between the parties.

(a) Catchall Definition. Except as provided otherwise in this BAA, the following terms used in this BAA shall have the same meaning as those terms in the DoD HIPAA Rules: Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices (NoPP), Protected Health Information (PHI), Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

—Breach means actual or possible loss of control, unauthorized disclosure of or unauthorized access to PHI or other PII (which may include, but is not limited to PHI), where persons other than authorized users gain access or potential access to such information for any purpose other than authorized purposes, where one or more individuals will be adversely affected. The foregoing definition is based on the definition of breach in DoD Privacy Act Issuances as defined herein.

—Business Associate shall generally have the same meaning as the term “business associate” in the DoD HIPAA Issuances, and in reference to this BAA, shall mean XXXXX.

—Agreement means this BAA together with the documents and/or other arrangements under which the Business Associate signatory performs services involving access to PHI on behalf of the MHS component signatory to this

BAA.

—Covered Entity shall generally have the same meaning as the term “covered entity” in the DoD HIPAA Issuances, and in reference to this BAA, shall mean U.S. Army Medical Command.

—DHA Privacy Office means the DHA Privacy and Civil Liberties Office. The DHA Privacy Office Director is the HIPAA Privacy and Security Officer for DHA, including the National Capital Region Medical Directorate

(NCRMD).

—DoD HIPAA Issuances means the DoD issuances implementing the HIPAA Rules in the DoD Military Health System (MHS). These issuances are DoD 6025.18-R (2003), DoDI 6025.18 (2009), and DoD 8580.02-R (2007).

—DoD Privacy Act Issuances means the DoD issuances implementing the Privacy Act, which are DoDD 5400.11 (2007) and DoD 5400.11-R (2007).

—HHS Breach means a breach that satisfies the HIPAA Breach Rule definition of breach in 45 CFR 164.402.

—HIPAA Rules means, collectively, the HIPAA Privacy, Security, Breach and Enforcement Rules, issued by the U.S. Department of Health and Human Services (HHS) and codified at 45 CFR Part 160 and Part 164, Subpart E (Privacy), Subpart C (Security), Subpart D (Breach) and Part 160, Subparts C-D (Enforcement), as amended by the 2013 modifications to those Rules, implementing the “HITECH Act” provisions of Pub. L. 111-5. See 78 FR 5566- 5702 (Jan. 25, 2013) (with corrections at 78 FR 32464 (June 7, 2013)). Additional HIPAA rules regarding electronic transactions and code sets (45 CFR Part 162) are not addressed in this BAA and are not included in the term HIPAA Rules.

—Service-Level Privacy Office means one or more offices within the military services (Army, Navy, or Air Force) with oversight authority over Privacy Act and HIPAA privacy compliance.

I. Obligations and Activities of Business Associate

(a) The Business Associate shall not use or disclose PHI other than as permitted or required by the Agreement or as required by law.

(b) The Business Associate shall use appropriate safeguards, and comply with the DoD HIPAA Rules with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by the Agreement.

(c) The Business Associate shall report to Covered Entity any Breach of which it becomes aware, and shall proceed with breach response steps as required by Part V of this BAA. With respect to electronic PHI, the Business Associate shall also respond to any security incident of which it becomes aware in accordance with any Information Assurance provisions of the Agreement.