CombinedSynopsisSolicitationProvisions_Clauses.docx

W91YTZ-16-T-0040

This is a combined synopsis/solicitation for a Blanket Purchase Agreement (BPA) for commercial items prepared in accordance with the format in FAR Subpart 13.3, 13.5 and AFARS Part 5113.303 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation: quotes are being requested and a written solicitation will not be issued. Solicitation number W81K00-16-T-0040 is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-84 and Defense Federal Acquisition Supplement Publication (DPN) 20151130.

This acquisition is issued on an UNRESTRICTED basis under NAICS code 325412 and size standard is 750. The Government anticipates awarding a single award issued as Firm Fixed Price BPA. The requirement of this solicitation is to procure Iodine used in the evaluation of the thyroid and to treat patients in therapy and ablation at Eisenhower Army Medical Center, Fort Gordon, GA 30905. Delivery starts no later than 30 days after award. All responsible sources may submit a quotation which shall be considered by the agency.

BLANKET PURCHASE AGREEMENT

BETWEEN

Contractor’s Name And Eisenhower Army Medical Center, Fort Gordon, GA (EAMC) Contract BPA Number W81K00-15-A-_________

Authority: This agreement is established in accordance with procedures at Federal Acquisition Regulation (FAR) Part 13, Subpart 13.303, Blanket Purchase Agreements (BPAs) and issued under the Simplified Procedures for Certain Commercial Items (SPCCI), Subpart 13.5.

(1) Description of Agreement

a. This Blanket Purchase Agreement (BPA) is provide Nuclear Radio Pharmaceuticals such as 123 Iodine 200Uci, 131 Iodine 15 Uci, 131 Iodine 100mCI, UltraTag RBC, Tc99m-MAG3 and various Nuclear Medicine Radio pharmaceuticals & Supplies effective for a term of five (5) years starting on the signature date through January 31, 2021 with appropriate updates and reviews. The BPA may be renegotiated at the end of each contract year. Either party may terminate this agreement by giving thirty (30) days written notice before the end of the BPA term.

b. (Contractor’s name) publish product catalog and their current price is the foundation upon which all pricing is based. Prices shall be based on the contractor's published price list and any discounts offered, and shall be as low, or lower than, those charged to the contractor's most favored customers for comparable quantities of similar items. The contract shall include JWOD items to the maximum extent possible and can be modified by mutual agreement based on review of actual usage patterns and needs.

c. (Contractor’s name) price list is effective (date of BPA) is hereby incorporated into this BPA as an attachment and will be updated annually. The price list shall remain effective until a request for revision is submitted, approved and incorporated by a Contracting Officer’s duly executed modification. The contractor shall submit BPA price revision requests in writing to the Contracting Officer 30 days, at minimum, prior to the proposed effective date. The government is only obligated to the extent of authorized purchases actually made under this BPA.

The BPA will be reviewed by the Contracting Officer at least once annually before the anniversary of the effective date, and revised to conform to all requirements of Statues, Executive Orders, and the FAR. Revisions will be evidenced by a modification to the BPA.

(2) Extent of Obligation

This BPA Does not obligate any funds. The government will be obligated only to the extent that authorized purchases are actually made under this BPA. Only Eisenhower Army Medical Center (EAMC) employees who order Nuclear Medicine Radio-Pharmaceuticals shall be responsible for payment of any obligation via their Government purchase card or by a funded BPA Call order from the Gordon Health Contracting Cell. The Government can estimate usage, but does not guarantee the volume of purchases through this agreement.

(3) Purchase Limitations:

Authorized individual calls shall not exceed $25,000. If a BPA CALL to order exceeds $25,000, the local Gordon Health Contracting Cell office supporting the respective EAMC is designated to place and administer a funded call number against this BPA, appoint a Contracting Officer, and assess contractor performance.

(4) Individuals Authorized to Purchase under the BPA

a. A list of individuals authorized to purchase under the BPA will be identified on the finalized BPA.

b. A call number will be provided by the authorized individual placing the call.

(5) Delivery Tickets

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

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(viii) Date of delivery or shipment

(6) Invoices/Payment

The contractor shall create a separate invoice for each call. A summary invoice shall be submitted, at least monthly, to the card holder or upon expiration of this BPA, whichever occurs, first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets. Email or mail invoices to the authorized individual placing the order. Payment will be made by Credit Card or a Funded BPA Call.

(7) Customer Service (Contractors Point of Contact Information and instructions for placing orders)

(8) Notification Concerning Unauthorized Calls

Any supplies/services provided pursuant to a call made by unauthorized personnel may result in the non-payment for such products or services, and possible cancellation of the agreement.

(9) Promotion

Contractor agrees it will not advertise the use of this BPA in such a manner as to state or imply that the Government endorses a product, service, project, or commercial line of endeavor.

(10) Performance Work Statement (PWS) (incorporated as attachment)

Solicitation Provisions *

52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (OCT 2015)

Addendum to 52.212-1 (Local Provision (LP) 5004) 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (OCT 2015)

Addendum to 52.212-1 (Local Provision (LP) 5004)

(b) Submission of offers. Quotes are due by January 28, 2016 at 04:00 pm EST. Quotes and questions shall be submitted via email to brigitte.r.huffin.civ@mail.mil; and carolyn.f.lovett.civ@mail.mil.

All responsible offerors must submit:

1. Price list and any discount terms of Iodine identified in the attached spreadsheet.

2. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3

(b) for those representations and certifications that the offer shall complete electronically)

(m) SUBSTITUTE ITEMS: If you plan to provide other than the brand name cited in the agreement description, provide in your response the brand name and the catalog or part number you intend to furnish and the characteristics of the substitute item that are equivalent to the brand name. Also provide all documents which clearly describe the item(s) so that it/they can be evaluated by the end user. Failure to submit the requested substitute item information before the closing date will eliminate the vendor from all further consideration. Items otherwise equal may not satisfy the requirement due to differences in material composition, size, environmental application, etc. If an item is furnished which does not meet the requirement the item will be returned at the vendor's expense for a full refund. Final decision as to award will be based on lowest price technically acceptable (technical acceptability is determined by the end-user).

(n) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and MEDCOM provisions included herein are incorporated into this solicitation either by reference or may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ https://acquisition.gov/far/index.html If incorporated by reference, see provision 52.252-1 for locations where full text can be obtained.

(p) This Solicitation must be quoted all or none.

(End of Provision)

52.203-2 -- CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

52.204-5 -- WOMEN-OWNED BUSINESS OTHER THAN SMALL BUSINESS (OCT 2014)

52.211-6 -- BRAND NAME OR EQUAL (AUG 1999)

52.223-1 -- BIOBASED PRODUCT CERTIFICATION (MAY 2012)

52.225-25 -- PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATION (OCT 2015)

52.209-2 -- PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS - REPRESENTATIONS (NOV 2015)

52.209-7 -- INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.215-20 -- REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010) ALTERNATE IV (OCT 2010)

52.216-1 -- TYPE OF CONTRACT (APR 1984)

52.225-17 -- EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)

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

52.252-5 -- AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (Insert “DoD FAR Supplement (48 CFR Chapter 2)” in paragraph (b)) 252.203-7005 -- REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) 252.203-7996 -- PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATIONS (DEVIATION 2016-O0003) (OCT 2015) 252.203-7997 -- PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003) (OCT 2015) 252.204-7008 –COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (DEVIATION 2016-O0001) (OCT 2015)

252.204-7011 -- ALTERNATIVE LINE-ITEM STRUCTURE (SEP 2011)

252.209-7991-- REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW - FISCAL YEAR 2016 APPROPRIATIONS (DEVIATION 2016-O0002) (OCT 2015) 252.213-7000 -- NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST PEFORMANCE INFORMATION RETRIEVAL SYSTEM — STATISTICAL REPORTING IN PAST PERFORMANCE EVALUATIONS (JUN 2015)

252.215-7007 -- NOTICE OF INTENT TO RESOLICIT (JUN 2012)

252.215-7008 -- ONLY ONE OFFER (OCT 2013)

252.222-7007 -- REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)

252.225-7018 -- PHOTOVOLTAIC DEVICES - CERTIFICATE (NOV 2015)

252.225-7020 -- TRADE AGREEMENTS CERTIFICATE (NOV 2014)

252.225-7035 -- BUY AMERICAN - FREE TRADE AGREEMENTS - BALANCE OF PAYMENTS PROGRAM CERTIFICATE - BASIC (NOV 2014)

252.225.7050 -- DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

252.247-7022 -- REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(End of Addendum to 52.212-1)

52.212-2 -- EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

Addendum to 52.212-2 (LP 5005 (LPTA)

(a) The Government will issue a BPA resulting from this combined/synopsis solicitation to the responsible contractor whose offer conforming to the solicitation; will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest Priced Technically Acceptable (LPTA). Award will be on an all or none basis.

1. Price. Award will be made on the basis of the lowest evaluated price of offers meeting or exceeding the acceptability standards for non-cost factors.

(i). An Adjectival Rating for Technical Capability is: Acceptable or Unacceptable:

(ii). Acceptable Rating: Offer clearly meets the minimum requirements of the solicitation.

(iii). Unacceptable Rating: Offer does not clearly meet the minimum requirements of the solicitation.

(End of Addendum to 52.212-2)

52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (MAR 2015) ALTERNATE I (MAR 2015)

CONTRACT CLAUSES

_X_ 52.212-4 -- CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (MAY 2015)

_X Addendum to 52.212-4 (Local Clause (LC) 5003)

(w) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found. (Do not include any clauses in the body of the addendum)

52.203-3 -- GRATUITIES (APR 1984)

52.203-6 -- 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 2015)

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 (OCT 2014)

52.219-16 -- LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN (JAN 1999)

52.222-3 -- CONVICT LABOR (JUN 2003

52.222-50 -- COMBATING TRAFFICKING IN PERSONS (MAR 2015) (For OCONUS, Use ALTERNATE I (MAR 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) 52.223-18 -- 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)

52.232-39 -- UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 -- PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.233-3 -- PROTEST AFTER AWARD (AUG 1996)

52.233-4 -- APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.237-3 -- CONTINUITY OF SERVICES (JAN 1991)

52.242-13 -- BANKRUPTCY (JUL 1995)

52.242-17 -- GOVERNMENT DELAY OF WORK (APR 1984)

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)

252.225-7001 -- BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM (NOV 2014)

252.225-7017-- PHOTOVOLTAIC DEVICES (NOV 2015)

252.225-7021 -- TRADE AGREEMENTS (OCT 2015)

252.225-7036 -- BUY AMERICAN–FREE TRADE AGREEMENTS–BALANCE OF PAYMENTS PROGRAM (NOV 2014)

252.225-7038 -- RESTRICTION ON ACQUISITION OF AIR CIRCUIT BREAKERS (JUN 2005)

252.225-7043 -- ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

(JUN 2015)

252.225-7048 -- EXPORT CONTROLLED ITEMS (JUN 2013)

252.229-7000 -- INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUN 1997)

252.229-7001 -- TAX RELIEF - BASIC (SEP 2014)

252.229-7002 -- CUSTOMS EXEMPTIONS (GERMANY) (JUN 1997)

252.232-7003 -- ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)

252.232-7006 -- WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

252.232-7009 -- MANDATORY PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD (DEC 2006)

252.232-7010 -- LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.232-7011 -- PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY OPERATIONS (MAY 2013) 52.208-9 -- CONTRACTOR USE OF MANADATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014)

52.209-10 -- PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) 52.217-7 -- OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM (MAR 1989)

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

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

52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 -- AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (Insert “DoD FAR Supplement (48 CFR Chapter 2)” in paragraph (b)) 252.204-7012 --SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEVIATION 2016-O0001) (OCT 2015) 252.204-7015 – DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS (FEB 2014) 252.216-7006 -- ORDERING (MAY 2011) (Use instead of 52.216-18)

252.219-7010 -- ALTERNATE A (JUN 1998)

252.219-7011 -- NOTIFICATION TO DELAY PERFORMANCE (JUN 1998)

252.244-7000 -- SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (JUN 2013)

252.246-7003 -- NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013)

252.246-7004 -- SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY OPERATIONS (OCT 2010)

252.247-7023 -- TRANSPORTATION OF SUPPLIES BY SEA – BASIC (APR 2014)

252.247-7024 -- NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

iRAPT (LC 5002)

HIPAA (LC 5001)

(End of Addendum to 52.212-4)

52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2015)