W91YTZ-16-T-0214post.doc

Section SF 1449 - CONTINUATION SHEET

ATROPINE .4MG/ML 3ML SYRINGE,

FFP

ATROPINE, 0.4MG/ML, 3ML SYRINGE, 25 EACH. STARTING 1 JUNE 2016 VENDOR WILL SHIP 25 EACH PREFILLED SYRINGES TO THE INPATIENT PHARMACY ON THE FIRST DAY OF THE MONTH FOR 4 MONTHS; WITH A 2ND SHIPPMENT IN SEPTEMBER ON THE 29TH FOR A TOTAL OF 5 SHIPPMENTS. PREFILLED SYRINGES MUST BE COMPOUNDED AS A 503B FACILITY THAT IS INSPECTED BY THE FDA. ADDITIONALLY, THE REQUESTED SYRINGES MUST COMPLY WITH ASTM D4774-11e1 (American Society for Testing and Materials) STANDARDS FOR LABELING ANESTHESIOLOGY DRUGS.

VENDOR WILL BE RESPONSIBLE FOR SUBMITTING THE INVOICES IN COMBO FORMAT WITHIN WAWF. PERIOD OF PERFORMANCE 1 JUNE 2016 TO 30 SEPTEMBER 2016.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010858948

NET AMT

SUCCINYLCHOLINE, 20MG/ML, 10ML SYRINGE,

SUCCINYLCHOLINE, 20MG/ML, 10ML SYRINGE, 200 EACH. STARTING 1 JUNE 2016 VENDOR WILL SHIP 200 EACH PREFILLED SYRINGES TO THE INPATIENT PHARMACY ON THE FIRST DAY OF THE MONTH FOR 4 MONTHS; WITH A 2ND SHIPPMENT IN SEPTEMBER ON THE 29TH FOR A TOTAL OF 5 SHIPPMENTS. PREFILLED SYRINGES MUST BE COMPOUNDED AS A 503B FACILITY THAT IS INSPECTED BY THE FDA. ADDITIONALLY, THE REQUESTED SYRINGES MUST COMPLY WITH ASTM D4774-11e1 (American Society for Testing and Materials) STANDARDS FOR LABELING ANESTHESIOLOGY DRUGS.

VENDOR WILL BE RESPONSIBLE FOR SUBMITTING THE INVOICES IN COMBO FORMAT WITHIN WAWF. PERIOD OF PERFORMANCE 1 JUNE 2016 TO 30 SEPTEMBER 2016.

NET AMT

LABETOLOL, 5MG/ML, 5ML SYRINGE,

LABETOLOL, 5MG/ML, 5ML SYRINGE, 15 EACH. STARTING 1 JUNE 2016 VENDOR WILL SHIP 15 EACH PREFILLED SYRINGES TO THE INPATIENT PHARMACY ON THE FIRST DAY OF THE MONTH FOR 4 MONTHS; WITH A 2ND SHIPPMENT IN SEPTEMBER ON THE 29TH FOR A TOTAL OF 5 SHIPPMENTS. PREFILLED SYRINGES MUST BE COMPOUNDED AS A 503B FACILITY THAT IS INSPECTED BY THE FDA. ADDITIONALLY, THE REQUESTED SYRINGES MUST COMPLY WITH ASTM D4774-11e1 (American Society for Testing and Materials) STANDARDS FOR LABELING ANESTHESIOLOGY DRUGS.

VENDOR WILL BE RESPONSIBLE FOR SUBMITTING THE INVOICES IN COMBO FORMAT WITHIN WAWF. PERIOD OF PERFORMANCE 1 JUNE 2016 TO 30 SEPTEMBER 2016.

NET AMT

LIDOCAINE, 2%, 5ML, 5ML SYRINGE,

LIDOCAINE, 2%, 5ML, 5ML SYRINGE, 125 EACH. STARTING 1 JUNE 2016 VENDOR WILL SHIP 125 EACH PREFILLED SYRINGES TO THE INPATIENT PHARMACY ON THE FIRST DAY OF THE MONTH FOR 4 MONTHS; WITH A 2ND SHIPPMENT IN SEPTEMBER ON THE 29TH FOR A TOTAL OF 5 SHIPPMENTS. PREFILLED SYRINGES MUST BE COMPOUNDED AS A 503B FACILITY THAT IS INSPECTED BY THE FDA. ADDITIONALLY, THE REQUESTED SYRINGES MUST COMPLY WITH ASTM D4774-11e1 (American Society for Testing and Materials) STANDARDS FOR LABELING ANESTHESIOLOGY DRUGS.

VENDOR WILL BE RESPONSIBLE FOR SUBMITTING THE INVOICES IN COMBO FORMAT WITHIN WAWF. PERIOD OF PERFORMANCE 1 JUNE 2016 TO 30 SEPTEMBER 2016.

NET AMT

NEOSTIGMINE, 1MG/ML, 5ML SYRINGE,

NEOSTIGMINE, 1MG, 5ML SYRINGE, 50 EACH. STARTING 1 JUNE 2016 VENDOR WILL SHIP 50 EACH PREFILLED SYRINGES TO THE INPATIENT PHARMACY ON THE FIRST DAY OF THE MONTH FOR 4 MONTHS; WITH A 2ND SHIPPMENT IN SEPTEMBER ON THE 29TH FOR A TOTAL OF 5 SHIPPMENTS. PREFILLED SYRINGES MUST BE COMPOUNDED AS A 503B FACILITY THAT IS INSPECTED BY THE FDA. ADDITIONALLY, THE REQUESTED SYRINGES MUST COMPLY WITH ASTM D4774-11e1 (American Society for Testing and Materials) STANDARDS FOR LABELING ANESTHESIOLOGY DRUGS.

VENDOR WILL BE RESPONSIBLE FOR SUBMITTING THE INVOICES IN COMBO FORMAT WITHIN WAWF. PERIOD OF PERFORMANCE 1 JUNE 2016 TO 30 SEPTEMBER 2016.

NET AMT

ROCURONIUM, 10MG/ML, 5ML SYRINGE,

ROCURONIUM, 10MG/ML, 5ML SYRINGE, 200 EACH. STARTING 1 JUNE 2016 VENDOR WILL SHIP 200 EACH PREFILLED SYRINGES TO THE INPATIENT PHARMACY ON THE FIRST DAY OF THE MONTH FOR 4 MONTHS; WITH A 2ND SHIPPMENT IN SEPTEMBER ON THE 29TH FOR A TOTAL OF 5 SHIPPMENTS. PREFILLED SYRINGES MUST BE COMPOUNDED AS A 503B FACILITY THAT IS INSPECTED BY THE FDA. ADDITIONALLY, THE REQUESTED SYRINGES MUST COMPLY WITH ASTM D4774-11e1 (American Society for Testing and Materials) STANDARDS FOR LABELING ANESTHESIOLOGY DRUGS.

VENDOR WILL BE RESPONSIBLE FOR SUBMITTING THE INVOICES IN COMBO FORMAT WITHIN WAWF. PERIOD OF PERFORMANCE 1 JUNE 2016 TO 30 SEPTEMBER 2016.

NET AMT

GLYCOPYRROLATE, .2MGMG/ML, 5ML SYRINGE,

GLYCOPYRROLATE,0.2MG 5ML SYRINGE,170 EACH. STARTING 1 JUNE 2016 VENDOR WILL SHIP 170 EACH PREFILLED SYRINGES TO THE INPATIENT PHARMACY ON THE FIRST DAY OF THE MONTH FOR 4 MONTHS; WITH A 2ND SHIPPMENT IN SEPTEMBER ON THE 29TH FOR A TOTAL OF 5 SHIPPMENTS. PREFILLED SYRINGES MUST BE COMPOUNDED AS A 503B FACILITY THAT IS INSPECTED BY THE FDA. ADDITIONALLY, THE REQUESTED SYRINGES MUST COMPLY WITH ASTM D4774-11e1 (American Society for Testing and Materials) STANDARDS FOR LABELING ANESTHESIOLOGY DRUGS.

VENDOR WILL BE RESPONSIBLE FOR SUBMITTING THE INVOICES IN COMBO FORMAT WITHIN WAWF. PERIOD OF PERFORMANCE 1 JUNE 2016 TO 30 SEPTEMBER 2016.

NET AMT

PHENYLEPHRINE, 100MCG/ML, 10ML SYRINGE,

PHENYLEPHRINE, 100MCG/ML,10ML SYRINGE, 500 EACH. STARTING 1 JUNE 2016 VENDOR WILL SHIP 500 EACH PREFILLED SYRINGES TO THE INPATIENT PHARMACY ON THE FIRST DAY OF THE MONTH FOR 4 MONTHS; WITH A 2ND SHIPPMENT IN SEPTEMBER ON THE 29TH FOR A TOTAL OF 5 SHIPPMENTS. PREFILLED SYRINGES MUST BE COMPOUNDED AS A 503B FACILITY THAT IS INSPECTED BY THE FDA. ADDITIONALLY, THE REQUESTED SYRINGES MUST COMPLY WITH ASTM D4774-11e1 (American Society for Testing and Materials) STANDARDS FOR LABELING ANESTHESIOLOGY DRUGS.

VENDOR WILL BE RESPONSIBLE FOR SUBMITTING THE INVOICES IN COMBO FORMAT WITHIN WAWF. PERIOD OF PERFORMANCE 1 JUNE 2016 TO 30 SEPTEMBER 2016.

NET AMT

EPHEDRINE, 10MG/ML, 5ML SYRINGE,

EPHEDRINE, 10MG/ML, 5ML, 75 EACH. STARTING 1 JUNE 2016 VENDOR WILL SHIP 75 EACH PREFILLED SYRINGES TO THE INPATIENT PHARMACY ON THE FIRST DAY OF THE MONTH FOR 4 MONTHS; WITH A 2ND SHIPPMENT IN SEPTEMBER ON THE 29TH FOR A TOTAL OF 5 SHIPPMENTS. PREFILLED SYRINGES MUST BE COMPOUNDED AS A 503B FACILITY THAT IS INSPECTED BY THE FDA. ADDITIONALLY, THE REQUESTED SYRINGES MUST COMPLY WITH ASTM D4774-11e1 (American Society for Testing and Materials) STANDARDS FOR LABELING ANESTHESIOLOGY DRUGS.

VENDOR WILL BE RESPONSIBLE FOR SUBMITTING THE INVOICES IN COMBO FORMAT WITHIN WAWF. PERIOD OF PERFORMANCE 1 JUNE 2016 TO 30 SEPTEMBER 2016.

NET AMT

ESMOLOL, 10MG/ML, 10ML SYRINGE,

ESMOLOL, 10MG/ML, 10ML SYRINGE, 15 EACH. STARTING 1 JUNE 2016 VENDOR WILL SHIP 15 EACH PREFILLED SYRINGES TO THE INPATIENT PHARMACY ON THE FIRST DAY OF THE MONTH FOR 4 MONTHS; WITH A 2ND SHIPPMENT IN SEPTEMBER ON THE 29TH FOR A TOTAL OF 5 SHIPPMENTS. PREFILLED SYRINGES MUST BE COMPOUNDED AS A 503B FACILITY THAT IS INSPECTED BY THE FDA. ADDITIONALLY, THE REQUESTED SYRINGES MUST COMPLY WITH ASTM D4774-11e1 (American Society for Testing and Materials) STANDARDS FOR LABELING ANESTHESIOLOGY DRUGS.

VENDOR WILL BE RESPONSIBLE FOR SUBMITTING THE INVOICES IN COMBO FORMAT WITHIN WAWF. PERIOD OF PERFORMANCE 1 JUNE 2016 TO 30 SEPTEMBER 2016.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2016

WOMACK ARMY MEDICAL CENTER

4-2817 REILLY ROAD

FORT BRAGG, NC NC 28310

W36XTM

30-SEP-2016

W36XTM

30-SEP-2016

W36XTM

30-SEP-2016

W36XTM

30-SEP-2016

WOMACK ARMY MEDICAL CENTER

4-2817 REILLY ROAD

FORT BRAGG, NC NC 28310

W36XTM

30-SEP-2016

WOMACK ARMY MEDICAL CENTER

4-2817 REILLY ROAD

FORT BRAGG, NC NC 28310

W36XTM

30-SEP-2016

W36XTM

30-SEP-2016

W36XTM

30-SEP-2016

W36XTM

30-SEP-2016

W36XTM

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO 52.212-4

(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 herein for locations where full text can be found.

(End of Clause)

CLAUSES INCORPORATED BY REFERENCE

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)

52.219-28 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 325412 assigned to contract number W91YTZ-16-P- .

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

(End of clause)

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://www.farsite.hil.af.mil www.accquisition.gov (End of clause)

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.

(End of clause)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2015)

(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.

Contractor information system means an information system belonging to, or operated by or for, the Contractor.

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 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 information that--

(i) Is--

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

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

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or disseminationcontrols pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

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.

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 information is recorded, stored, or printed within an 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.

Rapid(ly) report(ing) 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-Non Commercial 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 for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall--

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum--

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government--

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

(B) 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; or

(ii) 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)(i) of this clause--

(A) 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,'' http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the DoD 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; or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO; and

(2) Apply other security measures when the Contractor reasonably determines that such measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

(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, 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. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by 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 a covered contractor information system, including subcontracts for commercial items, without alteration, except to identify the parties;

and

(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.

(End of clause)

252.204-7015 DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS (FEB 2014)

(a) Definitions. As used in this clause:

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 an expert or technical consultant) providing litigation support under a contract with the Department of Defense that contains this clause.

Sensitive information means confidential 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.

(b) Authorized disclosure. 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.

(End of clause)

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.

(End of clause)

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)

_x__ Invoice and Receiving Report (COMBO) ___ Invoice as 2-in-1 (Services Only) ___ Receiving Report (Government Only)

CAGE CODE:

ISSUE BY DODAAC: W91YTZ

ADMIN BY DODAAC: W91YTZ

INSPECT BY DODAAC: W36XTM

ACCEPT BY DODAAC:

W36XTM

SHIP TO DODAAC: W36XTM

LOCAL PROCESSING OFFICE DODDAC: W36XTM

PAYMENT OFFICE FISCAL STATION CODE: HQ0490

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

INSPECTOR Primary: JOHNNIE, CASADY johnnie.casady.civ@mail.mil

Alternate:

ACCEPTOR Primary: JOHNNIE, CASADY johnnie.casady.civ@mail.mil

Alternate:

RECEIVING OFFICE POC: Primary: Reginald Johnson reginald.johnson.civ@mail.mil

Alternate:

CONTRACT ADMINISTRATOR/ SPECIALIST: Mary A. Mitchell Martin, (910) 643-2119

FAX: (910) 907-9307, mary.a.mitchellmartin.civ@mail.mil CONTRACTING OFFICER: See Block 31b on SF1449 for email address.

ADDITIONAL CONTACT:

Any modification requests must be in writing and submitted to:ADMIN DODAAC.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (MAR 2016)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) XX (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO 52.212-1

Paragraph (a) is hereby replaced with the following:

(a). The Government reserves the right to award to other than the low offeror for the best price that is advantageous to the Government using Technical, Past Performance and Price.

(b). The total evaluated price must be reasonable, and any additional expense must be justified by a corresponding value for technical merit, or an expectation of greater quality of performance.

(c). Contractors may not qualify if any of the following are not met:

(1) Proposal does not reasonably address the requirements in the request for proposal (RFP).

(2) Proposal includes major deficiencies or omissions which discussions could not be expected to cure without a major revision or a new proposal.

(3) Proposal is so technically inferior or so out of line in price as compared to other proposals as to preclude it from having a reasonable chance for award.

(d) The Government reserves the right to conduct discussions, if necessary.

PART I: TECHINICAL EVALUATION:

Technical evaluation will be based on the following:

(a) The offeror’s technical proposal and all submitted literature must be complete. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation for substantiating that the items offered meet the requirements of the solicitation. The proposal shall not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address that the products offered clearly meet the Government’s requirements. Offerors shall assume that the Government has no prior knowledge, and will base its evaluation solely on the information presented in the offeror’s proposal.

(b) The information provided by the offeror will be a significant factor in the Government’s determination of technical acceptability. Technical capability should include product literature, catalog price lists if available; warranties, guarantees, technical specifications, and delivery information.

(c) Offeror shall submit one (1) sanitized copy of their technical proposal.

(d) Failure to submit a technical proposal that suports the following: PREFILLED SYRINGES MUST BE COMPOUNDED AS A 503B FACILITY THAT IS INSPECTED BY THE FDA. ADDITIONALLY, THE REQUESTED SYRINGES MUST COMPLY WITH ASTM D4774-11e1 (American Society for Testing and Materials) STANDARDS FOR LABELING ANESTHESIOLOGY DRUGS; will result in the proposal being rated Unacceptable.

The following ratings will be used in evaluating each offeror’s technical proposal. Acceptable and Unacceptable.

Acceptable – To receive this an acceptable rating, the offeror shall present a proposal that clearly and comprehensively addresses the technical factors. The offeror shall provide sufficient details for the Government to determine that the items offered satisfactorily meet the minimum requirements of the solicitation. The proposal shall clearly demonstrate that the offeror fully understands and is capable of performing the requirement for the total proposed price indicated in its proposal.

Unacceptable – An unacceptable rating will be assessed on any offeror that presents a proposal that does not clearly meet the minimum requirements of the solicitation.

PART II: PAST PERFORMANCE.

Offeror is required to submit information on a single page identifying federal, state, local Government and private contracts performed within the past three years (from the date this solicitation is issued) which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. Information provided by the Contractor shall state the type of service provided with information to verify references: Names; telephone and fax numbers; Points of Contact; amount of contract; and email addresses. Past performance shall be used as an evaluation factor within the Lowest Price Technically Acceptable (LPTA) process, unless waived by the Procuring Contracting Officer (PCO) in accordance with FAR 15.101- 2(b). It shall be evaluated in accordance with FAR 15.305 and DFARS 215.305. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an “acceptable” or “unacceptable” basis using the ratings below.

Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See Note below).

Unacceptable: Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Evaluation of past and present performance will be subjective based on consideration of all relevant factors and circumstances. The currency, content, general trends, and relevance of the information in Contractor’s performance will be considered. Providing incorrect references and phone numbers may render your proposal as unacceptable. The Government may also consider and use any additional information from its own files, databases such as the Past Performance Information Retrieval System (PPIRS), references provided by the offeror, or from any source it deems appropriate. The Government may survey references to verify information provided and may survey other sources known to the Government.

If adverse past and present performance information is obtained, the respective point of contact may be contacted to obtain additional information about the circumstances surrounding the situation. Offerors will be given an opportunity to address unfavorable reports of past and present performance to which the offeror has not had a previous opportunity to respond. The offeror’s response, or lack thereof, will be taken into consideration. If an offeror does not have a past and present performance history relating to the solicitation, the offeror will not be evaluated favorably or unfavorably, and a neutral rating will be given for this factor. Offerors receiving a rating of neutral will be considered for award.

PART III: PRICE.

Fill in the prices for CLINS 0001 through CLIN 0010 on the Standard Form 1449 Offer Schedule B. The information provided will be used to assist in the price analysis. Price will be evaluated separately from Technical and will be evaluated for fairness and reasonability.

Award will be made to the lowest priced technically acceptable offeror with an acceptable record of past performance.

(m) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found.

(End of Provision)

CLAUSES INCORPORATED BY REFERENCE

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

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.