A.09.01_Combined_Synopsis_Solicitationrev20180830.doc

W91YTZ18Q0159

Combined Synopsis/Solicitation

The Regional Health Contracting Office-Atlantic, Womack Army Medical Center, Fort Bragg, NC 28310 intends to solicit, negotiate, and award multiple Blanket Purchase Agreements (BPAs) Scleral Lenses. This is a combined synopsis/solicitation for commercial Optometry supply items, various lenses, prepared in accordance with the format in FARSubpart 12.6, as supplemented with additional information included in this notice. Clauses and provisions throughout this solicitation may be viewed by accessing website www.farsite.hill.af.mil or https://acquisition.gov/far. All offerors are cautioned that if selected for award, they must be registered in the System for Award Management (SAM). SAM can be reached via Internet at www.sam.gov. Provide with your submission to this request your company’s Dunn and Bradstreet Number (DUNS); CAGE Code; Published Price Lists for evaluation purposes. Confirmation of SAM registration will be validated prior to awarding the Blanket Purchase Agreement. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation number W91YTZ18Q0159 is a request for quotes (RFQ). Period of Performance is 15 September 2018 through 31 August 2023, or until the total dollar value is expended, whichever comes first. This is an unrestricted procurement. The Standard Industrial Classification Code is 6515 and the NAICS Code is 339115.

The resulting awards will be made on SF 1155, for blanket purchase agreements (BPAs). All responses must be received by 7 September 2018 9:00 AM EST. The solicitation number for this requirement is W91YTZ18Q0159. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) is 2005-95 (19 Jan 17). Multiple BPAs will be issued.

Below are items that are described in a generic listing from the department that are needed in the day to day operations of the Optometry Department. Vendors shall provide their price lists with any discounts, along with unit of issue, price, total price, and identify if the item is on GSA Schedule or Open Market for all surgical products that are to be issued on this blanket purchase agreement. Vendors are required to have all items on their price lists. There is not a required format for providing information on types of scleral lenses.

ITEM NO. SUPPLIES/SERVICES

Provide purchased price list for multiple scleral lens diameters which fall in the range of 14 mm to 20 mm for a large range of corneal sizes.

EST. QUANTITY

UNIT UNIT PRICE

TOTAL AMOUNT

150 SETS PER YEAR

EA

Assumption: Price is the same for all size of lenses. If this is not the case, then add more lines for pricing.

If there is a discount for purchasing bulk lenses, please provide that information also.

-Not to Exceed 10 Day (Shipping Included)

-FOB Destination

Provide your Company’s Dunn and Bradstreet number (DUNS); CAGE code; tax ID number; and your Published Price list, by item number, for evaluation purposes.

Responses are to be emailed to Cynthia A. Richardson (cynthia.a.richardson.civ@mail.mil) no later than 21 August 2018, 9:00 AM EST.

The following provisions in their latest editions apply to this solicitation. FAR Clauses and provisions can be viewed at http://www.farsite.hil.af.mil and https://www.acquisition.gov Vendors shall include a completed copy of FAR provision 52.212-3 ALT 1, Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive.

Clause 52-212-4 Contract Terms and Conditions—Commercial items, applies to this acquisition to include any applicable addenda.

52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017).

Addendum to 52.212-4.

(w) The non-FAR Part 12 discretionary FAR, DFAR, 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.

(End of Addendum to 52.212-4).

52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards (OCT 2016)

52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred Suspended, or Proposed for Debarment (OCT 2015)

52.222-3 Convict Labor (Jun 2003).

52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2014).

52.222-21 Prohibition of Segregated Facilities (APR 2015 (EEO).

52.222-26 Equal Opportunity (APR 2015).

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014).

52.222-50 Combating Trafficking in Persons (MAR 2015)

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) 52.232-36 Payment by Third Party (MAY 2014)

52.232-37 Multiple Payment Arrangements (MAY 1999) 52.232-33 Payment by Electronic Funds Transfer (JUL 2013)

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).

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).

252.225-7036 Buy American –Free Trade Agreements –Balance of Payments Program (AUG 2016)

252.225-7048 Export Controlled items (JUN 2013)

252.232.7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012).

252.232-7010 Levies on Contract payments (DEC 2006)

CLAUSES INCORPORATED IN FULL TEXT.

52.209-10 PROHIBITION ON CONTRACTING WITH IN VERTED 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.

(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 represent 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 (X) is, ( ) is not a small business concern under NAICS Code 339115- assigned to contract number W91YTZ18AXXX.

(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):

www.acquisition.gov/far (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 (DEVIATION 2016-O0001) (OCT 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 dissemination controls pursuant to and consistent with law, regulations, and Government wide policies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in 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,”

(see 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 with the exception of the derived security requirement 3.5.3 “Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts”, which will be required not later than 9 months after award of the contract, if the Contractor notified the contracting officer in accordance with paragraph (c) of the provision 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (DEVIATION 2016-O0001)(OCT 2015); or

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

(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security 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 the substance of this clause, including this paragraph (m), in all subcontracts, including subcontracts for commercial items; and

(2) 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 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.

(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) 252.247-7023 Transportation of Supplies by Sea (APR 2014)

(a) Definitions. As used in this clause—

“Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel.

“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if—

(i) This contract is a construction contract; or

(ii) The supplies being transported are—

(A) Noncommercial items; or

(B) Commercial items that—

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that—

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum—

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of Steamship Company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief—

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION

CONTRACT LINE ITEMS

QUANTITY

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2018)

(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 (Oct 2015) (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, Non displacement 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 (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 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.

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

(xii) X (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).

(xiii) 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.)

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

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

(xvii) 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).

(xviii) 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.

(xix) 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)

BLANKET PURCHASE AGREEMENT

BLANKET PURCHASE AGREEMENT (BPA)

TBD

And

UNITED STATES DEPARTMENT OF DEFENSE (DoD)

1. AUTHORITY. This agreement is established in accordance with Federal Acquisition Regulation (FAR) Part 13, Subpart 13.303, Blanket Purchase Agreements (BPAs). This 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 Statutes, Executive Orders, and the FAR. Revisions will be evidenced by a modification to the BPA.

2. DESCRIPTION OF AGREEMENT. TBD shall provide all supplies as per this agreement in Section B of the BPA Schedule (Supplies and Prices). To include any potential components manufactured/or distributed by the contractor. Supplies shall be provided in accordance with the terms and conditions of this agreement.

3. EXTENT OF OBLIGATION. TBD is hereby incorporated into this BPA. The Government is obligated only to the extent of calls (orders) placed by authorized individuals and the purchase limitations of this BPA. Calls (orders) will be made by placing calls for services required. Payment will be made for actual services rendered.

4. PURCHASE LIMITATION. MAX: Credit Card Purchase Per Order: $25,000.00

MAX: Master Dollar Limit = $140,000 per the life of the BPA.

Note: Period of Performance of this BPA is 15 September 2018-31 August 2023 or when the Master Dollar Limit of $140,000 has been met, whichever comes first.

5. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA. A listing of individuals authorized to place purchases/calls under this agreement shall be identified by Regional Health Contracting Office-Atlantic, Womack Army Medical Center Contracting Cell in writing to the contractor, and shall be identified by organization component, title and dollar limitation per call for each individual authorized to place purchases/calls.

Calls placed by individuals not on the list are not authorized and shall not be honored by the contractor. Supplies provided by the contractor in violation of this authorization will be treated as an unauthorized commitment and may result in termination of this agreement by the government. Changes in the list shall require the signature of the Administering Contracting Officer.

Authorized individuals to place orders/calls:

Under 25K Government Purchase Card Holders:

-Shall be identified by Letter to Contractor upon award of the Blanket Purchase Agreement (BPA).

In Excess of 25K:

-A 3953 will be submitted to Womack Army Medical Center Contracting Office so a call can be generated from this BPA and signed by a warranted contracting officer

5. DELIVERY TICKETS. Payments for calls issued under this BPA will be made by iRAPT. All shipments under this BPA shall be accompanied by delivery ticket that contains the following information:

-Name of Supplier

-BPA Number and Call Number

-Date of Request

-Request Number

-Itemized List of Equipment, Supplies, Materials Furnished of each service

-Quantity, Unit Price, and Extension of Each Item, Less Applicable Discounts

-Date of Delivery of Shipment/Service

-Individual Placing Order

6. NUMBERING OF PURCHASES/CALLS PLACED UNDER THIS AGREEMENT.

Each order for services under this agreement shall be assigned a call number with a prefix. The prefix 18-F- will be used for all calls placed under this BPA. Numbers will consist of four numeric characters, i.e., 0X01, 0X02, 0X03, etc. Should a Call Number be issued for over $25,000.00 the payment process will be through iRAPT and the BPA Call Number shall contain instructions on invoicing through iRAPT. Government Purchase Card (GPC) orders (orders under $25,000.00) will be assigned a number by the GPC card holder and will be the order number for that GPC purchase.

Orders shall be placed by authorized personnel as calls against this BPA via FAX, mail order, telephonically (with written follow-up) and/or Electronic Data Interchange (EDI).

7. INVOICES/PAYMENTS.

The contractor shall create a monthly invoice for each call received. The invoice shall list all “Delivery Tickets” for the month. A call then will be created and invoiced for the total dollar amount for the month. Invoices shall include, at minimum, the information stated under “Delivery Tickets”, above. The period of any discounts will commence on the date of invoice receipt. The contractor is expected to submit an invoice upon receipt of a BPA Call.

Invoice payments will be made via the iRAPT. See attachment.

Additionally, invoice payments may be made via the Government-wide Purchase Card (GPC). GPC is a Government-wide commercial purchase card provided by VISA (or other applicable Credit Card) for the purchase/payment of certain supplies and/or services in cases of emergencies.

Note: The contractor shall be responsible for any and all transaction service charges incurred for the acceptance of GPC payments.

The contractor shall submit invoices for calls placed by authorized callers to the attention of the ordering individual who will verify services receipt and provide government purchase card (GPC) information for payment transaction approvals.

Prices for this BPA are set forth in the contractor's published price list which is attached to this BPA, and will be updated at least on an annual basis and/or as required by any equipment change, substitution or upgrade. Pricing shall be based on published catalog price-list and any discounts offered. Prices to the Government shall be as low as, or lower than, those charged to the contractor’s most favored customers for comparable quantities of similar items or services. Pricing information will be provided as an attachment to the BPA.

There are no funds available for this BPA. Funds will be made available and the government will only be obligated for payment upon issuance of valid order/call placed against this BPA. The Government is only obligated to the extent of authorized orders made against the BPA. There is no minimum monetary amount the Government is obligated to purchase under this BPA.

Invoice billings will be generated and emailed or faxed to the authorized ordering individual monthly. The billings are based upon the attached pricing list.

8. SHIPPING INSTRUCTIONS.

CONTRACT/ PURCHASE ORDER NUMBER: W91YTZ-18-A-TBD

DO NOT UNDER ANY CIRCUMSTANCES SHIP ITEMS TO ADDRESSES OTHER THAN THOSE SPECIFIED HEREIN. TO DO SO IS IN VIOLATION OF THIS ORDER AND COST OF SHIPMENT TO ADDRESS OTHER THAN THAT SPECIFIED IN THIS ORDER WILL NOT BE PAID UNLESS THE SHIP TO/DELIVERY ADDRESS IS CHANGED BY MODIFICATION TO THE ORDER SIGNED BY A CONTRACTING OFFICER.

SHIP TO THE FOLLOWING ADDRESS:

XR USA MED DEPT ACTV

WOMACK ARMY MEDICAL CENTER

BLDG 4-2817 REILLY ROAD

FT BRAGG NC 28310-5000

EXTERIOR OF ALL SHIPPING CARTONS MUST BE MARKED WITH CONTRACT/PURCHASE ORDER NUMBER. IF YOU ARE “DROP SHIPPING” ENSURE YOUR SHIPPER COMPLIES WITH THESE INSTRUCTIONS. CARTONS WITHOUT IDENTIFICATION WILL BE RETURNED “FREIGHT COLLECT”. THE ADDRESS LISTED ABOVE IS THE PRIMARY DELIVERY POINT. HOWEVER, SHIPPING INSTRUCTION MAY CHANGE DEPENDING ON WHEN, WHERE AND HOW THE OPERATING ROOM REPRESENTATIVES NEEDS THE PRODUCTS DELIVERED. FOLLOW THE INSTRUCTIONS FOR THE WAMC REPRESENTATIVE IN THE ORDER.

9. PRICING:

Pricing shall be established at the time of award of the BPA and updated annually and/or as required by any equipment change, substitution or upgrade. Pricing shall be based on published catalog price list and any discounts offered. Prices to the Government shall be as low as, or lower than, those charged to the contractor’s most favored customers for comparable quantities of similar items or services. Pricing information will be provided as an attachment to the BPA.

10. REVIEW: The Regional Health Contracting Office-Atlantic, Womack Army Medical Center, Fort Bragg, NC will review this blanket purchase agreement annually. Review may be conducted to ensure that prices for services are in accordance with the terms and conditions of this BPA and that proper procedure have been followed. This is called an internal review. The contractor will be contacted if there are any discrepancies. STATEMENT OF WORK:

STATEMENT OF WORK

What the Department of Optometry Needs:

1. Multiple scleral lens diameters which fall in the range of 14 mm to 20 mm for a large range of corneal sizes.

2. The ability to have a prolate or oblate scleral lens design to fit a wide range of corneal shapes.

3. The ability to have custom design options to fine-tune optics and fit.

4. The ability to talk with fitting consultants regarding specialty contact lens fit.

Justification:

Scleral lenses are used to treat irregular corneas and ocular surface disease. Scleral lenses often allow patients with compromised corneas and decreased vision to have surgery postponed or canceled due to the high quality of vision scleral lenses can provide.