W91YTZ18T0125BLOODPRODUCTS.docx

COMBINED SYNOPSIS/SOLICITATION

W91YTZ-18-T-0125

The Regional Health Contracting Office-Atlantic, Womack Army Medical Center, Fort Bragg, NC intends to solicit, negotiate, and award a Sole Source Blanket Purchase Agreement (BPA) for Blood Products. This is a combined synopsis/solicitation for commercial supply items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This solicitation number W91YTZ-18-T-0125 is a request for quotation (RFQ). Period of Performance is 1 Mar 2018 through 28 February 2023. This is a restricted procurement. The Standard Industrial Classification Code is 6505 and the NAICS Code is 621991.

The Womack Army Medical Center, Fort Bragg, North Carolina, 28310 has a requirement for the following supplies:

2. Red Blood Cells Leukoreduced Irradiated 1 EA

3. ZIKARBC: 3. Zika Cost Recovery per Red Blood Cell 1 EA

4. Platelets Apheresis Leukoreduced 1 EA

5. Platelets Apheresis Leukoreduced Irradiated 1 EA

6. ZIKASDP: Zika Cost Recovery per Platelet (SDP) 1 EA

7. Cryo AHF Single Unit 1 EA

8. Frozen Plasma Unit 1 EA

9. Pooled Cryo (5 units per pool1 1 EA

10. AB Type Surcharge Plasma/Cryo Single 1 EA

11. AB Type Surcharge Pooled Cryo 1 EA

12. O Negative Type Surcharge Red Cells 1 EA

-OVERNIGHT (Shipping Included) -FOB Destination -No compatibles or substitutes accepted The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-66. No compatibles or substitutes accepted. Interested persons may identify their interest and capability to respond to the requirement and submit proposals. All proposals received after the date of publication of this synopsis will be considered by the Government. Submit proposals via email ONLY to Ms. Christine Whipkey at Christine.g.whipkey.civ@mail.mil and donna.l.blossom.civ@mail.mil no later than 26 FEB 2018 @13:00 PM EST. No telephonic request will be honored.

The following provisions in their latest editions apply to this solicitation. FAR Clauses and provisions can be viewed at https://www.farsite.hil.af.mil.

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 Term and Conditions – Commercial Items (MAY 2015)

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.

52.203-3 Gratuities (APR 1984) 52.203-6 Restriction on Subcontractors Sales to the Government (SEP 2006) Alternate I (Oct 1995) 52.203-12 Limitation on Payments to Influence Certain Federal Transaction (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) 52.204-4 Printed or Copied Doubled-Sided on Post Consumer Fiber Content Paper (Mau 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-9 Updated of Publicly Available Information Regarding Responsibility with Contractors Debarred, Suspended, or Proposed for Debarment 52.219-8 Utilization of Small Business Concerns (Oct 2014) 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) (EEO) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports On Veterans (Oct 2015) 52.222-50 Combating Trafficking In Persons (Mar 2015) 52.223-2 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts (Sep 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-36 Payment by Third Party (May 2014) (GPC) 52.232-39 Unenforceability of Unauthorized Obligation (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.242-13 Bankruptcy (Jul 1995) 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Jan 2009) 252.204-7003 Control of Government Personnel work Product (Apr 1992) 252.225-7002 Qualifying Country Sources as Subcontractors (Aug 2016) 252.225-7012 Preference for Certain Domestic Commodities (Feb 2013) 252.225-7021 Trade Agreements (Oct 2015) 252.225-7048 Export Controlled Items (Jun 2013) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) 252.232-7009 Mandatory Payment by Government Wide Commercial Purchase Card (Dec 2006) 252.232-7010 Levies on Contract Payments (Dec 2006)

CLAUSES INCORPORATED IN FULL TEXT

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

As prescribed in 9.108-5(b), insert the following clause:

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 Representation (Jul 2013) As prescribed in 19.309(c), insert the following clause:

POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 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 represent its size status in accordance with the size standard in effect at the time of this representation 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 representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

The Contractor represents that it o is, o is not a small business concern under NAICS Code 621991 assigned to contract number ______________.

[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 address:

www.farsite.hill.af.mil www.acquisition.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 (Deviation 2016-O0001) ( 2015)

As prescribed in 204.7304(c), use the following clause:

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 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 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 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 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 (May 2016)

As prescribed in 204.7403(c), use the following clause:

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

(End of clause)

252.219-7011 Notification to Delay performance (Jun 1998)

As prescribed in 219.811-3(3), use the following clause:

NOTIFICATION TO DELAY PERFORMANCE (JUN 1998)

The Contractor shall not begin performance under this purchase order until 2 working days have passed from the date of its receipt. Unless the Contractor receives notification from the Small Business Administration that it is ineligible for this 8(a) award, or otherwise receives instructions from the Contracting Officer, performance under this purchase order may begin on the third working day following receipt of the purchase order. If a determination of ineligibility is issued within the 2-day period, the purchase order shall be considered canceled.

(End of clause) 252.244-7000 Subcontracting for Commercial Items and Commercial Components (DOD Contracts) (JUN 2013) As prescribed in 244.403, use the following clause:

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: W36XTM

INSPECT BY DODAAC: W36XTM

ACCEPT BY DODAAC: W36XTM

SHIP TO DODAAC: W36XTM

PAYMENT OFFICE FISCAL STATION CODE: HQ0490

EMAIL POINTS OF CONTACT LISTING: (Use Group e-mail accounts if applicable) INSPECTOR Primary: Martha.r.arroyo.civ@mail.mil Alternate: shannon.l.grovenger.civ@mail.mil ACCEPTOR Primary: Martha.r.arroyo.civ@mail.mil Alternate: shannon.l.grovenger.civ@mail.mil

RECEIVING OFFICE POC:

Additional Point of Contact: Mr. Nebiker (Blood Donor Center) 910-432-8684

CONTRACTING OFFICER: See Block 31b on SF1449 for email address.

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.

(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) _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).

(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 2014) (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)

BLANKET PURCHASE AGREEMENT (BPA)

Between American Red Cross 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. American Red Cross (ARC) shall provide all supplies as per this agreement in Section B of the BPA Schedule (Supplies or Services and Prices). To include any potential components manufactured/or distributed by the contractor. Supplies and services shall be provided in accordance with the terms and conditions of this agreement.

3. EVENT OF OBLIGATION. American Red Cross (ARC) 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. MIN: BPA Call Limit = $100,000.00

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. Services 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 call will be let at the Fort Bragg Contracting Cell:

-Womack Army Medical Center Contracting Office-Warranted Contract Officer only.

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

-Name of Supplier

7. 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 X will be used for all calls placed under this BPA. Numbers will consist of three numeric characters, i.e., 001, 002, 003, etc., therefore call numbers will read, for example, X001, X002, X003, 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).

Products requested from ARC are processed primarily on an urgent requirement basis. The Contracting Officer authorizes emergency orders to be placed only by personnel identifying themselves as WAMC Blood Donor Center or Blood Bank Employees. The final call order document will be finalized upon recipe of an invoice identifying the product/s, unit price, extended price and any SUR charge and special shipping charges applicable that emergency order requirement.

8. INVOICES/PAYMENTS.

The contractor shall create a quarterly invoice for each call received. The invoice shall list all “Delivery Tickets” for the quarter. A call then will be created and invoiced for the total dollar amount for the quarter. 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.

Government Credit Card Purchases (GPC) are for Emergencies under $25,000.00.

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

9. 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 BLOOD DONOR CENTER OR LAB REPRESENTATIVES NEEDS THE BLOOD PRODUCTS. FOLLOW THE INSTRUCTIONS FO THE WAMC REPRESENTATIVE IN THE ORDER.

10. TERMS AND CONDITONS: Contractor shall provide the following:

a. The primary Blood Products to be furnished at special pricing for Womack Army Medical Center (WAMC) are:

1. Red Blood Cells Leukoreduced 1 each

2. Red Blood Cells Leukoreduced Irradiated 1 each

3. ZIKARBC: 3. Zika Cost Recovery per Red Blood Cell 1each 4. Platelets Apheresis Leukoreduced 1 each

5. Platelets Apheresis Leukoreduced Irradiated 1 each

6. ZIKASDP: Zika Cost Recovery per Platelet (SDP) 1each

7. Cryo AHF Single Unit 1 each

8. Frozen Plasma Unit 1each

9. Pooled Cryo (5 units per pool) 1 each

10. AB Type Surcharge Plasma/Cryo Single 1 each

11. AB Type Surcharge Pooled Cryo 1 each

12. O Negative Type Surcharge Red Cells 1 each

Other products covered under this agreement: Antigen Scrnd-3 # NO12AGS3, Irradiated RBC, Washed RBC, Platelets Apheresis, Irradiated Platelets, Cryo, Hemoglobin S Testing, Pediatric Red Blood Bags (4 bags attached), CMV Negative testing. This list of blood and blood products and testing are not considered a complete and comprehensive list of products used by WAMC but rather represents the primary products used for the past two years. The full published price listed items of products and services furnished by the American Red Cross (ARC), will be maintained with the agreement file and are authorized to be purchased under this agreement.

b. American Red Cross (ARC) will use reasonable efforts to supply WAMC, and WAMC will purchase the Blood and Services as set forth in Paragraph 4. Blood products from ARC are contingent upon availability. If ARC modifies or discontinues a Blood product or Services, ARC will provide WAMC with ninety (90) days’ prior written notice.

c. ARC may retrieve Blood provided to WAMC based upon a determination by WAMC that the blood may not be suitable for transition.

d. ARC and WAMC will comply with applicable laws and industry standards, including without limitation, requirements, regulations, standards, recommendations, specifications, guidelines and directive of the Food and Drug Administration (“FDA”) and ARC; JC and AABB standards; U.S. economic sanctions; anti-terrorism and anti-money laundering laws; the USA Patriot Act; laws administered by the U.S, Treasury Department’s Office of Foreign Assets Control; and Executive Order 13224 regulations.

d. ARC shall promptly notify WAMC when information indicates that Blood may deleteriously affect a transfusion recipient. However, ARC will not reveal the identity of any blood donor to WAMC.

e. Upon discovery, WAMC will report possible transfusion-transmitted infections or other serious complications associated with transfusion which may have resulted from Blood provided by ARC to WAMC (“Adverse Events"). ARC shall perform an investigation and WAMC shall cooperate with any Adverse Event and supply information concerning the recipient of the blood to ARC, on ARC provided forms.

11. COMPONENTS/SPECIAL AMERICAN RED CROSS (ARC) REQUIREMENTS:

a. Group O Surcharge. ARC at its sole discretion may implement a $50.00 surcharge on customer purchases of O type (RH positive and negative) red cell units (each a Unit) when purchases of units by customer exceed 50% of the total blood type ABO mix purchased by customer during the previous thirty (30) day period. In the event ARC elects to implement this surcharge, ARC shall immediately notify customer. Following notification, the surcharge shall be applicable to each unit purchased by customers until customer’s purchases of units is less than 50% of the total blood type ABO mix for thirty (30) days succession. ARC expressly reserves the right to implement this surcharge thought the initial and any renewal Term of this blank purchase agreement.

b. The fees are based on volume commitments provided by WAMC, and as such the fees are dependent on WAMC’s purchase of the volume commitments. If WAMC’s purchase of blood drops more than 5% below the annual commitments, the parties will meet to determine WAMC’s future blood purchase commitments.

c. WAMC UNDERSTANDS AND AGREES THAT ARC IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM REFERENCE LABORATORTY TEST RESULTS THAT ARE INORRECT AS A RESULT OF WAMC COLLECTING OR OTHER WISE SUPPLYING A BLOOD SAMPLE IN A TUBE OR OTHER CONTAINER THAT IS (A) NOT APPROVED BY THE FDA FOR USE IN BLOOD BANKING OR (B) INCONSISTENT WITH ARC’S POLICIES OR THE REQUIREMENTS OR THE PACKAGE INSERTS FOR THE APPLICABLE TESTS (EACH, AN “INAPPROPRIATE TUBE”). WAMC SHALL HOLD ARC HARMLESS FOR ANY LOSS OR DAMAGE ARISING FROM SUCH CUSTOMER’S USE OF INAPPRORIATE TUBES IN COLLECTION, AND/OR SUPPLY TO ARC OF BLOOD SAMPLES UTILIZING INSPPROPRIATE TUBES.

d. Returns: WAMC may return blood to ARC for a full or partial credit under the limited circumstances as stated below: Customer shall always store blood in accordance with the standards of the American Association of Blood Banks (“AABB”) and the regulations of the FDA.

1. Damaged Blood: If blood arrives to the customer: (1) in a damaged conditioned or (2) in a condition rendering the blood unsuitable for transfusion, then customer should discard the blood upon ARC’s request.

2. Regulatory Recall: If the FDA or another regulatory agency requires ARC to recall blood, customer shall discard the blood unless ARC instructs otherwise.

3. Amount of Credit for Discards of Returns: Under no circumstances shall ARC refund customer an amount exceeding the original fee paid by customer to ARC.

4. In the event ARC requests the return of a blood product, customer will ensure that all shipments of returned blood are accompanied by a complete Return Authorization Form provided by ARC.