COMBO_SOLICITATION_W91YTZ19R0182_16_Sep_19.pdf

W91YTZ-19-R-0182

GORDON HEALTH CONTRACTING CELL

43 CENTRAL HOSPITAL COURT, BLDG 332

FORT GORDON, GA 30905

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued and is expected to result in the award of a firm-fixed price requirement type contract. The resulting award will be made on SF 1449, for commercial supplies and services. Solicitation number W91YTZ19R0182 is issued as request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-05 and Defense Federal Acquisition Supplement Publication (DPN) 20190809.

This acquisition is UNRESTRICTED, full and open competition under size standard 1,250 and NAICS code 325413 In-Vitro Diagnostic Substance Manufacturing. The Government anticipates awarding a single award for various reagents, consumable supplies and maintenance that are compatible with an existing Ortho Vision Immunohematology Analyzer.

See Attachment A for the list of required reagents. Location of this requirement is Winn Army Community Hospital, Fort Stewart, Georgia 31314. This requirement is for a base period and 4 option years. All responsible Small Businesses offers may submit a quotation which will be considered by the agency.

Item No. 0001: Base Year – Reagents/Consumable Supplies and Basic Care Maintenance 1 EACH JOB - The contractor shall provide various blood bank test reagents/consumable supplies and basic care maintenance (see Attachment A) for a currently existing Ortho Vision Immunohematology Analyzer to Winn Army Community Hospital (WACH) Department of Pathology. Billing shall occur monthly. Ordering Period: 1 October 2019 – 30 September 2020.

Total Base period: ______________________

Item No. 1001 - Option Year 1 – Reagents/Consumable Supplies and Basic Care Maintenance 1 EACH JOB - The contractor shall provide various blood bank test reagents/consumable supplies and basic care maintenance (see Attachment A) for a currently existing Ortho Vision Immunohematology Analyzer to Winn Army Community Hospital (WACH) Department of Pathology. Billing shall occur monthly. Ordering Period: 1 October 2020 – 30 September 2021.

Total Option Year One period: ______________________

Item No. 2001 - Option Year 2 – Reagents/Consumable Supplies and Basic Care Maintenance 1 EACH JOB - The contractor shall provide various blood bank test reagents/consumable supplies and basic care maintenance (see Attachment A) for a currently existing Ortho Vision Immunohematology Analyzer to Winn Army Community Hospital (WACH) Department of Pathology. Billing shall occur monthly. Ordering Period: 1 October 2021 – 30 September 2022.

Total Option Year Two period: ______________________

Item No. 3001 - Option Year 3 – Reagents/Consumable Supplies and Basic Care Maintenance 1 EACH JOB - The contractor shall provide various blood bank test reagents/consumable supplies and basic care maintenance (see Attachment A) for a currently existing Ortho Vision Immunohematology Analyzer to Winn Army Community Hospital (WACH) Department of Pathology. Billing shall occur monthly. Ordering Period: 1 October 2022 – 30 September 2023.

Total Option Year Three period: ______________________

Item No. 4001 - Option Year 4 – Reagents/Consumable Supplies and Basic Care Maintenance 1 EACH JOB - The contractor shall provide various blood bank test reagents/consumable supplies and basic care maintenance (see Attachment A) for a currently existing Ortho Vision Immunohematology Analyzer to Winn Army Community Hospital (WACH) Department of Pathology. Billing shall occur monthly. Ordering Period: 1 October 2023 – 30 September 2024.

Total Option Year Four period: ______________________

Total proposed contract value: ______________________

The following FAR Clauses and Provisions in their latest editions apply to this solicitation.

FAR 52.212-1 Instructions to Offerors—Commercial Items

Addendum to FAR 52.212-1 Instructions to Offerors—Commercial Items

FAR 52.212-1 is hereby amended to reflect the changes shown below:

Para (b) Submission of offers

All offerors must be registered in the System for Award Management (SAM) prior to award, and lack of registration shall make an offer ineligible for award. Offerors may obtain information on registration Internet at https://www.sam.gov. Or the SAM Help desk at https://www.fsd.gov.

THE SOLICITATION MUST BE QUOTED ALL OR NONE.

To be delivered FOB Destination to: Winn Army Community Hospital, 1061 Harmon Avenue, Fort Stewart, Georgia 31314. See Attachment A for description.

All questions shall be submitted via email no later than 1:30PM EST, September 19, 2019 to linda.m.spindler.civ@mail.mil and francine.brown.civ@mail.mil . Proposals are being accepted via email only. All responsible sources should submit proposals to Linda M. Spindler via e-mail: linda.m.spindler.civ@mail.mil by September 20, 2019 12:00 PM EST.

(n) The Government does not pay sales tax.

(o) Protests received at a level higher than the Contracting Officer will be referred to the Contracting Officer. Protestor may request a review by the Contracting Officer or an independent review at a level higher than the Contracting Officer. Requests for appeals or independent review will be addressed to the Contracting Officer for referral to the review authority. Questions on this process will be referred to the cognizant Contracting Officer identified in the solicitation.

(p) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text.

If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found.

Cover email shall include: Data Universal Numbering System (DUNS) / CAGE Code, Point of contact for individual authorized to enter in to discussions to include phone and email.

All offers must request verification by email to Linda M. Spindler Email:

linda.m.spindler.civ@mail.mil to confirm receipt of their proposal was received by the time specified in the solicitation. The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer.

End of Addendum to 52.212-1

52.204-16 – COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016)

52.209-2 -- PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATIONS (NOV 2015)

52.209-11 – REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB

2016) 52.209-12 – CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

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

52.214-34 – SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.222-56 – CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (MAR 2015)

52.225-25 -- PROHIBITION ON ENGAGING IN SANCTIONED ACTIVITIES RELATING

TO IRAN-CERTIFICATION (OCT 2015)

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

http://farsite.hill.af.mil/ 52.252-5 -- AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (Insert “DoD FAR

Supplement (48 CFR Chapter 2)” in paragraph (b))

252.203-7005 -- REPRESENTATION RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (NOV 2011)

252.204-7004 – ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

252.204-7008 – COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (DEVIATION 2016-O0001)(OCT 2015)

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

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

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

252.222-7007 – REPRESENTATION REGARDING COMBATING TRAFFICKING IN

PERSONS (JAN 2015)

252.225-7050 -- DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT

OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2014)

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

1992)

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

Addendum to 52.212-2

Paragraph (a) is hereby replaced with the following:

(a). The Government will award a Firm-Fixed-Price contract resulting from this solicitation, to the responsible offer conforming to the solicitation based on a comparison of proposed prices received from this solicitation or a comparison of prices from previous awarded contracts for the same or similar requirement.

52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL

ITEMS (MAR 2015) ALTERNATE I (OCT 2018)

52.212-4 Contract Terms and Conditions--Commercial Items (OCT 2018)

52.212-4 ADDENDUM

(w) the non-FAR Part 12 discretionary FAR, DFARS, AFARS, and Local clauses 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.

http://farsite.hill.af.mil/ https://acquisition.gov/far/index.html

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Restrictions on Subcontractor Sales to the

Government-Alternate I

SEP 2006

52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights APR 2014

52.204-4 Printed or Copied on Double-sided Post Consumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2016

End of Addendum to 52.212-2

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.209-6

52.209-9

52.219-9

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment Updates of Publically Availability Information Regarding Responsibility Matters Small Business Subcontracting Plan

OCT 2015

JUL 2013

JAN 1999

52.222-3 52.222-19

Convict Labor Child Labor-Cooperation With Authorities and Remedies

JUN 2003

JAN 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity For Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans OCT 2015 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Verification OCT 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

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-5 52.242-13

Payment to Small Business Subcontractors Bankruptcy

JAN 2017

JUL 1995

52.244-2 Subcontracts OCT 2010 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

252.209-7004

252.219-7003

Control Of Government Personnel Work Product

Subcontracting With Firms That Are Owned Or Controlled By the Government of A Country That is A State Sponsor of Terrorism Small Business Subcontracting Plan (DOD Contracts)

APR 1992

OCT 2015

MAR 2016

252-225-7002 252.225-7012 252.225-7021

Qualifying Country Sources as Subcontractors Preference for Certain Domestic Commodities Trade Agreements

AUG 2016

FEB 2013

SEP 2016

252.225-7048 252.226-7001

Export-Controlled Items Utilization of Indian Organizations, Indian-Owned Economic Enterprises, And Native Hawaiian Small Business Concerns

JUN 2013

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

JUN 2012

252.232-7006 Wide Area Workflow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustments DEC 2012

Incorporated in Full Text

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

(a) Definitions. As used in this clause— “Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (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 rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it o is, o is not a small business concern under NAICS Code 325413 assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

(End of clause)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2 (d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor’s plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor’s website that contains the full text of the poster. The link to the Department’s website, as referenced in (b)(3) of this section, must read, “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.”

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management

Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor– Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor–Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor’s official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR

471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the

United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(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.farsite.hill.af.mil.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

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

(End of clause)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.244-7000 Subcontracts for Commercial Items and Commercial Components

JUN 2013

252.247-7024 Notification of Transportation of Supplies by Sea MAR 2000

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)

252.247-7023 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 contracts 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 the 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 CONTRACT QUANTITY TOTAL

DESCRIPTION LINE ITEMS

(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 2017

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEVIATION 2018-

A0001) (DEC 2017)

(a) Definitions. As used in the clause –

(1) “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

(2) “Document type” means the type of payment request or receiving report available for creation in Wide Are WorkFlow (WAWF).

(3) “Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAW system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-70003, Electronic Submission of Payment Requests and Receiving Reports (DEVIATION 2018-A0001) (DEC 2017).

(1) The WAWF system shall be used to electronically process vendor payment requests and receiving reports, in accordance with paragraph (c) through (g) of this clause; or

(2) The General Fund Business Enterprise System (GFEBS) Supplier Self-Services (SUS) system shall be used, in accordance with paragraph (h) of this clause, if the Contractor is an authorized participant in GFEBS SUS invoicing pilot program.

(c) WAWF access. To access WAWF, the Contractor shall –

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Invoice as 2-in-1 (Services Only)

(2) Inspection / acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the Contracting Officer.

W33LGY – Winn Army Community Hospital, Fort Stewart, GA

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDDAC HQ0490

Issue By DoDAAC W91YTZ

Admin DoDAAC W91YTZ

Inspect By DoDAAC W33XWA

Ship To Code W33XWA

Ship From Code W33XWA

Mark For Code

Service Approver (DoDAAC) W33XWA Regina Florence, 912-435-5316, regina.florence.civ@mail.mil

Service Acceptor (DoDAAC) W33XWA Regina Florence, 912-435-5316, regina.florence.civ@mail.mil

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF Email notification. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Winn Army Community Hospital, Fort Stewart, Georgia

(g) WAWF Point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Regina Florence, 912-435-5316, regina.florence.civ@mail.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(h) GFEBS SUS.

(1) Access. SUS access is obtained by logging into WAWF at http://wawf.eb.mil/ and entering the SUS Pay Official DoDAAC HQ0678 as shown on the signature page of this contract. Contractors authorized to participate in the GFEBS SUS pilot program will be seamlessly routed to the SUS vendor portal.

(2) Training. SUS Contractors participating in the GFEBS SUS invoicing pilot program shall be trained by the Army by obtaining training material and guidance at the time of initial contract award.

(3) Payment Instructions. The Contractor will be provided in SUS the purchase order (PO) with the awarded contract information needed for use in submitting receiving report information and payment requests. In the event of a conflict between this contract and the PO displayed in SUS, the contract text takes precedence. The Contractor shall identify all such conflicts to the Contracting Officer promptly in writing upon discovery.

(i) Upon receipt of the award, the Contractor shall log into SUS and verify that the SUS PO matches the awarded document or modification. The Contracting office shall be notified of any corrections needed immediately prior to time of invoice. Failure to notify the Contracting Officer in a timely manner in SUS and to ensure action is taken may result in the Contractor being unable to submit a request for payment. When the obligation data cannot be posted or corrected timely, the Contractor may submit a paper invoice and/or receiving report data to the assigned Government acceptor. This submission will serve as the official start of the Prompt Payment Act period for purposes of timely payment and interest calculation. The acceptor will notify both the Contracting Office and Accounts Payable office. Once the error is resolved, the Contractor can submit an invoice in SUS, which will post in GFEBS. To correctly calculate any due interest, a GFEBS Invoice Processor will manually update the invoice baseline date to the invoice submission date on the paper invoice, and attach it for reference.

(ii) The Contractor shall submit receiving report information as an "Advanced Ship Notice (ASN)" for supplies or a "Confirmation" for services.

(iii) The ASN or Confirmation will be reviewed for acceptance by the designated Contracting Officer's Representative (COR).

(iv) The Contractor shall submit the payment request as an invoice created from the associated ASN or Confirmation.

(4) Manual transmission. In the event submission of receiving report data or an invoice in SUS is unavailable, the Contractor may submit a receiving report using the DD Form 250 or an invoice to the COR via facsimile or conventional mail.

(5) Points of contact.

(i) The Contractor may obtain clarification regarding invoicing in SUS from the contracting activity's SUS point of contact. Regina Florence, 912-435-5316, regina.florence.civ@mail.mil

(ii) For technical SUS help, the GFEBS helpdesk may contacted via e-mail at armv.gfebs.helpdesk@mail.mil or by phone at 866-757-9771.

CONTRACT ADMINISTRATOR/ SPECIALIST: linda.m.spindler.civ@mail.mil DSN: 773-2378

Comm: (706)787-2378

CONTRACTING OFFICER: Francine Brown, Francine.brown.civ@mail.mil

HIPAA-Health Insurance Portability and Accountability Act (7 July 2014)

In accordance with 45 CFR 164.502(e)(2) and 164.504(e) and paragraph C.3.4.1.3 of DoD 6025.18-R, “DoD Health Information Privacy Regulation,” January 24, 2003, this document serves as a BAA between the signatory parties for purposes of the HIPAA and the “HITECH Act” amendments thereof, as implemented by the HIPAA Rules and DoD HIPAA Issuances (both defined below). The parties are a DoD Military Health System (MHS) component, acting as a HIPAA covered entity, and a DoD contractor, acting as a HIPAA business associate.

The HIPAA Rules require BAAs between covered entities and business associates.

Implementing this BAA requirement, the applicable DoD HIPAA Issuance (DoD 6025.18-R, paragraph C3.4.1.3) provides that requirements applicable to business associates must be incorporated (or incorporated by reference) into the contract or agreement between the parties.

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

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

—Business Associate shall generally have the same meaning as the term “business associate” in the DoD HIPAA Issuances, and in reference to this BAA, shall mean [insert name of Business Associate signatory to this BAA].

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

—Covered Entity shall generally have the same meaning as the term “covered entity” in the DoD HIPAA Issuances, and in reference to this BAA, shall mean [insert name of MHS component signatory to this BAA].

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

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

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

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

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

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

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

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

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

(d) In accordance with 45 CFR 164.502(e)(1)(ii)) and 164.308(b)(2), respectively), as applicable, the Business Associate shall ensure that any subcontractors that create, receive, maintain, or transmit PHIon behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such PHI.

(e) The Business Associate shall make available PHI in a Designated Record Set, to the Covered Entity or, as directed by the Covered Entity, to an Individual, as necessary to satisfy the Covered Entity obligations under 45 CFR 164.524.

(f) The Business Associate shall make any amendment(s) to PHI in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.526.

(g) The Business Associate shall maintain and make available the information required to provide an accounting of disclosures to the Covered Entity or an individual as necessary to satisfy the Covered Entity’s obligations under 45 CFR 164.528.

(h) To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under the HIPAA Privacy Rule, the Business Associate shall comply with the requirements of HIPAA Privacy Rule that apply to the Covered Entity in the performance of such obligation(s); and

(i) The Business Associate shall make its internal practices, books, and records available to theSecretary for purposes of determining compliance with the HIPAA Rules.

I. Permitted Uses and Disclosures by Business Associate

(a) The Business Associate may only use or disclose PHI as necessary to perform the services set forth in the Agreement or as required by law. The Business Associate is not permitted to de-identify PHI under DoD HIPAA issuances or the corresponding 45 CFR 164.514(a)-(c), nor is it permitted to use or disclose de- identified PHI, except as provided by the Agreement or directed by the Covered Entity.

(b) The Business Associate agrees to use, disclose and request PHI only in accordance with the HIPAA Privacy Rule “minimum necessary” standard and corresponding DHA policies and procedures as stated in the DoD HIPAAIssuances.

(c) The Business Associate shall not use or disclose PHI in a manner that would violate the DoD HIPAA Issuances or HIPAA Privacy Rules if done by the Covered Entity, except uses and disclosures for the Business Associate’s own management and administration and legal responsibilities or for data aggregation services as set forth in the following threeparagraphs.

(d) Except as otherwise limited in the Agreement, the Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. The foregoing authority to use PHI does not apply to disclosure of PHI, which is covered in the nextparagraph.

(e) Except as otherwise limited in the Agreement, the Business Associate may disclose PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are required by law, or the Business Associate obtains reasonable assurances from the person to whom the PHI is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

(f) Except as otherwise limited in the Agreement, the Business Associate may use PHI to provide Data Aggregation services relating to the Covered Entity’s health care operations.

II. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions

(a) The Covered Entity shall provide the Business Associate with the notice of privacy practices that the Covered Entity produces in accordance with 45 CFR 164.520 and the corresponding provision of the DoD HIPAA Issuances.

(b) The Covered Entity shall notify the Business Associate of any changes in, or revocation of, the permission by an Individual to use or disclose his or her PHI, to the extent that such changes affect the Business Associate’s use or disclosure of PHI.

(c) The Covered Entity shall notify the Business Associate of any restriction on the use or disclosure ofPHI that the Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such changes may affect the Business Associate’s use or disclosure ofPHI.

III. Permissible Requests by CoveredEntity

The Covered Entity shall not request the…