W91YTZ24Q0032.pdf

W91YTZ24Q0032

COMBINED SYNOPSIS

The Regional Health Contracting Office – Atlantic, Fort Gregg-Adams Dental Clinic Command, Fort Gregg-Adams, VA (Bull Dental Clinic and Mosier Dental Clinic) intends to solicit, negotiate, and award a Single-Award Blanket

Purchase Agreement (BPA) for all labor, material, equipment and transportation necessary to supply Dental Medical

Oxygen and Nitrous Gas as listed in the BPA Agreement Exhibit 1. Proposals shall conform to the requirements of

Addendum to 52.212-1 and FAR 52.212-1 Instructions to Offerors. Award will be made in accordance with

Addendum to FAR 52.212-2 and FAR 52.212-2 Evaluation – Commercial Items.

This is a combined synopsis/solicitation for commercial services 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; proposals are being requested and a written solicitation will not be issued. This requirement is being solicited as total small business set-aside. This solicitation number W91YTZ24Q0032 is a request for quote (RFQ).

The ordering period for the BPA will be a 5 year ordering period. The NAICS Code is 325120.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2023-06 (as of 04 DEC 23). 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.

Questions concerning this acquisition may be addressed to ronald.d.govans2.civ@health.mil and cc rebecca-lynn.m.ruff.civ@health.mil no later than 17 January 2024, 10:00 AM Eastern. Submit proposals via email ONLY to

Ronald Govans ronald.d.govans2.civ@health.mil and cc rebecca-lynn.m.ruff.civ@health.mil no later than 19

January 2024 @ 10:00 AM Eastern. No telephonic requests will be honored.

Clauses and provisions throughout this solicitation can be viewed by accessing website www.acquisition.gov. All offerors are cautioned that if selected for award, they must be registered with the System for Award Management

(SAM) program. The SAM can be accessed via the internet at https://www.sam.gov/portal/public/SAM/.

Confirmation of SAM registration will be validated prior to awarding a contract.

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.

BLANKET PURCHASE AGREEMENT

BPA Master Dollar Limit: TBD

BPA Call Limit: TBD

Period of Performance: 01-April-2024 to 31-Mar-2029 (Adjusted according to award date)

PSC Codes: 6830

BLANKET PURCHASE AGREEMENT

Between

And

United States Department of Defense

Regional Health Contracting Office - Atlantic

BLANKET PURCHASE AGREEMENT (BPA)

TERMS AND CONDITIONS

ORDERS WILL BE MADE BY PLACING CALLS FOR ITEMS REQUIRED. PAYMENT WILL BE MADE

FOR ITEMS RECEIVED. PAYMENT WILL BE MADE VIA WIDE AREA WORK FLOW (WAWF) BY

mailto:ronald.d.govans2.civ@health.mil mailto:rebecca-lynn.m.ruff.civ@health.mil mailto:rebecca-lynn.m.ruff.civ@health.mil mailto:ronald.d.govans2.civ@health.mil mailto:rebecca-lynn.m.ruff.civ@health.mil

AUTHORIZED USER ONLY. CALLS AGAINST THIS BPA WILL ONLY BE PLACED BY AUTHORIZED

INDIVIDUALS LISTED IN PARA 6 BELOW.

1. BLANKET PURCHASE AGREEMENT (BPA)

This agreement is established in accordance with Federal Acquisition Regulation (FAR) Part 13, Subpart 13.303, Blanket Purchase Agreements (BPAs). This Blanket Purchase Agreement (BPA) is entered into on the date in Block

3 of the form 1155 and shall be effective 01-April-2024 to 31-Mar-2029 (date to be adjusted according to award date) unless sooner cancelled in writing by either party. This Blanket Purchase Agreement has a five year ordering period. The BPA will be reviewed by the Contracting Officer at least once annually before the anniversary of the effective date, and revised to conform to all requirements of Statutes, Executive Orders, and the FAR as these changes occur. Any revision shall be evidenced by a modification to this BPA.

Pricing will be reviewed by the contractor and the customer prior to the end of each 12 month term of the agreement, in order to assess potential price adjustments based on actual volumes achieved during the year.

There are no funds available for this BPA. Funds will be made available and the Government will only be obligated for payment upon issuance of valid orders placed against this BPA. The Government is only obligated to the extent of authorized orders made against the BPA.

2. DESCRIPTION OF AGREEMENT

Contractor shall provide Medical Oxygen and Nitrogen Gases in accordance with the attached Statement Of Work

(SOW).

3. PRICING

Pricing is listed in Attachment 1. Any changes to established pricing in this BPA will be submitted in writing to the

Contracting Administrator, Ronald Govans at ronald.d.govans2.civ@health.mil and cc Rebecca Ruff @ rebecca-lynn.m.ruff.civ@health.mil . Activity will be charged established pricing until a modification is done to adjust pricing on the BPA.

4. DELIVERY TICKETS:

All shipments under this BPA shall be accompanied by a delivery ticket that contains the following information:

Name of supplier

BPA Number and CALL Number

Date of request

Request Number

Itemized list of services performed

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

Date of Performed Services

5. INVOICES/PAYMENTS:

The contractor shall create a separate invoice for each call. Invoices shall include, at minimum, the information stated under “Delivery Tickets”, above.

Invoice payments will be made via WAWF. The contractor shall submit invoices for calls placed by authorized callers to the attention of the ordering individual who will verify material and services receipt and process payments.

5.1 QUARTERLY REPORTS:

Authorized ordering individuals shall submit monthly call reports no later than the 5th business day of each month to:

Regional Health Contracting Office - Atlantic

E-mail: ronald.d.govans2.civ@health.mil and cc rebecca-lynn.m.ruff.civ.@mail.mil mailto:rebecca-lynn.m.ruff.civ@health.mil mailto:rebecca-lynn.m.ruff.civ.@mail.mil

6. INDIVIDUALS AUTHORIZED TO PLACE CALLS/CALL LIMITATION:

Individuals authorized to place purchases/calls under this agreement are identified by the Regional Health

Contracting Office - Atlantic (RHCO-A) –Contracting Cell and is identified by name, organization component and dollar limitation per call for each individual authorized to place purchases/calls as follows:

NAME ACTIVITY SINGLE PURCHASE LIMIT

Katherine S. O'Connell Fort Gregg-Adams- Dental Clinic Command $3,500

Calls placed by individuals not on the list are “not” authorized and shall not be honored by the contractor. Supplies provided by the contractor in violation of this authorization will be treated as an unauthorized commitment and may result in termination of this agreement by the Government. Changes in the authorized ordering individual list shall require the signature of the Administering Contracting Cell: RHCO-A Payment for calls placed against subject

Blanket Purchase Agreement will be made through WAWF.

7. PLACEMENT OF ORDERS (CALLS):

Orders shall be placed by authorized personnel as calls against this BPA via FAX, mailed order, telephonically (with written follow-up).

NAME ACTIVITY SINGLE PURCHASE LIMIT

Katherine S. O'Connell Fort Gregg-Adams- Dental Clinic Command $3,500

8. NUMBERING OF PURCHASES/CALLS PLACED UNDER THIS AGREEMENT

Each order under this agreement, paid by WAWF 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.

9. TERMS AND CONDITIONS:

9.1. CONTRACTOR RESPONSIBILITIES

9.1.1. Contractor shall provide Medical Gases in accordance with the attached Statement Of Work (SOW).

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.212-4 ADDENDUM

Paragraph 52.212-4(w) is hereby added:

(w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(End of Addendum)

52.204-7 System for Award Management OCT 2018

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered

Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-50 Combating Trafficking in Persons NOV 2021

52.223-1 Biobased Product Certification MAY 2012

Biobased Product Certification MAY 2012

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY 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)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2023)

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--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon 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) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) 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(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 325120, if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) 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, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) 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 (f) or (h) of this clause.

(h) 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:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 325120 assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through

(c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph

(h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(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.

http://www.acquisition.gov/

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT

(JAN 2023)

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) Subcontracts. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial products or commercial services.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

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

“Document type” means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

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

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-

7003, Electronic Submission of Payment Requests and Receiving Reports.

(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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting

Officer.

COMBO

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the

Contracting Officer.

COMBO

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.] https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(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 DoDAAC HQ0490

Issue By DoDAAC W91YTZ

Admin DoDAAC** W91YTZ

Inspect By DoDAAC HT0825

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) HT0825

Service Acceptor (DoDAAC) HT0825

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition

Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

Katherine S. O'Connell- Katherine.s.oconnell.civ@health.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV

2023) mailto:Katherine.s.oconnell.civ@health.mil

(a) The Contractor shall not include the terms of any Federal Acquisition Regulation (FAR) clause or Defense

Federal Acquisition Regulation Supplement (DFARS) clause in subcontracts for commercial products or commercial services at any tier under this contract, unless--

(1) For DFARS clauses, it is so specified in the particular clause; or

(2) For FAR clauses, the clause is listed at FAR 12.301(d) or it is so specified in paragraph (e)(1) of the clause at

FAR 52.212-5 or paragraph (b)(1) of the clause at FAR 52.244-6, as applicable. (Section 847(b)(1)(B), Pub. L. 114-

328)

(b)(1) In accordance with 10 U.S.C. 3457(c), the Contractor shall treat as commercial products any items valued at less than $10,000 per item that were purchased by the Contractor for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract when purchased.

(2) The Contractor shall ensure that any items to be used in performance of this contract, that are treated as commercial products pursuant to paragraph (b)(1) of this clause, meet all terms and conditions of this contract that are applicable to commercial products or commercial services in accordance with the clause at FAR 52.244-6 and paragraph (a) of this clause.

(c) Subcontracts. 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 products or commercial services.

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (JAN 2023)

(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) Other than commercial products; or

(B) Commercial products 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

DESCRIPTION LINE ITEMS

TOTAL_______________________________________________________________

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

(h) If the Contractor has indicated by the response to the solicitation provision, Representation of Extent of

Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor--

(1) Shall notify the Contracting Officer of that fact; and

(2) Hereby agrees to comply with all the terms and conditions of this clause.

(i) Subcontracts. In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial products, 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 (i), 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 (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-

O0008) (DEC 2023)

(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, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and

Records—Negotiation.

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

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

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

(b)(1) Notwithstanding the requirements of any other clauses of 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 products or commercial services. 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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (NOV 2023)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117–328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-

390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi)__(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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 and E.O. 13627).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxvi) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

SOW

STATEMENT OF WORK

1. A Blanket Purchase Agreement (BPA) contract is to provide medical oxygen and nitrous oxide for dental care to the patients of COL Bull Dental Clinic and Mosier Dental Clinic and for the Kenner Army Health Clinic

(KAHC) at Fort Gregg-Adams, VA.

2. The BPA contract is required to provide services for the following: Monthly service of oxygen refills to COL

Bull Dental Clinic and oxygen and nitrous refills to Mosier Dental Clinic; and liquid nitrogen as needed to

KAHC patients.

3. Requirements and Pricing: Any changes to established pricing in this BPA will be submitted in writing to the

Contracting Administrator. Activity will be charged established pricing until a modification is done to adjust pricing on the BPA.

Exhibit 1

Estimated Cost for Services Per Year

Description Estimated

Quantity

Estimated Cost Estimated Total Cost

1. Size E Medical Oxygen Refill

(small)

Size E Nitrous Refill (small) 15

Size H Medical Oxygen Refill

(large)

Yearly Hazmat 3+ cylinders 1

Yearly Rental Size H Oxygen

Tanks

Liquid Nitrogen 35L Refills 13

Dry Ice per pound 13

Delivery Charge 12

EST TOTAL

4. Delivery Tickets: All shipments under this BPA shall be accompanied by a delivery ticket that contains the following information:

• Name of supplier

• BPA Number and CALL Number

• Date of request

• Request Number

• Itemized list of supplies performed.

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

• Date of Performed Supplies

5. Invoices/Payments: A separate invoice for each call is required. Invoices shall include, at minimum, the information stated under “Delivery Tickets,: above, Invoice payments will be made via Wide Area Work Flow (WAWF). The contractor shall submit invoices for calls placed by authorized callers to the attention of the ordering individual who will verify material receipt and process payments.

6. The point of contact for this memorandum is the undersigned at 804 734-9434. Mandatory sources have been screened by order of preference.

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-1 ADDENDUM

FAR 52.212-1 is hereby amended to reflect the changes shown below as to the specific paragraph revised.

Questions concerning this acquisition may be addressed to ronald.d.govans2.civ@health.mil and cc rebecca-lynn.m.ruff.civ@health.mil no later than 17 January 2024, 10:00 AM Eastern. Submit proposals via email ONLY to Ronald Govans ronald.d.govans2.civ@health.mil and cc rebecca-lynn.m.ruff.civ@health.mil no later than 19

January 2024 @ 10:00 AM Eastern.

No telephonic requests will be honored.

Para (b) Submission of Offers. The following amends this paragraph with respect to the information and documents required for submission in response to this solicitation.

(1) ELECTRONIC OFFERS. Offerors may submit electronic offers in response to this solicitation. The offer must arrive by 19 January 2024 @ 10:00 AM Eastern to the following email address to Ronald Govans ronald.d.govans2.civ@health.mil and cc rebecca-lynn.m.ruff.civ@health.mil .

(2) The Offerors must request verification by email to Ronald Govans to confirm that 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.

(3) The Government intends to award a firm fixed price Blanket Purchase Agreement for supplies as listed in the Statement Of Work and Exhibit 1 .

(4) All questions pertaining to this requirement must be received electronically no later than 17 January 2024, 10:00 AM Eastern. No telephonic request will be honored. Responses will be posted to FBO via an

Amendment to the combined synopsis/solicitation.

(5) The technical information required for evaluation purposes shall not exceed 10 pages.

(6) BASIS FOR AWARD: The Government will make a best value award consistent with the evaluation criteria discussed in FAR 52.212-2 and the Addendum to FAR 52.212-2.

(7) ELECTRONIC OFFERS. Offerors may submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email address: to Ronald Govans ronald.d.govans2.civ@health.mil and cc rebecca-lynn.m.ruff.civ@health.mil .Offerors will submit proposals in two (2) parts.

FACTOR I – Technical

FACTOR II – Price

Award will be made to the offeror provided its technical proposal conforms to the requirements of the solicitation; its price is determined to be fair and reasonable by the contracting officer; and the contracting officer determines the offeror is responsible.

(8) Offerors must request verification by email to Ronald Govans ronald.d.govans2.civ@health.mil to confirm that 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.

(9) The Government intends to award a firm fixed-price non-personal services contract under the authority of

10 U.S.C. 2304 and 41 U.S.C. Chapter 33.

(10) PROCESS FOR AWARD. Award will be made to the offeror who submits a technically acceptable proposal, is responsible, whose prices are determined to be fair and reasonable, and also provides the best value to the Government based on the results of the evaluation described in Addendum 52.212-2. The

Contracting Officer intends to award without discussions, but reserves the right to do so in his or her sole discretion.

(11) SUBMISSION OF OFFERS. The solicitation should be completed, signed and received at this office not later than the date/time specified in Block 8 of the solicitation (Standard Form [SF] 1449). Please note that your offer must include all of the following information. Submit proposal in three separate parts as follows:

PART I: TECHNICAL

PART I: TECHNICAL INFORMATION. The information provided by the offeror will be a factor in the

Government's determination of technical acceptability. (Refer to Addendum 52.212-2). The offeror shall submit technical documentation that displays the proposed services conform to the requirements listed in the Performance

Work Statement. Technical capability should include product literature; Federal and State licenses; warranties;

guarantees. This information will be used to assist in the technical evaluation described in EVALUATION OF

TECHNICAL, in ADDENDUM TO FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS.

PART II: PRICE. The offeror shall submit Exhibit 1 with the price per services. Any additional prices shall be listed with details explaining the price. This information will be used to assist in the price analysis described in

EVALUATION OF THE PROPOSED PRICES, in ADDENDUM TO FAR 52.212-2, EVALUATION -mailto:ronald.d.govans2.civ@health.mil

COMMERCIAL ITEMS. Representations and Certifications found at FAR 52.212-3 ALT I SHALL be completed and submitted with the offer.

Para (g) Contract award. This is amended to state that the Government may conduct discussions prior to contract award.

Para (j) Data Universal Numbering System (DUNS) / CAGE Code. The offeror shall obtain these said Codes and submit them to Contracting Center. Registration in the System for Award Management (SAM), if you are a US firm.

Award cannot and shall not be made to an offeror without these codes.

Para (n) Bid Preparation Costs. This solicitation does not commit…