PRESOL | 65 | NOTICE OF INTENT TO ENTER INTO A BLANKET PURCHASE AGREEMENT (BPA) WITH BOSTON SCIENTIFIC ENDOSCOPY DIVISION, NATICK MA TO PROVIDE ENDOSCOPIC INSTRUMENTS AND SUPPLIES.

FBO DAILY ISSUE OF MARCH 25, 2006 FBO #1580
SOLICITATION NOTICE

65 -- NOTICE OF INTENT TO ENTER INTO A BLANKET PURCHASE AGREEMENT (BPA) WITH BOSTON SCIENTIFIC ENDOSCOPY DIVISION, NATICK MA TO PROVIDE ENDOSCOPIC INSTRUMENTS AND SUPPLIES.

Notice Date: 3/23/2006
Notice Type: Solicitation Notice
Contracting Office: Medcom Contracting Center North Atlantic, ATTN: MCAA NA Bldg T20, 6900 Georgia Avenue NW, Washington, DC 20307-5000
ZIP Code: 20307-5000
Solicitation Number: W91YTZ-06-A-0017
Response Due: 3/30/2006
Archive Date: 5/29/2006
Small Business Set-Aside: N/A
Description: NOTICE OF INTENT TO ENTER INTO A BLANKET PURCHASE AGREEMENT (BPA) WITH BOSTON SCIENTIFIC ENDOSCOPY DIVISION, NATICK MA TO PROVIDE ENDOSCOPIC INSTRUMENTS AND SUPPLIES. George Locke NARCO/WAMC Contracting Cell 910-907-9304 george.locke@na.amedd.army.mil THIS BPA DOES NOT OBLIGATE ANY FUNDS 1. BLANKET PURCHASE AGREEMENT (BPA): AUTHORITY: In accordance with FAR Subpart 13.303-2, the subject BPA is established with Boston Scientific Corporation. This Blanket Purchase Agreement (BPA) is entered into on the date in Block 3 of the form 1155 and shall be effective until 30 September 2010 unless sooner cancelled in writing by either party. This BPA can be extended for additional years by mutual agreem ent between both parties. It will be reviewed by the Contracting Officer at least once annually before the anniversary of he effective date, and revised to comform with all requirements of statues, Executive Orders, or the Federal Acquisition Regulation ( FAR) as these changes occur. Any revision shell be evidenced by a modification to this BPA. 2. DESCRIPTION OF AGREEMENT: a. The North Atlantic Regional Contracting Office (NARCO), as represented by the MEDCOM Center for Health Care Contracting (CHCC), is establishing this BPA, on a contingency basis, as a means for providing these instruments and supplies to Womack Army Med ical Center. b. The NARCO and Boston Scientific Corporation enter into this agreement to provide the following: (1.) Endoscopic Instruments and Supplies 3. This agreement shall be effective from 01 January 2006 and remain in effect for a period of five years. This BPA will be reviewed annually for cost efficiency and efficacy and may be extended for additional years by mutual agreement between both parti es. It will be reviewed by the Contracting Officer at least once annually before the anniversary of the effective date and revised to conform with all requirements of Statutes, Executive Orders or the Federal Acquisition Regulation (FAR) as these changes o ccur. Any revision shall be evidenced by a modification to this BPA. However, either party may terminate this agreement by giving thirty (30) days' written notice before the end of the agreement term. a. The items will be ordered by and direct delivered to WAMC Bldg 4-2817 Reilly Road Fort Bragg, NC 28310-5000. b. Payment for any resulting BPA(s) shipments will be made by Defense Finance and Accounting office, depending upon the dollar amount of the call. 4. PRICING: Pricing shall be established at the time of award of the BPA and updated annually and/or as required by any equipment change, substitution or upgrade. Pricing shall be based on published catalog price list and any discounts offered. Prices t o the Government shall be as low as, or lower than, those charged to the contractors most favored customers for comparable quantities of simliar items or services. Pricing information will be provided as an attachment to the BPA. 5. EXTENT OF OBLIGATION: The U.S. Government is obligated only to the extent of authorized purchases actually made under the resulting BPA(s). Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.204-7 Central Contractor Registration OCT 2003 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (SEP 2005) CLAUSES INCORPORATED BY FULL TEXT HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA), PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION (Apr 2005) (a) Definitions. As used in this clause: Electronic Protected Health Information has the same meaning as the term electronic protected health information in 45 CFR 160.103. Individual has the same meaning as the term individual in 45 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). Privacy Rule means the Standards for Privacy of Individually Identifiable Health Informa tion at 45 CFR part 160 and part 164, subparts A and E. Protected Health Information has the same meaning as the term protected health information in 45 CFR 164.501, limited to the information created or received by the Contractor from or on behalf of The Government. Required by Law has the same meaning as the term required by law in 45 CFR 164.501. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. Security Rule means the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR part 160 and part 164, subpart C. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR 160.103 164.103, and 164.304 and 164.501. (b) The Contractor agrees to not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law. (c) The Contractor agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. The Contractor agrees to implement administrative, physical, and technical safeguards tha t reasonably and appropriately protect the confidentiality, integrity and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of the Government. (d) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Contract. (e) The Contractor agrees to report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract. The Contractor agrees to report to the Government any security incident of which it becomes aware. (f) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information, in any format, that it creates, receives, maintains, or transmits on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. (g) The Contractor agrees to provide access, at the request of the Government, and in the time and manner designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an In dividual in order to meet the requirements under 45 CFR 164.524. (h) The Contractor agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government or an Individual, and in the time and manner designated by the Government. (i) The Contractor agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor on behalf of, the Government, available to the Governme nt, or at the request of the Government to the Secretary, in a time and manner designated by the Government or the Secretary, for purposes of the Secretary determining the Governments compliance with the Privacy Rule. (j) The Contractor agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protecte d Health Information in accordance with 45 CFR 164.528. (k) The Contractor agrees to provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individua l for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. General Use and Disclosure Provisions Except as otherwise limited in this Agreement, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for the following purposes, if such use or disclosure of Protected Health Information wou ld not violate the Privacy Rule or the Department of Defense Health Information Privacy Regulation if done by the Government: [List Purposes]. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Agreement, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor. (b) Except as otherwise limited in this Agreement, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reason able assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Agreement, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B). (d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1). Obligations of the Government Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions (a) Upon request, the Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice. (b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures. (c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522. Permissible Requests by the Government The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by the Government, except for providing Data Aggregation services to the Government a nd for management and administrative activities of the Contractor as otherwise permitted by this clause. Termination (a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract. (b) Effect of Termination. (1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be han dled in accordance with paragraphs (2) and (3) below. (2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received fro m the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor sha ll retain no copies of the Protected Health Information. (3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that m ake return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information. Miscellaneous (a) Regulatory References. A reference in this Clause to a section in the Privacy Rule means the section as in effect or as amended, and for which compliance is required. (b) Survival. The respective rights and obligations of Business Associate under the Effect of Termination provision of this Clause shall survive the termination of this Contract. (c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with the Privacy Rule and Security Rule. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 2006) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of comme rcial items: (Contracting Officer check as appropriate.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUL 1995), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a). ___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ___(4) [Removed]. ___ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). ___ (ii) Alternate I (OCT 1995) of 52.219-6. ___ (iii) Alternate II (MAR 2004) of 52.219-6. ___ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). ___ (ii) Alternate I (OCT 1995) of 52.219-7. ___ (iii) Alternate II (MAR 2004) of 52.219-7. ___ (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)). ___ (8)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2005) (15 U.S.C. 637(d)(4)). ___ (ii) Alternate I (OCT 2001) of 52.219-9 ___(iii) Alternate II (OCT 2001) of 52.219-9. ___ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)). ___ (10)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (JUNE 2003) of 52.219-23. ___ (11) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ _ (12) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (13) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004). X___ (14) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). ___ (15) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2006) (E.O. 13126). _X__ (16) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). _X__ (17) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246). _X__ (18) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212). _X__ (19) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). ___ (20) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212). ___ (21) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). ___ (22)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)). ___ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). X___ (23) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d). ___ (24)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JAN 2006) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286). ___ (ii) Alternate I (JAN 2004) of 52.225-3. ___ (iii) Alternate II (JAN 2004) of 52.225-3. ___ (25) 52.225-5, Trade Agreements (JAN 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (26) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury). ___ (27) 52.225-15, Sanctioned European Union Country End Products (FEB 2000) (E.O. 12849). ___ (28) 52.225-16, Sanctioned European Union Country Services (FEB 2000) (E.O. 12849). ___ (29) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ____ (30) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ____ (31) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). ____ (32) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332). ____ (33) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332). ____ (34) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). ____ (35)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ____ (ii) Alternate I (APR 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ____ (1) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005) (41 U.S.C. 351, et seq.). ____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (4) 52.222-44, Fair Labor Standards Act a nd Service Contract Act--Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreements (CBA) (May 1989) (41 U.S.C. 351, et seq.). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the cl ause 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 terminat ion 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. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $500,000 ($1,000 ,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (April 2002) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (December 2001) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). (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 elect ronically at this/these address(es): www. arnet.gov/far or farsite/hill/af.mil (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2005) __X__ 252.225-7001 Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C. 10a-10d, E.O. 10582).).
Place of Performance: Address: Medcom Contracting Center North Atlantic ATTN: MCAA NA Bldg T20, 6900 Georgia Avenue NW Washington DC; Zip Code: 20307-5000; Country: US
Record: SN01013607-W 20060325/060323212638 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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65 -- NOTICE OF INTENT TO ENTER INTO A BLANKET PURCHASE AGREEMENT (BPA) WITH BOSTON SCIENTIFIC ENDOSCOPY DIVISION, NATICK MA TO PROVIDE ENDOSCOPIC INSTRUMENTS AND SUPPLIES.