Liquid Nitrogen
Added: Aug 04, 2014 9:07 am Section A - Solicitation/Contract FormCLAUSES INCORPORATED BY FULL TEXTTIN: CAGE: DUNS:Vendor Point of Contact: Phone: Vendor email:Billing/Payment in Arrears.Naval Medical Center Contracting POC: Harold WoodleyPhone: 757-953-7276Fax: 757-953-5006Email: harold.woodley@med.navy.milProduct/Services for:Naval Dosimetry CenterPOC: Ben MorganPhone: 301-400-3039Email: benjamin.morgan2@med.navy.milVendor to reference RFQ number N00183-14-T-0268 on all inquires.Reference:PROMPT PAYMENTFor Prompt Payment Act Purposes, this contract is:Subject to the 7-calender day constructive acceptance period."AVAILABILITY OF FUNDS. Pursuant to Section I, Availability of Funds (FAR 52.232-18), of the contract, funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing to the Contracting Officer.Section B - Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0001 14,000 Hundred Cubic Feet LN2CCF Liquid Nitrogen per 100 CF,FFPMicro-Bulk Systems. See Section C for Statement of Work.FOB: DestinationMILSTRIP: N6854615RCSK001PURCHASE REQUEST NUMBER: N6854615RCSK001NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0002 12 Months MD Monthy Demurrage (Tank Rental)FFPSee Section C for Statement of Work.FOB: DestinationMILSTRIP: N6854615RCSK001PURCHASE REQUEST NUMBER: N6854615RCSK001NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0003 52 Each DC Delivery ChargeFFPSee Section C for Statement of Work.FOB: DestinationMILSTRIP: N6854615RCSK001PURCHASE REQUEST NUMBER: N6854615RCSK001NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0004 104 Hours DLC Delivery Labor ChargeFFPSee Section C for Statement of Work.FOB: DestinationMILSTRIP: N6854615RCSK001PURCHASE REQUEST NUMBER: N6854615RCSK001NET AMTSection C - Descriptions and SpecificationsCLAUSES INCORPORATED BY FULL TEXTSTATEMENT OF WORKSCOPE: Service Contract for Liquid Nitrogen Gas Tanks for Building 84T1. Contractor shall provide a total often (10) nitrogen gas tanks onsite.Contractor shall fill the 230 liter nitrogen tanks on-site from its microbulk truck instead of exchanging full tanks for empty tanks. The billing unit of measure is per ccf (hundred cubic feet). Based on the conversion factor of 1 liter = 0.246 ccf, a 230-liter tanks hold 56.58 ccf. Tanks shall not exceed 61-7/8" x 26" in diameter and have roller casters 26" in diameter.2. The contractor shall retrieve the empty tanks from the nitrogen storage room (Bldg 84T, Rm. 142) and return full tanks to same.3. Contractor shall be able to refill tanks on a weekly basis and as needed.4. Contractor shall leave a signed delivery ticket stating the total volume delivered at the time of delivery and a total price of liquid nitrogen delivered.5. Contract value is not to exceed $40,000.6. Primary facility: Naval Dosimetry Center (NDC), Building 84T, 8901 Wisconsin Avenue, Bethesda, MD 20889-5614.7. POC: Mr. Ben Morgan, (Operations Head), 301-400-3039; Mr. Cistopher Worley (Operations Supervisor), 301-295-0247; and Ms. Tracy Haynes (Secretary), 301-295-1402 at NDC, Bethesda, MD.Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (July 2013)Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 - "DoD Implementation of Homeland Security Presidential Directive - 12 (HSPD-12)" dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.APPLICABILITY This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.ACCESS TO FEDERAL FACILITIES Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Navy Command's Security Manager upon arrival to the Navy Command and shall out-process prior to their departure at the completion of the individual's performance under the contract.ACCESS TO DOD IT SYSTEMS In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity's Command Information Assurance Manager. Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee's duties, such employees shall in-process with the Navy Command's Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-Ni therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the "supervisor".The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date.When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.INTERIM ACCESS The Navy Command' s Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.DENIAL OR TERMINATION OF ACCESS The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.CONTRACTOR'S SECURITY REPRESENTATIVE The contractor shall designate an employee to serve as the Contractor's Security Representative. Within tee work days after contract award, the contractor shall provide to the requiring activity's Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor's Security Representative. The Contractor's Security Representative shall be the primary point of contact on any security matter. The Contractor's Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Navy recognizes contractor employees under this contract as Non-Critical Sensitive [ADP/IT-II] when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The NACLC consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:• SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product) • Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) • Original Signed Release StatementsFailure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) toughout the contract performance period. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Navy Command's Security Manager upon arrival to the Navy command and shall out­ process prior to their departure at the completion of the individual's performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command's Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date.The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Navy Command Security Manager. The Navy Command's Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/security issues identified by the Navy may render the contractor employee ineligible for the assignment. An unfavorable determination made by the Navy is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Navy Command's Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a determination.If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor's Security Representative. Although the contractor will take JPAS "Owning" role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee's performance under the contract.BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:• Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and • Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a FBI fingerprint check prior to installation access.To be considered for a favorable trustworthiness determination, the Contractor's Security Representative must submit for all employees each of the following:• SF-85 Questionnaire for Non-Sensitive Positions • Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) • Original Signed Release StatementsThe contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM.Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date.* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.Section E - Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMSSupplies/services will be inspected/accepted at:CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination GovernmentCLAUSES INCORPORATED BY REFERENCE52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008 Section F - Deliveries or Performance DELIVERY INFORMATIONCLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 01-OCT-2014 TO30-SEP-2015 N/A NAVY & MARINE CORPS PUBLIC HEALTH CENTERDARLENE KNIGHT620 JOHN PAUL JONES CIRCLESUITE 1100PORTSMOUTH VA 23708757-953-0925FOB: Destination N68546 0002 POP 01-OCT-2014 TO30-SEP-2015 N/A (SAME AS PREVIOUS LOCATION)FOB: Destination N68546 0003 POP 01-OCT-2014 TO30-SEP-2015 N/A (SAME AS PREVIOUS LOCATION)FOB: Destination N68546 0004 POP 01-OCT-2014 TO30-SEP-2015 N/A (SAME AS PREVIOUS LOCATION)FOB: Destination N68546CLAUSES INCORPORATED BY REFERENCE52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991CLAUSES INCORPORATED BY FULL TEXT52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price. Section G - Contract Administration Data CLAUSES INCORPORATED BY FULL TEXT252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)(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.(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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 Central Contractor Registration 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 tough 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 AND RECEIVING REPORT COMBO-----------------------------------------------------------------------(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.DESTINATION / DESTINATION-----------------------------------------------------------------------(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 thesystem.Routing Data Table*Field Name in WAWF Data to be entered in WAWFPay Official DoDAAC HQ0248Issue By DoDAAC N00183Admin DoDAAC N00183Inspect By DoDAAC N/AShip To Code N68546Ship From Code N/AMark For Code N/AService Approver (DoDAAC) N/AService Acceptor (DoDAAC) N/AAccept at Other DoDAAC N/ALPO DoDAAC N68546DCAA Auditor DoDAAC N/AOther DoDAAC(s) N/A(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 notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.WAWF Acceptor/COR Email Address: darlene.knight@med.navy.mil -----------------------------------------------------------------------(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.wawf@med.navy.mil -----------------------------------------------------------------------(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.(End of clause)Section H - Special Contract RequirementsCLAUSES INCORPORATED BY FULL TEXTN00183-0004 PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION1. IntroductionIn accordance with DoD 6025.18-R "Department of Defense Health Information Privacy Regulation," January 24, 2003, the Business Associate meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Business Associate agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented.a. Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R.(1) HITECH Act shall mean the Health Information Technology for Economic and Clinical Health Act included in the American Recovery and Reinvestment Act of 2009.(2) Individual has the same meaning as the term "individual" in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).(3) Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.(4) Protected Health Information has the same meaning as the term "protected health information" in 45 CFR 160.103, limited to the information created or received by the Business Associate from or on behalf of the Government pursuant to the Contract.(5) Electronic Protected Health Information has the same meaning as the term "electronic protected health information" in 45 CFR 160.103.(6) Required by Law has the same meaning as the term "required by law" in 45 CFR 164.103.(7) Secretary means the Secretary of the Department of Health and Human Services or his/her designee.(8) Security Incident will have the same meaning as the term "security incident" in 45 CFR 164.304, limited to the information created or received by Business Associate from or on behalf of Covered Entity.(9) Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C.(10) Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304, and 164.501.b. The Business Associate shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.c. The Business Associate shall use appropriate safeguards to maintain the privacy of the Protected Health Information and to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.d. The HIPAA Security administrative, physical, and technical safeguards in 45 CFR 164.308, 164.310, and 164.312, and the requirements for policies and procedures and documentation in 45 CFR 164.316 shall apply to Business Associate. The additional requirements of Title XIII of the HITECH Act that relate to the security and that are made applicable with respect to covered entities shall also be applicable to Business Associate. The Business Associate agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.e. The Business Associate shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at: http://www.tricare.mil/tmaprivacy/breach.cfmf. The Business Associate shall report to the Government any security incident involving protected health information of which it becomes aware.g. The Business Associate shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Business Associate becomes aware.h. The Business Associate shall ensure that any agent, including a sub Business Associate, to whom it provides Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, agrees to the same restrictions and conditions that apply tough this Contract to the Business Associate with respect to such information.i. The Business Associate shall ensure that any agent, including a subBusiness Associate, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.j. The Business Associate shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.k. The Business Associate shall make any amendment(s) to Protected HealthInformation in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government.l. The Business Associate shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government's compliance with the Privacy Rule.m. The Business Associate shall 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 Protected Health Information in accordance with 45 CFR 164.528.n. The Business Associate shall provide to the Government or an Individual, in time and manner reasonably 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 Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.2. General Use and Disclosure ProvisionsExcept as otherwise limited in this Clause, the Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government. The additional requirements of Title XIII of the HITECH Act that relate to privacy and that are made applicable with respect to covered entities shall also be applicable to Business Associate.3. Specific Use and Disclosure Provisionsa. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.b. Except as otherwise limited in this Clause, the Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are required by law, or the Business Associate obtains reasonable 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 Business Associate 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 Clause, the Business Associate 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. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).4. Obligations of the GovernmentProvisions for the Government to Inform the Business Associate of Privacy Practices and Restrictionsa. The Government shall provide the Business Associate with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520.b. The Government shall provide the Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected HealthInformation, if such changes affect the Business Associate's permitted or required uses and disclosures.c. The Government shall notify the Business Associate of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.5. Permissible Requests by the GovernmentThe Government shall not request the Business Associate to use or discloseProtected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Business Associate as otherwise permitted by this clause.6. Terminationa. Termination. A breach by the Business Associate of this clause, may subject the Business Associate 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 handled 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 Business Associate shall return or destroy all Protected Health Information received from the Government, or created or received by the Business Associate on behalf of the Government. This provision shall apply to Protected Health Information that agents of the Business Associate may come in contact. The Business Associate shall retain no copies of the Protected Health Information.(3) If this contract does not have records management provisions and the Business Associate determines that returning or destroying the Protected Health Information is infeasible, the Business Associate shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Business Associate that return or destruction of Protected Health Information is infeasible, the Business Associate 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 Business Associate maintains such Protected Health Information.7. Miscellaneousa. Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section currently 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 DoD 6025.18-R, DoD 8580.02-R, the HIPAA Privacy Rule or the HIPAA Security Rule. INFORMATION ONLY: This document has been designated for posting to the Navy Electronic Commerce Online (NECO) at http://www.neco.navy.milSection I - Contract ClausesCLAUSES INCORPORATED BY REFERENCE52.203-3 Gratuities APR 1984 52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.211-5 Material Requirements AUG 2000 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.233-3 Protest After Award AUG 1996 52.243-1 Changes--Fixed Price AUG 1987 52.246-1 Contractor Inspection Requirements APR 1984 52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form) APR 1984 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991CLAUSES INCORPORATED BY FULL TEXT52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)(a) Definition."Small business concern," as used in this clause, 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 size standards in this solicitation.(b) Applicability. This clause applies only to--(1) Contracts that have been totally set aside or reserved for small business concerns; and(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.(2) Any award resulting from this solicitation will be made to a small business concern.(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.(End of clause) 52.232-18 AVAILABILITY OF FUNDS (APR 1984)Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.(End of clause) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(1) Any such clause is unenforceable against the Government.(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked tough an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.(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):FAR Clauses http://acquisition.gov/comp/far/index.htmDFAR Clauses http://www.acq.osd.mil/dpap/dars/dfars/index.htm(End of clause) 252.204-7006 BILLING INSTRUCTIONS (OCT 2005)When submitting a request for payment, the Contractor shall--(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and(b) Separately identify a payment amount for each contract line item included in the payment request.(End of clause) 252.232-7001 DISPOSITION OF PAYMENTS (DEC 1991)Payment will be by a dual payee Treasury check made payable to the contractor or the and will be forwarded to that disbursing office for appropriate disposition.(End of clause)Section K - Representations, Certifications and Other Statements of OfferorsCLAUSES INCORPORATED BY REFERENCE52.225-18 Place of Manufacture SEP 2006CLAUSES INCORPORATED BY FULL TEXT52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)(a) Definitions.Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.(b) All offerors must submit the information required in paragraphs (d) tough (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.(d) Taxpayer Identification Number (TIN).___ TIN:.--------------------------------------------------------___ TIN has been applied for.___ TIN is not required because:___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;___ Offeror is an agency or instrumentality of a foreign government;___ Offeror is an agency or instrumentality of the Federal Government.(e) Type of organization.___ Sole proprietorship;___ Partnership;___ Corporate entity (not tax-exempt);___ Corporate entity (tax-exempt);___ Government entity (Federal, State, or local);___ Foreign government;___ International organization per 26 CFR 1.6049-4;___ Other--------------------------------------------------------(f) Common parent.___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.___ Name and TIN of common parent:Name-------------------------------------------------------------------TIN--------------------------------------------------------------------(End of provision) 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)The offeror represents that(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.(End of provision) Section L - Instructions, Conditions and Notices to BiddersCLAUSES INCORPORATED BY REFERENCE52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991CLAUSES INCORPORATED BY FULL TEXT52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):http://www.arnet.gov/far(End of provision N00183-14-T-0268 Department of the Navy Bureau of Medicine and Surgery
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