FA7000-14-R-0018_Solicitation.pdf

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Personal Services Clinical Healthcare Support Federal contract opportunity
Solicitation number
FA7000-14-R-0018
Issued by
Department of the Air Force Headquarters Air Force Academy

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FA7000-14-R-0018 Solicitation

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Amendment_5.pdf PDF
Attachment_1_Performance_Work_Statement_Revision_1_16_July_2014.pdf PDF
QUESTIONS_AND_RESPONSES_as_of_10_July_2014.docx DOCX document
QUESTIONS_AND_RESPONSES_as_of_8_July_14.docx DOCX document
Amendment_4.pdf PDF
QUESTIONS_AND_RESPONSES_as_of_2_July_14.docx DOCX document
FAR_52.212-1_Addendum_2_July_2014.docx DOCX document
FA7000-14-R-0018-0003_Amendment_3.pdf PDF
QUESTIONS_AND_RESPONSES_as_of_1_July_14.docx DOCX document
FA7000-14-R-0018-0002_Amendment_2.pdf PDF
Attachment__3_Clinicial_Support_Pricing_Worksheet_REVISED_1_JULY_2014.xlsx XLSX spreadsheet
QUESTIONS_AND_RESPONSES_as_of_30_June_14.docx DOCX document
Attachment__3_Clinicial_Support_Pricing_Worksheet.xlsx XLSX spreadsheet
Conformed_FA7000-14-R-0018.pdf PDF
Amendment_0001_FA7000-14-R-0018.pdf PDF
Attachment_1_Performance_Work_Statement_26_June_2014.pdf PDF
QUESTIONS_AND_RESPONSES.docx DOCX document
Attachment__5_Past_Performance_Questionnaire.docx DOCX document
Attachment__3_Clinicial_Support_Pricing_Worksheet.xlsx XLSX spreadsheet
Attachment_6_Offeror's_Financial_References.doc DOC document
Attachment_2_Wage_Determination.docx DOCX document
Attachment_4_Quality_Assurance_Surveillance_Plan_(QASP)_28_May_2014.pdf PDF
Attachment_1_Performance_Work_Statement_28_May_2014.pdf PDF
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Text version

10 CONS - FA7000

DAVIDSON, M.

8110 INDUSTRIAL DRIVE, STE 200

LGCB

USAF ACADEMY CO 80840-2315

719-333-2933

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$35.5 M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA7000-14-R-0018 18-Jun-2014

b. TELEPHONE NUMBER

719-333-2933

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 15 Jul 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA7000

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE F4B410 16. ADMINISTERED BY

10 MDG/SGSL - F4B410

TERESA KLATASKA

4102 PINION DR., STE 3

USAF ACADEMY CO 80840

TEL: 719-333-5628 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHAEL DAVIDSON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

622110

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA7000-14-R-0018

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Hours Clinical Support Services

FFP

Base Year: 15 Aug 2014 through 14 Aug 2015. Clinical Support Services. Provide

Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE:

Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Hours On Call Weeknight

FFP

Base Year: 15 Aug 2014 through 14 Aug 2015. Clinical Support Services.

Provide Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE:

Complete the Clinical Healthcare Pricing Worksheet (Attachment 3)

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Hours On Call Weekend and Holiday

FFP

Base Year: 15 Aug 2014 through 14 Aug 2015. Clinical Support Services.

Provide Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE: Complete

Clinical Healthcare Pricing Worksheet (Attachment 3)

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Lot Travel for Clinical Support Services

COST

Base Year: 15 Aug 2014 through 14 Aug 2015. The healthcare worker may be required to perform periodic travel within the Continental United States

(CONUS) as directed by the Government and approved in advance by the

Contracting Officer (CO). The Contractor shall be responsible for obtaining all passenger transportation, lodging and subsistence. The Contractor shall travel using the lowest cost mode of transportation commensurate with the mission requirements. When necessary to use air travel, the Contractor shall use the tourist class, economy class or similar accommodations to the extent they are available and commensurate with the mission requirements. Travel will be reimbursed on a cost reimbursable basis; no profit or fee will be paid.

Reimbursement of CONUS travel costs will be in accordance with Federal

Travel Regulations per FAR 31.205-46.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED Hours OPTION Clinical Support Services

FFP

Option Year One: 15 Aug 2015 through 14 Aug 2016. Clinical Support Services.

Provide Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

1002 UNDEFINED Hours OPTION On Call Weeknight

FFP

Option Year One: 15 Aug 2015 through 14 Aug 2016. Clinical Support Services.

Provide Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

1003 UNDEFINED Hours OPTION On Call Weekend and Holiday

FFP

Option Year One: 15 Aug 2015 through 14 Aug 2016. Clinical Support Services.

Provide Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

1004 UNDEFINED Lot OPTION Travel for Clinical Support Services

COST

Option Year One: 15 Aug 2015 through 14 Aug 2016. The healthcare worker may be required to perform periodic travel within the Continental United States

(CONUS) as directed by the Government and approved in advance by the

Contracting Officer (CO). The Contractor shall be responsible for obtaining all passenger transportation, lodging and subsistence. The Contractor shall travel using the lowest cost mode of transportation commensurate with the mission requirements. When necessary to use air travel, the Contractor shall use the tourist class, economy class or similar accommodations to the extent they are available and commensurate with the mission requirements. Travel will be reimbursed on a cost reimbursable basis; no profit or fee will be paid.

Reimbursement of CONUS travel costs will be in accordance with Federal

Travel Regulations per FAR 31.205-46.

UNIT UNIT PRICE MAX AMOUNT

2001 UNDEFINED Hours OPTION Clinical Support Services

FFP

Option Year Two: 15 Aug 2016 through 14 Aug 2017. Clinical Support Services.

Provide Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

2002 UNDEFINED Hours OPTION On Call Weeknight

FFP

Option Year Two: 15 Aug 2016 through 14 Aug 2017. Clinical Support Services.

Provide Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

2003 UNDEFINED Hours OPTION On Call Weekend and Holiday

FFP

Option Year Two: 15 Aug 2016 through 14 Aug 2017. Clinical Support Services.

Provide Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

2004 UNDEFINED Lot OPTION Travel for Clinical Support Services

COST

Option Year Two: 15 Aug 2016 through 14 Aug 2017. The healthcare worker may be required to perform periodic travel within the Continental United States

(CONUS) as directed by the Government and approved in advance by the

Contracting Officer (CO). The Contractor shall be responsible for obtaining all passenger transportation, lodging and subsistence. The Contractor shall travel using the lowest cost mode of transportation commensurate with the mission requirements. When necessary to use air travel, the Contractor shall use the tourist class, economy class or similar accommodations to the extent they are available and commensurate with the mission requirements. Travel will be reimbursed on a cost reimbursable basis; no profit or fee will be paid.

Reimbursement of CONUS travel costs will be in accordance with Federal

Travel Regulations per FAR 31.205-46.

UNIT UNIT PRICE MAX AMOUNT

3001 UNDEFINED Hours OPTION Clinical Support Services

FFP

Option Year Three: 15 Aug 2017 through 14 Aug 2018. Clinical Support

Services. Provide Clinical Support Service for the Colorado Springs Military

Health System in accordance with the Performance Work Statement (PWS).

NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

3002 UNDEFINED Hours OPTION On Call Weeknight

FFP

Option Year Three: 15 Aug 2017 through 14 Aug 2018. Clinical Support

Services. Provide Clinical Support Service for the Colorado Springs Military

Health System in accordance with the Performance Work Statement (PWS).

NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

3003 UNDEFINED Hours OPTION On Call Weekend and Holiday

FFP

Option Year Three: 15 Aug 2017 through 14 Aug 2018. Clinical Support

Services. Provide Clinical Support Service for the Colorado Springs Military

Health System in accordance with the Performance Work Statement (PWS).

NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

3004 UNDEFINED Lot OPTION Travel for Clinical Support Services

COST

Option Year Three: 15 Aug 2017 through 14 Aug 2018. The healthcare worker may be required to perform periodic travel within the Continental United States

(CONUS) as directed by the Government and approved in advance by the

Contracting Officer (CO). The Contractor shall be responsible for obtaining all passenger transportation, lodging and subsistence. The Contractor shall travel using the lowest cost mode of transportation commensurate with the mission requirements. When necessary to use air travel, the Contractor shall use the tourist class, economy class or similar accommodations to the extent they are available and commensurate with the mission requirements. Travel will be reimbursed on a cost reimbursable basis; no profit or fee will be paid.

Reimbursement of CONUS travel costs will be in accordance with Federal

Travel Regulations per FAR 31.205-46.

UNIT UNIT PRICE MAX AMOUNT

4001 UNDEFINED Hours OPTION Clinical Support Services

FFP

Option Year Four: 15 Aug 2018 through 14 Aug 2019. Clinical Support Services.

Provide Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

4002 UNDEFINED Hours OPTION On Call Weeknight

FFP

Option Year Four: 15 Aug 2018 through 14 Aug 2019. Clinical Support Services.

Provide Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

4003 UNDEFINED Hours OPTION On Call Weekend and Holiday

FFP

Option Year Four: 15 Aug 2018 through 14 Aug 2019. Clinical Support Services.

Provide Clinical Support Service for the Colorado Springs Military Health System in accordance with the Performance Work Statement (PWS). NOTE: Complete the Clinical Healthcare Pricing Worksheet (Attachment 3).

UNIT UNIT PRICE MAX AMOUNT

4004 UNDEFINED Lot OPTION Travel for Healthcare Services

COST

Option Year Four: 15 Aug 2018 through 14 Aug 2019. The healthcare worker may be required to perform periodic travel within the Continental United States

(CONUS) as directed by the Government and approved in advance by the

Contracting Officer (CO). The Contractor shall be responsible for obtaining all passenger transportation, lodging and subsistence. The Contractor shall travel using the lowest cost mode of transportation commensurate with the mission requirements. When necessary to use air travel, the Contractor shall use the tourist class, economy class or similar accommodations to the extent they are available and commensurate with the mission requirements. Travel will be reimbursed on a cost reimbursable basis; no profit or fee will be paid.

Reimbursement of CONUS travel costs will be in accordance with Federal

Travel Regulations per FAR 31.205-46.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1,880.00 $2,500.00 2,150,000.00 $45,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and

CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1,800.00 400,000.00

0002 1,880.00 30,000.00

0003 1,880.00 30,000.00

1001 1,880.00 400,000.00

1002 1,880.00 30,000.00

1003 1,880.00 30,000.00

2001 1,880.00 400,000.00

2002 1,880.00 30,000.00

2003 1,880.00 30,000.00

3001 1,880.00 400,000.00

3002 1,880.00 30,000.00

3003 1,880.00 30,000.00

4001 1,880.00 400,000.00

4002 1,880.00 30,000.00

4003 1,880.00 30,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/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 Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 15-AUG-2014 TO

14-AUG-2015

N/A 10 MDG/SGSL - F4B410

TERESA KLATASKA

4102 PINION DR., STE 3

USAF ACADEMY CO 80840

719-333-5628

F4B410

0002 POP 15-AUG-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 15-AUG-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 15-AUG-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 15-AUG-2015 TO

14-AUG-2016

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 15-AUG-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 15-AUG-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 15-AUG-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 15-AUG-2016 TO

14-AUG-2017

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 15-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 15-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 15-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 15-AUG-2017 TO

14-AUG-2018

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 15-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 15-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 15-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 15-AUG-2018 TO

14-AUG-2019

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 15-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 15-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 15-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

MAY 2012

52.212-4 Contract Terms and Conditions--Commercial Items SEP 2013

ADDENDUM TO FAR 52.212-4(C)

ADDENDUM TO FAR 52.212-4(c) CHANGES Text in paragraph (c) is deleted and replaced with the following:

Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b))

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns JUL 2013

52.219-14 Limitations On Subcontracting NOV 2011

52.219-17 Section 8(A) Award DEC 1996

52.219-18 Notification Of Competition Limited To Eligible 8 (A)

Concerns

JUN 2003

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.222-3 Convict Labor JUN 2003

52.222-17 Nondisplacement of Qualified Workers JAN 2013

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2014

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-35 Equal Opportunity for Veterans SEP 2010

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010

52.222-37 Employment Reports on Veterans SEP 2010

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Act Of 1965 NOV 2007

52.222-43 Fair Labor Standards Act And Service Contract Act - Price

Adjustment (Multiple Year And Option)

SEP 2009

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.232-18 Availability Of Funds APR 1984

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

Management

JUL 2013

52.233-3 Protest After Award AUG 1996

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

52.237-3 Continuity Of Services JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012

252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7007 Limitation Of Government's Obligation APR 2014

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items

(JAN 2014) Alternate I (Deviation) (FEB 2000)

(a) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(1) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1

(41 U.S.C. 251 note)).

(2) 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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(3) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(4) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(5) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(6) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(7) 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.

(8) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(9) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(10) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(11) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(12) 52.222-54, Employment Eligibility Verification (Jul 2012).

https://acquisition.gov/far/current/html/52_222.html#wp1147587 https://acquisition.gov/far/current/html/52_222.html#wp1147587 https://acquisition.gov/far/current/html/52_222.html#wp1160019 https://acquisition.gov/far/current/html/52_222.html#wp1160019

(13) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(14) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(15) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-

64.

(b) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation.

(End of provision)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 15 August

2014 through 14 August 2019.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

(End of clause)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $3,000,000.00;

https://acquisition.gov/far/current/html/52_223_226.html#wp1183820 https://acquisition.gov/far/current/html/52_223_226.html#wp1183820 https://acquisition.gov/far/current/html/52_247.html#wp1156217 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++%2846%29%20%20AND%20%28%2846%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++%2846%29%20%20AND%20%28%2846%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://acquisition.gov/far/current/html/52_247.html#wp1156217 https://acquisition.gov/far/current/html/52_247.html#wp1156217

(2) Any order for a combination of items in excess of $25,000,000.00; or

(3) A series of orders from the same ordering office within 5 (five) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 (ten) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 14 August 2019.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

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

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

(3) For long-term contracts--

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

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

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

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The

Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in

SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 622110- assigned to contract number FA7000-14-X-XXXX.

(Contractor to sign and date and insert authorized signer's name and title).

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29

CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Grade Monetary Wage Fringe Benefits

Licensed Vocational Nurse/Licensed Practical Nurse GS-05 $31,628.00 36.17%

LPN/LVN – Flight Medicine/Occupational Medicine/MSME GS-05 $31,628.00 36.17%

Ophthalmology Lead Laser Technician GS-07 $39,179.00 36.17%

Ophthalmology Technician (Laser Eye) GS-06 $35,256.00 36.17%

Ophthalmology Technicians (Ophthalmology Clinic) GS-06 $35,256.00 36.17%

Optometry Technician GS-05 $31,628.00 36.17%

Phlebotomist GS-04 $28,269.00 36.17%

Pharmacy Technicians GS-05 $31,628.00 36.17%

Ten paid holidays as follows: New Year’s day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day.

Paid annual leave (vacation) as follows: 2 hours of annual leave each week for an employee with less than 3 years of service; 3 hours of annual leave each week for an employee with 3 but less than 15 years of service; 4 hours of annual leave each week for an employee with 15 years of service.

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):

http://farsite.af.mil/

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection

201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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 System for Award Management at https://www.acquisition.gov; and

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data

Interchange, or File Transfer Protocol.

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

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

2-in-1 Invoice

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer.

Destination

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(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 F67100

Issue By DoDAAC F67100

Admin DoDAAC FA7000

Inspect By DoDAAC F4B410

Ship To Code F4B410

Ship From Code F4B410

Mark For Code Not Applicable

Service Approver (DoDAAC) Not Applicable

Service Acceptor (DoDAAC) F4B410

Accept at Other DoDAAC F4B410

LPO DoDAAC Not Applicable

DCAA Auditor DoDAAC Not Applicable

Other DoDAAC(s) Not Applicable

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(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.

Not Applicable

(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.

Not Applicable

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

5352.201-9101 OMBUDSMAN (NOV 2012)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the

Center/MAJCOM/DRU or AFISRA ombudsmen, Kelly S. Snyder

8110 Industrial Drive, Ste 103

USAFA, CO 80840

Telephone number 719-333-2074

FAX 719-333-9018

email: kelly.snyder@us.af.mil

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or

AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC

20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and refer to USAFA A-01 Contractor Access to USAFA Instruction to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 131-101, Integrated Defense paragraph 2.4.2.1.4., Homeland Security Presidential Directive 12

(HSPD-12) (USAFA/IP, 333-2405); USAFA 131-105, Vehicle Access Puck/Proximity Access Card Issue and

Control (FOUO) applies to this contract. Paragraphs 2.1.1, 2.1.2, 2.1.4 and 2.1.6 (10 SFS/S5B, 333-3327); AFI

131-113, USAFA Supplement Installation Perimeter Acess Control applies to this contract (FOUO). Paragraph

6.7.2 (10 SFS/S5B, 333-3327); AFI 31-501, USAFA Supplement Personnel Security Program Management applies to this contract. Paragraph 3.2.4.6, Contract employees requiring NAC. (USAFA/IP, 333-2405); AFI 31-401, USAFA Supplement Information Security Program Management applies to this contract. Paragraphs 8.5, 8.9.1, and

8.9.4. (USAFA/IP, 333-2405.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

HIPAA

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (June 2012) In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy

Regulation,” January 24, 2003, the Contractor 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 Contractor 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.

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).

Privacy Rule means the Standards for Privacy of Individually Identifiable Health

Information 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 160.103, limited to the information created or received by the Contractor from or on behalf of the Government pursuant to the Contract.

Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103.

Required by Law has the same meaning as the term “required by law” in 45 CFR

164.103.

Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part

160, 162 and part 164, subpart C.

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 Contractor 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 Contractor shall use appropriate safeguards to prevent use or disclosure of the

Protected Health Information other than as provided for by this Contract.

(d) The Contractor 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 Contractor shall, at their own expense, take action 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 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/tma/privacy/breach.aspx.

(f) The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware.

http://www.tricare.mil/tma/privacy/breach.aspx

(g) The Contractor shall report to the Government any use or disclosure of the Protected

Health Information not provided for by this Contract of which the Contractor becomes aware.

(h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor, 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.

(i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

(j) The Contractor 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 Contractor shall 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, and in the time…

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