PWS Telephone Contrac Services.doc

PERFORMANCE WORK STATEMENT

REMEDIAL MAINTENANCE OF

TELEPHONE SYSTEMS AND COMPONENTS

Medical Treatment Facility, Buildings 5801, 5811, 3334

1. DESCRIPTION. Contractor shall furnish complete remedial, on call service maintenance, to include all software update services for the Telephone systems and Components located at the Medical Treatment Facility, Buildings 5801, 5811, 3334, Tinker AFB, Oklahoma.

1.1. POINT OF CONTACT. The Contractor shall provide a Help Desk contact who is available during business hours, Monday – Friday, excluding Government holidays. The Contractor shall provide a telephone number of the Help Desk contact to ensure that the government can request on call services as needed.

1.2. SPECIFIC TASKS:

1.2.1. Remedial Maintenance (RM). The contractor shall be perform all remedial maintenance, repairs and relocations for the 72 MDG telephone system.. These services are to be provided as on site repair services. After notification by the Government of a relocation or failure to the system, the contractor shall repair broken system and shall have the system operational within 3 calendar days (inclusive of the response time identified in paragraph 3). The contractor shall provide a written report on the item describing the repairs accomplished and the repair time required. Service shall be provided on a per call basis.

1.2.2. Quality Control Program: The contractor shall establish and maintain a complete quality control program to ensure the requirements of this contract are provided as specified, this report shall be furnished to the Contract Administrator and the Quality Assurance Evaluator at the start of the contract and also as changes may occur.

1.3. HOURS OF OPERATION: The contractor shall perform all work Monday through Friday, 0700 – 1600 hours excluding Government holidays.

1.4. RESPONSE TIME: The contractor shall respond to each service call within 24 hours after notification from authorized Government representatives or Quality Assurance Evaluator. Contractor response to a service call request within the required time frame identified, means that the contractor has provided to the specified site a qualified technician who is adequately trained on the specific equipment for which the call was placed and who accomplishes, as a minimum, a tear down/evaluation of the equipment to determine malfunctions(s) and needed repairs.

1.5 DISPOSAL OF REMOVED MATERIALS:

1.5.1 WORK AREA: The contractor shall be responsible to keep the work area that services are being performed in a safe environment to eliminate any safety hazards to patients and clinical personnel.

1.5.2 ENVIRONMENTAL PROTECTION & SAFETY. The contractor shall be knowledgeable of and comply with all applicable federal, state, and local laws regulations and requirements regarding environmental protection. In the event environmental laws or regulations change during the term of this contract, the contractor is required to comply as such laws come into effect.

1.6. UNSATISFACTORY PERFORMANCE: Unsatisfactory performance

shall result in work being re-accomplished at no cost to the Government.

1.7. DAMAGES. The contractor shall be responsible to the Government for any damages created by their actions during the performance of this maintenance services.

1.8 Contractor Employees. The Contractor shall not employ persons on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, and/or general well being or operational mission of the installation and its population. Contractor shall provide Government initial and updated lists of Contractor employees’ names and position titles. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest, nor shall the Contractor employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval according to the DoD 5500.7-R Joint Ethics Regulations (JER). In addition, the Contractor shall not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to the policies contained in AFI 64-106, Air Force Industrial Labor Relations Activities. The Contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours, or deployment. Military Reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the Contractor's ability to perform. Their absence at any time shall not constitute an excuse for nonperformance under this contract. The Contractor shall be prohibited from employing off-duty Quality Assurance Personnel (QAPs) who are surveilling any contracts/subcontracts awarded to the Contractor. All contract employees depending on particular condition, occasion or place, or job assignment shall require professional, suitable attire. All contractor employees shall conduct themselves in a professional, courteous manner. The selection, assignment, reassignment, transfer, supervision, management, and control of Contractor employees in performance of this PWS shall be the responsibility and prerogative of the Contractor; however, the Contractor shall comply with the requirements set forth in this PWS and Tinker AFB regulations concerning conduct of employees as referenced herein. Contractor personnel shall comply with directives pertaining to operation of privately owned vehicles on Tinker AFB per AFI 31-204, Motor Vehicle Traffic Supervision. The Contractor shall employ and maintain a technically trained and experienced work force.

1.9 Health Insurance Portability and Accountability Act (HIPAA) Introduction

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 (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/tmaprivacy/breach.cfm

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

(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 and manner reasonably designated by the Government.

(l) The Contractor 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 Contractor, 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 Contractor 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 Contractor 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.

General Use and Disclosure Provisions

Except as otherwise limited in this Clause, the Contractor 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.

Specific Use and Disclosure Provisions

(a) Except as otherwise limited in this Clause, the Contractor may use

Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor.

(b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains 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 Contractor of any instances of which it is aware in which the confidentiality of the information has been breached.

(c) Except as otherwise limited in this Clause, the Contractor may use

Protected Health Information to provide Data Aggregation services to the

Government as permitted by 45 CFR 164.504(e)(2)(i)(B).

(d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).

Obligations of the Government

Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions

(a) The Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520.

(b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health

Information, if such changes affect the Contractor’s permitted or required uses and disclosures.

(c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.

Permissible Requests by the Government

The Government shall not request the Contractor to use or disclose

Protected Health Information in any manner that would not be permissible under the 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 Contractor as otherwise permitted by this clause.

Termination

(a) Termination. A breach by the Contractor of this clause, may subject the

Contractor to termination under any applicable default or termination provision of this Contract.

(b) Effect of Termination.

(1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be 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 Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information.

(3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health

Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information.

Miscellaneous

(a) Regulatory References. A reference in this Clause to a section in 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.

2. SERVICE DELIVERY SUMMARY

Para Performance Threshold

100% Acceptance

2. Contractor shall provide a point of contact

1.1

100% Acceptance

4. Contractor shall create a safe environment while performing on site services.

1.5.1

100% Acceptance

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES.

3.1 INSPECTION AND ACCEPTANCE. Inspection and acceptance of services performed under this contract shall be accomplished by the designated Government personnel, based upon the ability of the equipment to meet the operational requirements specified in the manufacturers specifications.

3.2 Utilities. The Government will furnish utility service for the sole purpose of accomplishment of this contract. If the contractor requires additional utility services, it shall be the contractor’s responsibility to provide. Contractors shall use care and diligence in efforts to conserve utilities to reduce utility cost.