N00183-12-T-0028.doc

Section A - Solicitation/Contract Form

SECTION A

CONTRACTOR SHALL PROVIDE THE FOLLOWING:

FOR ITEMS COVERED ON FSS CONTRACT:

Part I. Vendor’s GSA / VA Federal Supply Schedule Contract containing the items specified herein must accompany this RFQ package when submitted for evaluation (see also Part II).

Part II.

GSA / VA Contract #:

FSS Group/Class/Part: ___________________________________

FSS SIN:

Single or Multiple Award Contract: __________________________

Expiration Date:

Contract Minimum Dollar Amount:

Contract Maximum Dollar Amount:

FOR OPEN MARKET ITEMS:

Part I. Vendor’s published or commercial Price List containing the items specified herein must accompany this RFQ package when submitted for evaluation.

NOTE: IF QUOTING BOTH OPEN MARKET AND GSA/VA FSS PRICING, VENDOR SHALL IDENTIFY THE O/M ITEMS FROM THE FEDERAL SUPPLY SCHEDULE ITEMS WITHIN THE RFQ.

VENDOR INFORMATION:

CAGE:

DUNS:

TIN:

Vendor Point of Contact:

Phone:

Vendor E-Mail:

Fax:

Contractor shall be required to provide billing electronically via the WAWF Electronic Invoicing Method per Section G of this RFQ. For additional information, visit the following web sites: https://wawf.eb.mil http://wawftraining and/or Email: wawf@nmlc.med.navy.mil (Please “x”) Payment in Arrears: ____Monthly ____Quarterly ____Semi-Annually ____Annually

(Please “x”) Payment in Advance: _____ (Subscriptions: Software/Publications ONLY)

Prompt Payment: For Prompt Payment Act purposes, this contract is subject to the 7 calendar-day constructive acceptance period.

NOTE: Government Reserves the right to make an award based on an “All or None” evaluation and/or based on the “Best Value” proposed for this requirement in terms of price and past performance. Vendors with superior past performance history may be given 1st consideration.

Naval Medical Center Portsmouth Point of Contact:

Contracting: Chantay Johnson 757-953-5005, E-Mail: chantay.johnson@med.navy.mil Vendor to reference Request for Quotation (RFQ) Number N00183-12-T-0028 on all correspondence relating to this RFQ.

Section B - Supplies or Services and Prices

FY12 Maintenance Service Agreement

FFP

in accordance with Statement of Work, Section C for the following items:

FOB: Destination

NET AMT

0001AA

Scanning System, Ultrasonic, General-

Model 400MD, ECN 013595, S/N 401186YM2

Manufacturer: GE Medical Systems

Location: Dam Neck 208

FOB: Destination

MILSTRIP: N4610612RQGY001

PURCHASE REQUEST NUMBER: N4610612RQGY001

NET AMT

0001AB

Two (2) Probes

Used with SubCLIN 0001AB.

Location: Dam Neck 208

FOB: Destination

MILSTRIP: N4610612RQGY001

PURCHASE REQUEST NUMBER: N4610612RQGY001

NET AMT

0001AC

Scanning System, Ultrasonic

Model TITAN, ECN 061128, S/N 03357D

Manufacturer: Sonosite Inc

Location: Cross Sectional Rad, 2/130822/ANGIO

FOB: Destination

MILSTRIP: N0018312RQXR025

PURCHASE REQUEST NUMBER: N0018312RQXR025

NET AMT

0001AD

Scanning System, Ultrasonic

Model EUB5500, ECN 080092, S/N KE12124704

Manufacturer: Hitachi Medical Systems America

Location: Radiation Therapy OP, 2/121420

FOB: Destination

MILSTRIP: N0018312RQRT012

PURCHASE REQUEST NUMBER: N0018312RQRT012

NET AMT

0001AE

Scanning System, Ultrasonic, General-

Purpose

Model SSD1700, ECN 091367, S/N M03513

Manufacturer: Aloka Co Ltd (USA)

Location: General Surgery OP, 2/241317

FOB: Destination

MILSTRIP: N0018312RQGS002

PURCHASE REQUEST NUMBER: N0018312RQGS002

NET AMT

0001AF

Scanning System, Ultrasonic, Obstetric/

Gynecologic

Model LOGIC 9, ECN 100010, S/N 92395US3

Manufacturer: GE Medical Systems

Location: Sewells Point Primary Care

FOB: Destination

MILSTRIP: N3251012RQPC006

PURCHASE REQUEST NUMBER: N3251012RQPC006

NET AMT

FFP

NET AMT

0002AA

FFP

Model 400MD, ECN 013595, S/N 401186YM2

Manufacturer: GE Medical Systems

Location: Dam Neck 208

NET AMT

0002AB

FFP

Used with SubCLIN 0001AB.

NET AMT

0002AC

FFP

Model TITAN, ECN 061128, S/N 03357D

Manufacturer: Sonosite Inc

Location: Cross Sectional Rad, 2/130822/ANGIO

NET AMT

0002AD

FFP

Model EUB5500, ECN 080092, S/N KE12124704

Manufacturer: Hitachi Medical Systems America

Location: Radiation Therapy OP, 2/121420

NET AMT

0002AE

FFP

Purpose

Model SSD1700, ECN 091367, S/N M03513

Manufacturer: Aloka Co Ltd (USA)

Location: General Surgery OP, 2/241317

NET AMT

0002AF

FFP

Gynecologic

Model LOGIC 9, ECN 100010, S/N 92395US3

Manufacturer: GE Medical Systems

Location: Sewells Point Primary Care

NET AMT

FFP

NET AMT

0003AA

FFP

Model 400MD, ECN 013595, S/N 401186YM2

Manufacturer: GE Medical Systems

NET AMT

0003AB

FFP

Used with SubCLIN 0001AB.

NET AMT

0003AC

FFP

Model TITAN, ECN 061128, S/N 03357D

Manufacturer: Sonosite Inc

NET AMT

0003AD

FFP

Model EUB5500, ECN 080092, S/N KE12124704

Manufacturer: Hitachi Medical Systems America

NET AMT

0003AE

FFP

Purpose

Model SSD1700, ECN 091367, S/N M03513

Manufacturer: Aloka Co Ltd (USA)

NET AMT

0003AF

FFP

Gynecologic

Model LOGIC 9, ECN 100010, S/N 92395US3

Manufacturer: GE Medical Systems

NET AMT

FFP

NET AMT

0004AA

FFP

Model 400MD, ECN 013595, S/N 401186YM2

Manufacturer: GE Medical Systems

NET AMT

0004AB

FFP

Used with SubCLIN 0001AB.

NET AMT

0004AC

FFP

Model TITAN, ECN 061128, S/N 03357D

Manufacturer: Sonosite Inc

NET AMT

0004AD

FFP

Model EUB5500, ECN 080092, S/N KE12124704

Manufacturer: Hitachi Medical Systems America

NET AMT

0004AE

FFP

Purpose

Model SSD1700, ECN 091367, S/N M03513

Manufacturer: Aloka Co Ltd (USA)

NET AMT

0004AF

FFP

Gynecologic

Model LOGIC 9, ECN 100010, S/N 92395US3

Manufacturer: GE Medical Systems

NET AMT

FFP

NET AMT

0005AA

FFP

Model 400MD, ECN 013595, S/N 401186YM2

Manufacturer: GE Medical Systems

NET AMT

0005AB

FFP

Used with SubCLIN 0001AB.

NET AMT

0005AC

FFP

Model TITAN, ECN 061128, S/N 03357D

Manufacturer: Sonosite Inc

NET AMT

0005AD

FFP

Model EUB5500, ECN 080092, S/N KE12124704

Manufacturer: Hitachi Medical Systems America

NET AMT

0005AE

FFP

Purpose

Model SSD1700, ECN 091367, S/N M03513

Manufacturer: Aloka Co Ltd (USA)

NET AMT

0005AF

FFP

Gynecologic

Model LOGIC 9, ECN 100010, S/N 92395US3

Manufacturer: GE Medical Systems

NET AMT

Section C - Descriptions and Specifications

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

Statement of Work

The selected contractor shall ensure no break in service with current maintenance contracts. Selected vendor must be able to provide full contract support immediately upon award of a resulting order. Vendor will provide full maintenance support for the items listed in Section B and all support items / components.

This contract shall provide for maintenance services which include on-site corrective repairs, normal working hour coverage (8:00 A.M. to 4:30 P.M. Monday through Friday excluding Federal holidays) and 24-hour emergency service and routine preventive maintenance services to Department of Defense owned equipment, as listed on the DD Form 1155 “Order for Supplies or Services”. It shall include all systems, subsystem components, and assemblies, (i.e., contractor responsible for total maintenance of entire system). All maintenance provisions shall apply to hardware, firmware, and software, as appropriate, unless otherwise stated.

1. General

a. The Contractor shall comply with Federal, State, and Local Laws, plus any Federal Regulations as applicable to the performance of this contract.

b. The Contractor shall not accept any instructions issued by any person employed by the U. S. Government, other than the Contracting Officer (KO), or Biomedical Engineering Division (BME), all acting within the limits of their authority.

c. The Contractor shall be fully qualified in the repair of all equipment listed within this contract. Contractor shall maintain current (within 2 years) qualifications throughout entire contract period. Qualification includes but not limited to the certification of all repair persons and repair facilities by the OEM, training by independent schools, continuous hands-on repair experience with listed equipment. The Government shall maintain the right to seek proof of qualification prior to award and anytime during contract period of performance.

2. Scope of Work

a. The Contractor shall provide trained, experienced, English speaking personnel, labor, tools, diagnostic equipment, software, test phantoms, material, supplies, transportation, parts and equipment necessary to perform Preventive Maintenance (PM), Calibration (CAL), Safety testing (ST) and Corrective Maintenance.

b. The Contractor shall provide telephonic communications with the Government to discuss technical matters relating to the performance of this contract. A systems operator will be made available to answer technical questions regarding system operations and applications.

c. Equipment listed in this contract will be maintained to meet and retain the original equipment manufacturer’s (OEM’s) specifications / equipment certification.

d. Equipment and associated components shall be serviced as listed on DD Form 1155, “Order for Supplies or Services”.

e. The Contractor Point of Contact (POC). The Contractor shall provide in writing the name and telephone number of a primary and alternate English-speaking individual to act as their representative for the scheduling and coordination of service calls, and to be responsible for the coordination of the contract with the Government.

3. Government Furnished Property, Materials and Services

a. The Contractor Representative(s) at each site are encouraged to request a pre-maintenance inspection prior to the onset of the contract. As all apparent discrepancies must be identified upon submittal of quote, any and all claims must be received within 30 days of contract award or prior to contract start which ever occurs first. All non-apparent / hidden discrepancies must be identified no later that the first scheduled preventative maintenance. Any claims resulting from hidden defects must be received within 30 days of first scheduled preventative maintenance. Any equipment found to be inoperable during this pre-maintenance inspection would be repaired using a separate purchase order. The cost of repairs shall not exceed contractor’s normal retail rate for required repairs. The government certifies that the equipment to be maintained under this contract will be in good operating condition on the effective date of this contract. For the purpose of this contract, the clause, “good operating condition” means the conditions necessary for the equipment to function as intended without corrective maintenance. The Contractor agrees to leave the equipment in good operating condition at the expiration of this contract. During the final week of this contract, the Government will make final inspection of the equipment. Any correction of deficiencies noted during this inspection shall be resolved prior to contract end. The Government reserves the right to request the repair (at no additional cost to the Government) of items identified with latten defects after contract termination, when it has been determined that defects either are a result of contractor’s performance or should have been discovered during normal performance of work under this contract.

b. The government will be responsible for maintaining the proper environment, including utilities and site requirements necessary for the system to function properly as specified by the OEM.

c. The Government will operate the system in accordance with the instruction manual provided by the OEM.

d. The Government will not be responsible for the damage or loss due to fire, theft, accident, or other disaster of Contractor supplies, materials, or for the personal belongings brought onto Government property by Contractor’s personnel.

4. Contractor Furnished Property and Material

a. The Contractor shall provide all service literature, reference publications, laptop computers and diagnostic software to be used by the contractor service technicians and as required for the completion of the services in accordance with this contract.

5. Replacement Parts

a. The Contractor shall have ready access to unique and/or high mortality replacement parts. All parts supplied shall be compatible with the existing system. In the event that replacement parts are required to be shipped, shipping shall be performed in the fastest reasonable means possible (i.e., next day air) at no additional cost to the Government.

b. The Contractor shall at their expense, replace all worn or defective parts necessary to restore the equipment to 100% operational condition as specified by the OEM.

c. Contractor installed replacement parts shall become the property of the Government and the replaced malfunctioning part shall become the property of the Contractor. Replaced items shall be properly disposed of at no additional cost to the Government (contractor to pay all “environmental fees” where required).

d. Freight, postage, and storage charges associated with shipment and receipt of replacement parts, and the return of parts shall be the responsibility of the Contractor.

e. All replacement parts shall be new and certified as OEM replacement parts. In the event that new parts are not available, rebuilt parts and sub-assemblies are allowed provided that they are warranted to be free of defects for a period of time that meets or exceeds warranties of similar replacement parts. The contractor shall specifically annotate on the Field Service Report the use and identification of rebuilt parts and the period of warranty. When discrepancies occur, the Government will make the final determination on whether a replacement part is of equal or better quality.

f. The Contractor must include software revisions and upgrades (field service changes), which are required due to FDA, or manufacturer announced safety-hazard recall, to include FDA Year 2000 Compliance Directive, as part of the contract at no additional cost to the Government. Upgrades shall be performed as soon as possible after release, but no later than the first scheduled Preventative Maintenance Inspection after release. For any updates that have been identified as critical, or required for the proper operation of equipment by the OEM, contractor shall provide installation within 30 days of release regardless of Preventative Maintenance Schedules.

SPECIFIC TASKS.

6. Contractor Report Requirements

a. During normal duty hours, Contracted Field Service Engineer (FSE) personnel shall check-in with the Biomedical Engineering Division upon arrival at the Government site and again prior to departure. (Biomedical Engineering located in Build-250 1st floor; 757-953-5336). The Contractor FSEs shall personally notify Biomedical Engineering (BME) of problems that result in the equipment being left disabled upon their departure. After normal duty hours, Contractor FSE’s shall notify the Officer of the Day Desk (Bldg 2, 2nd Floor) and the systems operator designated by BME.

b. The Contractor shall provide to BME a full service report within two (2) days after completion of all service performed. The service report shall include, but not be limited to: contract number, equipment description (model, serial number, equipment control number), contractor’s log number, detailed description of the service(s) performed, replacement part(s) information (part number, part value, nomenclature, unit price, manufacturer, if not OEM, and whether the part is new/used/reconditioned), the completion date and time, man-hours expended and the hourly rate normally charged for the type of service performed, model and serial numbers, and the name of the FSE performing the service. In the event that agents / sub-contractors are used in the performance of repairs, said agent shall be identified on the service report by company name and contact information (i.e., telephone number). Additionally contractor will be required to affix a tag on equipment upon the completion of a preventative maintenance inspection. Tag may either be a “sticker” or “hanging tag”. As a minimum the tag shall contain the name of the contractor, technician performing inspection, and date of inspection legibly printed.

7. Contractor Responsibility

a. The Contractor shall be responsible for the repair/replacement of damaged Government owned equipment and property due to the negligence of the Contractor or his representatives. All such replacement or repair shall be at the Contractor’s expense and shall be inspected to the satisfaction of the KO or appointed representative.

8. Preventive Maintenance Services

a. In accordance with Naval Medical Logistics Command (NAVMEDLOGCOM) Risk Assessment Criteria, preventive maintenance shall be performed one (1) time per year in accordance with the Original Equipment Manufacturer (OEM) recommendations.

b. The Government shall select the months in which preventive maintenance services are to be performed. The preventive maintenance visits shall be performed during the following months: February 2012, February 2013, February 2014, February 2015, and February 2016.

(The Government Fiscal Year runs: October through September). The Contractor shall schedule and complete preventive maintenance services prior to the 15th of the selected month.

c. All test equipment used in the performance of this contract must be calibrated (if required / as required by manufacture of test equipment) and shall be in compliance with Joint Commission on Accreditation of Healthcare Organizations (JCAHO), Original Equipment Manufacturer (OEM) and Federal Drug Administration (FDA) standards as required.

9. Corrective Maintenance

a. Normal Working Hour Maintenance Coverage

Maintenance Coverage will be Monday through Friday, between 8:00 A.M. to 4:30 P.M. A contractor Service Tech shall respond via telephone within 2 hours after receipt of trouble call, and provide on-site service no later than the close of business (4:30 pm) on the next business day. Equipment shall be operational within 48 hours. The Government reserves the right to deduct from the Contractor’s payment an amount not to exceed the vendor’s normal hourly rate of $50.00 per hour for each hour the Contractor fails to respond, as specified in the contract.

b. In the event that emergency service outside the normal working hours are required by the Government, additional work shall be billable to the Government at published commercial rates, and negotiated and approved by a Contracting Officer prior to services rendered.

c. Government request for corrective maintenance will be placed by BME, to the Contractor’s POC. Corrective Maintenance shall be completed during the hours specified in the contract.

d. The Contractor shall assign a unique Log/Reference Number to each Government request for Corrective Maintenance.

e. Contractor’s response to requests for service may include telephone consultation with the equipment user/operator and a Contractor FSE. Telephone consultation shall: 1) provide instruction in determining operator error; 2) determine the most likely cause of the problem; 3) determine if resolution of the problem requires the dispatch of a FSE; and 4) identify replacement parts likely to be required in order to return the equipment to 100% operational condition as specified by the OEM.

f. Contractor’s pricing shall be inclusive of all cost including parts, labor, travel and shipping (of required parts), unless otherwise indicated. Any/all exclusions are listed as follows: No Exclusions

g. The Contractor shall have his/her own service manuals, specifications, schematic diagrams, and parts lists to assist in the evaluation/repair of all equipment included in this contract.

10. Removal of Government Property

a. Whenever the repair of equipment cannot be performed at the Government site as determined by the Contractor, the Contractor shall notify BME who will make arrangements for the Contractor to remove the item from Naval Medical Center Portsmouth (i.e., obtain property pass for material) to the Contractor’s designated site. The Contractor may be required to sign a Government form accepting responsibility for the Government equipment. The Contractor shall provide a detailed description of removed items. For associated items / accessories, contractor to provide a detailed description and quantities of items to be removed. Description to include as a minimum manufacturer serial numbers and equipment control number (ECN) of all equipment / items removed. In the event that items / sub-assemblies / accessories are repaired via “Repair by Replacement”, a detailed description of replaced items is to be included upon return of repaired components.

b. All charges resulting from a Contractor determined requirement to transport Government owned property, covered by this contract, to and from an alternate repair location shall be the responsibility of the Contractor.

11. Equipment Modification Upgrades

a. The Contractor shall only incorporate OEM specified modifications, alterations and upgrades. Approval shall be obtained from BME prior to the Contractor installation of any modification, alteration, or upgrades.

b. The Contractor shall maintain contact with the OEM to determine the requirement for field modifications and to ensure accomplishment of these modifications in accordance with the time schedule set forth by the OEM.

c. The Government shall not alter the system without prior notification to the Contractor.

d. The contractor shall provide software upgrade at no additional cost to the Government. Installation of upgrades will be left to the discretion of the Government. All supplied software is to be warranted current and free of defects such as viruses.

12. Service Beyond the Scope of the Contract

a. The Contractor shall immediately, but not later than 24 consecutive hours after discovery, notify BME, in writing, of the existence or the development of any defects in, or repair required to the scheduled equipment, which the Contractor considers they are not responsible for under the terms of this contract.

b. At the same time of the notification, the Contractor shall furnish BME with written estimate of the cost to make the necessary repairs. Repairs considered by the Contracting Officer to be outside the scope of this contract shall not be covered under this contract, but shall be ordered under a separate purchase order.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-SEP-2012

BIOMEDICAL ENGINEERING

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5336

N00183

30-SEP-2012

N00183

30-SEP-2012

N00183

30-SEP-2012

N00183

30-SEP-2012

N00183

30-SEP-2012

N00183

30-SEP-2012

N00183

30-SEP-2013

N00183

30-SEP-2013

N00183

30-SEP-2013

N00183

30-SEP-2013

N00183

30-SEP-2013

N00183

30-SEP-2013

N00183

30-SEP-2013

N00183

30-SEP-2014

N00183

30-SEP-2014

N00183

30-SEP-2014

N00183

30-SEP-2014

N00183

30-SEP-2014

N00183

30-SEP-2014

N00183

30-SEP-2014

N00183

30-SEP-2015

N00183

30-SEP-2015

N00183

30-SEP-2015

N00183

30-SEP-2015

N00183

30-SEP-2015

N00183

30-SEP-2015

N00183

30-SEP-2015

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30-SEP-2015

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30-SEP-2016

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30-SEP-2016

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30-SEP-2016

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30-SEP-2016

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30-SEP-2016

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30-SEP-2016

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CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

SECTION G

INVOICING INSTRUCTIONS AND PAYMENT FOR SERVICES

Invoices for services rendered under this Contract shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF):

The vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the internet at http://wawftraining.com.

Select the 2-in-1 Invoice within WAWF as the invoice type. The 2-in-1 Invoice prepares the Material Inspection and Receiving Report, DD Form 250, and invoice in one document.

Back up documentation (such as service tickets, etc.) can be included and attached to the invoice in WAWF.

Attachments created in any Microsoft Office product are attachable to the invoice in WAWF.

The following information regarding Naval Medical Center Portsmouth is provided for completion of the invoice in WAWF:

Issuing Office DODAAC: N00183 Admin DODAAC: N00183 Acceptor DODAAC: N00183

LPO DODAAC: N00183

Pay DODAAC: HQ0248 The contractor shall submit invoices for payment per contract terms.

The Government shall process invoices for payment per contract terms.

For more information on Wide Area Workflow, please contact the Wide Area Workflow Implementation Team at WAWF@med.navy.mil.

Naval Medical Center Portsmouth, Point of Contact for Invoicing Inquiries: To be specified at time of contract award.

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

Department of Defense Business Associate Agreement 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 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, 164.501 and 164.304.

(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 agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Clause.

(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.

INFORMATION ONLY: This document has been designated for posting to the Navy Electronic Commerce Online (NECO) at http://www.neco.navy.mil

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

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 30 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 30 Sep 2016.

(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)

52.252-2 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): https://www.arnet.gov/far (End of clause)

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

Section L - Instructions, Conditions and Notices to Bidders

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 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):

https:///www.arnet.gov/far (End of provision)