N00183-12-T-0444.doc

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Service To Provide & Install Multimedia Systems
Solicitation number
N00183-12-T-0444
Issued by

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The attachment is a complete copy of RFQ N00183-12-T-0444. A Mandatory Site Visit (Walk-Thru) of the Areas of Installation is scheduled for Thursday 06 September 2012 at 0830 (8 30 a.m. edt). Please Read Adhere to the information in Section C of the RFQ. If there are any questions /or to list your company's representative(s) for the Site Visit (Walk-Thru) please contact Carolyn Johnson (phone 757-953-5740 email adline.johnson med.navy.mil).

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Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

VENDOR TO COMPLETE THE FOLLOWING:

TIN:

CAGE:

DUNS:

Vendor Point of Contact:

Vendor Phone:

Vendor Fax:

Vendor E-Mail:

Payment in Arrears

Vendor to reference Request For Quotation (RFQ) Number N00183-12-T-0444 on all correspondence relating to this RFQ/Solicitation

Naval Medical Center Portsmouth Points of Contact:

Contracting: A. Carolyn Johnson 757-953-5740 E-Mail: adline.johnson@med.navy.mil

Note: Vendor will be required to provide billing electronically via the WAWF Electronic Invoicing Method. For additional information, a review of the following web sites may be required: https://wawf.eb.mil http://wawftraining Email: wawf@med.navy.mil PROMPT PAYMENT: For Prompt Payment Act purposes, this contract is:

Subject to the 7-calendar day constructive acceptance period.

GOVERNMENT RESERVES THE RIGHT TO MAKE AWARD BASED ON AN “ALL OR NONE” EVALUATION AND/OR BASED ON THE “BEST VALUE” PROPOSED FOR THIS REQUIREMENT. VENDORS WITH SUPERIOR PAST PERFORMANCE HISTORY AND THOSE WHO ATTEND THE SCHEDULED SITE VISIT MAY BE GIVEN 1ST CONSIDERATION.

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

Service to Provide & Install 1 Panasonic

FFP

PTFW430U Projector, Projector Screen (Electric, Widescreen), AMX Control System, Dell Optiplex 990, Wallplate (for Laptop connection), Thrasher Equipment Credenza with Fan/Vent Panel & Sliding Rail Rack System (color TBD), Blu-Ray/VHS Combo, & Gyration Wireless Keyboard/Mouse Combo. Also, Patch Paint Walls & Relocate/Install electrical as needed. Installation to include all equipment, cabling, & services with One Year Maintenance (warranty to include parts & labor) required to ensure a Turn-Key operation for Naval Medical Center Portsmouth, Main OR Conference Room, Bldg. 2-3rd Floor, Room 331104. This room requires a 24-hour on-site response time (Technician must be on-site within 24 hours if a trouble ticket is placed & can't be resolved via phone). Contractor's proposal shall include a breakdown of all parts, materials, and labor costs to be used for a complete Turnkey operation (See & Adhere to the Performance Statement Of Work in Section C).

If service is covered under a FSS-GSA contract, Contractor shall annotate any proposed costs that are covered under a current GSA Schedule contract & shall provide the GSA Contract Number, FSS, SIN, and expiration date of the contract along with a copy of the Contract Ordering Information.

FOB: Destination

MILSTRIP: N0018312RQTE131

PURCHASE REQUEST NUMBER: N0018312RQTE131

ADDITIONAL MARKINGS: ATTN: Communications Department

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

Service to Provide & Install 1 Panasonic

FFP

PTFW430U Projector, Projector Screen (Electric, Widescreen), AMX Control System, Dell Optiplex 990, Wallplate (for Laptop connection), Thrasher Equipment Credenza with Fan/Vent Panel & Sliding Rail Rack System (color TBD), Blu-Ray/VHS Combo, & Gyration Wireless Keyboard/Mouse Combo. Also, Patch Paint Walls & Relocate/Install electrical as needed. Installation to include all equipment, cabling, & services with One Year Maintenance (warranty to include parts & labor) required to ensure a Turn-Key operation for Naval Medical Center Portsmouth, Nutrition Management Conference Room, Bldg. 2-2nd Floor, Room 230501. This room requires a 24-hour on-site response time (Technician must be on-site within 24 hours if a trouble ticket is placed & can't be resolved via phone). Contractor's proposal shall include a breakdown of all parts, materials, and labor costs to be used for a complete Turnkey operation (See & Adhere to the Performance Statement Of Work in Section C).

If service is covered under a FSS-GSA contract, Contractor shall annotate any proposed costs that are covered under a current GSA Schedule contract & shall provide the GSA Contract Number, FSS, SIN, and expiration date of the contract along with a copy of the Contract Ordering Information.

FOB: Destination

MILSTRIP: N0018312RQTE132

PURCHASE REQUEST NUMBER: N0018312RQTE132

ADDITIONAL MARKINGS: ATTN: Communications Department

NET AMT

Section C - Descriptions and Specifications

REQUEST THE FOLLOWING INFORMATION FOR REQUEST FOR QUOTES (RFQ):

This solicitation is restricted (set-aside) to small businesses. Requirement to be awarded on a brand name or equal basis. Quotes should reflect pricing on all items for consideration. Technical evaluation of vendor’s quote will consist of SOW (your intent to conform to what is asked of you in the PSOW), warranty, & price.

Site Visit (Walk-Through) of areas of installation will be conducted on Thursday, 06 September 2012 at 0830 (8:30 a.m.). **YOU MUST ATTEND THE SITE VISIT TO QUOTE ON THIS RFQ!**

To schedule site visit (walk-through), please contact Carolyn Johnson, Contracting Division, Materiel Management Department, Naval Medical Center-Portsmouth, VA at adline.johnson@med.navy.mil. A base access sheet to attain a One Day vendor pass will be sent to you to fill out & return no later than 1500 (3:00 p.m. edt) on Thursday, 31 August 2012.

Only contractors who respond timely with the above information will be granted base access & be allowed to participate in the Site Visit (Walk-Through). Also, if you are a contractor that has base access (Rapid Gate NCAC, Active, Dependent, or Retired Military), still contact Carolyn Johnson to let her know of your intent to attend.

Please provide government & destination pricing. Also, state warranty information for each CLIN Number (Line Item). If freight charges apply, indicate if charges will be “per shipment” or “single one-time charge”.

Contractor shall supply a current published price list or GSA/VA Federal Supply Schedule contract for supplies &/or services being procured.

Solicitation closes on Tuesday, 11 September 2012. For further information, please contact Carolyn Johnson, Contracting Division, Materiel Management Department, Naval Medical Center, Building 250, 54 Lewis Minor Street, Portsmouth, VA 23708-2297, phone (757) 953-5740, fax (757) 953-5006. Bids should be received by fax, mail, or e-mail by the close of business (1700 Hours – 5:00 p.m.) on or before the closing date. E-mail address is adline.johnson@med.navy.mil.

PERFORMANCE STATEMENT OF WORK (PSOW) FOR MULTI-MEDIA EQUIPMENT

1.1 SCOPE

The contractor is responsible to submit a package for procurement and installation of multimedia equipment in various locations throughout Naval Medical Center Portsmouth. This package must include a design plan (system drawings for each CLIN) and equipment listing. This design shall include any changes/ recommendations required to interface with existing government provided equipment. All components installed must be fully operational prior to government testing/acceptance. Listings of requirements for this room are included in this performance statement of work.

1.2 ASSUMPTIONS

The following assumptions are understood between NMCP Communications Office and the contractor in the preparation of the estimate contained in this PSOW:

· The contractor is responsible to provide the Government with the necessary environmental requirements for equipment supplied as part of this PSOW.

· Contractor is to provide all equipment, material handling equipment (i.e., pallet jacks); labor, communications, and anything else required to fulfill this contract in a turn key manner to include filling holes in walls, using fire stop if penetrating firewalls, and painting exterior walls. Paint samples and/or order information will be given to the contractor upon award.

· Whenever possible, the contractor shall use any existing electrical outlets. If unavailable, contractor will include electrical in the quote.

· The contractor shall have a service location on site within a 50 mile radius of NMCP to be able to respond on-site within 4 hours of an initial service call if needed.

1.2 RESPONSIBILITIES

To successfully complete this project, close teamwork between the Government (Communications Office) and the contractor’s team is essential. Government agrees to a timely assignment of personnel to positions designated as governmental in this PSOW and to acceptance of activities and responsibilities associated with them.

a. Contractor’s Project Manager

The contractor will designate an onsite Project Manager and alternate in writing and include work history with the bidding documents.

The contractor’s project manager is responsible for:

· Directing all project activities

· Preparation of a project schedule

· Scheduling and project controls

· Preparing status reports

· Other activities as specified in this PSOW

b. Government Project Manager

The Government will designate a project manager for this task. The Project Manager will have full authority to act on behalf of the Communications Office, with respect to:

· Management of and schedule for the project.

· Accepting project deliverables.

· Arranging interviews, facility and base access and escorts, if required.

· Working with the Communications to insure there is an efficient exchange of information and that important and timely decisions are made.

· Provide signature of approval and acceptance.

· Other activities as specified in this PSOW.

· The Project Manager cannot authorize any additional obligations of funds.

1.3 PROJECT CONTROLS

The project schedule will identify and describe the tasks and activities required to produce the deliverables specified herein. The contractor will provide an initial implementation plan for the project. The contractor will provide necessary detail to the schedule to further identify task requirements in support of the PSOW. The project schedule shall be reviewed and updated on a weekly basis. Any changes shall be documented in a status report.

1.4 TASKS AND DELIVERABLES

This contract is to procure and/or install the following equipment:

· Operating Room (OR) Conference Room (Bldg 2, Rm 331104)

· Vendor to procure and install:

· Panasonic PTFW430U Projector

· Projector screen – Electronic; widescreen

· AMX Control System

· Dell Optiplex 990

· Wallplate for laptop connection

· Thrasher equipment credenza with fan/vent panel and sliding rail rack system – color TBD

· Blu-Ray/VHS Combo

· Gyration wireless keyboard/mouse combo

· Install/relocate electrical as needed

· Patch/paint wall as needed

· Installation to include all equipment and services required to ensure installation is turn key

· One year on-site warranty to include parts and labor; this room must have 24-hour on-site support (technician must be on-site within 24 hours if a trouble ticket is placed and cannot be resolved via phone)

· Nutrition Conference Room (Bldg 2, Rm 230501)

· Vendor to procure and install:

· Panasonic PTFW430U Projector

· Projector screen – Electronic; widescreen

· AMX Control System

· Dell Optiplex 990

· Wallplate for laptop connection

· Thrasher equipment credenza with fan/vent panel and sliding rail rack system – color TBD

· Blu-Ray/VHS Combo

· Gyration wireless keyboard/mouse combo

· Install/relocate electrical as needed

· Patch/paint wall as needed

· Installation to include all equipment and services required to ensure installation is turn key

· One year on-site warranty to include parts and labor; this room must have 24-hour on-site support (technician must be on-site within 24 hours if a trouble ticket is placed and cannot be resolved via phone)

Support Equipment

The contractor shall plan for and provide all required support for the proper operation of all multi-media equipment. This will include all cabling, connections, computer support and termination of cables/fiber into the required communications closets. If called for in Section 1.4 Tasks and Deliverables, all electrical outlets will be installed behind the television and/or equipment racks/credenza. Any cabling will be located behind television and/or equipment rack/credenza utilizing a pass-through plate. Additionally, any electrical installations will be the responsibility of the contractor.

Connectivity The contractor shall ensure compatibility between new equipment and existing equipment in use throughout the command. The contractor shall include all required fittings, cables, connectors, and power requirements in the project and shall reflect these requirements in their bid.

Price Quotes

The contractor shall quote the price as a turn- key installation.

Manufacturer Requirements When noted, the contractor shall provide manufacturer specific equipment to meet NMCP standards and facilitate maintenance and troubleshooting of multiple systems.

1.5 DELIVERABLE

This paragraph describes the content of and sets the schedule for delivery of various documents throughout the project. Listed documents shall be delivered to the designated Government Project Manager for approval during the performance of this project.

· Project Schedule/Implementation Plan

· Status report

· Design drawings

The contractor shall provide a project schedule/implementation plan immediately after award. The contractor shall provide the necessary labor and manpower to successfully follow the intended plan. Final system drawings will be provided before vendor turn-over.

1.6 ACCEPTANCE

· Satisfactory completion of all items in the Implementation Plan and acceptance by the Government Project Manager will designate satisfactory completion of the project.

· The contractor will demonstrate to the government project manager that all components and features are fully functional and operational before the system is accepted.

· The government will accept the room upon completion, no phasing.

· All design drawings and source code shall become property of NMCP upon completion of the project.

· There shall be no provision for additional charges

1.7 DEPENDENCIES

a. Equipment – All on-site work for this project will be performed in the above mentioned areas. The Government Project Manager is responsible for coordinating all network-related procurement and scheduling of the room for this project. The contractor will ensure timely delivery of all equipment ordered through this contract.

b. Facilities – The Communications Office is responsible for providing the contractor with facilities and system access. Comms will be responsible for handling any and all security-related issues pertained to this project, including providing escorted or unescorted access to the base/building where the team will be working. The contractor is responsible for removing all contractor generated trash and debris from the installation. Trash and debris is defined as boxes, packing, etc., from all new equipment purchased and installed under this PSOW.

c. Project Personnel – Communications will provide a Project Manager as the primary point of contact for the contractor’s personnel. They will work to coordinate issues as necessary to include:

· Communications, issue resolution and general project decision making.

· Designated Comms staff will support deployment and training phases.

d. Character of Work and Workforce – The work must conform in all respects with the requirements of the contract.

· A strictly first class operation will be insisted upon. No incompetence or carelessness, no drugs and/or use of alcohol will be tolerated.

· The contractor’s workforce shall be identifiable by picture identification badges which shall be worn and visible on the upper body at all times while on site and will be required to fill out a Criminal History Record Request supplied by the Communications Office for each employee. These must be submitted five business days prior to employees reporting on site. After five business days the Government will issue a temporary security badge and car sticker for the period of employment on site. The Navy reserves the right to approve employees working on site. Reasons for disapproval are: Any felony conviction within the last 10 years, any larceny misdemeanor in the last 10 years or any other reasons at the Governments sole discretion.

· Care of Government Facilities and Property – The contractor shall be responsible for the care of the premises. The contractor shall not damage Government property or facilities during the performance of this contract. The contractor shall furnish padding and other protective materials as necessary to preclude damage to hallways, doors, door frames, elevators and building fixtures. The Government may reject any moving equipment at its sole discretion.

· Cleaning Up – At the completion of work and before acceptance and final payment, the contractor shall remove all related rubbish and equipment including available cartons, packing materials, tools, etc. All Government property shall remain as it was prior to installation beginning. If damage occurs, the contractor is responsible to restore and/or replace in a suitable manner any property both public and private that has been damaged or removed in the performance of this contract.

· NMCP and Clinic Command Regulations – All Contractor personnel must abide by the rules and regulations while in the above mentioned areas. These rules include no firearms, no smoking or tobacco chewing in any government building, no food or beverages except in authorized areas, minimal noise levels and allowing corridor access to non-move involved patient/personnel/carts.

***DUE TO THE NATURE OF THE WORK, ALL INTERESTED VENDORS MUST ATTEND A “WALK THROUGH” TO EXAMINE WORK CONDITIONS AND EXISTING EQUIPMENT. BIDS WILL NOT BE ACCEPTED FROM CONTRACTORS THAT DO NOT ATTEND THE WALK THROUGH.*** Section E - Inspection and Acceptance

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

CLAUSES INCORPORATED BY REFERENCE

52.246-16
Responsibility For Supplies
APR 1984
252.246-7000
Material Inspection And Receiving Report
MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
28-SEP-2012
1
NAVAL MEDICAL CENTER

MAIN OPERATING ROOM

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

953-3129 / 3141

FOB: Destination N00183

0002
28-SEP-2012
1
NAVAL MEDICAL CENTER

NUTRITION MANAGEMENT

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-1003

FOB: Destination N00183

52.211-17
Delivery of Excess Quantities
SEP 1989
52.247-34
F.O.B. Destination
NOV 1991

Naval Medical Center Portsmouth (NMCP) Receiving Dock Hours of Operation:

NMCP Receiving Dock is open Monday through Friday 0700 to 1600 (7:00 a.m. to 4:00 p.m.), excluding federal holidays. Receiving personnel may be reached at 757-953-5770.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

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/Ship To 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.

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

N00183-0004 Privacy and Security of Protected Health Information

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

52.203-3
Gratuities
APR 1984
52.204-99 (Dev)
System for Award Management Registration (Deviation)
AUG 2012
52.213-4
Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items)
MAR 2012
52.219-6
Notice Of Total Small Business Set-Aside
NOV 2011
52.222-3
Convict Labor
JUN 2003
52.222-20
Walsh-Healey Public Contracts Act
OCT 2010
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
52.222-49
Service Contract Act -- Place Of Performance Unknown
MAY 1989
52.222-50
Combating Trafficking in Persons
FEB 2009
52.232-1
Payments
APR 1984
52.232-8
Discounts For Prompt Payment
FEB 2002
52.232-25
Prompt Payment
OCT 2008
52.232-33
Payment by Electronic Funds Transfer--Central Contractor Registration
OCT 2003
52.233-1 Alt I
Disputes (Jul 2002) - Alternate I
DEC 1991
52.233-3
Protest After Award
AUG 1996
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.243-1
Changes--Fixed Price
AUG 1987
52.246-1
Contractor Inspection Requirements
APR 1984
52.249-1
Termination For Convenience Of The Government (Fixed Price) (Short Form)
APR 1984
52.249-8
Default (Fixed-Price Supply & Service)
APR 1984
252.211-7003 Alt I
Item Identification and Valuation (Jun 2011) Alternate I
DEC 2011
252.225-7001
Buy American And Balance Of Payments Program
JUN 2012
252.225-7002
Qualifying Country Sources As Subcontractors
JUN 2012
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.243-7001
Pricing Of Contract Modifications
DEC 1991

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR Clauses http://acquisition.gov/comp/far/index.htm

DFAR Clauses http://www.acq.osd.mil/dpap/dars/dfars/index.htm

(End of clause)

Section L - Instructions, Conditions and Notices to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.237-1
Site Visit
APR 1984
52.252-1
Solicitation Provisions Incorporated By Reference
FEB 1998

Section M - Evaluation Factors for Award

52.211-6
Brand Name or Equal
AUG 1999

File details come from the government source that posted it. Updated .