N00183-13-T-0032_P0001_UN_RES_NECO_FBO_NH_BEA__13RCED001_11012012.doc

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

Fill in the Blanks:

TIN (tax ID):

CAGE:

DUNS:

Vendor Point of Contact:__________________________________ Phone:________________________

Vendor email:__________________________________________ Payment in Arrears, Net 30 days Note to Vendor:

Vendor to reference N00183-13-T-0032 on all inquires.

The Government reserves the right to make a best value, all or none award. Award of the contract resulting from this solicitation will be made to the offeror whose quote is the best value to the Government based on a technically acceptable (in full compliance to all technical, quality, past performance and delivery requirements) set forth in the solicitation, and is the lowest price. The Government reserves the right to judge which quotes show the required technical specifications without any discussions with the offeror. The Government also reserves the right to eliminate from further consideration those quotes which are considered unacceptable and not capable of being made acceptable without major rewrite or revision.

NAICS Code: 624190 Size Standard: $7.0M Vendor 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 For Prompt Payment Act Purposes, this contract is:

Subject to the 7-calender day constructive acceptance period.

For Further Information and Responses:

Contact:

Mary Frances Begley, Contract Specialist

Contracting Division

Materiel Management Department

Naval Medical Center, Building 250

54 Lewis Minor Street

Portsmouth, VA 23708-2297

Phone (757) 953-5055

Fax (757) 953-5739 mary.begley@med.navy.mil

Section B - Supplies or Services and Prices

FAMILY TRAINING

FFP

Treatment is determined per Individualized Patient Care Plan (IPCP) as ordered by the Naval Hospital Beaufort, SC (NHBSC). Services are assigned based on patient need and eligibility. Contract Line Item reflects an estimated requirement as a response to current patient needs as prescribed during the period of performance. The Government cannot state any minimum guarantees of EIS for this Period of Performance or renewal years.

Family Training shall be made available to include the following as prescribed:

Contractor to perform EDIS with patient and/or patient family for evaluation; training; specialized patient/care provider instruction; or similarly qualifying treatment information session.

Contractor must adhere to IPCP as specified by the NHBSC and the patient family. Contractor may bill in 15 minute units. Contrasctor will be reimbursed only for visits and 15 minute units actually documented and performed.

Family Training Provider must have at least a BS degree related to the Human Services field and have a certification in special education, teachintg, therapy, or similar specialized training or experience.

Rate per Unit (15 minute): _________

Estimated units at 765 for Period of Performance.

FOB: Destination

MILSTRIP: N6133713RCED001

PURCHASE REQUEST NUMBER: N6133713RCED001

NET AMT

ORIENTATION AND MOBILITY

Treatment is determined per Individualized Patient Care Plan (IPCP) as ordered by the Naval Hospital Beaufort, SC (NHBSC). Services are assigned based on patient need and eligibility. Contract Line Item reflects an estimated requirement as a response to current patient needs as prescribed during the period of performance. The Government cannot state any minimum guarantees of EIS for this Period of Performance or renewal years.

Orientation and Mobility Training shall be made available to include the following as prescribed:

Contractor to perform EDIS with patient and/or patient family for evaluation; training; specialized patient/care provider instruction specifically designed for children diagnosed with visual impairment.

Contractor must adhere to IPCP as specified by the NHBSC and the patient family. Contractor may bill in 15 minute units. Contrasctor will be reimbursed only for visits and 15 minute units actually documented and performed.

Orientation and Mobility Training Provider must have at least a BS degree (preferably an MS degree) related to the Human Services field and have a certification in special education, teachintg, therapy, or similar specialized training or experience for persons with a visual impairment.

Rate per Unit (15 minute): _________

Estimated units at 416 for Period of Performance.

FOB: Destination

NET AMT

Each

BEGINNING AMERICAN SIGN LANGUAGE

Treatment is determined per Individualized Patient Care Plan (IPCP) as ordered by the Naval Hospital Beaufort, SC (NHBSC). Services are assigned based on patient need and eligibility. Contract Line Item reflects an estimated requirement as a response to current patient needs as prescribed during the period of performance. The Government cannot state any minimum guarantees of EIS for this Period of Performance or renewal years.

Beginning American Sign Language Training shall be made available to include the following as prescribed:

Contractor to perform EDIS with patient and/or patient family for evaluation; training; specialized patient/care provider instruction; or similarly qualifying treatment information session.

Contractor must adhere to IPCP as specified by the NHBSC and the patient family. Contractor may bill in 15 minute units. Contrasctor will be reimbursed only for visits and 15 minute units actually documented and performed.

Beginning American Sign Language Training Provider must have at least a BS degree related to the Human Services field and have a certification in specialized sign language training.

Rate per Unit (15 minute): _________

Estimated units at 0 for Period of Performance.

FOB: Destination

NET AMT

Each

AMERICAN SIGN LANGUAGE

Treatment is determined per Individualized Patient Care Plan (IPCP) as ordered by the Naval Hospital Beaufort, SC (NHBSC). Services are assigned based on patient need and eligibility. Contract Line Item reflects an estimated requirement as a response to current patient needs as prescribed during the period of performance. The Government cannot state any minimum guarantees of EIS for this Period of Performance or renewal years.

American Sign Language Training shall be made available to include the following as prescribed:

Contractor to perform service with hearing impaired primrary care giver during patient/caregiver EDIS to ensure primary care member is fully involved with patient training; specialized patient/care provider instruction; or similarly qualifying treatment information session.

Contractor must adhere to IPCP as specified by the NHBSC and the patient family. Contractor may bill in 2 hour minimum units. Contrasctor will be reimbursed only for visits and units actually documented and performed.

American Sign Language Training Provider must have at least a BS degree related to the Human Services field and have a certification in specialized sign language training.

Weekday Rate per Unit (per hour / minimum 2 hours): _________

Weekend Rate per Unit (per hour / minimum 2 hours): _________

Estimated units at 0 for Period of Performance.

FOB: Destination

NET AMT

TRAVEL CHARGES

Travel is based on the estimated treatment frequency as determined per Individualized Patient Care Plan (IPCP) per order by the Naval Hospital Beaufort, SC (NHBSC). Contractor is required to travel to patient normal place of living environment to include, but not limited to home, daycare, school, and other therapy facility. Contract Line Item reflects an estimated requirement as a response to current patient needs as prescribed during the period of performance. The Government cannot state any minimum guarantees of EIS for this Period of Performance or renewal years.

Contractor must adhere to IPCP as specified by the NHBSC and the patient family. Contractor may charge a flat rate travel charge per treatment visit. contractor will be reimbursed only for travel charges actually documented an performed.

Flat Rate for Travel (billed per visit): $____________

Rate is in accordance with Joint Travel Regulations.

Estimated visits per Period of Performance is 52.

FOB: Destination

NET AMT

FFP

Treatment is determined per Individualized Patient Care Plan (IPCP) as ordered by the Naval Hospital Beaufort, SC (NHBSC). Services are assigned based on patient need and eligibility. Contract Line Item reflects an estimated requirement as a response to current patient needs as prescribed during the period of performance. The Government cannot state any minimum guarantees of EIS for this Period of Performance or renewal years.

Family Training shall be made available to include the following as prescribed:

Contractor to perform EDIS with patient and/or patient family for evaluation; training; specialized patient/care provider instruction; or similarly qualifying treatment information session.

Contractor must adhere to IPCP as specified by the NHBSC and the patient family. Contractor may bill in 15 minute units. Contrasctor will be reimbursed only for visits and 15 minute units actually documented and performed.

Family Training Provider must have at least a BS degree related to the Human Services field and have a certification in special education, teachintg, therapy, or similar specialized training or experience.

Rate per Unit (15 minute): _________

Estimated units at 765 for Period of Performance.

FOB: Destination

NET AMT

FFP

Treatment is determined per Individualized Patient Care Plan (IPCP) as ordered by the Naval Hospital Beaufort, SC (NHBSC). Services are assigned based on patient need and eligibility. Contract Line Item reflects an estimated requirement as a response to current patient needs as prescribed during the period of performance. The Government cannot state any minimum guarantees of EIS for this Period of Performance or renewal years.

Orientation and Mobility Training shall be made available to include the following as prescribed:

Contractor to perform EDIS with patient and/or patient family for evaluation; training; specialized patient/care provider instruction specifically designed for children diagnosed with visual impairment.

Contractor must adhere to IPCP as specified by the NHBSC and the patient family. Contractor may bill in 15 minute units. Contrasctor will be reimbursed only for visits and 15 minute units actually documented and performed.

Orientation and Mobility Training Provider must have at least a BS degree (preferably an MS degree) related to the Human Services field and have a certification in special education, teachintg, therapy, or similar specialized training or experience for persons with a visual impairment.

Rate per Unit (15 minute): _________

Estimated units at 416 for Period of Performance.

FOB: Destination

NET AMT

Each

FFP

Treatment is determined per Individualized Patient Care Plan (IPCP) as ordered by the Naval Hospital Beaufort, SC (NHBSC). Services are assigned based on patient need and eligibility. Contract Line Item reflects an estimated requirement as a response to current patient needs as prescribed during the period of performance. The Government cannot state any minimum guarantees of EIS for this Period of Performance or renewal years.

Beginning American Sign Language Training shall be made available to include the following as prescribed:

Contractor to perform EDIS with patient and/or patient family for evaluation; training; specialized patient/care provider instruction; or similarly qualifying treatment information session.

Contractor must adhere to IPCP as specified by the NHBSC and the patient family. Contractor may bill in 15 minute units. Contrasctor will be reimbursed only for visits and 15 minute units actually documented and performed.

Beginning American Sign Language Training Provider must have at least a BS degree related to the Human Services field and have a certification in specialized sign language training.

Rate per Unit (15 minute): _________

Estimated units at 0 for Period of Performance.

FOB: Destination

NET AMT

Each

FFP

Treatment is determined per Individualized Patient Care Plan (IPCP) as ordered by the Naval Hospital Beaufort, SC (NHBSC). Services are assigned based on patient need and eligibility. Contract Line Item reflects an estimated requirement as a response to current patient needs as prescribed during the period of performance. The Government cannot state any minimum guarantees of EIS for this Period of Performance or renewal years.

American Sign Language Training shall be made available to include the following as prescribed:

Contractor to perform service with hearing impaired primrary care giver during patient/caregiver EDIS to ensure primary care member is fully involved with patient training; specialized patient/care provider instruction; or similarly qualifying treatment information session.

Contractor must adhere to IPCP as specified by the NHBSC and the patient family. Contractor may bill in 2 hour minimum units. Contrasctor will be reimbursed only for visits and units actually documented and performed.

American Sign Language Training Provider must have at least a BS degree related to the Human Services field and have a certification in specialized sign language training.

Weekday Rate per Unit (per hour / minimum 2 hours): _________

Weekend Rate per Unit (per hour / minimum 2 hours): _________

Estimated units at 0 for Period of Performance.

FOB: Destination

NET AMT

FFP

Travel is based on the estimated treatment frequency as determined per Individualized Patient Care Plan (IPCP) per order by the Naval Hospital Beaufort, SC (NHBSC). Contractor is required to travel to patient normal place of living environment to include, but not limited to home, daycare, school, and other therapy facility. Contract Line Item reflects an estimated requirement as a response to current patient needs as prescribed during the period of performance. The Government cannot state any minimum guarantees of EIS for this Period of Performance or renewal years.

Contractor must adhere to IPCP as specified by the NHBSC and the patient family. Contractor may charge a flat rate travel charge per treatment visit. contractor will be reimbursed only for travel charges actually documented an performed.

Flat Rate for Travel (billed per visit): $____________

Rate is in accordance with Joint Travel Regulations.

Estimated visits per Period of Performance is 52.

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

EDUCATIONAL AND DEVELOPMENTAL INTERVENTION SERVICES

1. OBJECTIVE.

This contract is for non-personal services. It does not create employment rights with the

U.S. Government whether actual, inherent, or implied. By agreeing to perform the services described in these specifications, the contractor acknowledges that he/she is not, and will not become an employee of the U.S. Government. The Contractor further agrees that he/she will not bring any cause of action in any forum claiming that he/she has become an employee of the U.S. Government.

2. BACKGROUND INFORMATION.

This is a non-personal service contract covering a professional discipline, which provides healthcare services to eligible beneficiaries of the Department of Defense (DoD) direct care system. The system comprises service-owned, staffed and operated hospitals and clinics throughout the world. On behalf of the Naval Hospital Beaufort South Carolina (NHBSC), the Naval Medical Center Portsmouth, Management Materiel Department, Contracting Division has been chosen as a strategy to permit expansion of the healthcare capacity of DoD facilities by overcoming shortfalls in the number of uniformed practitioners and support personnel.

3. SCOPE OF WORK.

3.1. The Naval Hospital Beaufort, SC Educational and Developmental Intervention Services (EDIS) Program Manager (PM) has the need for Early Intervention Services (EIS) to meet the developmental needs of children with a disability, birth through 36 months of age, and the family’s needs related to having a child with a disability.

3.2. Early Educational Services. The Contractor shall supply in accordance with (IAW) an Individual Patient Care Plan (IPCP) the necessary non-personal services as specified herein to address the NHBSC patient’s physical, cognitive, communication, social, emotional needs, adaptive delays or conditions with a high probability of delay and/or the family member’s needs for various conditions resulting in an identified disability or propensity to develop a disability.

3.3 Service to include, but limited to: family training, counseling, home visits, special education, speech pathology and audiology, occupational therapy, physical therapy, psychology, service coordination, medical services for diagnostic or evaluation purposes, early identification, screening and assessment, orientation and mobility instruction, ophthalmology, and social work.

3.4 Assistive Technology. Technology devices and services, health services necessary to enable an infant or toddler to benefit from the above early intervention services, and transportation and related costs necessary to enable an infant or toddler and the family to receive EIS.

3.5 IPCP. The contractor will act as part of the EDIS team to collaborate with the NHBSC EDIS PM and family to develop an IPCP to measure and achieve specific goals in child progress.

3.6 Treatment/Training Sessions. Contractor should make certain, to the maximum extent possible patient care is provided in natural environments and across daily routines and activities, which are settings that are natural and normal (e.g. home, preschool, or daycare) for children without disabilities.

3.7 Industry Practices. All EIS shall be conducted in a family-centered, comprehensive, multi-disciplinary, and culturally competent, community based and foster collaborative partnerships IAW all State, County, DoD, Navy, and Naval Hospital guidelines and reporting requirements.

3.8 Entitlement of Services. Services are provided based on eligibility to enroll in a Domestic Dependent Elementary and Secondary School (DDESS) and meeting DoD development delay eligibility criteria as defined in DODI 1342.12, DoD Inter-Component Operating Procedures (ICOP), BUMED Instructions 1755.1 and 1755.2.

4. SPECIFIC TASKS.

4.1. The Contractor shall provide sensory services to infants, toddlers, and their families deemed eligible by the NHBSC for EIS through the EDIS PM. Each evaluation must be a standardized reference evaluation tool, with documentation on the tool used. Services will be conducted in the patient’s natural environment and no services will be provided at the NHBSC.

4.2. Provide an environment that maintains a family’s rights to privacy and confidentiality of record, as embodied in TRICARE, separate Uniformed Service and DoD policies and rules, 45 CFR Parts 180, 162, and 164 under Health Insurance Portability and Accountability Act of 1996, and the Privacy Act of 1974. Additionally, the contractor and assigned health care worker (HCW) shall abide by TRICARE, separate Uniform Services and DoD policies and rules governing the release of information on matters pertaining to, or services delivered under, the agreement to the public, including advance approval before publication of technical papers in professional or scientific journals.

4.3. Assigned HCW(s) as required by the IPCP to each child and family eligible to receive EIS. No deviation shall be made to the type of frequency of services specified in the IPCP without concurrence of the family and approval by the NHBSC.

4.4. Reserve the right to refuse services based on upon any concern for safety and well being of the HCW. Provide written findings of each evaluation to the EDIS PM within 10 business days following the evaluation. Evaluations may be mailed or faxed IAW all privacy act provisions to the EDIC PM.

4.5. The Contractor shall identify new and available teaching and learning resources and make recommendations to the EDIS PM to incorporate new and available resources within the IPCP.

4.6. The Contractor shall be responsible for the management of all travel and logistical support of HCW in order to provide EIS in the patient’s natural environment.

5. CONTRACTOR FURNISHED ITEMS.

5.1. The contractor shall furnish the supplies, services, and personnel necessary to perform the requirements of the contract.

5.2. Insurance. The contractor shall comply with applicable provisions of the Federal Acquisition Regulation (FAR) 52.237. The contractor shall comply with the Workers Compensation Insurance Laws of the State of South Carolina.

6. STANDARDS OF CONDUCT.

6.1. Independent Contractor. The services by the contractor are rendered in the capacity of an independent contractor. The Government will evaluate the quality of both professional and administrative services for the purposes of contract inspection and acceptance. The Government retains no direct control over professional assessments and/or recommendations. The contractor shall be solely responsible for any and all liability cause by the acts or omissions of its agents or employees. The contractor shall not in any manner represent or infer that it is an agent of the United States Government. The contractor shall recognize the NHBSC Commanding Officer maintains administrative and operational responsibility for all activities within the command and may take such actions as necessary to preserve and maintain the integrity of the command, subject to the limitations prescribed by law and US Navy regulations.

6.2. The Contractor shall present a neat, well-groomed, professional appearance at all times. Wearing of denim jeans is not permitted, unless otherwise approved by the Contracting Officer’s Representative.

6.3. Alcohol/Drug use in the workplace will not be tolerated. Any contractor found to be under the influence of, consuming, or using alcohol or drugs while on duty will be subject to administrative action from the Contracting Officer, which may include termination of this contract.

6.4. The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of National Security.

7. IDENTIFICATION OF CONTRACTOR EMPLOYEES.

7.1. The Contractor shall provide each employee with an identification (ID) badge, easily readable and including employee's name, contractor's name, functional area of assignment. The assigned HCW shall always have in possession a valid state issued identification card.

7.2. Display of ID Badges. Contractor personnel shall wear the ID badge at all times when performing work under this contract. Unless otherwise specified in the contract, each Contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

8. ADMINISTRATIVE MATTERS.

8.1. Physical Security. The Contractor shall safeguard all patient information property in and outside of the work area.

8.2. The Contractor must possess and present the following credentials and/or comparable qualifications to the EDIS PM prior to start of services:

(a) Proof of college degree.

(b) Proof of specialized training applicable to EDIS.

(c) Health Exam and Immunization Record.

(d) Criminal History Form

8.3. Substitutes. The Contractor shall advise the COR of anticipated absences, for any reason, as far in advance as possible.

8.4. The Contractor shall provide and compensate a suitable and acceptable substitute for all periods of time that the Contractor is unable to perform the services IAW the normally scheduled IPCP.

8.5. All substitutes must be approved in advance by the EDIS PM and Contracting Officer. The substitute must have comparable credentials to those of the Contractor. Substitutes shall have no claim whatsoever against the Government for services rendered and compensation shall be considered a business relationship between the Contractor and the chosen subcontractor. Failure to arrange for a qualified substitute in a timely manner may be considered breach of contract.

8.6. Modifications. The Contracting Officer will designate and authorize an individual to act as the Contracting Officer’s representative (COR). A letter from the KO will specifically designate any such represented appointed. The COR exclusively represents the KO in all technical phases of the work, but is NOT authorized to issue Change Orders, Supplemental Agreements, or direct any contract performance requiring contractual modification or adjustment. Changes in scope of work can only be made by modification properly executed by the KO. All observations made by persons other than the KO or the COR are strictly advisory and shall not influence the contractor’s operation except for administrative requirements and responsibilities specified herein.

9. QUALITY ASSURANCE.

9.1. Quality of Service. The services specified in this performance work statement shall be performed in accordance with established principles and ethics of the medical profession. The quality of healthcare provided will meet or exceed the current recognized standards established by the Joint Commission on Accreditation of Healthcare Organizations (Joint Commission), the American Hospital Association (AHA), American Medical Association (AMA), and the complimentary professional associations, which specify standards of performance for the medical profession, EDIS, and EIS. The contractor shall comply with applicable provisions of law and rules and regulations of any and all Government authorities pertaining to licensure and regulation of healthcare personnel and medical treatment facilities, the regulations and standards of the medical practice, and regulations and standards of the treatment location. In all cases, the dignity of the patient will be given the highest regard, and the precepts of the American Hospital Association’s “Bill of Rights for Patients” shall be observed.

9.2 . The Quality Assurance method of surveillance will be by periodic inspection and customer feedback.

9.3. The Contractor will be provided feedback on performance evaluations and the observations of Government personnel, as well as patient family evaluations and comments.

9.4. Failure to correct any adverse findings resulting from observations and feedback, or failure to deliver all services described in this contract, may result in non-acceptance of the services by the Government.

9.5. The Quality Assurance performance objectives are as follows:

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-2013

RECEIVING OFFICER

1 PINCKNEY BOULEVARD

BEAUFORT SC 29902-6148

843-228-5375

FOB: Destination N61337

30-SEP-2013

N61337

30-SEP-2013

N61337

30-SEP-2013

N61337

30-SEP-2013

N61337

30-SEP-2014

N61337

30-SEP-2014

N61337

30-SEP-2014

N61337

30-SEP-2014

N61337

30-SEP-2014

N61337

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

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

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

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

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

INVOICE AND RECEIVING REPORT COMBO

-OR-

2 IN 1 SERVICES ONLY

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

DESTINATION / DESTINATION

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

WAWF Acceptor/COR Email Address:

Michael.folk@med.navy.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

wawf@med.navy.mil

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

(End of clause)

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

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

52.232-18 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):

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

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

N00183-0004 PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION

1. Introduction In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation,” January 24, 2003, the Business Associate meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Business Associate agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented.

a. Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R.

(1) HITECH Act shall mean the Health Information Technology for Economic and Clinical Health Act included in the American Recovery and Reinvestment Act of 2009.

(2) Individual has the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

(3) Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

(4) Protected Health Information has the same meaning as the term “protected health information” in 45 CFR 160.103, limited to the information created or received by the Business Associate from or on behalf of the Government pursuant to the Contract.

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

(6) Required by Law has the same meaning as the term “required by law” in 45 CFR 164.103.

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

(8) Security Incident will have the same meaning as the term “security incident” in 45 CFR 164.304, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

(9) Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C.

(10) Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304, and 164.501.

b. The Business Associate shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

c. The Business Associate shall use appropriate safeguards to maintain the privacy of the Protected Health Information and to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

d. The HIPAA Security administrative, physical, and technical safeguards in 45 CFR 164.308, 164.310, and 164.312, and the requirements for policies and procedures and documentation in 45 CFR 164.316 shall apply to Business Associate. The additional requirements of Title XIII of the HITECH Act that relate to the security and that are made applicable with respect to covered entities shall also be applicable to Business Associate. The Business Associate agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

e. The Business Associate shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at: http://www.tricare.mil/tmaprivacy/breach.cfm

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

g. The Business Associate shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Business Associate becomes aware.

h. The Business Associate shall ensure that any agent, including a sub Business Associate, to whom it provides Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Business Associate with respect to such information.

i. The Business Associate shall ensure that any agent, including a subBusiness Associate, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

j. The Business Associate shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

k. The Business Associate shall make any amendment(s) to Protected 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 Business Associate shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s compliance with the Privacy Rule.

m. The Business Associate shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

n. The Business Associate shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

2. General Use and Disclosure Provisions Except as otherwise limited in this Clause, the Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government. The additional requirements of Title XIII of the HITECH Act that relate to privacy and that are made applicable with respect to covered entities shall also be applicable to Business Associate.

3. Specific Use and Disclosure Provisions

a. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.

b. Except as otherwise limited in this Clause, the Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are required by law, or the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

c. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).

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

4. Obligations of the Government Provisions for the Government to Inform the Business Associate of Privacy Practices and Restrictions

a. The Government shall provide the Business Associate with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520.

b. The Government shall provide the Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health

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

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

5. Permissible Requests by the Government The Government shall not request the Business Associate 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 Business Associate as otherwise permitted by this clause.

6. Termination

a. Termination. A breach by the Business Associate of this clause, may subject the Business Associate to termination under any applicable default or termination provision of this Contract.

b. Effect of Termination.

(1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below

(2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Business Associate shall return or destroy all Protected Health Information received from the Government, or created or received by the Business Associate on behalf of the Government. This provision shall apply to Protected Health Information that agents of the Business Associate may come in contact. The Business Associate shall retain no copies of the Protected Health Information.

(3) If this contract does not have records management provisions and the Business Associate determines that returning or destroying the Protected Health Information is infeasible, the Business Associate shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Business Associate that return or destruction of Protected Health Information is infeasible, the Business Associate shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Business Associate maintains such Protected Health Information.

7. 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.

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

Section L - Instructions, Conditions and Notices to Bidders

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):

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

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

Section M - Evaluation Factors for Award

CLAUSES INCORPORATED BY REFERENCE