N00183-13-T-0362__NH_BEAUFORT_MEALS.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:__________________________________________ Note: All interested offerors must be registered and have SAMS accounts. The System for Award Management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities in CCR/FedReg, ORCA, and EPLS. Future phases of SAM will add the capabilities of other systems used in Federal procurement and awards processes. Service Desk URL: http://www.FSD.gov All offers without active SAMS registration and ORCA accounts may be rejected and considered unresponsive. (As prescribed in FAR clauses 52.204-7 and 52.204-8).

Payment Monthly in Arrears, Net 30 days Vendor to reference N00183-13-T-0362 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, 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.

EVALUATION CRITERIA

The Government reserves the right to make a Best Value Award with 1st consideration to vendors with superior past performance. Rating factors are:

Past Performance, Technical Capability, Quality, Delivery, Timeliness, Business Practices, and Price to evaluate quotations;

Failure to label material requiring special handling, refrigeration, or particular storage considerations may result in non-payment and return of material at vendor’s expense. Hazardous materials must be labeled and supplied with a copy of the MSDS (Material Safety Data Sheet).

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

Food Services for NH Beaufort

FFP

See Section "C" for description of services to be provided.

Vendor's price to include all labor, materials, products, contract administration and customer service.

Hospital Meals are based on prior year's patient requirement. Estimated total inpatient meals served for POP is 6,000

FOB: Destination

MILSTRIP: N6133714RCFD001

PURCHASE REQUEST NUMBER: N6133714RCFD001

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

(SERVICE TO PROVIDE INPATIENT MEALS)

FOR

(BEAUFORT NAVAL HOSPITAL)

SPECIFICATIONS FOR INPATIENT MEALS FOR NAVAL HOSPITAL BEAUFORT

The Contractor shall provide meals seven days a week, three meals per day, for the period 01 Oct 13 thru 30 Sept 14 to the Naval Hospital Beaufort, SC (NHB), a 27 bed health care facility. Government staff will pick-up and transport meals from the Contractor’s preparation within the Beaufort and Port Royal, SC city limits to NHB. Government shall provide bulk food storage containers.

Patient Tray Assembly and Specific Diet Orders

Patient Tray Assembly (PTA). Preparing, assembling, portioning, packaging, and labeling food for pick-up and delivery by Government staff. The Contractor shall establish and maintain standard operating procedures and instructions for all facets of PTA to ensure compliance with the standards of ADA Diet Manual, the JCAHO Accreditation Manual for Hospitals, and local Health Department regulations.

Prepared foods will include a variety of regular and therapeutic menu items that meet the specified dietetic requirements for inpatients at NHB. The contractor shall provide bulk food for regular meals and all special diets shall indiviually portioned utilizing Naval Hospital trays. Patient meals are defined as follows:

Regular: Meals including nutritious foods with moderate levels or sodium, fat, and sugar.

Soft: Meals which limit or eliminate foods such as raw fruits and vegetables, tough fibrous meats, and highly seasoned foods.

Diabetic: Meals which provide a controlled amount of carbohydrates, protein, fat, and sugar.

Cardiac: Meals which are low in sodium and derive less than 30 percent of calories from fat by using lean meats and other lower fat items.

Low Sodium: Meals which limit sodium intake to approximately 2-4 grams (2000-4000 milligrams) per day and are prepared without added salt.

Renal: Meals which limit potassium, sodium, phosphorus, protein, and fluid.

Clear Liquid: Liquid meals which leave little or no residue after digestion.

Full Liquid: Transition meals prepared for patients with a full range of liquids prior to the patient being able to tolerate solids or for patients experiencing difficulty chewing, swallowing, or digesting foods.

Pureed: Meals which are thick or thickened and has the consistency of pudding.

Prior to award, the Contractor shall provide a seven-day cyclic menu to the Government’s Registered Dietician for review.

Government-Furnished Items

The government will provide for special diet meals, without cost to the contractor, all of the following items:

1. Insulated patient trays for transportation to NHBSC.

2. A stainless steel patient tray holding rack.

3. All disposable patient tray inserts and eating utensils required to provide meals. Following the initial supply, replenishment will require a two week written notification.

If the Contractor considers that additional items of equipment will improve the services being furnished, the Contractor may request the equipment in writing. Equipment requests must justify Government procurement decisions and provide the following information at minimum:

1) A description of the equipment and descriptive brochures.

2) Estimated cost of the proposed replacement or additional equipment.

3) Benefits to be derived from the new equipment.

Notwithstanding requests for new equipment, the Contractor shall perform the requirements of this contract with existing Government-furnished equipment and disposable items. The products and equipment that will be furnished shall be used in the performance of this contract only.

The Contractor shall exercise care in the use of all Government furnished equipment to prevent undue wear, breakage, and/or consumption.

Upon completion of the contract, the Contractor and the Government shall conduct a joint inventory of equipment.

Request Procedures and Meal Pick-up Times

Inpatient meal requests shall be faxed to the Contractor’s preparation site forty five (45) minutes prior to the regularly scheduled pick-up times. These requests shall specifically list the total number of meals for each diet order. All dinner meal requests shall include required snacks for diabetic patients. The Contractor shall have the required bulk food containers and patient trays staged at the Contractor’s preparation site in a suitable location for pick-up and delivery by Government staff to NHB. Government staff will check the accuracy of requested inpatient tray amounts/snacks and sign for receipt of inpatient meals at the time of pick-up. Government staff will be provided a copy of this receipt and a copy of the meal preparation temperature record used in preparing the inpatient meals at each meal time prior to leaving the Contractor’s preparation site.

Pick-up times: Breakfast 0730 (7:30 a.m.), Lunch 1130 (11:30 a.m.), Dinner 1630 (4:30 p.m.).

Meal Substitutions

In the event the Contractor cannot provide the particular diet order requested, the following pre-approved substitutions can be made without prior notification to the Government:

Regular: Diabetic or Cardiac diets may be substituted.

Soft: Full Liquid diet may be substituted.

Diabetic: No substitutions.

Cardiac: No substitutions.

Low Sodium: No substitutions.

Renal: No substitutions.

Clear Liquid: No substitutions.

Full Liquid: Clear Liquid may be substituted.

Contract Pricing

Prices charged to the Government shall be on a per meal basis. Initial Government estimates for the volume of meals required to be provided from 01 Oct 2011 through 30 September 2012 are as follows:

Total Breakfast Meals Required:

2,000 meals estimated.

Total Lunch Meals Required:

Total Dinner Meals Required:

Total Meals Prepared:

6,000 meals estimated.

Billing and Payment:

The Contractor shall submit an electronic invoice to the Government on a monthly basis in arrears. The invoice will reflect a breakdown of the total number of breakfast, lunch, and dinner meals being billed to the Government for that month, the amounts being billed for meals, and the total amount of the monthly invoice.

Immediately upon receipt, the government will process all invoices for payment in accordance with the Prompt Payment Act.

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-2014

RECEIVING OFFICER

1 PINCKNEY BOULEVARD

BEAUFORT SC 29902-6148

843-228-5375

FOB: Destination 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).

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:

brian.jackson@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

52.252-2 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 (End of clause)

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 (End of provision)