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Maintenance Services for FX Multiple Amputation Trauma Trainer Units (MATT)
Solicitation number
N00183-13-T-0446
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Section A - Solicitation/Contract Form

NOTE:

This requirement is set aside for small business concerns and is being posted simultaneously to Navy Electronic Commerce Online (NECO), Federal Business Opportunities (FBO) and GSA eBuy.

VENDOR TO COMPLETE THE FOLLOWING:

TIN:

CAGE:

DUNS:

Vendor Point of Contact:

Vendor E-Mail:

Vendor Phone:

Vendor Fax:

Payment in Arrears (Check One): Monthly Quarterly Semi-Annually Annually

NOTE: Payment for all services will be in arrears (i.e., at the END of the month, quarter, etc. after services have been rendered).

Vendors must identify any Open Market Items on this quote and provide a copy of their commercial or Published Price List for those Items.

Vendors shall reference GSA e-Buy RFQ822446 and/or Open Market Solicitation Number N00183-13-T-0446 on all correspondence relating to this RFQ.

In the event items are covered under a GSA/FSS contract, vendors shall annotate the contract number, FSC, SIN, maximum order limitation, expiration date and attach a copy of the Contract Ordering Information in their response to this RFQ.

GSA or FSS Contract Number:

(Attach Copy with Quote) Expiration Date:

Maximum Order Limitation:

Special Item Number (SIN):

FSC:

Naval Medical Center Portsmouth Points of Contact:

Contracting: Chantay Johnson 757-953-5005, Fax: 757-953-5006, E-Mail: chantay.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@nmlc.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 an award based on an “All or None” evaluation and/or based on the “Best Value” proposed for this requirement in terms of price and past performance. Vendors with superior past performance history may be given 1st consideration. In addition, priority consideration will also be given to federal supply schedule holders quoting items under GSA/FSS contracts.

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

FY14 - Maintenance Service Agreement

FFP

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

FOB: Destination

MILSTRIP: N0018314RQGW106

PURCHASE REQUEST NUMBER: N0018314RQGW106

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AA

1
Each

FX Multiple Amputation Trauma Trainer

(MATT), S/N 101-1500-002-0058

KGS-TFX-LO-EC Essential Care - Upper and Lower

First Unit (1 on-site customer preventative maintenance service visit per year).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AB

1
Each

FX Multiple Amputation Trauma Trainer

(MATT), S/N 101-1500-002-0060

KGS-TFX-LO-EC-AU Essential Care - Upper and Lower

Additional Unit (1 on-site customer preventative maintenance service visit per year).

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AC

1
Each

ODC - CONUS Essential Care T&E

KGS-TFX-ODC-CEC - Service (1 on-site customer visit per year).

NOTE: Service and maintenance program visits shall follow Federal Per Diem rates for Travel & Expense. All ODCs shall be billed at the actual incurred amounts per the Joint Travel Regulations (JTR). ODC amounts listed in Section B of this order are Not to Exceed (NTE) amounts.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
FY15 - Maintenance Service Agreement

FFP

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

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0002AA

1
Each
OPTION
FX Multiple Amputation Trauma Trainer

FFP

(MATT), S/N 101-1500-002-0058

KGS-TFX-LO-EC Essential Care - Upper and Lower

First Unit (1 on-site customer preventative maintenance service visit per year).

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0002AB

1
Each
OPTION
FX Multiple Amputation Trauma Trainer

FFP

(MATT), S/N 101-1500-002-0060

KGS-TFX-LO-EC-AU Essential Care - Upper and Lower

Additional Unit (1 on-site customer preventative maintenance service visit per year).

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0002AC

1
Each
OPTION
ODC - CONUS Essential Care T&E

FFP

KGS-TFX-ODC-CEC - Service (1 on-site customer visit per year).

NOTE: Service and maintenance program visits shall follow Federal Per Diem rates for Travel & Expense. All ODCs shall be billed at the actual incurred amounts per the Joint Travel Regulations (JTR). ODC amounts listed in Section B of this order are Not to Exceed (NTE) amounts.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
FY16 - Maintenance Service Agreement

FFP

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0003AA

1
Each
OPTION
FX Multiple Amputation Trauma Trainer

FFP

(MATT), S/N 101-1500-002-0058

KGS-TFX-LO-EC Essential Care - Upper and Lower

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0003AB

1
Each
OPTION
FX Multiple Amputation Trauma Trainer

FFP

(MATT), S/N 101-1500-002-0060

KGS-TFX-LO-EC-AU Essential Care - Upper and Lower

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0003AC

1
Each
OPTION
ODC - CONUS Essential Care T&E

FFP

KGS-TFX-ODC-CEC - Service (1 on-site customer visit per year).

NOTE: Service and maintenance program visits shall follow Federal Per Diem rates for Travel & Expense. All ODCs shall be billed at the actual incurred amounts per the Joint Travel Regulations (JTR). ODC amounts listed in Section B of this order are Not to Exceed (NTE) amounts.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
FY17 - Maintenance Service Agreement

FFP

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0004AA

1
Each
OPTION
FX Multiple Amputation Trauma Trainer

FFP

(MATT), S/N 101-1500-002-0058

KGS-TFX-LO-EC Essential Care - Upper and Lower

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0004AB

1
Each
OPTION
FX Multiple Amputation Trauma Trainer

FFP

(MATT), S/N 101-1500-002-0060

KGS-TFX-LO-EC-AU Essential Care - Upper and Lower

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0004AC

1
Each
OPTION
ODC - CONUS Essential Care T&E

FFP

KGS-TFX-ODC-CEC - Service (1 on-site customer visit per year).

NOTE: Service and maintenance program visits shall follow Federal Per Diem rates for Travel & Expense. All ODCs shall be billed at the actual incurred amounts per the Joint Travel Regulations (JTR). ODC amounts listed in Section B of this order are Not to Exceed (NTE) amounts.

NET AMT

Section C - Descriptions and Specifications

Statement of Work

Vendor must be able to provide full contract support immediately upon award of a resulting order. At a minimum, vendor shall provide full maintenance support for the items listed in Section B and all support items / components. This contract shall provide for maintenance services which include materials, manufacturing or workmanship issues, return to bench service, normal working hour coverage (8:00 A.M. to 4:30 P.M. Monday through Friday excluding Federal holidays), parts and labor at no additional cost to the government; to Department of Defense owned equipment, as listed in Section B. Travel associated with the Essentail Care Preventive Maintenance service is listed in Section B as a Not To Exceed (NTE) amount, and all travel shall be billed in accordance with Joint Travel Regulations (JTR).

1. General

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

b. The Contractor shall not accept any instructions issued by any person employed by the

U. S. Government, other than the Contracting Officer (KO), acting within the limits of his/her authority.

c. The Contractor shall be qualified / authorized by the OEM (i.e., Certified Agent of the OEM) in the repair of all equipment listed within this contract. Certification of the OEM must be current (within 2 years) at all times prior to contract award and throughout contract period. Contractor and its employees shall maintain qualifications throughout entire contract period. In the event that a sub-contractor is used for this requirement, the sub-contractor must be a Certified Agent of the OEM. Qualification includes but not limited to the certification of all repair persons and repair facilities by the OEM as being trained / qualified to perform required repairs. The Government shall maintain the right to seek proof of qualification prior to award and anytime during contract period of performance. Additionally contractor must have readily access to parts inventory of OEM replacement parts. All replacement parts must be authorized / certified for use by the OEM. All Contractor employees must be qualified / authorized by the OEM (Certified OEM Technician) in the repair of all equipment listed within this contract. Certification of the OEM must be current (within 2 years) at all times prior to contract award and throughout contract period. Performance of maintenance or repair by persons that do not hold current OEM qualifications will not be allowed. Qualification includes but not limited to the certification of all repair persons / technicians and by the OEM (or OEM approved facility) as being trained / qualified to perform required repairs. Contractor must have direct access to current OEM publications and technical data including data detailing maintenance / operation oddities.

2. Preventative Maintenance Services

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

b. The preventive maintenance visit shall be performed during the time mutually agreed upon between the Government and the Contractor.

(The Government Fiscal Year runs: October through September). The Contractor shall make a best effort to schedule and complete preventive maintenance services as mutually agreed upon between the Government and the Contractor, but no later than the last day of the selected month.

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

PREVENTIVE MAINTENANCE ACTIONS

Maintenance services that will be performed by an OEM maintenance technician during a scheduled, on-site Essential Care maintenance visit include:

• Remove MATT™ skin (De-Glove) to examine the interior:

• This step will be performed during the first quarterly visit to verify the proper operation of MATT™.

• If MATT™ is not behaving abnormally in any way on subsequent visits, then de-gloving will be left up to the discretion of the technician or customer.

• The technician will flush the blood system with distilled water.

• The technician will inspect the animatronics system to ensure the animatronics mechanism has retained its full range of motion.

• The mechanical clutch system will be inspected and tested to ensure that the clutches are operating properly.

• The technician will test tourniquet application to ensure system functions are shutting off the flow of blood as designed.

• The technician will inspect the outer skin surface to ensure that the skin is in good condition. Any small tears or cuts will be treated accordingly.

• Any delamination of the wounds will be treated by removing the delaminating silicone and applying new silicone. Skin shall be repaired as needed. Should skin replacment be required, a separate quote will be provided.

• If required, repairs to the right leg will require the bone assembly to be removed. All delami-nating silicone will be removed from the wound and a detailed cleaning of the wounds will be performed. Each wound will be allowed to dry, and new silicone will be tinted appropriately and then mixed. The new silicone will be applied to the wounds and bones and will be al-lowed to cure for an appropriate amount of time.

• The blood pumping system will be examined to ensure the proper operation of the blood pump, solenoids, and pressure system. An examination of the pump timer circuit will be per-formed to ensure the system is pumping at an appropriate rate and for an appropriate dura-tion. The blood tubing will be examined throughout the system.

• The technician will test the radio control system for proper operation in the test environment.

• The technician will test the battery chargers for proper operation. A multi-meter will be used to verify the proper charge of the battery, and a battery will be charged while the technician is present to verify the charger takes an appropriate amount of time to charge a battery.

• The technician will examine the core structure for any defects due to use or workmanship.

• The technician will test the blood fill system to ensure that the overall system, including quick connect valves, filters, tubing, and blood bladder are all operating correctly.

• The technician will examine the interior structure to ensure that all parts are in their proper place and that the system is performing as specified.

• The technician will re-assemble MATT™ and test each system separately to verify proper operation.

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
0001AA
Destination
Government
Destination
Government
0001AB
Destination
Government
Destination
Government
0001AC
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government
0002AA
Destination
Government
Destination
Government
0002AB
Destination
Government
Destination
Government
0002AC
Destination
Government
Destination
Government
0003
Destination
Government
Destination
Government
0003AA
Destination
Government
Destination
Government
0003AB
Destination
Government
Destination
Government
0003AC
Destination
Government
Destination
Government
0004
Destination
Government
Destination
Government
0004AA
Destination
Government
Destination
Government
0004AB
Destination
Government
Destination
Government
0004AC
Destination
Government
Destination
Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
POP 01-OCT-2013 TO

30-SEP-2014

N/A
N/A
0001AA
POP 01-OCT-2013 TO

30-SEP-2014

N/A
NAVAL MEDICAL CENTER

RECEIVING OFFICER

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5770

N00183

0001AB
POP 01-OCT-2013 TO

30-SEP-2014

N/A
(SAME AS PREVIOUS LOCATION)

N00183

0001AC
POP 01-OCT-2013 TO

30-SEP-2014

N/A
(SAME AS PREVIOUS LOCATION)

N00183

0002
POP 01-OCT-2014 TO

30-SEP-2015

N/A
N/A
0002AA
POP 01-OCT-2014 TO

30-SEP-2015

N/A
NAVAL MEDICAL CENTER

RECEIVING OFFICER

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5770

N00183

0002AB
POP 01-OCT-2014 TO

30-SEP-2015

N/A
(SAME AS PREVIOUS LOCATION)

N00183

0002AC
POP 01-OCT-2014 TO

30-SEP-2015

N/A
(SAME AS PREVIOUS LOCATION)

N00183

0003
POP 01-OCT-2015 TO

30-SEP-2016

N/A
N/A
0003AA
POP 01-OCT-2015 TO

30-SEP-2016

N/A
NAVAL MEDICAL CENTER

RECEIVING OFFICER

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5770

N00183

0003AB
POP 01-OCT-2015 TO

30-SEP-2016

N/A
(SAME AS PREVIOUS LOCATION)

N00183

0003AC
POP 01-OCT-2015 TO

30-SEP-2016

N/A
(SAME AS PREVIOUS LOCATION)

N00183

0004
POP 01-OCT-2016 TO

30-SEP-2017

N/A
N/A
0004AA
POP 01-OCT-2016 TO

30-SEP-2017

N/A
NAVAL MEDICAL CENTER

RECEIVING OFFICER

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5770

N00183

0004AB
POP 01-OCT-2016 TO

30-SEP-2017

N/A
(SAME AS PREVIOUS LOCATION)

N00183

0004AC
POP 01-OCT-2016 TO

30-SEP-2017

N/A
(SAME AS PREVIOUS LOCATION)

N00183

CLAUSES INCORPORATED BY REFERENCE

52.242-15
Stop-Work Order
AUG 1989

Section G - Contract Administration Data

GSA FSS Contract:

GS-23F-8064H

FSC: 874, SIN: 874-9

EXP: 09/30/2017

Items:

OPEN MARKET:

Items:

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*

Field Name in WAWF
Data to be entered in WAWF
Pay Official DoDAAC
HQ0248
Issue By DoDAAC
N00183
Admin DoDAAC
N00183
Inspect By DoDAAC
N/A
Ship To Code
N/A
Ship From Code
N/A
Mark For Code
N/A
Service Approver (DoDAAC)
N/A
Service Acceptor (DoDAAC)
N00183
Accept at Other DoDAAC
N/A
LPO DoDAAC
N00183
DCAA Auditor DoDAAC
N/A
Other DoDAAC(s)
N/A

(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: To Be Determined At Time of Contract Award

(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)

CASUALTY CARE

NOTE: The following statement only identifies how this requirement is being funded and is hereby included in the contract as per BUMED Funding and Contracting Guidance.

The contractor shall provide personnel for service in support of Casualty Care at Naval Medical Center Portsmouth, VA. Primary goals of Casualty are to remove barriers to patient care for service members returning from deployment and to identify emerging health conditions related to deployment. As such, the NMCP staff shall actively market to, identify, and seek out patients for whom services are appropriate. Services shall be performed at clinical locations throughout the hospital’s service area that provide direct support to deployment health.

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

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.

N00183-0019 Base Access (NMCP)

Commander, Navy Installations Command (CNIC), has established the Navy Commercial Access Control System (NCACS), a standardized process for granting unescorted access privileges to vendors, contractors, suppliers and service providers not otherwise entitled to the issuance of a Common Access Card (CAC) who seek access to and can provide justification to enter Navy installations and facilities. Vendors visiting Naval Medical Center Portsmouth (NMCP) may obtain daily passes directly from Naval Station Norfolk (NSN) Pass and ID office, located at NSN (Bldg CD-9), 9040 Hampton Blvd, Norfolk, Virginia, 23505, by submitting identification credentials for verification and undergoing a criminal screening/ background check. Alternatively, if the vendor so chooses, it may voluntarily elect to obtain long-term credentials through enrollment, registration, background vetting, screening, issuance of credentials, and electronic validation of credentials at its own cost through one of the designated independent contractor NCACS service providers. Credentials will be issued every five years and access privileges will be reviewed / renewed on an annual basis. The costs incurred to obtain Navy installation access of any kind are not reimbursable, and the price(s) paid for obtaining long-term NCACS credentials will not be approved as a direct cost of this contract. Further information regarding NCACS can be found at http://cnic.navy.mil/CNIC_HQ_Site/index.htm.

N00183-0023 Service Contracts General (Ref NMCARS 5237.102)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil .

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil."

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

NOTICE: Naval Medical Center Portsmouth (NMCP) has implemented new procedures for persons requiring access onto this facility and its Naval Branch Clinics. Contractors are encouraged to enroll and participate in the RapidGate program, otherwise expect delays entering the NMCP/Branch Clinic Compounds.

Reference Websites:

Rapid Gate Program Overview:

http://www.rapidgate.com/commercial/overview Frequently Asked Questions:

http://www.rapidgate.com/companies Rapid Gate Forms:

http://www.rapidgate.com/forms Section I - Contract Clauses

DOD SECTION I CLAUSES

The reference clauses listed in Section I are applicable to the open market items only.

CLAUSES INCORPORATED BY REFERENCE

52.203-3
Gratuities
APR 1984
52.204-7
System for Award Management
JUL 2013
52.204-13
System for Award Management Maintenance
JUL 2013
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
MAY 2012
52.213-2
Invoices
APR 1984
52.213-3
Notice to Suppliers
APR 1984
52.213-4
Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items)
JUL 2013
52.215-8
Order of Precedence--Uniform Contract Format
OCT 1997
52.219-4
Notice of Price Evaluation Preference for HUBZone Small Business Concerns
JAN 2011
52.219-6
Notice Of Total Small Business Set-Aside
NOV 2011
52.219-28
Post-Award Small Business Program Rerepresentation
JUL 2013
52.222-42
Statement Of Equivalent Rates For Federal Hires
MAY 1989
52.222-49
Service Contract Act -- Place Of Performance Unknown
MAY 1989
52.222-50
Combating Trafficking in Persons
FEB 2009
52.223-16 Alt I
IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) Alternate I
DEC 2007
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.225-25
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
DEC 2012
52.232-1
Payments
APR 1984
52.232-8
Discounts For Prompt Payment
FEB 2002
52.232-19
Availability Of Funds For The Next Fiscal Year
APR 1984
52.232-23 Alt I
Assignment of Claims (Jan 1986) - Alternate I
APR 1984
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.237-3
Continuity Of Services
JAN 1991
52.243-1
Changes--Fixed Price
AUG 1987
52.243-1 Alt I
Changes--Fixed Price (Aug 1987) - Alternate I
APR 1984
52.244-6
Subcontracts for Commercial Items
JUL 2013
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
52.252-6
Authorized Deviations In Clauses
APR 1984
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
JAN 2009
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004 Alt A
System for Award Management Alternate A
MAY 2013
252.204-7006
Billing Instructions
OCT 2005
252.225-7002
Qualifying Country Sources As Subcontractors
DEC 2012
252.225-7048
Export-Controlled Items
JUN 2013
252.229-7999 (Dev)
Foreign Contracts in Afghanistan (Deviation)
JUL 2013
252.232-7001
Disposition Of Payment
DEC 1991
252.233-7001
Choice of Law (Overseas)
JUN 1997
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.239-7001
Information Assurance Contractor Training and Certification
JAN 2008
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.244-7000
Subcontracts for Commercial Items
JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 30 Sep 2017.

(End of clause)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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 K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.204-3
Taxpayer Identification
OCT 1998
52.209-2
Prohibition on Contracting with Inverted Domestic Corporations--Representation
MAY 2011
52.219-1 Alt I
Small Business Program Representations (Apr 2012) Alternate I
APR 2011
52.219-22
Small Disadvantaged Business Status
OCT 1999
52.222-22
Previous Contracts And Compliance Reports
FEB 1999
52.222-25
Affirmative Action Compliance
APR 1984
52.225-18
Place of Manufacture
SEP 2006
52.225-20
Prohibition on Conducting Restricted Business Operations in Sudan--Certification
AUG 2009
252.204-7007
Alternate A, Annual Representations and Certifications
MAY 2013

Section L - Instructions, Conditions and Notices to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.232-28
Invitation to Propose Performance-Based Payments
MAR 2000
52.252-5
Authorized Deviations In Provisions
APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

DFAR Clauses http://www.acq.osd.mil/dpap/dars/dfars/index.htm (End of provision)

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