N00183-13-T-0463-00001.docx

N00183-13-T-0463

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

VENDOR TO COMPLETE THE FOLLOWING:

TIN:

CAGE:

DUNS:

Vendor Point of Contact:

Vendor Phone:

Vendor Fax:

Vendor E-Mail:

Vendor’s Published or Commercial Price List containing the items specified herein, must accompany this RFQ package when submitted for evaluation.

Naval Medical Center Portsmouth Points of Contact:

Contracting: Melissa Peregrino-White 757-953-4038 E-Mail: melissa.peregrino-white@med.navy.mil

Payment in Arrears (Check One): ___ Monthly ___ Quarterly ___Semi-Annually ___Annually

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

PROMPT PAYMENT: For Prompt Payment Act purposes, this contract is:

Subject to the 7-calendar day constructive acceptance period.

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

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.

Section B - Supplies or Services and Prices

Maintenance Services for Hemodialysis

FFP

Units for Nephrology Clinics at Naval Medical Center Portsmouth, Virginia for Base Year period 01 October 2013 through 30 September 2014 in accordance with Performance Work Statement, Section C.

FOB: Destination

MILSTRIP: N0018314RQNE003

PURCHASE REQUEST NUMBER: N0018314RQNE003

NET AMT

0001AA

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K S/N: 9K0S14564 FOB: Destination

NET AMT

0001AB

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K2 S/N: 9K0S142460 FOB: Destination

NET AMT

0001AC

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K S/N: 9K0S142421 FOB: Destination

NET AMT

0001AD

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K2 S/N: 9K0S141629 FOB: Destination

NET AMT

0001AE

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S465A FOB: Destination

NET AMT

0001AF

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S396A FOB: Destination

NET AMT

0001AG

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S443A FOB: Destination

NET AMT

0001AH

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S476A FOB: Destination

NET AMT

0001AJ

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S458A FOB: Destination

NET AMT

0001AK

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S381A FOB: Destination

NET AMT

0001AL

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K S/N: 7K0S114597 FOB: Destination

NET AMT

0001AM

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K S/N: 7K0S114637 FOB: Destination

NET AMT

0001AN

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K S/N: 7K0S114644 FOB: Destination

NET AMT

0001AP

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K2 S/N: 2K0S179445 FOB: Destination

NET AMT

0001AQ

Maintenance Services for Hemodialysis

Units.

Manufacturer: Fresenius Model: 2008K2 S/N: 1K0S171054 FOB: Destination

NET AMT

FFP

Units for Nephrology Clinics at Naval Medical Center Portsmouth, Virginia for Option Year I period 01 October 2014 through 30 September 2015 in accordance with Performance Work Statement, Section C.

FOB: Destination

NET AMT

0002AA

FFP

Units.

Manufacturer: Fresenius Model: 2008K S/N: 9K0S14564

NET AMT

0002AB

FFP

Units.

Manufacturer: Fresenius Model: 2008K2 S/N: 9K0S142460

NET AMT

0002AC

FFP

Units.

Manufacturer: Fresenius Model: 2008K S/N: 9K0S142421

NET AMT

0002AD

FFP

Units.

Manufacturer: Fresenius Model: 2008K2 S/N: 9K0S141629

NET AMT

0002AE

FFP

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S465A

NET AMT

0002AF

FFP

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S396A

NET AMT

0002AG

FFP

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S443A

NET AMT

0002AH

FFP

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S476A

NET AMT

0002AJ

FFP

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S458A

NET AMT

0002AK

FFP

Units.

Manufacturer: Fresenius Model: 2008K S/N: 5K0S381A

NET AMT

0002AL

FFP

Units.

Manufacturer: Fresenius Model: 2008K S/N: 7K0S114597

NET AMT

0002AM

FFP

Units.

Manufacturer: Fresenius Model: 2008K S/N: 7K0S114637

NET AMT

0002AN

FFP

Units.

Manufacturer: Fresenius Model: 2008K S/N: 7K0S114644

NET AMT

0002AP

FFP

Units.

Manufacturer: Fresenius Model: 2008K2 S/N: 2K0S179445

NET AMT

0002AQ

FFP

Units.

Manufacturer: Fresenius Model: 2008K2 S/N: 1K0S171054

NET AMT

FFP

Units for Nephrology Clinics at Naval Medical Center Portsmouth, Virginia for Option Year II period 01 October 2015 through 30 September 2016 in accordance with Performance Work Statement, Section C.

NET AMT

0003AA

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0003AB

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

0003AC

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0003AD

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

0003AE

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0003AF

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0003AG

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0003AH

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0003AJ

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0003AK

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0003AL

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0003AM

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0003AN

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0003AP

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

0003AQ

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

FFP

Units for Nephrology Clinics at Naval Medical Center Portsmouth, Virginia for Option Year III period 01 October 2016 through 30 September 2017 in accordance with Performance Work Statement, Section C.

NET AMT

0004AA

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0004AB

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

0004AC

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0004AD

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

0004AE

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0004AF

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0004AG

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0004AH

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0004AJ

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0004AK

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0004AL

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0004AM

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0004AN

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0004AP

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

0004AQ

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

FFP

Units for Nephrology Clinics at Naval Medical Center Portsmouth, Virginia for Option Year IV period 01 October 2017 through 30 September 2018 in accordance with Performance Work Statement, Section C.

NET AMT

0005AA

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0005AB

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

0005AC

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0005AD

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

0005AE

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0005AF

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0005AG

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0005AH

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0005AJ

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0005AK

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0005AL

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0005AM

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0005AN

FFP

Units.

Manufacturer: Fresenius Model: 2008K

NET AMT

0005AP

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

0005AQ

FFP

Units.

Manufacturer: Fresenius Model: 2008K2

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

This contract shall provide full maintenance services for the items listed in Section B and all support items / components. This contract shall provide for maintenance services which include on-site corrective repairs, normal working hour coverage (8:00 A.M. to 4:30 P.M. Monday through Friday excluding Federal holidays) and 24-hour emergency service and routine preventive maintenance services to Department of Defense owned equipment. It shall include all systems, subsystem components, and assemblies, (i.e.: contractor responsible for total maintenance of entire system). All maintenance provisions shall apply to hardware, firmware, and software, as appropriate, unless otherwise stated. Selected vendor must provide technical assistance and telephone support 24 hours a day, 7 days per week.

1. General

a. The Contractor shall comply with HIPAA and DoD Business Associate Agreement as applicable to the performance of this contract.

b. The Contractor shall be fully qualified / authorized by the Original Equipment Manufacturer (OEM) in the repair of all equipment listed within this contract. Contractor shall maintain current qualifications throughout entire contract period. 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.

2. Scope of Work

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

b. The Contractor shall provide telephonic communications with the Government to discuss technical matters relating to the performance of this contract. The Contractor will provide the name and phone number of a Government point of contact within 5 business days after receipt of award. A Contractor’s systems operator will be made available to answer technical questions regarding system operations and applications.

c. Equipment listed in this contract will be maintained to meet the original equipment manufacturers (OEM’s) specifications.

d. The Contractor Point of Contact (POC). The Contractor shall provide in writing the name and telephone number of a primary and alternate English-speaking individual to act as their representative for the scheduling and coordination of service calls, and to be responsible for the coordination of the contract with the Government. The contractor shall provide contact information within 5 business days after contract award. In the event a replacement is made, the contractor shall provide the replacement’s contact information within 5 business days.

3. Government furnished property, Materials and Services.

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

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

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

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

4. Contractor Furnished Property and Material.

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

5. Replacement Parts.

a. The Contractor shall have ready access to unique and/or high mortality replacement parts. All parts supplied shall be compatible with the existing system. In the event that replacements parts are required to be shipped. Shipping shall be performed with Next Day Air at no additional cost to the Government. If Next Day is not available, then contractor shall ship by the next fastest means.

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

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

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

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

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

Specific Tasks.

6. Contractor Report Requirements.

a. During normal duty hours, Contracted Field Service Engineer (FSE) personnel shall check-in with the Biomedical Engineering Division upon arrival at the Government site and again prior to departure. (Biomedical Engineering located in Build-250 1st floor; 757-953-5336). The Contractor FSEs shall personally notify Biomedical Engineering (BME) of problems that result in the equipment being left disabled upon their departure. After normal duty hours, Contractor FSE’s shall notify the duty Biomedical Engineer (BME) via cell phone 757-544-4506 to provide status of service performed, including PMs and corrective maintenance.

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

7. Contractor Responsibility.

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

8. Preventive Maintenance Services.

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

b. The Contractor shall schedule and complete preventive maintenance services prior to the 15th of the selected month.

c. During each scheduled preventive maintenance visit performed during the Base and each Option Year, the Contractor shall replace the steam, water and exhaust manifolds, door gaskets and other worn or defective parts as required to complete the preventive maintenance.

d. 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 by Bureau of Medicine and Surgery (BUMED) Equipment Management Manual NAVMED P-5132 (CH-1, rev.1-2008).

9. Corrective Maintenance

a. Normal Working Hour Maintenance Coverage Maintenance Coverage will be Monday through Friday, between 8:00 A.M. to 4:30 P.M. A contractor Service Tech shall respond via telephone within 2 hours after receipt of trouble call, and provide on-site service no later than the close of business (4:30 pm) on the next business day. Equipment shall be operational within 48 hours.

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

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

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

e. Contractor’s pricing shall be inclusive of all cost including parts, labor, travel and shipping.

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

10. Removal of Government Property

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

b. In the event that that contractor determines the equipment must be moved to an alternate location for repair, the Contractor is responsible for transporting the equipment to the alternate location and returning the repair equipment back to the Government site.

11. Equipment Modification Upgrades

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

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

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

d. The contractor shall provide software updates to the Government. Installation of updates will be left to the discretion of the Government. All supplied software is to be warranted current and free of defects such as viruses.

12. Service Beyond the Scope of the Contract

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

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

BIOMEDICAL ENGINEERING

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5336

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BIOMEDICAL ENGINEERING

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5336

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BIOMEDICAL ENGINEERING

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5336

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BIOMEDICAL ENGINEERING

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5336

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BIOMEDICAL ENGINEERING

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5336

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Section G - Contract Administration Data

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*

For 2 in 1 insert “N/A”

For Combo / 2 in 1 insert “N/A”

For Combo insert “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: xx@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

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…