14-t-0173.doc

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

Fill in Blanks:

TIN (tax ID): ________________

CAGE: ________________

DUNS: __________________

Vendor Point of Contact: ______________________Phone: ____________________

Vendor email: ______________________

Naval Medical Center Portsmouth POC: Communications

Vendors quoted price shall be inclusive of all cost including parts, labor and travel

Payment Monthly, Quarterly, Annually (please circle) in Arrears 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 Vendor to reference N00183-14-T-0173 on all inquires.

Government reserves the right to:

(1) award based on an "All or Nothing Evaluation".

(2) award a “Best Value” requirement. Vendors with superior past performance histories may be given 1st consideration.

EVALUATION FACTORS:

(1) Experience to include 5 years of which 2 years must be within the past 3 years in the performance of requested work

(2) Qualifications of both vendors and service technicians to include: experience specific to the installation and testing of data cabling (min 25% of business workload)

(3) Ability to provide requested cabling and accessories

(4) Experience within a large medical facility (min: 200 bed facility

(5) Ability to provide 4-hour warranty support.

(6) Proximity to contractor’s facility to the Governments place of performance. The Government reserves the right to provide 1st consideration to contractors with a fiscal location within 50 miles of the Naval Medical Center Portsmouth

(7) Ability to provide next day urgent work support

(8) Knowledge (to include experience working in) of historical buildings

(9) Ability to provide 3-day response time to requested services.

PROMPT PAYMENT

For Prompt Payment Act Purposes, this contract is:

Subject to the 7-calender day constructive acceptance period.

“AVAILABILITY OF FUNDS. Pursuant to Section I, Availability of Funds (FAR 52.232-18), of the contract, 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 to the Contracting Officer.

Section B - Supplies or Services and Prices

Installation of Cat 6 Data Drops

FFP

for the period 1Oct 14 - 30 Sep 15

See Section C for details of requirements

FOB: Destination

MILSTRIP: N0018315RQTE016

PURCHASE REQUEST NUMBER: N0018315RQTE016

NET AMT

000101

Each

Installation of Cat 6 Data Drops

Installation of drop complete up to a length of 175' from point of origination

See Section C for details of requirements

Price: $________________ (vendor to fill in) / drop

FOB: Destination

NET AMT

000102

Each

Installation of Cat 6 Data Drops

IInstallation of drop: installation of drop exceeding 175' from point of origination. Charge per foot in excess of 175'.

See Section C for details of requirements

Price: $________________ (vendor to fill in) / foot

FOB: Destination

NET AMT

FFP

for the period 1Oct 15 - 30 Sep 16

See Section C for details of requirements

FOB: Destination

NET AMT

000201

Each

FFP

Installation of drop complete up to a length of 175' from point of origination

See Section C for details of requirements

Price: $________________ (vendor to fill in) / drop

FOB: Destination

NET AMT

000202

Each

FFP

IInstallation of drop: installation of drop exceeding 175' from point of origination. Charge per foot in excess of 175'.

See Section C for details of requirements

Price: $________________ (vendor to fill in) / foot

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

Category 6e Data Drop Installation Statement of Work

Solicitation Notes:

Vendors price to be inclusive of all cost including, material, labor and travel. All work shall be performed in a professional manner adhering to industry, manufactures and generally accepted standards as they apply. The vendor shall comply with state of Virginia building codes as they apply (note that the Tricare VA Beach and Tricare Chesapeake clinics are located in commercial / non-Government owned facilities). The vendor shall be responsible for any and all “outages”. Outage responsibility shall include but not limited to notification of responsible parties, tagging of equipment, scheduling of outages and any other services as required. The resulting award will be issued as a not to exceed value with no minimum guarantees. The estimated volume of work is estimated at 280 drops for each contract year.. It is estimated that 75% of all drops will be no more than 175’ in length. The vendor shall provide a 2-part quote for each contract year. Part 1 shall be an inclusive cost to install a drop complete for a distance up to 175’ from point of origination (switch gear – outlet). Part 2 shall include a per foot cost for the installation of drops that exceed 175’.

Vendor to provide support for Naval Medical Center Portsmouth (NMCP) and any of its clinics all located in the greater Tidewater Virginia metro area. All clinics are within a 50 mi radius of NMCP. For bidding purposes only: it is estimated that 85% of all work will be on site at Naval Medical Center Portsmouth. With the exception of Build-1 (@ NMCP) all buildings are constructed using typical construction methods. Building-1 was constructed in the 1800’s using construction methods that are not common in today’s construction processes (total building renovation within past 15 years). For vendors that are not familiar with this building are suggested to inquire about the buildings contraction as request for price adjustment will not be made after contract award. All cables are to be plenum rated.

REQUIREMENTS

Selected vendor to provide total support to provide, install and test data drops throughout Naval Medical Center Portsmouth and its clinics. As a minimum the selected vendor shall:

· Provide all materials, labor and equipment to complete the required task. To include but not limited to: cable, connections, wall plate / outlet (modular jack) and 2 patch cables (15’ patch cord for modular jack – computer / printer and a 5’ cable for installation within the communication closet). All cable to be rated as a minimum Category 6e plenum rated, twisted 4-pair, UTP, 100 Ohm, 24 AWG, 500 MHz (minimum) cable. Additionally vendor is to provide any required travel and shipping.

· Individual request for work will be provided by the NMCP Telecommunications Department to include Network team (formally MID Network Team) or from the NMCP Contracts Office. Simple request may be requested via a verbal request. A complex request to include the request to install 3 or more drops will be issued via a written request. An email to the contractor project manager will be the preferred method of notification. The contractor shall not accept request for service from any others.

· Selected vendor shall have 5 years experience in the installation and testing of data cabling with a minimum of 2 years of current (within past 3 years) experience. The contractor shall have the legal right to perform work in the state of Virginia (to include local requirements for performance of work within clinics located in commercial buildings). Experience shall be significant to the contractor’s business model (ie: min 25% of contractor’s workload). The Government reserves the right to consider a contractor technically unacceptable if data support work is a minor component to the contractor’s business model / structure. The Government reserves the right to verify work experience prior to award and at any time after award.

· All contractor personnel shall be neat and presentable while on site at NMCP. All personnel shall be clearly identified as contractor personnel via the display of a photo ID and a wearable contractor identifier to include but not limited with a shirt printed with contractor information or a visible “name tag” with company information.

· Protect Government facilities / building providing “touch-up” repairs of any damaged walls, ceilings floors etc. Touch up repairs include but not limited to patching and painting as required (work area). Additionally vendor shall be required to repair / replace ceiling tiles as required. In the event that there is facility damage in the proposed work area, vendor is to note this to the Government in writing 24-hours in advance of work. The contractor will be required to provide a daily clean-up of all work areas to include the removal off-site of any generated debris.

· All cabling is to be installed in existing cable trays where available. Cabling will not be allowed to be strapped, wrapped or otherwise attached to plumbing piping (to include fire sprinkler). Cabling must be segregated from high voltage electrical cabling. Exposed cabling will not be allowed (outside mechanical spaces) unless approved in advance in writing by the Government. In the event that cable is required in a public area, vendor shall as a minimum run cable in emt (electrical metallic tubing). Contractor will make use of the interstitial, existing conduits and adding to the current data jacks where possible. Cabling shall be installed in walls, ceiling, and floor cavities to include mechanical spaces / rooms. Cabling that penetrates a fire wall / barrier shall be installed in a properly drilled and installed sleeve. Penetrations and cabling shall be sealed with fire stopping materials and shall not exceed 80% fill rate in accordance with the National Electric Code (NEC) All cabling must in addition be installed per ANSI/EIA/ TIA standards.

· No cables will be run closer than 3 feet to any electrical cabling, and will not cohabitate with electrical runs in modular furniture or conduits leading from the overhead. The generally accepted color of all jacks and exposed equipment shall be “ivory”. Vendor shall maintain / match this colors scheme (ie: all jacks are to be “ivory”).

· Unless otherwise approved in writing from the NMCP Telecommunications Department: Installed cabling shall not exceed 90 meters (295 feet) and total length to include 18” concealed courtesy loop and 10’ service loop shall not exceed 95 meters (327 feet). UTP cable jacketing will be stripped IAW ANSI/EIA/TIA 568B standards. In addition, the cabling will be run IAW ANSI/EIA/TIA standards to ensure cabling is not run over top of lighting or violating any other set standards. The cable backbone will be secured to the building structure every ten feet with proper fasteners.

· Installed cables shall not bend beyond the specifications of the manufacturer nor bend beyond the Commercial Building Telecommunications Cabling Standard (TIA/EIA-568-B.1 Chap 10.2.1 and TIA/EIA B.1-1 Addmum)

· Data cables shall be “punched down” on a government provided Cat 6 patch panel (with blue modular jacks) if present in the event that panel is not available, contractor must have the ability to provide a modular Panduit or Leviton with Cat 6 jacks. The uses of a contractor provide panel will be negotiated as a separate order on an as needed basis.

· Drops to be installed as “home runs” between the user wall plate (modular jack) and communications closet. All drops will be at the end user end with blue RJ-45 angled modular jacks (Panduit, Leviton or Ortronics when required). The outlets are required to be flush or surface mounted boxes with single, dual, triple or quad face plates. Surface mounted boxes will be used only where flush mounted boxes are not feasible.

· All cabling fittings and installed items (outlets / modular jacks) shall be compatible with currently installed equipment at NMCP and be considered as typically commercially available equipment.

· All installed cables / circuits shall be 100% tested to EIA/TIA standards upon completion of installation. Drops will be labeled in accordance with site labeling standards. The standard used at Naval Medical Center Portsmouth is communications closet name and drop number. For example 2A01-005, would be a properly labeled drop. All drops will have the room, outlet, and drop number on both ends of each cable. The same labeling will be found on the wall plate as well as the patch panel in the communication closet. When testing the cabling, the drops and the patch panel in the communications closet will be checked for correct labeling and accuracy.

· Prior to start of work and at the completion of work, contractor is to notify the NMCP Telecommunications Department @ 757-953-6389. The Government reserves the right to inspect work at any time during the install process. Contractor shall expect the Government to be on site for a minimum of 10% of all drop testing. Additionally the contractor shall provide the Government with a schedule of work a minimum of 2-days in advance of work (exception = priority request).

· For the replacement of existing cables, contractor shall remove old cabling 100% and document the removed drop number on the contractor work report. Contractor required to fill any voids caused by the removal of old cabling including the installation of fire stop materials.

· Contractor to provide installation of cabling as soon as possible after notification of work request but no later than 10 days after notice. The Government reserves the right to request next day service for priority request. The contractor shall expect app 10% of all request to be considered as priority.

· Contractor shall provide a single point of contact (POC) for work performance. POC shall have the right to direct contractor work and to answer technical questions from the Government.

· All work shall be accepted by the NMCP Telecommunications Department. Work shall be 100% complete before payment will be released.

Deliverables:

Upon completion of work and prior to payment of services: Contractor will provide site complete test documentation as well as a cable running list to include a drawing / sketch of “as built” installed items. The cable running list will include building number, floor number, room number, drop number and drop location. A summary of test results of each installed drop. All reports to include drawings shall be considered as the sole property of the Government. The contractor shall not release any information / data to 3rd parties without the expressed written permission of the Government.

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-2015

MID/COMMUNICATIONS

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-0108

FOB: Destination N00183

30-SEP-2015

30-SEP-2015

30-SEP-2016

MID/COMMUNICATIONS

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-0108

N00183

30-SEP-2016

30-SEP-2016

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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 System for Award Management 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).

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and

“Receiving Report” (stand-alone) document type may be used instead.)

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

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(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

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(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.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(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.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(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

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.

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

52.217-8 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 10 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 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 2 years.

(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)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(End of provision)

Section L - Instructions, Conditions and Notices to Bidders

CLAUSES INCORPORATED BY REFERENCE

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

Section M - Evaluation Factors for Award

CLAUSES INCORPORATED BY REFERENCE