N00183-14-T-0340.docx

N00183-14-T-0340

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

EMAIL (PREFERRED) OR FAX QUOTE TO: Chantay.Johnson@med.navy.mil, Fax# 757-953-5006. Questions regarding this RFQ shall be submitted via email prior to the closing date.

NOTE: If submitting a quote via NECO, vendor to email for a COMPLETE copy of the RFQ.

VENDOR TO COMPLETE THE FOLLOWING:

TIN:

CAGE:

DUNS:

Vendor Point of Contact:

Vendor Phone:

Vendor Fax:

Vendor E-Mail:

VENDOR shall include a copy of your most recent Published or Commercial Price List which shows the effective date and contains the supplies/services quoted per this Request for Quotation.

VENDOR shall reference Request for Quotation (RFQ) Number N00183-14-T-0340 on all correspondence relating to this RFQ.

PAYMENT INFORMATION:

Invoice/Payment in Arrears, Net 30 Days

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

NOTE: Payment for all supplies/services will be in arrears. For example, if “annually” is selected, invoice shall be submitted on or after the period of performance end date and payment will be made Net 30 Days upon certification in WAWF.

NOTE: Vendor will be required to provide billing electronically via the WAWF Electronic Invoicing Method per Section G of this RFQ. 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.

PURSUANT to FAR 52.232-18 - Availability of Funds.

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.

NOTE: 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 technical capability (ability to provide materials and/or services according to the specifications and/or descriptions), past performance, and price. A contractor with a superior past performance history under contracts the same as or similar to the scope and magnitude of the work described by this solicitation may be given 1st consideration. The government reserves the right to eliminate quotes, without discussion, that are deemed technically unacceptable.

Section B - Supplies or Services and Prices

FY15 Maintenance Service Agreement

FFP

in accordance with Statement of Work, Section C for:

Scanning System, Computed Tomography, Axial, Full-Body Nameplate Model: CERETOM, Common Model: NL300, ECN 101893, S/N 00127, Mfr S/N 127 Manufacturer: Neurologica Corp Location: Cross Sectional Radiology

FOB: Destination

MILSTRIP: N0018315RQXR008

PURCHASE REQUEST NUMBER: N0018315RQXR008

NET AMT

FFP

in accordance with Statement of Work, Section C for:

Scanning System, Computed Tomography, Axial, Full-Body Nameplate Model: CERETOM, Common Model: NL300, ECN 101893, S/N 00127, Mfr S/N 127 Manufacturer: Neurologica Corp Location: Cross Sectional Radiology

FOB: Destination

NET AMT

FFP

in accordance with Statement of Work, Section C for:

Scanning System, Computed Tomography, Axial, Full-Body Nameplate Model: CERETOM, Common Model: NL300, ECN 101893, S/N 00127, Mfr S/N 127 Manufacturer: Neurologica Corp Location: Cross Sectional Radiology

NET AMT

Section C - Descriptions and Specifications

Performance Work Statement

SERVICE/MAINTENANCE OF RADIOGRAPHIC EQUIPMENT

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 of New Years Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day), 24-hour emergency service, and routine preventive maintenance services to Department of Defense owned equipment as described in individual line items. All maintenance provisions shall apply to hardware, firmware, and software, as appropriate, unless otherwise stated. It shall include all systems, subsystem components, and assemblies. Services shall be provided at the following locations: Naval Medical Command Portsmouth Radiological Department, TriCare Virginia Beach Radiology Department, TriCare Chesapeake Radiology Department, Sewells Point Clinic Radiology Department, Oceana Clinic Radiology Department, and Boone Clinic Radiology Department.

1.0. General

1.1 The Contractor shall comply with all applicable Federal, State, and Local Laws, in addition to any Federal Regulations that may be applicable to the performance of this contract.

1.2 The Contractor shall be qualified by the Original Equipment Manufacturer (OEM) in the repair of all equipment listed within this contract. Contractor shall maintain qualifications throughout entire contract period. Qualifications shall include but are not limited: repairpersons working under this contract shall have received and completed training from the OEM; training shall at all times be current within two (2) years; proof of such training must be provided upon request; and repair facility is approved by the OEM and meets standards for an OEM repair facility.

1.3 The Government shall maintain the right to seek proof of qualification prior to award and anytime during contract period of performance.

2.0 Scope of Work

2.1 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.

2.2 The Contractor shall provide telephonic communications with the Government to discuss technical matters relating to the performance of this contract. A systems operator will be made available to answer technical questions regarding system operations and applications.

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

2.4 Equipment and associated components to be serviced are identified in Section B, “Order for Supplies or Services”.

2.5 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.

3.0 Contractor Service Personnel or Field Service Engineer (FSE)

3.1 Contractor service personnel (FSEs) shall be English speaking and be required to provide documentation of current professional formal factory training on the equipment to be serviced and annual continuing education, per Joint Commission for the Accreditation of Healthcare Organizations (JCAHO) section PL.3.2.1.2. The FSEs provided under this contract shall be qualified by the OEM in the repair of listed equipment. Qualifications must be current within 2-years.

3.2 The COR may at any time request verification of service personnel credentials who are servicing the equipment.

3.3 If subcontractor(s) are used, the Contracting Officer must approve them; contractor must submit any proposed changes in the subcontractor(s) to the Contracting Officer for approval/disapproval.

4.0 Response Time.

4.1 Response Time: Contractor’s FSE shall respond with a phone call to the COR or his/her designee within one (1) hour after telephone notification, 24 hours per day. If the problem cannot be corrected by phone, the FSE shall commence work (on-site physical response) within four (4) hours after contractors’ initial receipt of notification and will proceed progressively to completion without undue delay. For example, if a call is placed during coverage hours and no sufficient prescribed coverage hours are remaining in the day, the FSE should be on site at the beginning of the next coverage day. e.g. if hours of coverage are 8:00 am to 6:00 pm, with a four (4) hour response time, and a call is placed at 4:45 pm, Monday, August 10th, the FSE shall be on-site to service by 8:00 am, Tuesday, August 11th.

4.2 Work performed outside the normal hours of coverage at the request of the COR will be billed at the contractor’s standard hourly rate under a separate contract. Billing will include service time plus one (1) hour travel time. Parts and special shipping that may be needed for equipment worked on outside of normal hours shall be included in the price of the appropriate CLIN for each piece of equipment. If work is performed outside coverage hours, without the proper request from the COR or designee, the work will be considered as service during normal coverage hours.

5.0 Contractor Responsibilities.

Conformance Standards. The contractor shall keep the systems in good operating condition, meeting all equipment and performance requirements published by the original equipment manufacturer. The contractor also assumes responsibility for system conformance with the latest published edition of NFPA-99, OSHA, FDA, and CDRH.

5.1 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 Contracting Officer or appointed representative.

5.2 All labor, including installation and calibration of contractor furnished x-ray tubes, all service, materials, transportation, travel time, and replacement parts shall be included to maintain the Covered Medical Systems and ancillary equipment listed herein to the required uptime.

5.3 Maintenance Service Support. The contractor shall furnish maintenance service support to include corrective and preventive maintenance for the system to ensure a minimum uptime of 98%.

5.4 Operational Uptime. Operational uptime is defined as the state when the system is working according to the performance specifications of the original equipment manufacturer and available for use 24 hrs a day, 7 days a week. Percentage uptime is calculated as total hours uptime in hours divided by the sum of total uptime and downtime in hours.

5.5 Downtime. Downtime is defined as the state when the system is not operable or available for routine clinical use (during coverage time). The start of a downtime will be the time the contractor is notified by the designated government representative.

5.6 Scheduled routine preventive maintenance shall not be considered in downtime calculation. Minor system failures of ancillary components which do not affect system clinical use and availability will not be considered in down-time calculation, except if the FSE needs to preempt use of the system to accomplish the repair. Downtime will then start once the FSE makes the equipment unavailable for use. Corrective service for these system failures is however, subject to the remainder of the provisions of this specification.

5.7 Telephone Assistance. The contractor shall provide telephone assistance 24 hours per day for equipment covered under this contract. Telephone assistance shall be toll free to the government. The COR or designated representative shall be able to call and receive assistance in correcting problems with equipment operation or the contractor will have the ability to dial directly into the equipment and remotely assess or repair the problem with the equipment.

5.8 Updates. The contractor is responsible for providing and installing manufacturer designed and issued field modifications, safety corrections and revisions for correcting software and equipment deficiencies at no additional cost to the Government.

5.9 Contractor Furnished Property and Material. 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.

5.10 Equipment Modification Upgrades. 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.

5.11 Additional Charges. There will be no additional charge for time spent at the site awaiting the arrival of additional FSE(s) and/or delivery of parts.

5.12 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.

b. At the same time of the notification, the Contractor shall furnish BME with written estimate of the cost to make the necessary repairs. Repairs considered by the Contracting Officer to be outside the scope of this contract shall not be covered under this contract, but shall be ordered under a separate purchase order.

6.0 Preventive Maintenance (PM)/Calibration

a. In accordance with Naval Medical Logistics Command (NAVMEDLOGCOM) Risk Assessment Criteria, preventive maintenance shall be performed in accordance with the Original Equipment Manufactures (OEM) recommendations on a mutually agreed upon schedule between the Government and the selected vendor. Vendor will be required to contact NMCP Biomedical Engineering Dept within 30 days of award to schedule preventative maintenance inspections.

b. The preventive maintenance visits shall be performed during the following months: January (Base and Option Years) Preventative Maintenance shall be performed in the Base Year and each Option Year. (The Government Fiscal Year runs: October through September). The Contractor shall schedule and complete preventive maintenance services prior to the 15th of the selected month. Government stickers are to be placed on the equipment reflecting the date PM was done and the next due date.

c. All test equipment used in the performance of this contract shall 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.

d. The contractor shall perform PM service to ensure that the equipment listed under this contract performs in accordance with Conformance Standards. The contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable) and provide them to the COR or his designated representative at the completion of the PM. The contractor shall schedule PM services with the COR at least 48 hours prior to conducting the services. PM services shall, at minimum, include the system services at the frequencies recommended by the original equipment manufacturer. These services must include, but need not be limited to:

6.1.1 Cleaning of equipment.

6.1.2 Calibrating and lubricating the equipment.

6.1.3 Performing remedial maintenance of a non-emergency nature.

6.1.4 Testing and replacing faulty and worn parts and/or parts which are likely to become faulty, fail, or become worn before the next PM, except glassware.

6.1.5 Inspecting for wear and fraying, and replacing where necessary, electrical wiring, cables, high Voltage cables, bushings and dielectric as necessary.

6.1.6 Measuring, adjusting and calibrating as necessary for optimal image quality.

6.1.7 Inspecting, and replacing where indicated, all mechanical components including, but not limited to; X-ray tube mounting hardware, patient restraints and support devices, cables and mounting hardware, chains, belts, bearings and tracks, interlocks, clutches, motors, keyboards, and patient couches for mechanical integrity, safety, and performance.

6.1.8 Returning the equipment to the operating condition defined in the OEM’s Conformance Standards.

6.1.9 Providing documentation of services performed.

6.1.10 Inspecting output devices, e.g. monitors, laser imagers, cameras and processors. Calibrate or recommend calibration if appropriate.

6.1.11 Consulting with the equipment operator(s) regarding equipment performance.

6.2 All exceptions to the PM schedule must be arranged and approved in advance with the COR.

6.3 Any charges for parts, services, manuals, tools, instrumentation, or software required to successfully complete scheduled PM are included within the price of each CLIN.

6.4 Calibration of the system shall be scheduled and performed in accordance with the original equipment manufacturer's recommended schedule unless required more frequently because of a remedial service call that required a major component change such as a tube replacement. The contractor shall complete and affix the Medical Equipment Verification-Certification Label (DD Form 2164) to each system or subsystem upon completion of the scheduled service inspection (PMI or Calibration). All forms needed by the contractor will be furnished by the COR prior to the first scheduled service inspection.

6.5 The contractor shall furnish documentation, including photographs, radiation dose measurements, and all applicable x-ray film exposures, of all measurements and calibration to ensure that the system is performing in accordance with FDA/CDRH regulations, as applicable, based upon the date of system manufacture or remanufacture.

6.6 The contractor shall furnish all backup documentation, including photographs and all applicable x-ray film exposures of all measurements and calibrations, to ensure that the system is performing in accordance with OEM guidelines and recommendations.

7.0 Unscheduled/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 FSE 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. Emergency Service Coverage - In the event that emergency service outside the normal working hours are required by the Government, additional work shall be billable to the Government at published commercial rates. This work shall be accomplished under a separate contract (see paragraph 4.3).

c. Government request for corrective maintenance will be placed by Bio-Medical Repair Technician (BMRT), COR, or the designated alternate, to the Contractor’s POC. Corrective Maintenance shall be completed during the hours specified in the contract.

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

e. 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) to determine the most likely cause of the problem; 3) to determine if resolution of the problem requires the dispatch of a FSE; and 4) to identify replacement parts likely to be required in order to return the equipment to 100% operational condition as specified by the OEM.

f. Contractor’s pricing shall be inclusive of all cost including parts, labor, travel and shipping, unless otherwise indicated.

7.1 Contractor shall respond to all intervening service calls necessary between scheduled PMs and calibrations.

7.2 All required parts (including shipping) and service shall be furnished as part of this contract without additional cost to the government. Replacement glassware is to be included in the scope of this contract.

7.3 The BMRT, COR, or designated alternate has the authority to place a service call with the contractor. A complete list of authorized personnel will be furnished at the time of contract award.

7.4 Maintenance actions. Once a maintenance action is initiated, it shall be continuous until the task is complete. Compliance shall be manifest by continuous presence of the FSE(s) on the job site, unless waiting for delivery of replacement parts. Under no circumstances however, shall maintenance actions be delayed by more than 24 hours waiting for delivery of parts.

8.0 Parts.

The contractor shall be able to furnish and replace parts to meet uptime requirements. The following requirements apply to parts provided under this contract.

8.1 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.

8.2 All parts used for service of this system shall be new or remanufactured. If remanufactured parts are used, maintenance records must indicate date of refurbishment or remanufacture and the name and location of the company that provided the part. For CT and MRI systems, only new or OEM remanufactured parts shall be used. .

8.3 In the event that new parts are not available, rebuilt parts and sub-assemblies 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.

8.4 Used parts, those removed from other equipment, shall not be installed without prior approval of the BMRT or COR in consultation with the command’s Chief Medical Physicist.

8.5 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 in the fastest reasonable means possible (i.e., next day air) at no additional cost to the Government.

8.6 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).

8.7 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.

8.8 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.

9.0 Equipment Modifications

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

9.2 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.

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

9.4 The contractor at no additional cost 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 free of defects, including viruses.

9.5 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.

10.0 X-Ray Tubes.

10.1 If the requirement for a replacement x-ray tube exists, it shall be provided by the Contractor under the appropriate line item number of this contract. The replacement of an x-ray tube shall include, deinstallation of the faulty tube, reinstallation and recalibration of the replacement x-ray tube. Tube replacement shall be accomplished within eight (8) hours.

10.2 The replacement of x-ray tubes shall be included in the cost of this contract. The contractor is responsible for completing and submitting all applicable reports to the FDA and the COR.

10.3 X-Ray tubes provided under this contract shall meet or exceed the performance specifications of the x-ray tube recommended by the original equipment manufacturer. Contractor shall provide any modifications required as needed when installing or operating a non-OEM tube (mounting brackets, trunions, or calibration proms). Any modifications made must not be permanent and must allow installation of OEM tube at a later date.

11.0 Special Tools, Diagnostic Software, Test Equipment and Technical Documentation.

11.1 The contractor shall have all special handling equipment for complete servicing of the systems covered, including the replacement of x-ray tube heads and MRI coils, and ramping MRI systems up and down.

11.2 The government will not provide service manuals or service diagnostic software to the contractor. The contractor shall be responsible for providing all service manuals, operational manuals, schematics, and diagnostic software to the FSE(s) necessary to maintain the required system uptime.

12.0. 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 may be required to sign a Government form accepting responsibility for the Government equipment. The Contractor shall provide a detailed description of removed items. For associated items / accessories, contractor is to provide a detailed description and quantities of items to be removed. Description to include as a minimum manufacturers serial numbers and equipment control number (ECN) of all equipment / items removed. 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. All charges resulting from a Contractor determined requirement to transport Government owned property, covered by this contract, to and from an alternate repair location shall be the responsibility of the Contractor.

13.0 Contractor Report Requirements

13.1 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 Officer of the Day Desk (Bldg 2, 2nd Floor) and the systems operator designated by BME.

13.2 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 will 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.

13.3 The contractor shall furnish a signed System Maintenance Record to the COR or his designee at the completion of each PMI or corrective service call. The COR or his designee will countersign the report to certify that the services were rendered. The government will not recognize any maintenance actions that have not been signed by the designated government representative. All maintenance documents shall be prepared and validated in duplicate. One (1) copy shall remain with the imaging system and one (1) copy shall be provided to the COR or his designee. Documentation and reporting shall be in compliance with JCAHO and FDA standards.

13.3.1 The System Maintenance Record for each PMI or service call will include at minimum:

a. Name of the contractor.

b. Name the servicing FSE.

c. Date, Time (starting and ending), Equipment Downtime, and Hours On Site. The FSE must report to the Medical Equipment Repair Shop in accordance with local guidelines.

d. Description of the problem reported by the COR/User and an itemized description of Service Performed (including labor, parts, and corrective action taken).

e. Identification of Equipment to include Index Number, Manufacturer, Device, Model Number, and Serial Number.

f. Contractor must complete DD Form 2164 when accomplishing PMI and/or calibration.

13.4. Reporting Required Services beyond the Contract Scope. The contractor shall immediately, but not later than 24 consecutive hours after discovery, notify the Contracting Officer and COR, (in writing), of the existence or the development of any defects in, or repairs required to the scheduled equipment which the contractor considers he/she is not responsible for under the terms of the contract. The contractor shall furnish the Contracting Officer and COR with a written estimate of the cost to make necessary repairs, and a full technical description.

14.0 Condition of Existing Equipment. Failure to inspect the equipment prior to award of the contract will not relieve the contractor from performance of the requirements of this contract. The contractor accepts responsibility for the equipment in "as is" condition at time of award.

15.0. Claims of Government Misuse or Abuse. If the contractor claims any service calls are the result of government abuse or misuse, the damage must immediately be shown on the System Maintenance Record and verified by the COR and approved by the Contracting Officer before repairs are made. The Contracting Officer will resolve disagreements as to responsibility.

16.0. Government Furnished Property, Materials and Services.

a. 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.

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

BIOMEDICAL ENGINEERING

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5336

N00183

30-SEP-2016

N00183

30-SEP-2017

N00183

CLAUSES INCORPORATED BY REFERENCE

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).

2 IN 1 SERVICES ONLY

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

DESTINATION / DESTINATION

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

Routing Data Table*

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

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

WAWF Acceptor/COR Email Address: 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)

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 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…