RFQ_N00183-15-T-1035.docx

N00183-15-T-1035

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

VENDOR TO COMPLETE THE FOLLOWING:

TIN:

CAGE: DUNS:

Vendor POC:: Email:

Vendor Phone: Fax:

VENDOR Check Here: Include a copy your Published or Commercial Price List which contains the items quoted per this Request for Quote.

Naval Medical Center Portsmouth Points of Contact:

Doris Turner, Phone: 757-953-7456 Fax: 757-953-5006 E-Mail: doris.w.turner.civ@mail.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 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

Vendor to reference Request for Quotation (RFQ) Number N00183-15-T-1035 on all correspondence relating to this RFQ.

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

Subject to the 7-calendar day constructive acceptance period.

Government Reserves the right to make an award based on an “All or None” evaluation and/or based on the “Best Value” proposed for this requirement in terms of past performance, price and technical capabilities. Vendors with superior past performance history may be given 1st consideration.

Section B - Supplies or Services and Prices

Pastoral Care

FFP

work to be performed 5 hours per day, 30 hours per week, in accordance with Performance Work Statement, Section C.

Period of performance: 04 April 2015 through 03 April 2016

FOB: Destination

MILSTRIP: N0018315RQHCS02

PURCHASE REQUEST NUMBER: N0018315RQHCS02

NET AMT

Sunday Mass in according with the Performance Work Statement, Section C.

Period of Performance: 04 April 2015 through 03 April 2016

FOB: Destination

NET AMT

Holy Day Mass in accordance with Performance Work Statement, Section C

Period of Performance: 04 April 2015 through 03 April 2016

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

ROMAN CATHOLIC PRIEST

DAY USE

1. INTRODUCTION/SCOPE

Background. The Commander, Naval Medical Center Portsmouth (NMCP), Portsmouth, VA, is responsible for providing for the spiritual and religious care of patients and staff.

2. CONTRACTOR REQUIREMENTS

The contractor shall be an independent contractor of Pastoral Care Services. The contractor shall:

A. Counsel/visit Roman Catholic patients and staff as coordinated by the command chaplain or his/her representative. During pastoral care visitation, the contractor will deliver the sacraments of the church, as needed. Additionally, as part of his pastoral care he will offer weekday Mass. The contractor (priest) agrees to perform on behalf of the U.S. Government duties of a Roman Catholic priest for the spiritual care of active duty military personnel, retirees and their family members, eligible civilian employees, and other beneficiaries per the terms and conditions of the contract.

Note: The government reserves the right to request the contractor counsel persons which may be non-Roman Catholics. This will be an exception to the normal workload and as such the contractor shall not be held responsible for faiths other than that of the Roman Catholic faith. The contractor will only be asked to make a “best effort.”

B. Work Schedule. Contractor will work on an as needed basis. The estimated work schedule will be as follows:

i. Work five days per week for a total of 30 hours per week, typically Sunday – Thursday with a 30 minute uncompensated meal break.

ii. Actual schedule will be as directed by the command chaplain.

ii. Contractor shall be given a minimum of 30 days advanced notice if support for Christmas is required.

v. The contractor shall perform, with the parameters of his ordination and the dictates of his faith group.

D. Orientation. Staff orientation is required and the independent contract priest will attend all command orientation and initial training requirements within the first month of service. Note that this requirement may not apply to vendors who have previously attended orientation.

E. Place of Performance. Work shall be performed onboard NMCP. Meetings between the contractor and the Command Chaplain, or his/her representative, shall be performed on site.

F. All pastoral care visits to patients will be charted.

G. Communication. The contractor may be required to meet with Directors, Department Heads, Supervisors, and other staff personnel as well as patients and their families in the performance of pastoral responsibilities. The contractor will pursue all administrative matters through the command chaplain or his/her representative.

H. Qualifications. The contractor shall:

i. Be a validly ordained Roman Catholic priest in good standing with the Roman Catholic Archdiocese for Military Services, USA.

I. Communications. The contractor shall be able to read, write, speak and understand English fluently.

J. Guidance. The command chaplain or his/her representative will provide direct guidance for the contracted priest.

K. INS verification. No alien shall be allowed to perform under this contract without an Alien Registration Card (“green card”) and/or in violation of the Immigration Laws of the United States.

L. Personal Appearance. The contractor shall be neat, clean, well-groomed, and in appropriate clergy clothing when in patient care and public areas. The contractor shall display the identification badge provided by security any time while at work. The contractor shall provide all clothing which is deemed personal.

M. Government Regulations. The contractor shall become acquainted with and obey all pertinent Command, Navy, and DOD regulations, shall perform in a manner which precludes any waste of utilities and shall not use government equipment for personal business. All motor vehicles operated on this installation by the contractor shall be registered with base security and operated according to applicable directives. The contracted priest will comply with government policies and regulations in regard to identification badges, parking, and professional decorum. Eating and smoking by the contractor are prohibited in patient care areas and are restricted to designated areas.

N. Absences. The contractor shall advise the command chaplain, or his/her representative, of any planned or unplanned absences. The contractor shall provide a competent priest substitute with equivalent credentials who will provide Catholic coverage during periods of contractor absences.

O. Ethical Conduct. The contractor, although in fact not a Government employee, shall comply with Executive Order 11222 of May 8, 1965, “Prescribing Standards of Ethical Conduct for Government Officers and Employees,” and shall also comply with Department of Defense (DOD) and Department of Navy (DON) regulations implementing this Executive Order. In addition, the contractor shall adhere to all DOD, Navy, and Command policies and regulations during the performance of their duties. Contractor shall not accept tips and / or donations for services rendered. In the event that donations are offered all such donations shall be referred to the general offerings of the NMCP Pastoral Care Department.

P. Liability Insurance. As an independent contractor, all medical, dental and professional liability insurance is the responsibility of the contractor.

Q.. Contract Termination. This contract may be terminated by either the Contractor or Government as mutually agreed upon by each party with a minimum thirty (30) day written notification.

R. Emergency Calls Outside of Normal Working Hours. The contractor will be available to respond to emergency calls. If the contractor is requested to respond to an urgent Catholic patient need, pastoral care charges will begin with the call and end when the contractor has completed the pastoral visit and is departing the hospital.

3. PROPERTY

A. Government-Furnished Property. The government will make a best effort to provide office space, office furniture, telephone/fax service, pager, charting stamp, and the use of a copier and computer hardware and software necessary for use by the contractor. The government will allow unlimited telephone usage, both local and long distance, in support of the Pastoral Care Services programs. The government will provide utility services for the contractor’s use while on site. The government will provide the referenced information (reference material, religious literature, study guides etc.) as required. The Pastoral Care Services staff will coordinate the retrieval of information needed by the contractor and serve as the interface. The government will provide resources for the administration and celebration of sacraments and other professional resources deemed necessary by the COMMAND CHAPLAIN of Pastoral Care Service.

B. Contractor-Furnished Property. The contractor shall furnish any items which are for personal use/ownership.

4. GENERAL INFORMATION

The following information and data sources shall be accessible to the contractor in the performance of duty. This will be facilitated by the NMCP Pastoral Care Department staff:

A. Demographic information on the beneficiary population served.

B. Current data on patient preferences from admission assessments and charting.

C. Information regarding non-medical issues such as facilities, parking, support services, staffing, watch bills, and other amenities.

D. Results of inspections/surveys by internal and external agencies.

E. An explanation of the pastoral care department mission and concept of pastoral care.

5. GENERAL PROVISIONS

A. The worker’s first line of supervision is their contractor.

B. Administrative Leave. For unusual and compelling circumstances (e.g., weather emergencies) in which the Commanding Officer either excuses all facility personnel from reporting to work or dismisses all personnel early, the Commanding Officer is authorized to grant administrative leave to the worker. This administrative leave will not be compensated.

C. Furlough. Unless otherwise authorized by a defense appropriations bill, contractors will not be reimbursed by the Government for services rendered during a furlough or shut down. Furloughs may include but not limited to temporary closure of facility due to weather conditions, construction in work areas, grants of leave due to Presidential decree (added day of holiday for Christmas or holiday granted due to death of a former President etc), shut down of Government Facilities due to lack of Annual Funding or any other reason. In the event of a Government furlough, the Commanding Officer will determine which contract employees are considered essential employees who must report to work. All other contract employees will be furloughed until the Government shutdown ends or they are contacted by the Command Chaplain or his/her representative that they have become essential employees.

D. A worker with a bona fide medical emergency occurring while on duty, or with an on-the-job injury, will be provided stabilizing medical care according to the procedures of the MTF. The contractor shall reimburse the Government for all medical services provided unless the worker is otherwise entitled to Government medical services.

E. Contractor employees may receive one compensated work break in the morning and one in the afternoon, work load permitting, at the discretion of the Government. Neither break shall exceed 15 minutes or be taken with the intention of extending the lunch break.

F. FAILURE AND/OR INABILITY TO PERFORM

i. A worker demonstrating impaired judgment will be removed from providing services. The Government reserves the right to remove any employee who, in the judgment of a licensed physician, is impaired by drugs or alcohol.

ii. Workers with alcohol or drug abuse problems may be allowed to return to work under the terms of this contract only with prior approval from the Commanding Officer.

6. GENERAL PROVISIONS FOR WORKERS

A. Workers shall comply with Executive Order 12731, October 17, 1990, (55 Fed. Reg. 42547), Principles of Ethical Conduct for Government Officers and Employees, and shall also comply with Department of Defense (DOD) and other government regulations implementing this Executive Order.

B. Workers shall become acquainted with and obey all station regulations, shall perform in a manner preventing the waste of utilities, and shall not use Government resources (i.e. copiers, telephone, and computers, etc.) for personal business. All motor vehicles operated on these installations by workers shall be registered with the base security service according to applicable directives. Eating by workers is prohibited in patient care areas/clinics and is restricted to designated areas. Smoking is prohibited in all clinic facilities.

C. The contractor and all workers shall comply with all MTF checkout processes. These processes include returning government property, i.e., identification badges, pagers, cellular phones, etc., to the MTF upon a worker’s last day of service. Failure to do so promptly may result in delay of payment to the contractor.

D. Workers shall make no use of the Government facilities or property provided under this contract in connection with other employment.

E. While on duty, workers shall not advise, recommend, or suggest to individuals authorized to receive services at Government expense that such individuals should receive services from the worker when they are not on duty.

F. Workers shall be neat, clean, well groomed, and in appropriate clothing when in patient care and public areas. All clothing shall be free of visible dirt and stains and shall fit correctly. Fingernails shall be clean and free from dirt, and hair shall be neatly trimmed and combed. Workers shall display an identification badge, which includes the worker’s full name (furnished by the Government) on outer clothing. Security badges provided by the Government shall be worn when on duty.

G. The Secretary of the Navy has determined that the illegal possession or use of drugs and paraphernalia in a military setting contributes directly to military drug abuse and undermines Command efforts to eliminate drug abuse among military personnel. The policy of the Department of the Navy (including the Marine Corps) is to deter and detect drug offenses on military installations. Measures to be taken to identify drug offenses on military installations, and to prevent introduction of illegal drugs and paraphernalia, include routine random inspection of vehicles while entering or leaving, with drug detection dogs when available, and random inspection of personal possessions on entry or exit. If there is probable cause to believe that a worker has been engaged in use, possession, or trafficking of drugs, the worker may be detained for a limited period of time until he/she can be removed from the installation or turned over to local law enforcement personnel having jurisdiction. When illegal drugs are discovered in the course of an inspection or search of a vehicle operated by a worker, the worker and vehicle may be detained for a reasonable period of time necessary to surrender the individual and vehicle to appropriate civil law enforcement personnel. Action may be taken to suspend, revoke, or deny clinical privileges as well as installation driving privileges. Implicit with the acceptance of this contract is the agreement by the worker to comply with all Federal and State laws as well as regulations issued by the Commander of the military installation concerning illegal drugs and paraphernalia.

H. All financial, statistical, personnel, and technical data which are furnished, produced, or otherwise available to the contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of work under this contract. Such data shall not be released by the contractor without prior written consent of the COR. Any presentation of any statistical or analytical materials, or any reports based on information obtained from studies covered by this contract, will be subject to review and approval by the COR before publication or dissemination.

I. The contractor shall comply with all applicable state and local laws and MTF instructions and policies.

J. Contractor staff shall participate in executing the Emergency Preparedness Plan (drills and actual emergencies) as scheduled by the MTF (typically semiannually). A MTF personnel re-call list with personal contact information for all military, civil service and contractor staff is required to prepare in advance for an actual emergency. Upon commencement of performance, the contractor shall provide the COR with a list of personal contact information for a designated contractor representative as well as all contractor staff performing services. The contractor shall provide an updated list to the COR monthly. Should an emergency occur that will affect the workers’ shifts, the designated contractor representative and the workers will be contacted.

K. Workers providing services under this contract shall arrive for each scheduled shift in a well-rested condition and shall have had at least 6 hours of rest from all other duties immediately prior to reporting for the shift.

L. Workers shall complete all command required training, including but not limited to Diversity, HIPAA, Healthstream, and Navy Knowledge Online courses.

7. PERSONNEL QUALIFICATIONS

A. The contractor shall provide personnel having certain minimum levels of training and experience. General qualifications that apply to all workers are given in Section 2.H.

8. GENERAL QUALIFICATIONS FOR ALL WORKERS

A. Workers shall read, write, speak, and understand the English language fluently and maintain good communication skills with patients and other personnel.

B. Computer Skills Competency. The Contractor shall submit proof of computer skills competency prior to each worker providing services under this contract. The Contractor shall utilize the computer skills competency form (See Section J, Attachment 1, Computer Competency Form)

C. Workers shall be physically capable of standing and/or sitting for extended periods of time and capable of normal ambulation.

D. Workers shall be U.S. citizens. All workers will be required to access Navy information technology networks/systems containing sensitive information. Only workers who are U.S. citizens can be granted access to Department of Navy (DON) Information Technology networks/systems and sensitive information (see Section H, Contractor Access To Federally Controlled Facilities And/Or Unclassified Sensitive Information Or Unclassified It Systems)

E. Workers may be required to maintain current certification in American Heart Association Basic Life Support (BLS), depending on clinical area of performance. Training shall be the responsibility of the contractor and is at no cost to the Government.

9. OCCUPATIONAL HEALTH

A. Within 60 days prior to performance of services by the worker, the worker shall obtain, at contractor expense, documentation of required immunizations and physical testing, and a statement from the worker's licensed medical practitioner or a report of a physical examination. The physical examination and immunization documentation shall indicate that the worker is free from mental or physical impairments that would restrict the worker from providing the services described herein. The facility shall identify any incumbent workers who are not required to complete this documentation after contract award. Declinations shall only be permitted based on either the worker’s religious convictions or medical contraindications (as documented by a qualified health care provider). (See Section J, Attachment 2, Contract Employee Expectations Non-Healthcare Worker Form).

B. Except as provided in paragraph 9.C, below, no medical tests or procedures required by the contract may be performed in the MTF. Expenses for all required tests and/or procedures shall be borne by the contractor at no additional expense to the Government.

C. Workers shall agree to undergo personal health examinations and such other medical and dental examinations at any time during the term of this contract, as the Commanding Officer may deem necessary for preventive medicine, medical surveillance, performance improvement, or privileging purposes. These examinations will be provided by the Government. If the contractor chooses, these examinations may be provided by private physician or dentist, at no expense to the Government.

D. It is essential that workers be vaccinated annually against influenza according to Bureau of Medicine and Surgery (BUMED) and Centers for Disease Control (CDC) guidelines aimed at reducing the impact of influenza disease in health care settings. The Government will provide the influenza vaccine free of charge. If the worker chooses to be immunized by the Government, the worker shall sign a waiver releasing the Government from legal liability in accordance with local procedures and policies. Alternately, the worker may obtain the vaccine at another facility, with the worker bearing the total cost, and provide proof of vaccination to the Government. If the worker declines vaccination, a signed declination form shall be provided to the Government in accordance with CDC recommendations and MTF policies.

E. All employees must complete a latex allergy form, which also must be endorsed by their healthcare provider. Employees with a latex allergy must provide a detailed note from their provider stating if they are safe to work in a latex environment. (See Section J, Attachment 3, Latex Screening Form).

F. On an annual basis, workers must provide a current Purified Protein Derivative (PPD) reading or an evaluation if they are a known PPD reactor. The Contractor is responsible for any expenses incurred for required testing. (See Section J, Attachment 4, Health Examination and Immunization Screening Requirement Form).

G. BLOODBORNE PATHOGEN ORIENTATION PROGRAM. Workers shall participate in the Command’s Bloodborne Pathogen Orientation Program. The worker shall also participate in all required annual training and in periodic training for all procedures that have the potential for occupational exposure to bloodborne pathogens.

H. MANAGING THE CLINICAL RISK IN THE WORK ENVIRONMENT. The work environment inherently involves risks typically associated with the performance of clinical procedures. The worker may be exposed to contagious disease, infections and flying debris, requiring the wearing of personal protection equipment such as scrub attire, gloves, masks, and eye protection.

10. ORIENTATION

A. Command Orientation, provided by NMCP consists of one 8-hour day and addresses JCAHO, Infection Control, Blood Bank, Command Evaluation, Hazardous Materials, TRICARE, Health Stream, DMHRSi , Legal, Library Services, Mentorship, Red Cross, Safety Office, Police Department, Healthstream, HIPAA (Health Insurance Portability and Accountability Act), etc.

B. Information Systems Orientation is provided by NMCP and is 16 hours. This orientation includes the Composite Health Care System (CHCS), Armed Forces Health Longitudinal Technology Application (AHLTA). In addition, Workers identified as CHCS and/or AHLTA Super-users shall undergo an additional 8 hours of information systems orientation. Any additional or specific requirements for information systems orientation will be provided in the applicable task order.

C. Unit/Clinic Orientation is provided by NMCP and/or branch clinic. The length varies with the specific clinical area where the worker is assigned. It includes but not limited to, the specific procedures/policies in the unit/clinic where the worker is assigned.

D. On a case-by-case basis, the Government may waive orientations if the worker(s) is (are) currently or has (have) previously worked at NMCP.

E. Workers shall attend orientations as follows:

i. Workers shall attend and complete Orientations within 30 days following employee start date.

11. TURNOVER OF WORKERS

A. The Contractor shall recognize the potentially negative impact on continuity of care created by staff turnover and the expense incurred by the Government for orientation and privileging of new workers. Therefore, the Contractor shall make every effort to minimize turnover and, notwithstanding contractor employee probation policies, shall recruit only individuals who indicate interest in a long-term commitment.

B. To maintain a satisfactory rating of performance the vendor is expected to maintain a “fill-rate” of 95% or greater. A rating of 80-95% will be rated as marginal while a fill-rate of 79% or below will be considered as unsatisfactory.

C. The Contractor will be required to set an adequate staffing plan to provide coverage. The Contractor must be able to perform services with qualified individuals meeting the Personnel Qualifications described in paragraph 2H. The Government reserves the right to verify this experience at any time during contract period. Contractor’s price to be inclusive of all costs, including labor, benefits and any required training to maintain employees’ qualifications. Contractors are to include in their proposed contract price the cost of all health and welfare items to include vacation and holiday pay. In an effort to obtain the best qualified individual for the position, the Government reserves the right to review and approve qualifications of Contractor personnel. Selected Contractor must be able to fill the required position with a qualified employee on the 1st day of performance or 30 days after receipt of award whichever is later. In the event this requirement is not met, the Government shall retain the right to cancel any resulting award for non-performance.

12. NON-PERSONAL SERVICE STATEMENT

A. Contractor employees performing services under this order will be controlled, directed and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the Performance Work Statement. Contractor employees will perform their duties independent of, and without the supervision of any Government official. The tasks, duties and responsibilities set forth in the task order may not be interpreted or implanted in any manner that results in any contractor employee creating or modifying federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

03-APR-2016

PASTORAL CARE

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708-2297

757-953-5550 FOB: Destination N00183

03-APR-2016

N00183

03-APR-2016

N00183

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).

2 IN 1 SERVICES ONLY

(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.

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 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.

N00183-0011 Special Contract Requirements

1. PRIOR WRITTEN PERMISSION REQUIRED FOR SUBCONTRACTS

None of the services required by this contract shall be subcontracted to or performed by persons other than the contractor or the contractor's employees without the prior written consent of the Contracting Officer.

2. RESTRICTION ON THE USE OF GOVERNMENT-AFFILIATED PERSONNEL

Except in very limited cases, the federal criminal statutes at 18 USC 203 and 18 USC 205 bar Government personnel, both active duty and civil service, from working as a contractor employee in a Government workplace, including a medical treatment facility, either as a second job ("moonlighting") or while on terminal leave. The contractor agrees that, before making an employment offer to an active duty member or a civil servant, it shall inform the individual of the potential applicability of these statutes and further agrees to encourage that individual to seek an advisory opinion from his/her local ethics counsel before accepting an employment offer. In addition, without the prior written approval of the contracting officer, the contractor shall not use in the performance of this contract any persons currently performing medical or dental services under other Navy contracts.

3. LIABILITY INSURANCE

3.1. Before commencing work under a contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The following insurance as referenced in FAR 28.307, is the minimum insurance required:

3.1.1. General liability - Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

3.1.2. Automobile liability - Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

3.1.3. Workers' compensation and employer's liability - Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

4 WORKER BACKGROUND INVESTIGATION REQUIREMENTS

4.1. CRIME CONTROL ACT OF 1990 REQUIREMENT

4.1.1. Section 21 of the Crime Control Act of 1990, 42 U.S.C. 13041, as amended by section 1094 of Public Law 1-02-190, requires every facility operated by the Federal Government (or operated under contract with the Federal Government) that hires (or contracts to hire) individuals involved in the provision of child care services to assure that all existing and newly-hired employees undergo a criminal background check. The term "child care services" is defined to include health and mental health care.

4.1.2. CONTRACTOR REQUIREMENTS.

4.1.2.1. It is the contractor’s responsibility to ensure its employees undergo proper criminal history background checks by providing the Government support, cooperation, and active assistance throughout the process.

4.1.2.2. In accordance with 42 U.S.C. 13041(d) the contractor shall ensure that employment applications for potential healthcare workers contain a question asking whether the individual has ever been arrested for or charged with a crime involving a child, and if so, requiring a description of the disposition of the arrest or charge.