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N00183-15-T-1366
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
VENDOR TO COMPLETE THE FOLLOWING:
TIN:
CAGE:
DUNS:
Vendor Point of Contact:
Vendor Phone:
Vendor Fax:
Vendor E-Mail:
Vendor’s Published or Commercial Price List containing the items specified herein, must accompany this RFQ package when submitted for evaluation.
Naval Medical Center Portsmouth Points of Contact:
Contracting: Melissa Peregrino-White 757-953-4038 E-Mail: melissa.peregrino-white.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. For additional information, a review of the following web sites may be required: https://wawf.eb.mil http://wawftraining Email: wawf@med.navy.mil
PROMPT PAYMENT: For Prompt Payment Act purposes, this contract is:
Subject to the 7-calendar day constructive acceptance period.
Government reserves the right to make award based on the “Best Value” proposed for this requirement. Vendors will be evaluated based on three factors:
1. Technical capability
2. Past Performance
3. Pricing
Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
Outsourcing Dental Services
FFP
for Base Year. See Section C.
FOB: Destination
MILSTRIP: N3251016RQD3005
PURCHASE REQUEST NUMBER: N3251016RQD3005
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
| OPTION |
| Outsourcing Dental Services |
FFP
for Option Year. See Section C.
FOB: Destination
MILSTRIP: N3251016RQD3005
PURCHASE REQUEST NUMBER: N3251016RQD3005
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
Outsourcing Dental Services
FFP
for Base period I. See Section C.
FOB: Destination
MILSTRIP: N3251016RQD3004
PURCHASE REQUEST NUMBER: N3251016RQD3004
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
| OPTION |
| Outsourcing Dental Services |
FFP
for Option period I. See Section C.
FOB: Destination
MILSTRIP: N3251016RQD3004
PURCHASE REQUEST NUMBER: N3251016RQD3004
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
The selected vendor must be able to supply items detailed in Section B with a Base period of performance 01 October 2015 through 31 January 2016 with the option to extend up to 31 March 2016. As a minimum:
a. Prepare dental fixed, removable and implant dental laboratory cases on a case by case basis as required by the Naval Branch Health Clinics.
The contractor will send cases by FEDEX at the government expense or personally deliver at contractor’s expense. The contractor is responsible for completing requested procedures and return the completed case work NLT than 10 business days from the date received by the contractor.
b. The contractor guarantees all work to be completed to the satisfaction of the ordering dentists. The contractor will provide a single point of contact responsible for taking customer complaints, changes and problem resolution.
c. No guaranteed dollar amount per case is expressed or implied. The quantity of services specified in the request for quote is not determined or guaranteed. The quantity for services used will be determined by the government and will not exceed the amount specified in the contract.
d. Payment will be made only for actual quantities completed to the satisfaction of the ordering dentist. Naval Branch Health Clinics are government facilities and are tax exempt.
e. The contractor will not be able to change or higher price but may charge a lower price during the terms of the contract.
f. The individual dental work requirements will be placed by each Clinic using the DD Form 2322. Direct delivery will be made to the facilities listed below. Maximum turn-around time of 10 days from the date the order is received.
g. Warranted against manufacturers defects for a period of no less than 6 months. Warranty to provide no cost parts, labor, travel and shipment of parts.
h. Prices will include cost of framework, ceramic abutment screws, implant fee, cost of design abutment, acrylic matrix fabrication for scanning and ceramic application to the framework.
Single or multiple unit precious alloy abutment with PFM crown Single or multiple unit precious alloy abutment with all ceramic Single unit Zirconium CAD abutment with a porcelain fused to a zirconium core, Emax crown or a Bruxzir crown Fees include tissue model, implant labor, CAD abutment & final crown
Single unit titanium abutment with PFM crown Single unit titanium abutment with all ceramic crown
Implant retained over dentures Overdentures 2 implants (no abutments) 1 arch complete with premium teeth Overdentures 4 implants (no abutments) 1 arch complete with premium teeth Overdenture CAD titanium bar up to 4 implants with 2 attach complete with teeth
Implant retained hybrids 1-arch hybrids CAD titanium bar 4 implants screw retained complete with teeth 1-genius full arch zirconium screw retained (6 implants)
Screw retained Porcelain Fused to Metal Single arch PFM 4 implants screw retained 10-12 teeth complete Single arch PFM 4 implants cement table 10-12 teeth complete
Screw retained Porcelain Fused to Zirconium Single arch PFM 4 implants screw retained 10-12 teeth complete Single arch PFM 4 implants cement table 10-12 teeth complete
Crown & Bridge PFM 1 unit PFM high noble 1 unit full cast gold 1 FPD high nobel (includes connections)
Crown & Bridge Ceramic 1 brilliant Emax monolithic 1 brilliant Emax (cut back) 1 full zirconium crown or bridge 1 zirconium core with layered Emax 1 Zirconium FPD with layered Emax 1 unit empress veneer
(splinted monolithic, includes connectors) per splinted unit genius zirconium (splinted layered includes connectors) Emax Inlay/Onlay
Genius acrylic temporary (milled) diagnostic wax-up Standard heat processed temporary
Additional items:
Provisionals: single and full arch crowns and milled dentures Custom shading Pink porcelain application Denar mounting Porcelain butt margin
| ITEM ID |
| ITEM DESCRIPTION |
| QTY |
| COST |
(Base Period –
01 OCT 15 – 31 DEC 16)
COST
(Option Period
01 JAN 16 – 31 MAR 16)
| 246PORC |
| PORCELAIN STRIP AND APPLY GLAZE |
| 3 |
| 3IGTH |
| GOLD TITE HEXED RETAINING SCREW |
| 12 |
| 3IPFM |
| TITANIUM FRAMEWORK FOR DENTAL PROSTHEIC |
| 3 |
| ABUGOLD |
| ABUTMENT W/ GOLD SHADING ONLY |
| 6 |
| ADDPROC |
| ADDITION PORCELAIN |
| 3 |
| BRUZIRC |
| BRUXZIR ZIRCONIA CROWN |
| 12 |
| CDS4.5 |
| CAST DESIGN 4.5 IMPLANT |
| 12 |
| CS8 |
| CUSTOM SHADING |
| 3 |
| ECBV |
| EMAX PRESS CROWN BRIDGE VENEER |
| 51 |
| ECZ |
| EMAX ZIRCONIA CROWN |
| 25 |
| EEPV |
| EMPRESS ESTHETIC PORCELAIN VENEER |
| 5 |
| FPD |
| PFM/FPD DENTAL BRIDGE |
| 25 |
| IDF |
| IMPLANT DESIGN AND FINISH |
| 12 |
| IUNIHG-GVG |
| SCREW, ABUTMENT 4MM |
| 25 |
| MBW |
| MARYLAND BRIDGE WING |
| 3 |
| MOLC |
| METAL OCCLUSAL LINGUAL CROWN |
| 13 |
| MWIB |
| EMAX INLAY/ONLAY |
| 5 |
| NBCZIA |
| ZIRCONIA IMPLANT ABUTMENT |
| 5 |
| NCB60 |
| NEYORO CB 60 DENTAL ALLOY |
| 12 |
| NCBA20 |
| NOBLE CROWN AND BRIDGE ALLOY 20 |
| 12 |
| OHNC |
| OLYMPIA HIGH NOBLE CROWN |
| 12 |
| PBM |
| PORCELAIN MARGIN |
| 12 |
| PIB3TITAN |
| PIB HIGH NOBLE SINGLE EMAX CROWN |
| 5 |
| PIBZEMAXC |
| PIB ZIRCONIUM FRAMEWORK WITH EMAX CERAM |
| 5 |
| PPCROWN |
| PINK PORCELAIN DENTAL CROWN |
| 11 |
| SVC4 |
| SURVEYED CROWN |
| 5 |
| UCLA4.1 |
| SCREW RETAIN IMPLANT CROWN |
| 10 |
| WHNBO |
| WHITE HIGH NOBLE ALLOY OLMPIA FRAMEWORK |
| 5 |
| ZIRFRAME |
| ZIRCONIA FRAMEWORK |
| 4 |
| SMRA16 |
| SCREW RETAINED MILLED ACRYLIC DENTURE |
| 3 |
REQUEST THE FOLLOWING INFORMATION FOR REQUEST FOR QUOTES (RFQ):
Requirement to be awarded on a Brand Name or Equal basis. Technical evaluation of vendor’s quote will consist of technical capability to provide and perform product specifications and price.
Items on this RFQ are manufactured as listed in Section B for the Area Dental Laboratory at Branch Health Clinic, Norfolk, Virginia. Quotes should reflect pricing on all items for consideration.
Please provide government and destination pricing. If freight charges apply, indicate if charges will be “per shipment” or “single one-time charge”. Item must be warranted against manufacturer’s defects for a period of no less than 12 months and warranty to provide no cost parts, labor, travel and shipment of parts. All requested items are to be delivered as soon as possible after receipt of award.
Contractor shall supply a current published price list or GSA/VA Federal Supply Schedule contract for supplies and/or services being procured. No open market quotes will be accepted at this time.
Refrigerated, frozen, or hazardous material must be indicated as such and a copy of the Material Safety Data Sheet (MSDS) must be supplied for any hazardous material. Specify any special handling instructions.
Bids should be received by fax, mail, or e-mail on or before the closing date. For further information, please contact:
Melissa Peregrino-White Contracting Division Materiel Management Department Naval Medical Center Building 250 54 Lewis Minor Street Portsmouth, VA 23708-2297 Phone: (757) 953-4038 Fax: (757) 953-5006 E-mail: melissa.peregrino-white.civ@mail.mil
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
| 0004 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 0001 |
| POP 01-OCT-2015 TO |
31-DEC-2015
| N/A |
| NAVAL MEDICAL CENTER |
NAVAL DENTAL CLINIC
SEWELLS PT DENTAL CLINIC
AREA DENTAL LABORATORY
TAUSSIG BLVD
NORFOLK VA
757-314-6688 FOB: Destination N00183
| 0002 |
| POP 01-JAN-2016 TO |
31-MAR-2016
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N00183
| 0003 |
| POP 01-OCT-2015 TO |
31-DEC-2015
| N/A |
| NAVAL MEDICAL CENTER |
DENTAL HEALTH PROMOTIONS
SEWELLS PT DENTAL CLINIC
AREA DENTAL LABORATORY
TAUSSIG BLVD
NORFOLK VA
757-314-6622
N00183
| 0004 |
| POP 01-JAN-2016 TO |
31-MAR-2016
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N00183
| 52.211-16 |
| Variation In Quantity |
| APR 1984 |
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)
The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.
Section G - Contract Administration Data
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
| Pay Official DoDAAC | ____ | ||
| Issue By DoDAAC | ____ | ||
| Admin DoDAAC | ____ | ||
| Inspect By DoDAAC | ____ | ||
| Ship To Code | ____ | ||
| Ship From Code | ____ | ||
| Mark For Code | ____ | ||
| Service Approver (DoDAAC) | ____ | ||
| Service Acceptor (DoDAAC) | ____ | ||
| Accept at Other DoDAAC | ____ | ||
| LPO DoDAAC | ____ | ||
| DCAA Auditor DoDAAC | ____ | ||
| Other DoDAAC(s) | ____ |
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section H - Special Contract Requirements
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.
INFORMATION ONLY: This document has been designated for posting to the Navy Electronic Commerce Online (NECO) at http://www.neco.navy.mil
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| MAY 2014 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| MAY 2014 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| MAY 2014 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| JUL 2013 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| DEC 2014 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.213-4 |
| Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items) |
| SEP 2015 |
| 52.215-2 |
| Audit and Records--Negotiation |
| OCT 2010 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2014 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| JAN 2014 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.223-3 |
| Hazardous Material Identification And Material Safety Data |
| JAN 1997 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-11 |
| Ozone-Depleting Substances |
| MAY 2001 |
| 52.223-16 Alt I |
| Acquisition of EPEAT - Registered Personal Computer Products - Alternate I |
| JUN 2014 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-8 |
| Discounts For Prompt Payment |
| FEB 2002 |
| 52.232-23 Alt I |
| Assignment of Claims (May 2014) - Alternate I |
| APR 1984 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| APR 2015 |
| 52.246-1 |
| Contractor Inspection Requirements |
| APR 1984 |
| 52.246-23 |
| Limitation Of Liability |
| FEB 1997 |
| 52.249-1 |
| Termination For Convenience Of The Government (Fixed Price) (Short Form) |
| APR 1984 |
| 52.252-6 |
| Authorized Deviations In Clauses |
| APR 1984 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7001 |
| Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies |
| DEC 2008 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| AUG 2015 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| DEC 2014 |
| 252.211-7003 |
| Item Unique Identification and Valuation |
| DEC 2013 |
| 252.211-7008 |
| Use of Government-Assigned Serial Numbers |
| SEP 2010 |
| 252.223-7001 |
| Hazard Warning Labels |
| DEC 1991 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic (Nov 2014) |
| NOV 2014 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2012 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| FEB 2013 |
| 252.225-7013 |
| Duty-Free Entry--Basic (Nov 2014) |
| NOV 2014 |
| 252.225-7036 |
| Buy American--Free Trade Agreement--Balance of Payments Program--Basic (Nov 2014) |
| NOV 2014 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.229-7999 (Dev) |
| Foreign Contracts in Afghanistan (Deviation) |
| JUL 2013 |
| 252.232-7001 |
| Disposition Of Payment |
| DEC 1991 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.233-7001 |
| Choice of Law (Overseas) |
| JUN 1997 |
| 252.239-7001 |
| Information Assurance Contractor Training and Certification |
| JAN 2008 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within (insert the period of time within which the Contracting Officer may exercise the option).
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 31 March 2016.
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR Clauses http://acquisition.gov/comp/far/index.htm
DFAR Clauses http://www.acq.osd.mil/dpap/dars/dfars/index.htm
252.203-7998 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2015-O0010) (FEB 2015)
(a) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
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