RFQ_N00183-16-T-0077.docx

N00183-16-T-0077

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

Section A - Solicitation/Contract Form

Fill in Blanks:

TIN (tax ID): ________________

CAGE: ________________

DUNS: __________________

Vendor Point of Contact: ______________________Phone: ____________________

Vendor email: ______________________

Naval Medical Center Portsmouth POC: Communications Dept.

Vendors quoted price shall be inclusive of all cost including labor and equipment cost (i.e. telephone charges)

Payment in Arrears

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

Vendor to reference N00183-16-T-0077 on all inquires.

Government reserves the right to:

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

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

Evaluation Factors

1. Past Performance

1. Price

1. Ability to begin work / provide full support on the 1st day of performance

1. Ability to performed required services

1. Physical location of vendor’s facility to include supporting personnel within one of the 50 states of the United States of America.

1. Experience in the support of medical care facilities

PROMPT PAYMENT

For Prompt Payment Act Purposes, this contract is:

Subject to the 7-calender day constructive acceptance period.

Section B - Supplies or Services and Prices

Service to Procure,Install and Remove, FFP

230 Patient Bed-Side Televisions to Include Data Drops and Cat 6 Cable.

FOB: Destination

MILSTRIP: N0018316RQTE060

PURCHASE REQUEST NUMBER: N0018316RQTE060

NET AMT

Section C - Descriptions and Specifications

SUP 5252.204-9400 Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (July 2013)

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 - "DoD Implementation of Homeland Security Presidential Directive - 12 (HSPD-12)" dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.

Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Navy Command's Security Manager upon arrival to the Navy Command and shall out-process prior to their departure at the completion of the individual's performance under the contract.

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity's Command Information Assurance Manager. Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee's duties, such employees shall in-process with the Navy Command's Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-Ni therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the "supervisor".

The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

The Navy Command' s Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.

CONTRACTOR'S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor's Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity's Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor's Security Representative. The Contractor's Security Representative shall be the primary point of contact on any security matter. The Contractor's Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Navy recognizes contractor employees under this contract as Non-Critical Sensitive [ADP/IT-II] when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The NACLC consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

* SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)

* Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

* Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Navy Command's Security Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command's Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Navy Command Security Manager. The Navy Command's Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/security issues identified by the Navy may render the contractor employee ineligible for the assignment. An unfavorable determination made by the Navy is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Navy Command's Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor's Security Representative. Although the contractor will take JPAS "Owning" role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee's performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

* Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

* Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the Contractor's Security Representative must submit for all employees each of the following:

* SF-85 Questionnaire for Non-Sensitive Positions

* Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

* Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM.

Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date.

* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

REQUEST THE FOLLOWING INFORMATION FOR REQUEST FOR QUOTES (RFQ):

This solicitation is restricted (set-aside) to small businesses. Requirement to be awarded on a brand name or equal basis. Quotes should reflect pricing on all items for consideration. Technical evaluation of vendor’s quote will consist of PSOW (your intent to conform to what is asked of you in the PSOW) & price.

Site Visit (Walk-Through) of areas of installations will be conducted on THURSDAY, 21 April 2016 at 0900 (9:00 a.m. est). **YOU MUST ATTEND THE SITE VISIT TO QUOTE ON THIS RFQ!**

To schedule site visit (walk-through), please contact Curtis Price, Contracting Division, Materiel Management Department, Naval Medical Center-Portsmouth, VA at curtis.c.price2.civ@mail.mil. The following information is needed to attain Base Access for a One Day vendor pass from security: Social Security Number, Full Name (First, Middle, & Last – NO INITIALS!), Date Of Birth, & Company’s Name (Address, Phone Number, & Email). This information is needed no later than 1100 (11:00 a.m. edt) on THURSDAY, 14 April 2016.

Only contractors who respond timely with the above information will be granted base access & be allowed to participate in the Site Visit (Walk-Through). Also, if you are a contractor that has base access (Rapid Gate NCAC, Active, Dependent, or Retired Military), still contact Curtis Price if you plan to attend.

Please provide government & destination pricing. Also, state warranty information for each CLIN Number (Line Item). If freight charges apply, indicate if charges will be “per shipment” or “single one-time charge”.

Contractor shall supply a current published price list or if material is listed on a GSA/VA Federal Supply Schedule contract, please submit contract number, expiration date, SIN, & MOL for supplies &/or services being procured along with the Published Price List.

Solicitation will close on TUESDAY, 26 APRIL 2016. For further information, please contact Curtis Price, Contracting Division, Materiel Management Department, Naval Medical Center, Building 250, 54 Lewis Minor Street, Portsmouth, VA 23708-2297, phone (757) 953-7570, fax (757) 953-5739. Bids should be received by fax, mail, or e-mail by the close of business (1700 Hours – 5:00 p.m. edt) on or before the closing date. E-mail address is curtis.c.price2.civ@mail.mil.

PERFORMANCE STATEMENT OF WORK (PSOW) FOR NAVAL MEDICAL CENTER PORTSMOUTH

1.1 SCOPE

The Contractor is responsible to submit a package for removal and installation of multi-media equipment at the NAVAL MEDICAL CENTER PORTSMOUTH, Portsmouth, Virginia. This package must include a design plan and equipment listing. This design shall include any changes/ recommendations required to interface with existing government provided equipment. All components installed must be fully operational prior to government testing/acceptance. Listings of requirements for NAVAL MEDICAL CENTER PORTSMOUTH, Portsmouth, Virginia.

1.2 ASSUMPTIONS

The following assumptions are understood between NMCP Communications Office and the contractor in the preparation of the estimate contained in this PSOW:

· The contractor is responsible to provide the Government with the necessary environmental requirements for equipment supplied as part of this PSOW.

· Contractor is to provide all equipment, material handling equipment (i.e., pallet jacks); labor, communications and anything else required fulfilling all the requirement of this contract in a turn key manner to include filling holes in walls, using fire stop if penetrating firewalls, and painting exterior walls. Paint samples and/or order information will be given to the contractor upon award.

· The contractor shall use any existing equipment electrical outlets in place.

· The contractor needs to be familiar with all clinics, wards and communication closets locations throughout the Naval Hospital. (Note: No hospital staff member will be provide for directions)

· The contractor shall have a service location on site within a 20 mile radius of NMCP to be able to respond on-site within 2 hours of an initial service call if needed.

1.2 RESPONSIBILITIES

To successfully complete this project, close teamwork between the Government (Communications Office) and the contractor’s team is essential. Government agrees to a timely assignment of personnel to positions designated as governmental in this PSOW and to acceptance of activities and responsibilities associated with them.

a. Contractor’s Project Manager

The contractor will designate an onsite Project Manager and alternate in writing and include work history with the bidding documents.

The contractor’s project manager is responsible for:

· Directing all project activities

· Having new equipment inspected by Communication prior to installation

· Signing in/out with the Communication office daily until completion of project/s (NMCP): Note: Contractors will call Communication Office for all clinics projects for daily check in at (757)953-5999 until completion of projects.

· Preparation of a project schedule

· Scheduling and project controls

· Preparing status reports

· Other activities as specified in this PSOW

· Providing design drawings of new installations

b. Government Project Manager

The Government will designate a project manager for this task. The Project Manager will have full authority to act on behalf of the Communications Office, with respect to:

· Management of and schedule for the project.

· Accepting project deliverables.

· Arranging interviews, facility and base access and escorts, if required.

· Working with the Communications to insure there is an efficient exchange of information and that important and timely decisions are made.

· Provide signature of approval and acceptance.

· Other activities as specified in this PSOW.

· The Project Manager cannot authorize any additional obligations of funds.

1.3 PROJECT CONTROLS

The project schedule will identify and describe the tasks and activities required to produce the deliverables specified herein. The contractor will provide an initial implementation plan for the project. The contractor will provide necessary detail to the schedule to further identify task requirements in support of the PSOW. The project schedule shall be reviewed and updated on a weekly basis. Any changes shall be documented in a status report.

1.4 TASKS AND DELIVERABLES

This contract is to remove current patient televisions and install new patient interactive televisions and wire all Swing arms with Cat6 cable/coupler.

1. Removal/Installation/Programming of New Patient Interactive Televisions; Naval Medical Center Portsmouth and Turn Key install.

· Removal of PDI model P10LCD/PDI-P15X

· Installation and programming of New Bedmate 15” Interactive Android Televisions

· Installation of Cat6 cable in PDI Swing Arm model 508C-7

· Contractor will provide all Swing arms with Cat6 coupler adapters/coaxial couplers

· All Cat6 cables will be 100% tested to TIA/EIA standards before starting installation

· Cable shall be blue, plenum-rated, twisted 4-pair, UTP, 100 Ohm, 24 AWG, 500 MHZ (minimum) CAT6

· Contractor shall provide all labor and materials to install, test, and terminate required amount of cable for each swing arm.

· Contractor shall provide NMCP Communication office with complete test documentation and cable run for each swing arm.

· Contractor will provide CAT6 cable from patient headboard to communication closet

· Contractor will create an inventory list of all removed patient televisions and turn created list into the Communication office (serial number of each TV)

· Contractor will remove of all television boxes and any other disposal material off the Naval base upon completion of project

· Contractor will provide afterhours support when needed

· Miscellaneous hardware and connectors required to ensure installation is turn key

· Minimum of 5 year warranty on all cable and parts being installed

Support Equipment

The contractor shall plan for and provide all required support for the proper operation of all camera security system equipment. This will include all cabling, connections, computer support and termination of cables/fiber into the required communications closets. Additionally, any electrical installations will be the responsibility of the contractor.

Connectivity

The contractor shall ensure compatibility between new equipment and existing equipment in use throughout the command. The contractor shall include all required fittings, cables, connectors, and power requirements in the project and shall reflect these requirements in their bid.

Price Quotes

The contractor shall quote the price as a turn- key installation.

Manufacturer Requirements

When noted, the contractor shall provide manufacturer specific equipment to meet NMCP standards and facilitate maintenance and troubleshooting of multiple systems.

1.5 DELIVERABLE

This paragraph describes the content of and sets the schedule for delivery of various documents throughout the project. Listed documents shall be delivered to the designated Government Project Manager for approval during the performance of this project.

· Project Schedule/Implementation Plan

· Status report

· Design drawings

The contractor shall provide a project schedule/implementation plan immediately after award. The contractor shall provide the necessary labor and manpower to successfully follow the intended plan.

1.6 ACCEPTANCE

· Satisfactory completion of all items in the Implementation Plan and acceptance by the Government Project Manager will designate satisfactory completion of the project.

· The contractor will demonstrate to the government project manager that all components and features are fully functional and operational before the system is accepted.

· The government will accept Naval Medical Center Portsmouth completion, no phasing.

· All design drawings and source code shall become property of NMCP upon completion of the project.

· There shall be no provision for additional charges.

1.7 DEPENDENCIES

a. Equipment – All on-site work for this project will be performed in the above mentioned areas. The Government Project Manager is responsible for coordinating all network-related procurement and scheduling of the building for this project. The contractor will ensure timely delivery of all equipment ordered through this contract.

b. Facilities – The Communications Office is responsible for providing the contractor with facilities and system access. Comms will be responsible for handling any and all security-related issues pertained to this project, including providing escorted or unescorted access to the base/building where the team will be working. The contractor is responsible for removing all contractor generated trash and debris from the installation. Trash and debris is defined as boxes, packing, etc., from all new equipment purchased and installed under this PSOW.

c. Project Personnel – Communications will provide a Project Manager as the primary point of contact for the contractor’s personnel. They will work to coordinate issues as necessary to include:

· Communications, issue resolution and general project decision making.

· Designated Comms staff will support deployment and training phases.

d. Character of Work and Workforce – The work must conform in all respects with the requirements of the contract.

· A strictly first class operation will be insisted upon. No incompetence or carelessness, no drugs and/or use of alcohol will be tolerated.

· The contractor’s workforce shall be identifiable by picture identification badges which shall be worn and visible on the upper body at all times while on site and will be required to fill out a Criminal History Record Request supplied by the Communications Office for each employee. These must be submitted five business days prior to employees reporting on site. After five business days the Government will issue a temporary security badge and car sticker for the period of employment on site. The Navy reserves the right to approve employees working on site. Reasons for disapproval are: Any felony conviction within the last 10 years, any larceny misdemeanor in the last 10 years or any other reasons at the Governments sole discretion.

· Care of Government Facilities and Property – The contractor shall be responsible for the care of the premises. The contractor shall not damage Government property or facilities during the performance of this contract. The contractor shall furnish padding and other protective materials as necessary to preclude damage to hallways, doors, door frames, elevators and building fixtures. The Government may reject any moving equipment at its sole discretion.

· Cleaning Up – At the completion of work and before acceptance and final payment, the contractor shall remove all related rubbish and equipment including available cartons, packing materials, tools, etc. All Government property shall remain as it was prior to installation beginning. If damage occurs, the contractor is responsible to restore and/or replace in a suitable manner any property both public and private that has been damaged or removed in the performance of this contract.

· NMCP and Clinic Command Regulations – All Contractor personnel must abide by the rules and regulations while in the above mentioned areas. These rules include no firearms, no smoking or tobacco chewing in any government building, no food or beverages except in authorized areas, minimal noise levels and allowing corridor access to non-move involved patient/personnel/carts.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

RECEIVING OFFICER, BLDG. 250

PORTSMOUTH VA 23708-2297

FOB: Destination N00183

Naval Medical Center Portsmouth (NMCP) Receiving Dock Hours of Operation:

NMCP Receiving Dock is open Monday through Friday 0700 to 1600 (7:00 a.m. to 4:00 p.m.), excluding federal holidays. Receiving personnel may be reached at 757-953-5770.

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

(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* Field Name in WAWF Data to be entered in WAWF

(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.

edward.r.gollon.civ@mail.mil charles.k.lovell2.civ@mail.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

usn.detrick.navmedlogcomftdmd.list.nmlc-wawf@mail.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section H - Special Contract Requirements

Base Access (NMCP)

Commander, Navy Installations Command (CNIC), has established the Navy Commercial Access Control System (NCACS), a standardized process for granting unescorted access privileges to vendors, contractors, suppliers and service providers not otherwise entitled to the issuance of a Common Access Card (CAC) who seek access to and can provide justification to enter Navy installations and facilities. Vendors visiting Naval Medical Center Portsmouth (NMCP) may obtain daily passes directly from Naval Station Norfolk (NSN) Pass and ID office, located at NSN (Bldg CD-9), 9040 Hampton Blvd, Norfolk, Virginia, 23505, by submitting identification credentials for verification and undergoing a criminal screening/ background check. Alternatively, if the vendor so chooses, it may voluntarily elect to obtain long-term credentials through enrollment, registration, background vetting, screening, issuance of credentials, and electronic validation of credentials at its own cost through one of the designated independent contractor NCACS service providers. Credentials will be issued every five years and access privileges will be reviewed / renewed on an annual basis. The costs incurred to obtain Navy installation access of any kind are not reimbursable, and the price(s) paid for obtaining long-term NCACS credentials will not be approved as a direct cost of this contract. Further information regarding NCACS can be found at http://cnic.navy.mil/CNIC_HQ_Site/index.htm.

INFORMATION ONLY: This document has been designated for posting to the Navy Electronic Commerce Online (NECO) at https://www.neco.navy.mil

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.

Service Contracts General (Ref NMCARS 5237.102)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil .

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil."

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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/far/

DFAR Clauses http://www.acq.osd.mil/dpap/dars/dfars/index.htm

(End of clause)

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…