N0018318Q0136.docx

N0018318Q0136

Section A - Solicitation/Contract Form

CONTRACT INFORMATION

VENDOR TO COMPLETE THE FOLLOWING:

POINTS FO CONTACT

Naval Medical Center Portsmouth Points of Contact:

Name: Shannon Caldow Phone: 757-953-5056 E-Mail: shannon.m.caldlow.civ@mail.mil

REQUEST FOR QUOTE INFORMATION & EVALUATUION FACTORS

Vendor to reference Request for Quotation (RFQ) Number N0018318Q0136 on all correspondence relating to this RFQ

1. The government will make an award based on an “All or None” evaluation and/or based on the Best Value proposed for this requirement.

2. Vendors must provide all of the requested documents to be considered a “responsive vendor”.

3. The solicitation and contract award is in accordance with FAR 52.211-6 Brand Name or Equal.

4. All evaluation factors and requested documents are listed in Section M of this RFQ.

PAYMENT INFORMATION

Payment in Arrears (Check One): Monthly Quarterly Semi-Annually Annually *Please ensure that quoted price matches the choice above

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: Websites: https://wawf.eb.mil http://wawftraining Email: usn.detrick.navmedlogcomftdmd.list.nmlc-wawf@mail.mil

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

Subject to the 7-calendar day constructive acceptance period. This contract is subject to the Availability of funds clause 52.232-18 listed in full text in the Clause section of this contract.

Section B - Supplies or Services and Prices

FY19 Internet services

FFP

Services to include maintenance and support and are to be performed in accordance with the Performance Work Statemnet in Section C.

POP: 01 OCT 2018 to 30 SEPT 2019 MFR PART NR: s

PURCHASE REQUEST NUMBER: N0018319RCTE004

NET AMT

0001AA

Bldg 249 IMD areas

FOB: Destination

MILSTRIP: N0018319RCTE004

PSC CD: J058

NET AMT

0001AB

Bldg 2 Areas

Galley, Central Supply, MOR (DaVinci System), and Kiosks FOB: Destination

MILSTRIP: N0018319RCTE004

NET AMT

0001AC

Bldg 250 MMD

Biomedical Engineering FOB: Destination

MILSTRIP: N0018319RCTE004

NET AMT

0001AD

Bldg 3 Areas

IMD, Department of Jusitce, BioSkills Lab, Simulation Center, Ortho, Social Work, Navy Medicine East, and Kiosks FOB: Destination

MILSTRIP: N0018319RCTE004

NET AMT

0001AE

Parking Garage

FOB: Destination

MILSTRIP: N0018319RCTE004

NET AMT

0001AF

Bldg 274 areas

Clinical Investigations FOB: Destination

MILSTRIP: N0018319RCTE004

NET AMT

FFP

Services to include maintenance and support and are to be performed in accordance with the Performance Work Statemnet in Section C.

POP: 01 OCT 2019 to 30 SEPT 2020

NET AMT

1001AA

FFP

FOB: Destination

NET AMT

1001AB

FFP

Galley, Central Supply, MOR (DaVinci System), and Kiosks

NET AMT

1001AC

FFP

Biomedical Engineering

NET AMT

1001AD

FFP

IMD, Department of Jusitce, BioSkills Lab, Simulation Center, Ortho, Social Work, Navy Medicine East, and Kiosks

NET AMT

1001AE

FFP

NET AMT

1001AF

FFP

Clinical Investigations

NET AMT

FFP

Services to include maintenance and support and are to be performed in accordance with the Performance Work Statemnet in Section C.

POP: 01 OCT 2020 to 30 SEPT 2021

NET AMT

2001AA

FFP

NET AMT

2001AB

FFP

Galley, Central Supply, MOR (DaVinci System), and Kiosks

NET AMT

2001AC

FFP

Biomedical Engineering

NET AMT

2001AD

FFP

IMD, Department of Jusitce, BioSkills Lab, Simulation Center, Ortho, Social Work, Navy Medicine East, and Kiosks

NET AMT

2001AE

FFP

NET AMT

2001AF

FFP

Clinical Investigations

NET AMT

FFP

Services to include maintenance and support and are to be performed in accordance with the Performance Work Statemnet in Section C.

POP: 01 OCT 2018 to 30 SEPT 2019

NET AMT

3001AA

FFP

NET AMT

3001AB

FFP

Galley, Central Supply, MOR (DaVinci System), and Kiosks

NET AMT

3001AC

FFP

Biomedical Engineering

NET AMT

3001AD

FFP

IMD, Department of Jusitce, BioSkills Lab, Simulation Center, Ortho, Social Work, Navy Medicine East, and Kiosks

NET AMT

3001AE

FFP

NET AMT

3001AF

FFP

Clinical Investigations

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE STATEMENT OF WORK (PSOW) FOR Wi-Fi – INTERNET CONNECTIONS AT NMCP

1.1 SCOPE

The Contractor is responsible to submit a package for Commercial Internet Service and Technical Support at Naval Medical Center, Portsmouth for the following locations: All areas combined will require the maximum of 100 Mbs.

1. Bldg. 3, 5th floor, Orthopedics

2. Bldg. 3, 4th floor, Social Work

3. Bldg. 3, 9th floor, Navy Medicine East

4. Bldg. 274, Clinical Investigations

5. Bldg. 250, MMD area (hard wire)

6. Bldg. 275, Parking Garage

7. Bldg. 249, IMD areas

8. Bldg. 2, Galley & Galley Cash Registers (new install)

9. Bldg. 2, Davinci (MOR areas)

10. Bldg. 2, Central Supply (hard wire)

11. Bldg. 3, Dept. of Justice (fingerprint)

12. Bldg. 3, Simulation Center (floor 11)

13. Bldg. 3, Simulation Center/Bio Skills 1st floor

14. Kiosks (Vendormate)

Recurring internet charges are to be inclusive of all cost, free of additional royalties, service fees or other charges. Minimum Internet Services are as follows:

Download Speed 25Mbs (combined locations) Upload Speed – 100Mbs (combined locations) Access Points & Antenna operation and maintenance will be included at no additional charge.

IP Addresses, Anti-Spam Blocker and Anti-Virus Firewall will be provided/furnished by contractor. Help desk support should be an 800 number with 24/7 coverage

Price is to include all costs including, material, labor and travel. All work shall be performed in a professional manner adhering to industry, manufactures and generally accepted standards as they apply. The vendor shall comply with state of Virginia building codes as they apply. The vendor shall be responsible for any and all “outages” caused by installation of cabling. Outage responsibility shall include but not limited to notification of responsible parties, tagging of equipment, scheduling of outages and any other services as required. Vendor shall provide support for Naval Medical Center Portsmouth (NMCP).

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 shall have a service location on site within a 50 mile radius of NMCP to be able to respond on-site within 4 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

· Preparation of a project schedule

· Scheduling and project controls

· Preparing status reports

· Other activities as specified in this PSOW

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

Selected vendor is to provide total support of Wi-Fi connectivity at Naval Medical Center Portsmouth. As a minimum the selected vendor shall:

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

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 Quotations

The contractor shall quote the price for annual services

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

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 the room upon 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 room 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. Communications Office 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 Communications 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. 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:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-SEP-2020

MID/COMMUNICATIONS

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-0105

N00183

30-SEP-2019

N00183

30-SEP-2019

N00183

30-SEP-2019

N00183

30-SEP-2019

N00183

30-SEP-2019

N00183

30-SEP-2020

MID/COMMUNICATIONS

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-0105

N00183

30-SEP-2020

N00183

30-SEP-2020

N00183

30-SEP-2020

N00183

30-SEP-2020

N00183

30-SEP-2020

N00183

30-SEP-2021

MID/COMMUNICATIONS

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-0105

N00183

30-SEP-2021

N00183

30-SEP-2021

N00183

30-SEP-2021

N00183

30-SEP-2021

N00183

30-SEP-2021

N00183

30-SEP-2022

MID/COMMUNICATIONS

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-0105

N00183

30-SEP-2022

N00183

30-SEP-2022

N00183

30-SEP-2022

N00183

30-SEP-2022

N00183

30-SEP-2022

N00183

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

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

(*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

PRIVACY & SECURITY OF PHI

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 Contractor 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, 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.

(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 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) 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, 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, the HIPAA Privacy Rule or the HIPAA Security Rule.

VENDOR MATE REQUIREMENT

Vendormate Credentialing Requirement Naval Medical Center, Portsmouth (NMCP) has instituted a Credentialing Program which is designed to streamline the collection and management of key information regarding the regulatory and compliance status as well as business operations of our suppliers.

The program requires all vendors and their representatives to register in order to gain base access to NMCP. One nominal annual credentialing fee covers your company as well as all representatives of your company that interact with NMCP.

The price ranges from $25 to $250 per year depending on your company’s risk profile and is paid directly to our partner, Vendormate Credentialing. It is imperative that each representative registers individually to maintain their personal credentials and ensure ongoing base access to our facility.

A Federal Tax Identification Number and a credit card are required to complete the initial registration. Additional representatives only need the Federal Tax Identification Number.

Register for Vendormate Credentialing at https://nmcp.vendormate.com.

For technical questions, go to https://ghx.com/customer-care.

Kiosks are located on the first and second floor entrances of Building two (2). Your representatives who visit NMCP may be required to sign in electronically to obtain an identification badge. With a valid appointment and current credentials, your representative will be able to print a single-use badge that is to be worn throughout the visit to any NMCP facility. Badges are required for all vendors on premises.

Please note that GHX Vendormate Credentialing is in addition to RapidGate for Base Access. Vendors are required to register for both programs in order to come onboard the NMCP base.

BASE ACCESS

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.

Section I - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

x (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

x (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

x (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved] x (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole…