N0018318Q0141.docx

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MAINTENANCE & MONITORING TEMP TRAK SYSTEM Federal contract opportunity
Solicitation number
N0018318Q0141
Issued by
Department of the Navy Bureau of Medicine and Surgery

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Request for Quote - Commercial SF1449

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N0018318Q0141

Section A - Solicitation/Contract Form

CONTRACT INFORMATION

VENDOR TO COMPLETE THE FOLLOWING:

TIN:CAGE:DUNS:
Vendor Point of Contact:Email:
Vendor Phone:Fax:

POINTS FO CONTACT

Naval Medical Center Portsmouth Points of Contact:

Name:

Phone: 757-953- Fax: 757-953- E-Mail: first.last.civ@mail.mil

REQUEST FOR QUOTE INFORMATION & EVALUATUION FACTORS

Vendor to reference Request for Quotation (RFQ) Number N0018318Q0141 on all correspondence relating to this RFQ

The government will make an award based on an “All or None” evaluation and/or based on the “Best Value” proposed for this requirement in terms of technical capabilities/approach, past performance, and price. Vendors must provide all of the below to be considered a “responsive vendor”. The solicitation and contract award is in accordance with FAR 52.211-6 Brand Name or Equal. All evaluation factors 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

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

FY19 - Maintenance & Monitoring

FFP

Service - Temp Trak Wireless Remote Refrigeration and Freezer Monitoring System

MILSTRIP: N0018319RCFS118

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AA

1
Lot

Galley/Nutrition Department

FOB: Destination

PURCHASE REQUEST NUMBER: N0018319RCFS118

PSC CD: J065

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AB

1
Lot

mmunization Department

FOB: Destination

MILSTRIP: N0018319RCCH001

PURCHASE REQUEST NUMBER: N0018319RCCH001

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AC

1
Lot

Pharmacy Department

FOB: Destination

MILSTRIP: N0018319RCPH004

PURCHASE REQUEST NUMBER: N0018319RCPH004

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AD

1
Lot

Simulation Center / Bio Skills Lab

FOB: Destination

MILSTRIP: N0018319RCBT018

PURCHASE REQUEST NUMBER: N0018319RCBT018

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AE

1
Lot

Tricare Prime Suffolk

Immunization Department FOB: Destination

MILSTRIP: N0018319RCCH003

PURCHASE REQUEST NUMBER: N0018319RCCH003

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
FY20 - Maintenance & Monitoring

FFP

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

1001AA

1
Lot
OPTION
Galley/Nutrition Department

FFP

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

1001AB

1
Lot
OPTION
mmunization Department

FFP

FOB: Destination

MILSTRIP: N0018319RCCH001

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

1001AC

1
Lot
OPTION
Pharmacy Department

FFP

FOB: Destination

MILSTRIP: N0018319RCPH004

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

1001AD

1
Lot
OPTION
Simulation Center / Bio Skills Lab

FFP

FOB: Destination

MILSTRIP: N0018319RCBT018

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

1001AE

1
Lot
OPTION
Tricare Prime Suffolk

FFP

Immunization Department FOB: Destination

MILSTRIP: N0018319RCCH003

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
FY21 - Maintenance & Monitoring

FFP

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

2001AA

1
Lot
OPTION
Galley/Nutrition Department

FFP

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

2001AB

1
Lot
OPTION
mmunization Department

FFP

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

2001AC

1
Lot
OPTION
Pharmacy Department

FFP

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

2001AD

1
Lot
OPTION
Simulation Center / Bio Skills Lab

FFP

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

2001AE

1
Lot
OPTION
Tricare Prime Suffolk

FFP

Immunization Department FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
FY22 - Maintenance & Monitoring

FFP

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

3001AA

1
Lot
OPTION
Galley/Nutrition Department

FFP

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

3001AB

1
Lot
OPTION
mmunization Department

FFP

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

3001AC

1
Lot
OPTION
Pharmacy Department

FFP

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

3001AD

1
Lot
OPTION
Simulation Center / Bio Skills Lab

FFP

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

3001AE

1
Lot
OPTION
Tricare Prime Suffolk

FFP

Immunization Department FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
FY23 - Maintenance & Monitoring

FFP

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

4001AA

1
Lot
OPTION
Galley/Nutrition Department

FFP

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

4001AB

1
Lot
OPTION
mmunization Department

FFP

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

4001AC

1
Lot
OPTION
Pharmacy Department

FFP

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

4001AD

1
Lot
OPTION
Simulation Center / Bio Skills Lab

FFP

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

4001AE

1
Lot
OPTION
Tricare Prime Suffolk

FFP

Immunization Department FOB: Destination

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Maintenance Service Agreement - Temp Trak

Scope of Work

I. Contractor to provide total maintenance including preventative maintenance and sensor-proofing on all Temp Trak Wireless Temperature Monitoring Systems identified below on-site at various Naval Medical Center Portsmouth, Pharmacies, Immunization Clinics, Nutrition Management Department (Galley) and Simulation Center identified in Section B.

a. Services will be provided for the base period 01 October 2018 through 30 September 2019 with the option to extend services four (4) additional option years.

b. Contractor’s price to be inclusive of all costs including all parts, labor, and travel as required on all specified PCs hardware and software to restore equipment to normal operating condition.

c. Contractor to provide annual NIST validation, certification, and calibration as necessary to include battery changes.

d. Services to be performed during normal business hours 8:30 a.m. to 4:00 p.m. Monday through Friday except Federal Government holidays.

II. Contractor shall maintain equipment per Original Equipment Manufacturer (OEM) guidelines including all OEM recommended preventative maintenance visits. The Contractor shall be fully qualified / authorized by the Original Equipment Manufacturer (OEM) in the repair of all equipment listed within this contract.

a. Contractor shall maintain current (within 2 years) qualifications throughout entire contract period.

b. Qualification includes but not limited to the certification of all repair persons and repair facilities by the OEM as being trained / qualified to perform required repairs.

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

III. Use of new replacement parts only is authorized. Refurbished or used replacement parts not allowed unless certified by the OEM, new parts are not available, and they are specifically approved by the Government. Contractor to warrant that all completed repairs have been completed per OEM guidelines and accepted industry standards.

a. Contractor shall provide any and all software updates as they become available throughout the period of performance but no later than 30 days following its release at no additional charge.

IV. Contractor to maintain answering system which is operational 24 hours a day 7 days a week, but is manned Monday – Friday, 8:30 a.m. to 5:00 p.m. Messages left during the “off hours” will be returned and responded to on the next business day to provide off-site assistance.

a. OEM qualified technician must be available (via phone) within 2 hours of any call to provide off-site assistance.

b. In the event that on-site repairs are required, Contractor to respond no later than 3:00 p.m. EST on the third business day.

c. Contractor shall provide telephone support to include services for both general system operation questions and questions concerning system failures and/or faults.

d. Calls received during normal business hours shall be responded to immediately but no later than the next business day after receipt of the call.

V. Contractor to provide one (1) four (4) hour “Retraining” session to be performed during the initial visit to provide annual preventative maintenance. The purpose is to train users in the proper care and use, user configuration and reporting capabilities of the system. Any additional training required that may incur additional cost is not covered under this contract and will require the issuance of a separate contract.

VI. To support Naval Medical Center Portsmouth (NMCP) TEMP Trak system, a DOD approved laptop will be provided to allow remote access for troubleshooting and configuration support. On occasions, NMCP will request the laptop to be returned to Naval Medical Center Portsmouth to install updates and security patches, at which time a replacement will be provided.

a. Remote Access is the preferred method of access and will be accomplished using the NMCP CITRIX solution.

VII. The Technician must also obtain an ANACI background investigation by submitting a SF-86 to meet the minimum requirement for all designated non-critical sensitive positions to be eligible to receive a Common Access Card. To the extent possible, the investigation requested is to support sensitive duty assignment should be requested far enough in advance to allow completion and adjudication of the ANACI background investigation. Additionally a Naval Medical Center Portsmouth network account will be created, thus, the Technical must submit an OPNAV 5239/14 (SYSTEM AUTHORIZATION ACCESS REQUEST NAVY (SAAR-N). Because of the sensitive nature of the data contain within NMCP enclave, the Technician must complete the DOD/BUMED HIPAA training and DOD Annual Information Assurance Training.

Equipment

I. Major components of each system and the specific locations covered under this contract are listed below:

PHARMACY – VARIOUS LOCATIONS BELOW SPECIFIED

Naval Medical Center Portsmouth (NMCP)

Qty
Item
1
Temp Trak Software Package
1
Temp Trak Software License
1
Base Station
1
Network to Receiver Device
5
Repeaters with Battery Back-up
22
Temp Track Sensors
2
Mini-Sentry with on-board thermistor for Room 271500
6
Mini-Sentry with on-board thermistor for Room 271301 Tag # 02757 & 02754

Tag # 02721, 02734, 02718, 02736,

1
Mini-Sentry with external thermistor for Room 271500 Tag # 02733
1
Mini-Sentry with on-board thermistor for Room 430402 Tag # 01999
1
Mini-Sentry with on-board thermistor for Room 460731 Tag # NA
1
Mini-Sentry with on-board thermistor for Room 350102 Tag # 02783
1
Mini-Sentry with external thermistor for Room 271500 Tag # NA
2
Mini-Sentry with on-board thermistor for Room 33040201 Tag # NA
12
#10080-DT-NIST Temperature Transmitter with External Thermistor, one 6’ Air Probe (-25F to 180F)

Boone Clinic Pharmacy

Qty
Item
1
Base Station
1
Network to Receiver Device
3
Mini-Sentry with on-board thermistor
5
Temp Track Sensors

Oceana Clinic Pharmacy

Qty
Item
1
Base Station
1
Network to Receiver Device
3
Mini-Sentry with on-board thermistor
5
Temp Track Sensors

Sewells Point Clinic Pharmacy

Qty
Item
1
Base Station
1
Network to Receiver Device
2
Mini-Sentry with on-board thermistor
4
Temp Track Sensors

Scott Center Annex Pharmacy

Qty
Item
1
Base Station
1
Network to Receiver Device
2
Mini-Sentry with on-board thermistor
4
Temp Track Sensors

TRICARE Prime Clinic Chesapeake Pharmacy

Qty
Item
1
Base Station
1
Network to Receiver Device
1
Mini-Sentry with on-board thermistor
3
Temp Track Sensors

TRICARE Prime Clinic Virginia Beach Pharmacy

Qty
Item
1
Base Station
1
Network to Receiver Device
1
Mini-Sentry with on-board thermistor
3
Temp Track Sensors

Yorktown Clinic Pharmacy

Qty
Item
1
Base Station
1
Network to Receiver Device
1
Mini-Sentry with on-board thermistor
3
Temp Track Sensors

Dan Neck Clinic Pharmacy

Qty
Item
1
Base Station
1
Network to Receiver Device
1
Mini-Sentry with on-board thermistor
3
Temp Track Sensors

Northwest River Clinic Pharmacy

Qty
Item
1
Base Station
1
Network to Receiver Device
1
Mini-Sentry with on-board thermistor
3
Temp Track Sensors

BIOSKILLS CADAVER LAB/SIMULATION CENTER (NMCP BLDG 3 – 1st FLOOR)

Qty
Item

SYSTEM BASE STATION AND COMPONENTS

1
10050-US Repeater with battery back-up

Temp Trak Model No. 10080-DT-NIST Mini Sentry temperature transmitter with external thermistor; includes one 6’ Air probe (-25F to 180F)

So-low Ultra Low Freezer #1 S/N 0910057 ECN: 106368 So-low Ultra Low Freezer #2 S/N 0910056 ECN: 106367 So-low Ultra Low Freezer #3 S/N 0809942 ECN: 103505 Duracold Refrigerator S/N 59152

IMMUNIZATIONS – VARIOUS LOCATIONS SPECIFIED BELOW

Qty
ALLERGY NMCP
SERIAL
1
Model#;10080 Allergy 1
61-10
1
Model#;10080 Allergy 2
61-8

IMMUNIZATIONS BOONE

1
Model#;10080 Boone Immunizations F13
61-29
1
Model#;10080 Boone Immunizations F2
61-22
1
Model#;10080 Boone Immunizations F3
61-23
1
Model#;10080 Boone Immunizations F4
61-24
1
Model#;10080 Boone Immunizations F6
61-25
1
Model#;10080 Boone Immunizations F7 Freezer
61-30
1
Model#;10080 Boone Immunizations F7 Combofrig1
61-26
1
Model#;10080 Boone Immunizations F7 Lgfrig1
61-27
1
Model#;10080 Boone Immunizations F9 Iris Rm
61-28
1
Model#;10050 Boone R-165-99 Clinic Drive Thru
165-99

IMMUNIZATIONS DAM NECK

1
Model#;10080 Dam Neck Immunizations Frz 1
78-23
1
Model#;10080 Dam Neck Immunizations Frig 2
78-22

IMMUNIZATIONS NMCP

1
Model#;10080 Immunizations Combo Freezer Rm 230513
61-13
1
Model#;10080 Immunizations Combo Refer Rm 230513
138-105
1
Model#;10080 Immunizations Lg Freezer Admin 230703
61-12
1
Model#;10080 Immunizations Lg Refer Admin 230703
61-17
1
Model#;10080 Immunizations Small Rom 230701
61-16
1
Model#;10080 Immunizations Tranfrig Pha
61-21
1
Model#;10080 L&D Freezer 1
61-11
1
Model#;10080 L&D Frig 1
61-4
1
Model#;10050 Repeater Immunizations Rm 230703
142-10
1
Model#;10080 (Repeater) Immunizations Rm #230703
142-10
1
Model#;10080 (Repeater) Peds Rm #280610
142-11
1
Model#;10080 (Repeater) Immunizations
142-13
1
Model#;10080 (Repeater) Plus Clinic
142-14
1
Model#;10080 (Repeater) Closet #320414
165-83
1
Model# 10080-DT-NIST Temperature Transmitter with External Thermistor, one 6’ Air Probe (-25F to 180F)

IMMUNIZATIONS NNSY

1
Model#;10080 NNSY Immunizations Frig 1
78-9
1
Model#;10080 NNSY Immunizations Frz 1
78-24

IMMUNIZATIONS NORTHWEST

1
Model#;10080 NW Immunizations Frig 1
61-43
1
Model#;10080 NW Immunizations Frz 1
61-45

IMMUNIZATIONS OCEANA

1
Model#;10080 Oceana Immunizations Combo Frig 1b
61-50
1
Model#;10080 Oceana Immunizations Rm Daily Frig 1
61-46
1
Model#;10080 Oceana Immunizations Rm Daily Frig 2
61-47
1
Model#;10080 Oceana Immunizations Rm Daily Frig 3
61-48
1
Model#;10080 Oceana Lg Frig 1a
61-49
1
Model#;10080 Oceana Immunizations Combo Frz 1c
61-51

IMMUNIZATIONS PEDS

1
Model#;10080 Pedfreezer1
61-1
1
Model#;10080 Pedfrig1
61-6
1
Model#;10050 NMCP R-142-011 Peds Rm 280610
142-011

IMMUNIZATIONS PLUS CLINIC

1
Model#;10080 Plus Freezer 1
61-14
1
Model#;10080 Plus Frig 1
61-2
1
Model#;10050 NMCP R-142-014 Plus Clinic
142-014

IMMUNIZATIONS SEWELLS

1
Model#;10080 Sewells Immunizations Combo Freezer 1
78-14
1
Model#;10080 Sewells Immunizations Combo Frig 2
78-13
1
Model#;10080 Sewells Immunizations Combo Frz 2
78-20
1
Model#;10080 Sewells Immunizations Combo Refrigerator 2
78-25
1
Model#;10080 Sewells Immunizations Lg Frig 1
78-12
1
Model#;10080 Sewells Immunizations Rm 1
61-52
1
Model#;10080 Sewells Immunizations Rm 2
61-53
1
Model#;10080 Sewells Immunizations Rm 3
78-10
1
Model#;10080 Sewells Immunizations Rm 4
78-11
1
Model#;10050 Sewells R-142-16 Rm E133
142-16

IMMUNIZATIONS TRICARE PRIME CLINIC CHESAPEAKE/SUFFOLK

1
Model#;10080 Dam Neck Lab Refrigerator
61-39
1
Model#;10080 TPC CH Freezer 1
61-37
1
Model#;10080 TPC CH Frg 1
61-38

IMMUNIZATIONS TRICARE PRIME CLINIC VA BEACH

1
Model#;10080 TPC Refrigerator
61-40
1
Model#;10080 TPC VB Freezer
61-42

IMMUNIZATIONS YORKTOWN

1
Model#;10080 Yorktown Immunizations Frig 1
78-26
1
Model#;10080 Yorktown Immunizations Frz 1
78-8

LAB BOONE

1
Model#;10080 Boone Lab Mailout Combo Frz 1
61-32
1
Model#;10080 Boone Lab Testing Frig 1
61-33
1
Model#;10080 Boone Lab Testing Walkin Frig 1
61-35
1
Model#;10080 Boone Lab Testing Walkin Frig 2
61-34
1
Model#;10080 Boone Lab Ultra Low Frz
61-31
1
Model#;10080 Boone Mailout Combo Refrig 1
61-36
1
Model#;10080 (Repeater) Clinic Drive Through
165-99

LAB DAM NECK

1
Model#;10080 Dam Neck Lab Freezer
78-21
1
Model#;10080 Dam Neck Lab Refrigerator
61-39

LAB SEWELLS

1
Model#;10080 Sewells Lab Freezer
78-19
1
Model#;10080 Sewells Lab Frig 3
78-17
1
Model#;10080 Sewells Lab Frig 4
78-18
1
Model#;10080 (Repeater) Rm E133
142-16

LAB TRICARE PRIME CLINIC VA BEACH

1
Model#;10080 TPC VB Lab Freezer
78-27
1
Model#;10080 TPC VB Lab Refrigerator
61-41

GALLEY/NUTRITION MANAGEMENT (BUILDING 2)

Qty
Item

SYSTEM BASE STATION AND COMPONENTS

10000-5-P Base Station with Memory Buffer and Lan Converter Serial No. 021004 10050 Repeater with battery back-up

Temp Trak Model No. 10080-115 Mini Sentry w/external thermistor Reach-in/ Roll-in Refrigerators:

QL106-8 QL106-25

QL106-19 QL107-5

QL108-11 QL107-7

Reach In Refrigerator 00183 Half Door Refrigerator QL104-11

Temp Trak Model No. 10080-120 Mini-Sentry w/external thermistor 1 Reach In Freezer (00183) 1 Freezer (QL104-11)

Temp Trak Model No. 10080-140-DW Mini-Sentry w/external thermistor for Hot Holding Roll-in

QL107-32

WALK-IN REFRIGERATION

Temp Trak Model No. 10080-133 Mini Sentry w/external thermistor for Walk-In Refrigerators:

Thaw Box # 5 Chilled Box # 3 Veg Chilled # 2 Cooks Box # 1 Chiller Box # 9

Temp Trak Model No. 10080-133 Mini-Sentry w/external thermistor for Walk-in Freezers Freezer # 4 Speed Line Freezer # 6 Main Freezer # 7 Freezer # 8

SERVING

Temp Trak Model No. 10080-115 Mini Sentry w/on-board thermistor Roll-In Refrigerators

QL106-17 QL106-9

QL106-5 QL105-15

QL105-13

WARE WASHING

Temp Trak Model No. 10080-140-DW Mini-Sentry w/external thermistor for Ware Washing Equipment (Final Rinse Only) Champion Flight Machine Pot Washer Insinger Dishwashing Machine, Model RC24BD, Serial# 060019

UNCLASSIFIED CONTRACTOR ACCESS

Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (Jan 2017)

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 text 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 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 Command’s Security Manager upon arrival to the 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) or T5 or T5R equivalent investigation , which is a higher level investigation than the National Agency Check with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security 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-N; 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 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 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. Contractor employees under this contract are recognized as Non-Critical Sensitive [ADP/IT-II] positions 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 as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The investigation 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 Command’s Security Manager upon arrival to the 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 Command Security Manager. The Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM); Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination 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 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 DoD 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 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.

ECMRA REQUIREMENT

NMCARS 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report 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. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

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://www.ecmra.mil .

(End of Text)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
N/A
N/A
N/A
N/A
0001AA
Destination
Government
Destination
Government
0001AB
Destination
Government
Destination
Government
0001AC
Destination
Government
Destination
Government
0001AD
Destination
Government
Destination
Government
0001AE
Destination
Government
Destination
Government
1001
N/A
N/A
N/A
N/A
1001AA
Destination
Government
Destination
Government
1001AB
Destination
Government
Destination
Government
1001AC
Destination
Government
Destination
Government
1001AD
Destination
Government
Destination
Government
1001AE
Destination
Government
Destination
Government
2001
N/A
N/A
N/A
N/A
2001AA
Destination
Government
Destination
Government
2001AB
Destination
Government
Destination
Government
2001AC
Destination
Government
Destination
Government
2001AD
Destination
Government
Destination
Government
2001AE
Destination
Government
Destination
Government
3001
N/A
N/A
N/A
N/A
3001AA
Destination
Government
Destination
Government
3001AB
Destination
Government
Destination
Government
3001AC
Destination
Government
Destination
Government
3001AD
Destination
Government
Destination
Government
3001AE
Destination
Government
Destination
Government
4001
N/A
N/A
N/A
N/A
4001AA
Destination
Government
Destination
Government
4001AB
Destination
Government
Destination
Government
4001AC
Destination
Government
Destination
Government
4001AD
Destination
Government
Destination
Government
4001AE
Destination
Government
Destination
Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4
Inspection Of Services--Fixed Price
AUG 1996
252.246-7000
Material Inspection And Receiving Report
MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
N/A
N/A
N/A
N/A
0001AA
POP 01-OCT-2018 TO

30-SEP-2019

N/A
NAVAL MEDICAL CENTER

NUTRITION MANAGEMENT

620 JOHN PAUL JONES CIRCLE

BLDG 2, 1ST FLOOR MAIN GALLEY

PORTSMOUTH VA 23708

757-953-1003

N00183

0001AB
POP 01-OCT-2018 TO

30-SEP-2019

N/A
IMMUNIZATIONS DEPARTMENT

SID RYAN

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA

757-953-1975

N00183

0001AC
POP 01-OCT-2018 TO

30-SEP-2019

N/A
NAVAL MEDICAL CENTER

PHARMACY SUPPLY DEPARTMENT

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-0269

N00183

0001AD
POP 01-OCT-2018 TO

30-SEP-2019

N/A
NAVAL MEDICAL CENTER

SIMULATION CENTER

620 JOHN PAUL JONES CIRCLE

BLDG 3

PORTSMOUTH VA 23708-2197

757-953-5839

N00183

0001AE
POP 01-OCT-2018 TO

30-SEP-2019

N/A
IMMUNIZATIONS DEPARTMENT

TRICARE PRIME CLINIC

7021 HARBOR VIEW BLVD

SUFFOLK VA 23435

757-953-2481

N00183

1001
N/A
N/A
N/A
N/A
1001AA
POP 01-OCT-2019 TO

30-MAR-2020

N/A
NAVAL MEDICAL CENTER

NUTRITION MANAGEMENT

620 JOHN PAUL JONES CIRCLE

BLDG 2, 1ST FLOOR MAIN GALLEY

PORTSMOUTH VA 23708

757-953-1003

N00183

1001AB
POP 01-OCT-2019 TO

30-MAR-2020

N/A
IMMUNIZATIONS DEPARTMENT

SID RYAN

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA

757-953-1975

N00183

1001AC
POP 01-OCT-2019 TO

30-MAR-2020

N/A
NAVAL MEDICAL CENTER

PHARMACY SUPPLY DEPARTMENT

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-0269

N00183

1001AD
POP 01-OCT-2019 TO

30-MAR-2020

N/A
NAVAL MEDICAL CENTER

SIMULATION CENTER

620 JOHN PAUL JONES CIRCLE

BLDG 3

PORTSMOUTH VA 23708-2197

757-953-5839

N00183

1001AE
POP 01-OCT-2019 TO

30-MAR-2020

N/A
IMMUNIZATIONS DEPARTMENT

TRICARE PRIME CLINIC

7021 HARBOR VIEW BLVD

SUFFOLK VA 23435

757-953-2481

N00183

2001
N/A
N/A
N/A
N/A
2001AA
POP 01-OCT-2020 TO

30-SEP-2021

N/A
NAVAL MEDICAL CENTER

NUTRITION MANAGEMENT

620 JOHN PAUL JONES CIRCLE

BLDG 2, 1ST FLOOR MAIN GALLEY

PORTSMOUTH VA 23708

757-953-1003

N00183

2001AB
POP 01-OCT-2020 TO

30-SEP-2021

N/A
IMMUNIZATIONS DEPARTMENT

SID RYAN

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA

757-953-1975

N00183

2001AC
POP 01-OCT-2018 TO

30-SEP-2021

N/A
NAVAL MEDICAL CENTER

PHARMACY SUPPLY DEPARTMENT

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-0269

N00183

2001AD
POP 01-OCT-2020 TO

30-SEP-2021

N/A
NAVAL MEDICAL CENTER

SIMULATION CENTER

620 JOHN PAUL JONES CIRCLE

BLDG 3

PORTSMOUTH VA 23708-2197

757-953-5839

N00183

2001AE
POP 01-OCT-2020 TO

30-SEP-2021

N/A
IMMUNIZATIONS DEPARTMENT

TRICARE PRIME CLINIC

7021 HARBOR VIEW BLVD

SUFFOLK VA 23435

757-953-2481

N00183

3001
N/A
N/A
N/A
N/A
3001AA
POP 01-OCT-2021 TO

30-SEP-2022

N/A
NAVAL MEDICAL CENTER

NUTRITION MANAGEMENT

620 JOHN PAUL JONES CIRCLE

BLDG 2, 1ST FLOOR MAIN GALLEY

PORTSMOUTH VA 23708

757-953-1003

N00183

3001AB
POP 01-OCT-2021 TO

30-SEP-2022

N/A
IMMUNIZATIONS DEPARTMENT

SID RYAN

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA

757-953-1975

N00183

3001AC
POP 01-OCT-2021 TO

30-SEP-2022

N/A
NAVAL MEDICAL CENTER

PHARMACY SUPPLY DEPARTMENT

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-0269

N00183

3001AD
POP 01-OCT-2021 TO

30-SEP-2022

N/A
NAVAL MEDICAL CENTER

SIMULATION CENTER

620 JOHN PAUL JONES CIRCLE

BLDG 3

PORTSMOUTH VA 23708-2197

757-953-5839

N00183

3001AE
POP 01-OCT-2021 TO

30-SEP-2022

N/A
IMMUNIZATIONS DEPARTMENT

TRICARE PRIME CLINIC

7021 HARBOR VIEW BLVD

SUFFOLK VA 23435

757-953-2481

N00183

4001
N/A
N/A
N/A
N/A
4001AA
POP 01-OCT-2022 TO

30-SEP-2023

N/A
NAVAL MEDICAL CENTER

NUTRITION MANAGEMENT

620 JOHN PAUL JONES CIRCLE

BLDG 2, 1ST FLOOR MAIN GALLEY

PORTSMOUTH VA 23708

757-953-1003

N00183

4001AB
POP 01-OCT-2022 TO

30-SEP-2023

N/A
IMMUNIZATIONS DEPARTMENT

SID RYAN

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA

757-953-1975

N00183

4001AC
POP 01-OCT-2022 TO

30-SEP-2023

N/A
NAVAL MEDICAL CENTER

PHARMACY SUPPLY DEPARTMENT

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-0269

N00183

4001AD
POP 01-OCT-2022 TO

30-SEP-2023

N/A
NAVAL MEDICAL CENTER

SIMULATION CENTER

620 JOHN PAUL JONES CIRCLE

BLDG 3

PORTSMOUTH VA 23708-2197

757-953-5839

N00183

4001AE
POP 01-OCT-2022 TO

30-SEP-2023

N/A
IMMUNIZATIONS DEPARTMENT

TRICARE PRIME CLINIC

7021 HARBOR VIEW BLVD

SUFFOLK VA 23435

757-953-2481

N00183

52.211-17
Delivery of Excess Quantities
SEP 1989
52.247-35
F.O.B. Destination, Within Consignee's Premises
APR 1984

NMCP DOCK HOURS

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

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

Pay Official DoDAAC____
Issue By DoDAAC____
Admin DoDAAC____
Inspect By DoDAAC____
Ship To Code____
Ship From Code____
Mark For Code____
Service Approver (DoDAAC)____
Service Acceptor (DoDAAC)____
Accept at Other DoDAAC____
LPO DoDAAC____
DCAA Auditor DoDAAC____
Other DoDAAC(s)____

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

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

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

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

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

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

Section H - Special Contract Requirements

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…

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