N00183-19-Q-0067_Solicitation.pdf

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Attached to: RALS Web3 Software License and Maintenance Federal contract opportunity
Solicitation number: N00183-19-Q-0067
Issued by: Department of the Navy Bureau of Medicine and Surgery

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SEE ADDENDUM

(No Collect Calls)

N0018319Q0067 09-Aug-2019

b. TELEPHONE NUMBER

757-953-5573

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 19 Aug 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001839. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PAULA M. POE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL MEDICAL CENTER

MMD/CONTRACTING DIVISION

ATTN: PAULA POE

54 LEWIS MINOR STREET

PORTSMOUTH VA 23708-2297

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N00183 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL MEDICAL CENTER

LABORATORY/ADMIN

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

TEL: 757-953-1709 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

511210

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF36

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0018319Q0067

Section A - Solicitation/Contract Form

CONTRACT ADMINISTRATION

PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE THAT WILL BE PUBLISHED.

The Department of the Navy (DoN) intends to negotiate a one-time sole source contract with Alere Informatics Inc., 2000 Holiday Dr. Ste 500, Charlottesville, VA 22901-3601, is the sole source provider for RALS Web3 Software License and Maintenance that meets DON's requirements.

The Government intends to negotiate with only one source under the authority of FAR 13.106 (b)(1)(i).

This notice will be distributed solely through the General Services Administration's Federal Business Opportunities (FBO) Website (www.fbo.gov) . Interested parties are responsible for monitoring the FBO site to ensure they have the most up-to-date information about this acquisition. The North American Classification System Code is 511201, the size standard is 38.5M Based on market research conducted and contacts made with knowledgeable individuals within the government it has been determined DON's requirement can only be provided by Alere Informatics Inc., as they are the sole authority authorized to provide these services.

This notice of intent is not a request for competitive quotations; however, interested parties may identify their interests and capability to respond to this requirement to this office by 12:00 pm, EST, 13 Aug. 2019 by email to the attention of Paula Poe, Contract Specialist, at paula.m.poe.civ@mail.mil. Information received will be considered solely for the purpose of determining whether or not to conduct a competitive procurement.

Telephone requests will not be considered. A determination by the Government not to compete this proposed contract based upon response to this notice is solely within the discretion of the Government.

Administrative Data

VENDOR TO COMPLETE THE FOLLOWING:

COMPANY NAME: ______________________

TIN: ___________________

CAGE: ___________________

DUNS: ___________________

Vendor POC: ____________________ Phone: ____________________ Fax: ____________________ Vendor email: _________________________________

Naval Medical Center Portsmouth, VA Acquisition Office POC: Paula Poe Phone: 757-953-5573 Email: paula.m.poe.civ@mail.mil

Product/Services for: Naval Medical Center Portsmouth VA- Laboratory Department POC: George Barr Phone: 757-953-1494 E-mail george.w.barr.civ@mail.mil

Vendor to reference RFQ Number: N00183-19-Q-0067 on all inquiries.

PAYMENT INFORMATION

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

PROMPT PAYMENT

For Prompt Payment Act Purposes, this contract is:

Subject to the 7-calender day constructive acceptance period.

Note: Vendor will be required to provide billing electronically via the WAWF Electronic Invoicing Method. For additional information, a review of the following web sites may be required: websites: https://wawf.eb.mil or http://wawftraining Email: usn.detrick.navmedlogcomftdmd.list.nmlc-wawf@mail.mil

DISCOUNTS

The vendor's initial response to this RFQ should reflect the Vendors' best price including all allowable discounts that are available to the Federal Government. Please identify all discounts that are being offered as part of the vendor's quote submission. The government does not intend to go out for a best and final offer.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Years RALS-Web3 /Point of Care Software System

FFP

RALS-Web3 /Point of Care Software System / Software License & Maintenance for Naval Medical Center Portsmouth (NMCP) in accordance with the Performance Work Statement (PWS).

**Please see below for FY20 Device and Pricing Table** FOB: Destination

PSC CD: N070

NET AMT

FY20 PRICING TABLE

RALS-Web3 Line Device Qty Cost/ Year 1 Abbott Point of Care Inc. i-STAT® Module 1 $ --- Meters / Instruments / Analyzers: 1 --- Total number of Meters / Instruments / Analyzers: 18 --- System Support Model: Y --- RALS-Web3 Browser Based Remote Access: # Hospitals Using Web: 1

--- Results Interface: LIS HL7 Un-Solicited Results: 1

2 Accriva Diagnostics IL GEM Hemochron® 100 Module 1 $ --- Meters / Instruments / Analyzers: 2 --- System Support Model: Y --- RALS-Web3 Browser Based Remote Access- # Hospitals Using Web: 1 --- Results Interface: LIS HL7 Un-Solicited Results: 1

3 Nova StatStrip® GLU (Glucose) Module 1 $ --- Meters / Instruments / Analyzers: 43 --- System Support Model: Y --- RALS-Web3 Browser Based Remote Access - # Hospitals Using Web: 2 --- Results Interface: LIS HL7 Un-Solicited Results: 1 --- ADT Interface (admit, discharge, transfer): ADT In-Unit Patient Verification w/PPI (Positive Patient Identification):

4 Quidel Sofia® Module 1 $

--- Meters / Instruments / Analyzers: 5 --- System Support Model: y --- RALS-Web3 Browser Based Remote Access: 1 --- Results Interface: LIS HL7 Un-Solicited Results: 1

5 Roche ACCU-CHEK® Inform II Module 1 $ --- Meters / Instruments / Analyzers: 43 --- System Support Model: Y --- RALS-Web3 Browser Based Remote Access - # Hospitals Using Web: 1 --- Results Interface:LIS HL7 Un-Solicited Results:1 --- ADT Interface (admit, discharge, transfer): ADT In-Unit Patient Verification w/PPI (Positive Patient Identification):

6 Siemens Healthineers Clinitek Status® Connect Module 1 $ --- Meters / Instruments / Analyzers: 3 --- System Support Model: Y --- RALS-Web3 Browser Based Remote Access- # Hospitals Using Web: 2 --- Results Interface: LIS HL7 Un-Solicited Results: 1

7 Siemens Healthineers DCA Vantage® Module 1 $ --- Meters / Instruments / Analyzers: 1 --- System Support Model: Y --- RALS-Web3 Browser Based Remote Access - # Hospitals Using Web: 1 --- Results Interface: LIS HL7 Un-Solicited Results: 1

8 MTE (Manual Test Entry includes up to 5 tests at time of implementation) Module 1 $

--- System Support Model: Y

--- RALS-Web3 Browser Based Remote Access- # Hospitals Using Web: 1 --- Results Interface: LIS HL7 Un-Solicited Results:1

TOTAL $

1001 1 Years OPTION RALS-Web3 /Point of Care Software System

FFP

RALS-Web3 /Point of Care Software System / Software License & Maintenance for Naval Medical Center Portsmouth (NMCP) in accordance with the Performance Work Statement (PWS).

**Please see below for FY21 Device and Pricing Table**

FY21 PRICING TABLE

Line Device Qty Cost/ Year 1 Abbott Point of Care Inc. i-STAT® Module 1 $ --- Meters / Instruments / Analyzers: 1 --- Total number of Meters / Instruments / Analyzers: 18 --- System Support Model: Y --- RALS-Web3 Browser Based Remote Access: # Hospitals Using Web: 1

--- Results Interface: LIS HL7 Un-Solicited Results: 1

4 Quidel Sofia® Module 1 $ --- Meters / Instruments / Analyzers: 5 --- System Support Model: y --- RALS-Web3 Browser Based Remote Access: 1 --- Results Interface: LIS HL7 Un-Solicited Results: 1

8 MTE (Manual Test Entry includes up to 5 tests at time of implementation) Module 1 $

--- System Support Model: Y

--- RALS-Web3 Browser Based Remote Access- # Hospitals Using Web: 1

2001 1 Years OPTION RALS-Web3 /Point of Care Software System

FFP

RALS-Web3 /Point of Care Software System / Software License & Maintenance for Naval Medical Center Portsmouth (NMCP) in accordance with the Performance Work Statement (PWS).

**Please see below for FY22 Device and Pricing Table**

FY22 PRICING TABLE

--- Results Interface: LIS HL7 Un-Solicited Results: 1

4 Quidel Sofia® Module 1 $ --- Meters / Instruments / Analyzers: 5 --- System Support Model: y --- RALS-Web3 Browser Based Remote Access: 1 --- Results Interface: LIS HL7 Un-Solicited Results: 1

7 Siemens Healthineers DCA Vantage® Module 1 $ --- Meters / Instruments / Analyzers: 1 --- System Support Model: Y --- RALS-Web3 Browser Based Remote Access - # Hospitals Using Web: 1

--- Results Interface: LIS HL7 Un-Solicited Results: 1

8 MTE (Manual Test Entry includes up to 5 tests at time of implementation) Module 1 $

--- System Support Model: Y

--- RALS-Web3 Browser Based Remote Access- # Hospitals Using Web: 1

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Alere Informatics Rals – Web 3 System with device modules –

Naval Medical Center Portsmouth

PART 1

SCOPE OF WORK

1 GENERAL: This is a non-personal services contract to provide Alere Informatics Rals-Web 3 System, Software, License, Maintenance, and Support. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Point of Care instrument interfacing between RALS and NMC Portsmouth VA CHCS system as defined in this PWS except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: RALS is a software interface system that the NMC Portsmouth VA has been using to assist in the transfer of patient point of care test results to the CHCS system.

1.3 Objectives: Basic services include:

Interface between Point of Care testing analyzers and CHCS.

Create and edit profiles in RALS to match CHCS test files.

Allow operator id and information to be listed in RALS database.

1.4 Scope: The contractor shall accomplish all services that are listed in the RALS software master agreement.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year and four (2) Option Years.

The Period of Performance reads as follows:

Base Year 01Oct. 2019 to 30 Sept. 2020 Option Year I 01Oct. 2020 to 30 Sept. 2021 Option Year II 01Oct. 2021 to 30 Sept. 2022

GENERAL INFORMATION

1.6 Recognized Holidays: The contractor is not required to perform services on Federal Holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.7 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:00 am – 7:00 pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Place of Performance: The work to be performed under this contract will be performed at the contractor facility.

1.9 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.10 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

PART 2

DEFINITIONS & ACRONYMS

2 DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS:

2.1.01 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.02 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.03 DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.04 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.05 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.06 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.07 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.08 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

ACOR Alternate Contracting Officer's Representative CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DD250 Department of Defense Form 250 (Receiving Report) DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs POC Point of Contact PWS Performance Work Statement

PART 3

CONTRACTOR FURNISHED ITEMS AND SPECIFIC TASKS

3 CONTRACTOR RESPONSIBILITIES AND SPECIFIC TASKS:

3.1 Basic Services. Vendor shall provide software, software license, maintenance and technical support on the

Alere Informatics Rals Data Software systems.

3.2 Vendor’s price shall be inclusive of all cost including labor, materials, shipping, royalties and software license fees.

3.3 Vendor shall provide support during normal work hours of 8:00 am – 5:00 pm (EST) Monday – Friday except

Federal Holidays.

3.4 Vendor shall provide all software maintenance releases as soon as possible after release but no later than 14 days after release.

3.5 Supplied, software / license shall be provided free of all additional royalties or other charges.

3.6 All supplied software shall be certified free of malicious codes / damaging properties such as viruses, Trojan horses, worms, spyware etc.

3.7 NMCP recognizes that the use of all supplied software is for the sole use of NMCP. NMCP agrees not to share, sell, copy, lease or assign supplied software without the expressed permission of vendor.

3.8 NMCP shall make all attempts to preserve the proprietary nature of all supplied software. Vendor shall take all reasonable measures to safeguard any and all NMCP file data. (i.e. vendor shall not share any medical records / data collected by supplied software)

3.9 All technical support personnel must be adequately trained and knowledgeable of supplied software.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government

Section F - Deliveries or Performance

NMCP HOURS OF OPERATION

Naval Medical Center Portsmouth (NMCP) 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.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2019 TO

30-SEP-2020

N/A NAVAL MEDICAL CENTER

LABORATORY/ADMIN

BLDG 2

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708

757-953-1709

N00183

1001 POP 01-OCT-2020 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

____________Invoice_2 in 1 Service ______________________________________________

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(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 HQ0248

Issue By DoDAAC N00183

Admin DoDAAC** N00183

Inspect By DoDAAC N/A

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N00183

Accept at Other DoDAAC N/A

LPO DoDAAC N00183

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

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

_USN.DETRICK.NAVMEDLOGCOMFTDMD.LIST.NMLC-WAWF@MAI.MIL___

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT CLAUSES

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 Naval Medical Center, Portsmouth 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) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://www.ecmra.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)

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.

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.

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.

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.

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.

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