Avaya_Call_System_Maintenance.docx

N0018319Q0076

Section A - Solicitation/Contract Form

VENDOR TO COMPLETE THE FOLLOWING:

COMPANY NAME: ______________________

Vendor POC: ____________________

Vendor email: _________________________________

Naval Medical Center Portsmouth Contracting POC: Christopher Ward Phone: 757-953- 3412 Email: christopher.s.ward1.civ@mail.mil

Product/Services for: Naval Medical Center Portsmouth VA Communications Department

POC:

620 John Paul Jones Circle Portsmouth VA 23708-2297 Phone: 757-953-

Vendor to reference RFQ Number: N00183-19-Q-0076 on all inquiries.

GSA CONTRACT INFORMATION:

GSA Contract #: __________________________________ FSS Group/Class/Part: ______________________________

FSS SIN: ________________________________________

Single or Multiple Award Contract: ____________________ Expiration Date: ___________________________________ Contract Minimum Dollar Amount:____________________ Contract Maximum Dollar Amount: ___________________ A copy of your GSA contract with your returned quote. This is needed to assist in establishing fair and reasonable pricing for the Government.

Notice: Should the Contractor's FSS/GSA contract expires during the requested period of performance, including option years, the following information will be listed in Section A of the contract award document:

“The terms and conditions of this contract award are in accordance with your FSS/GSA contract _______________ which expires ______________. It is anticipated that your FSS/GSA contract will be renewed. At that time, the Naval Medical Center reserves the right to review the renewed contract and issue a modification, if needed, to either cancel the remaining services or revise the terms and conditions to reflect the new period of performance; however, all pricing herein are guaranteed for the entire period of performance, including option years.”

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.

“AVAILABILITY OF FUNDS. Pursuant to Section I, Availability of Funds (FAR 52.232-18), of the contract, funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing to the Contracting Officer.”

EMAIL QUOTES/PROPOSALS TO: christopher.s.ward1.civ@mail.mil on or before the RFQ close date.

DO NOT forward via U.S. Mail service. It is the Contractor’s responsibility to confirm receipt of quote/proposal.

Section B - Supplies or Services and Prices

Avaya Telephone System Maintenance

FFP

**See Performance Work Statement and Equipment List for requirements of maintenance; Period of Performance 01 July 2019 - 30 September 2019** **Must be an GSA Authorized Dealer of Avaya and listed as a authorized partner as per GSA contract GS-35F-0156V to be considered for this award due to OEM certifications and standards to provide maintenance** **The company must be listed on GSA Advantage as approved third party** FOB: Destination

MILSTRIP: N0018319RCTE025

PURCHASE REQUEST NUMBER: N0018319RCTE025

PSC CD: J058

NET AMT

FFP

**See Performance Work Statement and Equipment List for requirements of maintenance; Period of Performance 01 October 2019 - 30 September 2020** **Must be an GSA Authorized Dealer of Avaya and listed as a authorized partner as per GSA contract GS-35F-0156V to be considered for this award due to OEM certifications and standards to provide maintenance** **The company must be listed on GSA Advantage as approved third party** FOB: Destination

PSC CD: J058

NET AMT

Section C - Descriptions and Specifications

Avaya Call System Equipment List

000000000000192741 CALL MANAGEMENT SYSTEM ADD PER AGENT 26-50 AGENTS LIC: CU QTY.50

000000000000193110 CALL MANAGEMENT SYSTEM SMALL SYSTEM TO LARGE SYSTEM TRACKING QTY.1

000000000000228726 CMS R16 MULTIPLE RELEASE PER AGENT 101-250 LIC: CU QTY.250

000000000000245368 CMS R16.X UPGRADE PER AGENT 101-250 LIC: CU QTY.250

000000000000178797 CMS SCSI EXTERNAL DISK U5/SB 36G QTY.1

000000000000195291 CMS SERVICES KIT/ADDITIONAL HARDWARE FOR NETRA/T5220 PLATFORMS QTY.1

000000000000223503 CMS ADDITIONAL MEMORY FOR T5220/T5120 8-CORE 16GB QTY.1

000000000000228735 CMS R16 HARDWARE PLATFORM T5220 QTY.1

000000000000267855 CALL MANAGEMENT SYSTEM R16.3 HARDWARE PLATFORM X4270 QTY.1

Converged Voice Products Full Coverage 24x7

000000000700501993 DECT IP DECT GATEWAY 48VDC/110-230VAC TO SUPPORT 16 ISDN BS MAINT QTY. 2

000000000700506351 DECT TDM/ISDN UNIVERSAL RADIO BASE STATION W/INT ANTENNA - TAA MAINT QTY. 30

REINITIATION_FEE Remote Only Support 24x7

000000000000262692 RE-INITIATION FEES LAPSED COVERAGE - UPGRADE ADV CC QTY.1

000000000000241878 SA PREFER SUPT CALL CENTER R6 ELITE AGT 251+ 1YR PREPD QTY. 220

SA_COMM MGR MESSAGING R6 Preferred

000000000000239941 SA PREFER SUPT CM MESSAGING-FM R6 1YR PREPD QTY. 6500

SA_SAL SW SUPPORT R1_5 Preferred

000000000000253607 SA PREFER SUPT AVAYA DIAGONSTIC SRVR SAL GATEWAY SFTW ONLY TRACKING QTY.1

SA_WORKFORCE OPTIMIZATION SWR12 Preferred

000000000000235255 SA PREFER SUPT WFO R12 CR QLTYMONITR ENCRYPT 1YR QTY.120

PREPD

000000000000235261# UPGRADE ADVANTAGE WFO R12 CR QLTYMONITR ENCRYPT 1YR QTY.120

PREPD

000000000000235271 SA PREFER SUPT WFO R12 FULLTIME SCREEN RCDG 1YR PREPD QTY.120

000000000000235277# UPGRADE ADVANTAGE WFO R12 FULLTIME SCREEN RCDG 1YR QTY.120

PREPD

000000000000235847 SA PREFER SUPT WFO R12 MIDMARKET CR 1YR PREPD QTY.120

UPS_ENTERPRISE Remote Only Support 24x7

000000000700434798 UPS ENVIRONMENTAL PROBE MAINT QTY.4

Uninterruptible Power Systems Remote Only Support 24x7

000000000700465289 PW9130 1000 120V RACK WITH SNMP CARD MAINT QTY.2

000000000700465305 PW9130 1500 120V RACK WITH SNMP CARD MAINT QTY.2

000000000700465420 PW9130 3000 120V RACK WITH SNMP CARD MAINT QTY. 1

000000000700465461 9130 1500 VA EXTENDED BATTERY MODULE MAINT QTY.3

000000000700465487 9130 2000 - 3000 VA EXTENDED BATTERY MODULE MAINT QTY. 1

000000000700465503 9130 BDM FOR 700-1500 VA RACK MOUNT UPS 120V MAINT QTY. 3

000000000700501388 9130 BDM FOR 3000 VA RACK MOUNT UPS 120V MAINT QTY. 1

Utility CMS Full Coverage 24x7

000000000000179470 CMS SUN 880/890/E 3XXX,T5220 G1 ADM AGTS QTY. 250

000000000000179479 CMS Administered Supervisors (minimum 25) QTY. 25

000000000000179490 ODBC - OPEN DATABASE CONNECTIVITY QTY.0

000000000000179491 DISC MIRRORING QTY.0

000000000000179495 HI-AVAILABILITY- SUN ULTRA 5 QTY.0

000000000000224490 SURVIVABLE SERVER - SUN SPARC T5220 QTY.0

00000000000227650 UTILITY MAINT CMS SUN SPARC T5220 V16 QTY.1

Performance Work Statement; Avaya Call System Maintenance

All Avaya Call System maintenance and repair services are to be performed as required for Naval Medical Center Portsmouth and or the following Branch Health Clinics.

Naval Medical Center Portsmouth 620 Paul Jones Circle; Building 3 Portsmouth, Virginia 23708

Scotts Center Pharmacy Norfolk Naval Shipyard 1572 Cluverus Street Portsmouth VA 23704

Norfolk Naval Base Sewell’s Point Medical Branch Health Clinic 1647 Taussig Blvd; Building CD-2 Norfolk, VA 23511

Norfolk Naval Base Sewell’s Point Dental Branch Health Clinic 1647 Taussig Blvd; Building CD-3 Norfolk, VA 23511

1.0 This Performance Work Statement is for maintenance service at Naval Medical Center Portsmouth (NMCP). The contractor shall provide on-site hardware and software support, toll free technical telephone support, and product replacement and/or repair services. This agreement will also allow the contractor/vendor to recommend upgrade to newest-technology at any time. All maintenance shall include updates and patches as required to maintain system optimal operating capacity.

2.0 The selected contractor/vendor must be able to provide full contract support immediately upon award of a resulting order.

2.1 The selected contractor must be a GSA Advantage Authorized Partner with Avaya and listed by Avaya as an authorized partner. Proof of Partnership with Avaya and OEM certifications shall be provided and maintained over the life of the contract. If partnership if discontinued Naval Medical Center Portsmouth must be notified of cancellation date.

Non-Personal Services Contract

3.0 This is a non-personal services contract to provide maintenance service for equipment as listed above. The Government shall not exercise any supervision or control over the contract service providers performing Avaya maintenance services.

Government Furnished Property

4.0 The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform maintenance and service as defined in this PWS except for those items specified as government furnished property and services.

4.1 The contractor shall be responsible for safeguarding all government equipment, information, and property provided for contractor use. At the close of each work period all government facilities, equipment, and materials shall be secured.

Maintenance Support and Repairs

5.0 The service provider for Avaya phone system Emergency Repairs must have capability to provide emergency on-site repairs with qualified OEM technicians. The on-site repair response time by the contractor shall be no more than a 2 hour response time after notification by Naval Medical Center Portsmouth of reported outage.

5.1 The contractor is to provide a 24/7 service support help desk number to the government to request service support when needed. All other service is Monday through Friday 8:00 A.M. - 4:30 P.M. with a 24 hour response time after Government notification.

Maintenance Inspection Requirements

6.0 Contractor shall provide quarterly maintenance inspection for fixed- equipment and repair service for equipment.

6.1 The contractor or vendor will provide a quarterly maintenance signed spreadsheet for all fixed infrastructure equipment which will include a diagnostic test on the fixed equipment to the Information. Management Department multimedia lead technician Key Control

7.0 The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons.

NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the QCP. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost 'or duplicate keys/key cards to the KO

7.1 In the event keys: other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer;-re-key or replace the affected lock or locks; however, the Government will maintain the option to replace the affected lock and or locks or perform re-keying.

7.2 When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or replacement of the lock and or locks it shall be at the expense of the contractor for full dollar amount of costs incurred by the Government

7.3 In the event a master key is lost or duplicated all locks and keys for the system shall be replaced by the Government and the total costs of replacement shall be at the expense of the contractor for full dollar amount of costs incurred by the Government

7.4 The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor's employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

7.5 The contractor shall maintain key and access control at all times Data Rights

8.1 The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright "belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose'. This right does not abrogate any other Government rights.

Organizational Conflicts of Interest

9.0 It is the contractor's responsibility to notify the KO of any potential Organizational .Conflict of Interest (OCI). In the event that an OCI exist the contractor shall propose a Mitigation plan that shall be review and accepted by the KO prior to continuance of the work that presents an OCI. Should the proposed Mitigation Plan not be accepted by the KO, the Government may terminate this contract, disqualify the Contractor from subsequent contractual efforts and pursue any remedies as may be permitted by the law and or this contract.

Hours of Operation

10.0 The contractor is responsible for conducting business, between the hours of 0800 - 1630 Monday thru Friday except Federal holidays or directed facility closings. The contractor must at all times maintain adequate workforce for the uninterrupted performance of all tasks defined in the PWS when the Government facility is not closed. The contractor shall maintain stability and continuity of workforce of qualified OEM technicians Recognized Holidays: New Year's Day Martin Luther King Jr.'s Birthday President's Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

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.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

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.

DELIVERY INFORMATION

30-SEP-2019

RECEIVING OFFICER

54 LEWIS MINOR STREET

BLDG. 250

PORTSMOUTH VA 23708-2297

757-953-5770

N00183

30-SEP-2020

N00183

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

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

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

2 IN 1 SERVICES ONLY

(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.

DESTINATION/DESTINATION

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF

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

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

WAWF Acceptor Email Address:

(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.

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

(End of clause)

Section H - Special Contract Requirements

VENDORMATE

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

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

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

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

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

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

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

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

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.

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.