N0018922Q0399 Pager Support Services.docx

N0018922Q0399

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE STATEMENT OF WORK (PWS)

PAGING SUPPORT SERVICES & MAINTENANCE

for

NAVAL MEDICAL CENTER PORTSMOUTH (NMCP)

1.1 SCOPE

The contractor shall submit a package for service & maintenance for individual pagers both numeric and one way alpha to also include international service and page copy to cell phones 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. The agreement will also allow the ability to upgrade components to newest technology at any time.

The selected vendor shall be able to provide full contract support immediately upon award of a resulting order.

1.2 ASSUMPTIONS

The following assumptions are understood between NMCP Communications Office and the contractor:

· The Contractor shall comply with Federal, State, and Local Laws, plus any Federal Regulations as applicable to the performance of this contract.

· The Contractor shall not accept any instructions issued by any person employed by the U. S. Government, other than: the Contracting Officer or the Communications Division, all acting within the limits of their authority.

· When required, the Contractor shall be qualified / authorized by the Original Equipment Manufacturer (OEM) in the repair of all equipment listed within this contract. Contractor shall maintain current (within 2 years) qualifications throughout entire contract period. The Government shall maintain the right to seek proof of qualification prior to award and anytime during contract period of performance.

· The contractor shall provide all equipment, material handling equipment (i.e., pallet jacks), labor, communications, and anything else required to fulfill this contract.

· The contractor shall have a service location within a 50 mile radius of NMCP in order to respond on-site within 2 hours of an initial service call for designated rooms.

1.3 DUTIES

a. The contractor shall:

· Provide all maintenance services, to include labor, materials, and replacement parts necessary to keep the pagers in full service and satisfactory working condition. Repair of equipment is limited to normal and wear and tear and does not cover damage due to user negligence. All equipment will be maintained in accordance with the manufacturer specifications. Only manufacturer repair parts or equivalent will be used.

· Maintenance shall be performed on existing equipment and on any equipment that has replaced the existing equipment as part of a previous maintenance action.

· The contractor shall provide telephone technical support for service calls and troubleshooting assistance during the hours of 7:00 AM and 4:30 PM during the normal business week and have a 24/7 toll free help line.

1.4 DEPENDENCIES

a. Work Sites: All work under this contract shall be performed at Naval Medical Center Portsmouth and all outlying clinics

b. Equipment

The contractor shall ensure timely maintenance and repair of the equipment covered in this performance statement of work. The government project manager is responsible for coordinating all network-related maintenance/repair and the scheduling of rooms for maintenance and repair. Equipment listed in this contract will be maintained to meet the original equipment manufacturers (OEM’s) specifications.

c. Facilities

The Communications Office is responsible for providing the contractor with facilities and system access. Communications personnel will be responsible for handling any and all security-related issues pertaining to the maintenance and repair of the equipment specified in this statement of work, to include providing escorted or unescorted access to spaces where the work will be performed.

d. Character of Work and Workforce

The work must conform in all respects with the requirements of the contract:

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

· The contractor’s workforce shall be identifiable by picture identification badges which shall be worn and visible on the upper body at all times while on site and will be required to fill out a Criminal History Record Request supplied by the Communications Office for each employee. These must be submitted five business days prior to employees reporting on site. After five business days the Government will issue a temporary security badge and car sticker for the period of employment on site. The Navy reserves the right to approve employees working on site.

· Care of Government Facilities and Property – The contractor shall be responsible for care of the premises. The contractor shall not damage Government property or facilities during the performance of this contract. The contractor shall furnish padding and other protective materials as necessary to preclude damage to hallways, doors, door frames, elevators and building fixtures. If damage does occur, the contractor will be responsible for any necessary repair work to include patching and painting of walls. In addition, the contractor shall remove all contractor-generated debris including boxes, packaging, etc.

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

1.5 DELIVERABLES

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

This contract shall provide for the lease of 1000 alpha numeric (one way) pagers, including air time and maintenance with the following minimum salient characteristics:

1.1. same area code and prefix on all pagers

1.2. numeric pagers should begin with ###-9### series and alpha numeric ###-5### series – or similar (approved numbering by Government)

1.3. keep existing pager numbers (if possible)

1.4. ability to group page with email and website capability for individual groups, i.e. STEMI, Stroke, and IRRT

1.5. page to cell/SMS text forwarding (allows pages to be forwarded to cell phone) for 1,000 subscribers

1.6. page until pick-up (page continually via voicemail every 15 minutes or 5 hours)

1.7. all pagers shall be black in color

1.8. operation with one (1) AA battery or (1) AA battery

1.9. 20 messages slots

1.10. backlight and brightness sensor for auto backlight

1.11. message time-stamping

1.12. numeric retrieval

1.13. alpha numeric (one way retrieval)

1.14. audible tone and silent vibration features

1.15. date/time of day display

1.16. custom greeting for alpha and numeric pagers

1.17. message lock (10 messages slot)

1.18. memory retention; (when the pager is turned off, all pages with time of day remain in memory)

1.19. memory retention (when battery dies pages stay memory)

1.20. memory full display (when 40 messages are stored in memory, a memory full notice is displayed)

1.21. memory full – new message causes the oldest (first) read message to be overwritten. (When read messages are erased, the display returns to the standby screen)

1.22. duplicate message display

1.23. battery low notification both audible and displayed

1.24. retrieval time for pages should be no more than 20 seconds

1.25. zoom feature for display

1.26. 240 character messaging on Alpha pagers

1.27. verification of pages received

1.28. ability to call all pagers (alpha and numeric) at once in an emergency

1.29. nation-wide pagers will be available

1.30. ability to download and use pager application on mobile devices and web

2. All pagers shall be NEW meeting the minimum salient characteristics specified above.

3. A minimum of 25 spare numeric pagers and 50 spare alpha numeric pagers, 25 replacement belt clips for numeric pagers, 50 alpha numeric pager holders (clear in color) and 50 replacement battery covers shall be provided by the contractor at no additional cost to the Government and replenished on a weekly basis, if necessary, at no additional cost to the Government.

4. Alpha Numeric pagers should be the Unication Alpha Elegant/Legend (or equivalent) for our inventory at no charge to the Government.

5. Numeric pagers should be the Unication for our inventory at no charge to the Government.

6. Lost or damaged Alpha and Numeric pager pricing will be negotiated upon prior to award of the contract.

7. The contractor shall allow an unlimited number of pager trade-outs at NO additional cost to the Government. Free shipping and return labels shall be provided. To accomplish trade-outs, the contractor shall provide the following at no additional cost to the Government:

7.1. Access 24 hours a day, 7 days a week to a web based program which allows activations and exchanges on line at no additional costs to the Government.

7.2. Access 24 hours a day, 7 days a week to a local or toll free telephone number for contractor generated trade-outs and service calls (contractor generated trade-outs shall be accomplished in no more than 15 minutes from the receipt of a trade-out requested by the Government).

7.3. Access 24 hours a day, 7 days a week to the contractor’s computer via a local or toll free telephone number for Government generated trade outs (pager trade-outs may be done by either the Government or the contractor at the Government’s discretion).

7.4. Access to a backup contact with a local or toll free telephone number for before and after hour assistance in trade outs and service calls.

8. All inter-related systems such as billing and inventory maintenance shall be real-time. All changes will simultaneously update Government and Contractor web based records.

9. The contract coverage area of the required paging services shall cover the Hampton Roads area extending from North Carolina to Washington DC (all inclusive).

10. The contractor shall notify the Contracting Officer’s Representative (COR) at least five (5) business days in advance of any scheduled system downtime. As follow up the contractor shall provide a written explanation.

11. The contractor shall notify the COR immediately after the onset of unscheduled downtime or outages. As follow up the contractor shall provide a written explanation.

12. The contractor shall perform quarterly inspections on signal strength throughout NMCP buildings and all coverage areas and provide a detailed report of the overall findings.

13. The contractor shall meet the minimum performance standards as stated below:

13.1. No more than 1% of active pagers will be inadvertently disconnected due to vendor error per month.

13.2 . No more than 1% of active pagers will receive garbled messages per month.

13.4. No more than 1% error rate in daily activations, removals and swaps.

14. The contractor shall guarantee 99% system availability of its core paging transmitters on a monthly basis.

15. The contractor shall submit a monthly pager usage report to the COR no later than the tenth calendar day of the following month. The report shall list, in numerical order the following:

15.1. All pagers in use under purchase order

15.2. The number of calls made to each individual pager for that month

16. COMBATTING TRAFFICKING IN PERSON (CTIP) The Department of Defense (DOD) has zero tolerance policy regarding trafficking in persons. FAR Subpart 22.17: Prescribes overall federal regulation implementing 22 U.S.C. 7104 which applies to all acquisitions. Requires Government contracts to (a) Prohibit contractors, contractor employees, subcontractors, and subcontractor employees from engaging in trafficking in persons during the period of performance of the purchase order..

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

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 directive applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance. Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

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

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected N0018922P0234 Page 23 of 29 information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information Assurance Manager. Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain. Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in_process with the Navy Command’s Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N; therefore, the government employee with knowledge of the system/network access required or Bobby Washington (bobby.washington3.civ@mail.mil ) and Sharon Smith (sharon.d.smith130.civ@mail.mil) shall sign the SAAR-N as the “supervisor”. The SAAR-N shall be forwarded to the Navy Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date. When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

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

DENIAL OR TERMINATION OF ACCESS

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

CONTRACTOR’S SECURITY REPRESENTATIVE

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

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

SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product) Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) Original Signed Release Statements

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

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

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

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor’s Security Representative. Although the contractor will take JPAS “Owning” role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract. N0018922P0234 Page 25 of 29

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

Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a FBI fingerprint check prior to installation access.

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

SF-85 Questionnaire for Non-Sensitive Positions Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) Original Signed Release Statements

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

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

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

18. PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION

1. Introduction

In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation,” January 24, 2003, the Business Associate meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Business Associate agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented.

a. Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R.

(1) HITECH Act shall mean the Health Information Technology for Economic and Clinical Health Act included in the American Recovery and Reinvestment Act of 2009.

(2) Individual has the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

(3) Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. N0018922P0234 Page 26 of 29

(4) Protected Health Information has the same meaning as the term “protected health information” in 45 CFR 160.103, limited to the information created or received by the Business Associate from or on behalf of the Government pursuant to the Contract.

(5) Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103.

(6) Required by Law has the same meaning as the term “required by law” in 45 CFR 164.103.

(7) Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

(8) Security Incident will have the same meaning as the term “security incident” in 45 CFR 164.304, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

(9) Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C.

(10) Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304, and 164.501.

b. The Business Associate shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

c. The Business Associate shall use appropriate safeguards to maintain the privacy of the Protected Health Information and to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

d. The HIPAA Security administrative, physical, and technical safeguards in 45 CFR 164.308, 164.310, and 164.312, and the requirements for policies and procedures and documentation in 45 CFR 164.316 shall apply to Business Associate. The additional requirements of Title XIII of the HITECH Act that relate to the security and that are made applicable with respect to covered entities shall also be applicable to Business Associate. The Business Associate agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

e. The Business Associate shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at: http://www.tricare.mil/tmaprivacy/breach.cfm

f. The Business Associate shall report to the Government any security incident involving protected health information of which it becomes aware.

g. The Business Associate shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Business Associate becomes aware.

h. The Business Associate shall ensure that any agent, including a sub Business Associate, to whom it provides Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Business Associate with respect to such information.

i. The Business Associate shall ensure that any agent, including a subBusiness Associate, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

j. The Business Associate shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

k. The Business Associate shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government.

l. The Business Associate shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s compliance with the Privacy Rule.

m. The Business Associate shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

n. The Business Associate shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

2. General Use and Disclosure Provisions

Except as otherwise limited in this Clause, the Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government. The additional requirements of Title XIII of the HITECH Act that relate to privacy and that are made applicable with respect to covered entities shall also be applicable to Business Associate.

3. Specific Use and Disclosure Provisions

a. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.

b. Except as otherwise limited in this Clause, the Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are required by law, or the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

c. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).

d. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).

4. Obligations of the Government

Provisions for the Government to Inform the Business Associate of Privacy Practices and Restrictions

a. The Government shall provide the Business Associate with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520.

b. The Government shall provide the Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Business Associate’s permitted or required uses and disclosures.

c. The Government shall notify the Business Associate of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522. 5.

Permissible Requests by the Government

The Government shall not request the Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Business Associate as otherwise permitted by this clause.

6. Termination

a. Termination. A breach by the Business Associate of this clause, may subject the Business Associate to termination under any applicable default or termination provision of this Contract.

b. Effect of Termination. (1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below

(2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Business Associate shall return or destroy all Protected Health Information received from the Government, or created or received by the Business Associate on behalf of the Government. This provision shall apply to Protected Health Information that agents of the Business Associate may come in contact. The Business Associate shall retain no copies of the Protected Health Information.

(3) If this contract does not have records management provisions and the Business Associate determines that returning or destroying the Protected Health Information is infeasible, the Business Associate shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Business Associate that return or destruction of Protected Health Information is infeasible, the Business Associate shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Business Associate maintains such Protected Health Information.

7. Miscellaneous

a. Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required.

b. Survival. The respective rights and obligations of Business Associate under the “Effect of Termination” provision of this Clause shall survive the termination of this Contract.

c. Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DoD 6025.18-R, DoD 8580.02-R, the HIPAA Privacy Rule or the HIPAA Security

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS FOR SUBMISSIONS OF QUOTERS:

The Government intends to solicit and award on a sole source basis to Spok, Inc. Therefore, the vendor’s initial quote shall contain the vendor's best terms from a price standpoint. The Government reserves the right to conduct exchanges if the Contracting Officer later determines them to be necessary.

1) At the time of solicitation closing date, the quoter shall submit their quote via electronic submittal to gilbert.k.dobison.civ@us.navy.mil. Only electronic submissions shall be accepted.

2) Price quotes will be due on the closing date of subject RFQ and must be held firm for sixty (60) days.

3) Submission of Quotation in addition to FAR 52.212-1, Instructions to Quoters - Commercial Items, the following information is provided. Quotes must include the completed solicitation documents as follows:

· A complete and signed Standard Form 1449, Solicitation/Contract/Order for Commercial Items, and executed copy of Amendments, if applicable, completed by the quoter.

· RFQ Section - Schedule of Supplies/Services - completed by the quoter.

· All supplemental information to support quoted price, to include but not limited to copies of previously paid invoices, sales history for the same or similar items, price list with effective date and / or copies of catalog pages along with any applicable discounts.

· Unless completed in SAM, RFQ Section, Representations, Certifications and Other Statements of Vendors, completed by the vendor completed by the quoter in accordance with FAR 52.204-8 and DFARS 252.204-7007 Alt. A.

Lease of 1000 Alpha Numeric Device

FFP

with state-wide service including airtime and maintenance. The quoted price shall be inclusive of USF and Reguatory fees. Period of Performance 12 August 2022 through 11 August 2023.

FOB: Destination

MILSTRIP: 0011816372

PURCHASE REQUEST NUMBER: 0011816372

PSC CD: W059

NET AMT

Lease of Page Copy to Cell Feature

1000 Alpha Numeric Device. Period of Performance 12 August 2022 through 11 August 2023.

FOB: Destination

MILSTRIP: 0011816372

NET AMT

Lost Alpha Numeric Pagers in accordance with the PWS. Period of Performance 12 August 2022 through 11 August 2023.

FOB: Destination

NET AMT

10 Damaged Alpha Numeric Pagers in accordance with PWS. Period of Performance 12 August 2022 through 11 August 2023.

FOB: Destination

NET AMT

USF- Federal Universal Services in accordance with paragraph 4 of the PWS. Period of Performance 12 August 2022 through 11 August 2023.

FOB: Destination

NET AMT

RS - Federal Telecom Relay Service

Period of Performance 12 August 2022 through 11 August 2023.

FOB: Destination

NET AMT

Onsite-Staff Support

Not to Exceed 28 hours. Period of Performance 12 August 2022 through 11 August 2023.

FOB: Destination

NET AMT

FFP

with state-wide service including airtime and maintenance. The quoted price shall be inclusive of USF and Reguatory fees. FAR 52.217-8 (Option to Extend Services 6 months) Period of Performance 12 August 2023 through 11 February 2024.

FOB: Destination

NET AMT

FFP

1000 Alpha Numeric Device. FAR 52.217-8 (Option to Extend Services 6 months) Period of Performance 12 August 2023 through 11 February 2024.

FOB: Destination

NET AMT

FFP

n accordance with the PWS. FAR 52.217-8 (Option to Extend Services 6 months) Period of Performance 12 August 2023 through 11 February 2024.

FOB: Destination

NET AMT

FFP

in accordance wuith the PWS. FAR 52.217-8 (Option to Extend Services 6 months) Period of Performance 12 August 2023 through 11 February 2024.

FOB: Destination

NET AMT

FFP

FAR 52.217-8 (Option to Extend Services 6 months) Period of Performance 12 August 2023 through 11 February 2024.

FOB: Destination

NET AMT

FFP

FAR 52.217-8 (Option to Extend Services 6 months) Period of Performance 12 August 2023 through 11 February 2024.

FOB: Destination

NET AMT

Onsite-Staff Support

Not to Exceed 14 hours. FAR 52.217-8 (Option to Extend Services 6 months) Period of Performance 12 August 2023 through 11 February 2024.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-JUN-2023

FOB: Destination

11-AUG-2023

DIANA DELUCIA

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708-2197

757-953-0108

N00183

11-AUG-2023

N00183

11-AUG-2023

N00183

11-AUG-2023

N00183

11-AUG-2023

N00183

11-AUG-2023

N00183

11-FEB-2024

N00183

11-FEB-2024

N00183

11-FEB-2024

N00183

11-FEB-2024

N00183

11-FEB-2024

N00183

11-FEB-2024

N00183

11-FEB-2024

N00183

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.