N68908-16-T-0024_Solicitation.docx

N68908-16-T-0024

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

VENDOR INFORMATION:

TIN:

CAGE:

DUNS:

Vendor Point of Contact:

Vendor E-Mail:

NAVY MEDICINE EAST REGIONAL CONTRACTING INFORMATION:

CONTRACT SPECIALIST: Navy Medicine East (NME) Point of Contact:

Keith Andrews / Phone: 757-953-9136 / Email: keith.andrews.civ@mail.mil

NAVAL HEALTH CLINIC CORPUS CHRISTI, TX

POC: / Email:

PHONE: FAX

Vendor to reference contract number N68908-16-T-0024 on all inquiries including invoices and shipping documents.

GSA/VA FSS Contract Number:

GSA/VA SIN:

Expiration Date:

MOL (Maximum Order Limitation):

Minimum Order Limitation:

PROMPT PAYMENT: For Prompt Payment Act purposes, any contract resulting from this solicitation is subject to the 7 calendar-day constructive acceptance period.

Section B - Supplies or Services and Prices

LAUNDRY AND LINEN SERVICE CORPUS CHRISTI

FFP

LAUNDRY AND LINEN SERVICE FOR NAVAL HEALTH CLINIC CORPUS CHRISTI, TX IN ACCORDANCE WITH THE STATEMENT OF WORK. PERIOD OF PERFORMANCE IS 22 FEBRUARY 2016 THROUGH 21 FEBRUARY 2017.

FOB: Destination

MILSTRIP: N0028516RC09Q09

NET AMT

LAUNDRY AND LINEN SERVICE KINGSVILLE

FFP

LAUNDRY AND LINEN SERVICE FOR NAVAL HEALTH CLINIC KINGSVILLE, TX IN ACCORDANCE WITH THE STATEMENT OF WORK. PERIOD OF PERFORMANCE IS 22 FEBRUARY 2016 THROUGH 21 FEBRUARY 2017.

NET AMT

FFP

LAUNDRY AND LINEN SERVICE FOR NAVAL HEALTH CLINIC CORPUS CHRISTI, TX IN ACCORDANCE WITH THE STATEMENT OF WORK. PERIOD OF PERFORMANCE IS 22 FEBRUARY 2016 THROUGH 21 FEBRUARY 2017.

NET AMT

FFP

LAUNDRY AND LINEN SERVICE FOR NAVAL HEALTH CLINIC KINGSVILLE, TX IN ACCORDANCE WITH THE STATEMENT OF WORK. PERIOD OF PERFORMANCE IS 22 FEBRUARY 2016 THROUGH 21 FEBRUARY 2017.

NET AMT

FFP

LAUNDRY AND LINEN SERVICE FOR NAVAL HEALTH CLINIC CORPUS CHRISTI, TX IN ACCORDANCE WITH THE STATEMENT OF WORK. PERIOD OF PERFORMANCE IS 22 FEBRUARY 2016 THROUGH 21 FEBRUARY 2017.

NET AMT

FFP

LAUNDRY AND LINEN SERVICE FOR NAVAL HEALTH CLINIC KINGSVILLE, TX IN ACCORDANCE WITH THE STATEMENT OF WORK. PERIOD OF PERFORMANCE IS 22 FEBRUARY 2016 THROUGH 21 FEBRUARY 2017.

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

(a) GENERAL REQUIREMENTS. These technical provisions specify work, to be accomplished for laundry/linen services at the Naval Health Clinic Corpus Christi, Texas and the Branch Health Clinic at Naval Air Station, Kingsville, Texas.

(b) ACCESS, The Contracting Officer or his designated representative shall, at all reasonable times, have access to the contractor’s premises wherein work is to be performed, for the purposes of inspection of services provided hereunder.

(c) LAUNDRY OPERATION. All work under this contract shall be accomplished in accordance with the following:

(d) Bacteriological Count. The Government, on finished linen at the point of delivery, shall accomplish the bacteriological count. The count shall not exceed ten (1) colonies per rodac plate with an absence of staphylococcus aureus or coliform organism. Linen exceeding this count or containing the forgoing organisms will be returned to the contractor for correction at no additional cost to the Government. If such correction is not accomplished at the next delivery, the matter will be referred to the Contract Administration office identified on the face page of the contract for resolution. A germicidal textile agent shall be used in the final rinse as additional protection against bacterial growth.

(e) Tensile Strength Loss. Tensile strength measurement shall be performed by the contractor in accordance with standard procedures of the American Institute of Laundering. Results of these tests shall be available for examination upon request by the government and shall not exceed ten percent (10%).

(f) Whiteness retention. Whiteness retention measurement shall be performed by the contractor in accordance with standard procedures of the American Institute of Laundering. Results of the test shall be available for examination upon request by the Government and shall be, between 96% and 100%.

(g) Linen Stains, The contractor shall take special action consistent with professional laundry management techniques to identify and remove all stains on linens. These procedures may require selected items to be subjected to additional flushes or complete washing cycles. All linen shall be free of stains prior to delivery unless acceptable methods of removal have been unsuccessful. Stained linen may be collected by the Government and subject to spot cleaning by the contractor.

(h) FLATWORK IRONING AND PRESSING All flatwork shall be machine finished so that surfaces are smooth and without rough-dry spots or tails. The pressing and finishing operations for items shall be accomplished in accordance with industry standards. Polyester/cotton blend garments may be tumble-dried or processed through steam tunnels, steam air finisher or pressed on a dry cleaning type press (whichever is appropriate to obtain desired finish) and then placed in bundles.

(i) Flatwork finished linen shall be washed, dried, pressed, folded, and quantity packaged according to items and color. Flatwork finished items include but are not limited to sheets, pillowcases, hand towels, surgical wrappers and tablecloths.

(j) ROUGH FINISH AND OTHER LINENS. Rough finished linens shall be washed, dried, pressed, folded, and quantity packaged according to item. Rough finished items include bath towels and mats, blankets, spreads and laundry bags.

(k) Items such as coats, gowns, scrub shirts and pants and other outerwear apparel will be finished (ironed) so that all surfaces are smooth and free of wrinkles. After pressing, coats, gowns, outerwear including shirts and scrub pants, items will be hung on hangers.

(l) HANDLING OF CONTAMINATED LINEN. The contractor must have regulations regarding transportation and handling of contaminated linens. The contractor shall use appropriate procedures and equipment to control the spread of the spread of infectious diseases.

(m) The Contractor must ensure that all polyester and cotton blend linens meet the static generation limitation requirements set forth in National Fire Protection Association (NFPA) Standard 56A. All new polyester and cotton linen, when identified, shall be laundered with suitable ionizing agent.

(n) All clean linen shall be properly packaged for protection from contamination in accordance with requirement of the Joint Commission.

(o) Carts or other equipment used to transport soiled linen shall not be used to transport clean processed linen unless the contractor has sanitized them in accordance with Joint Commission requirements.

(p) QUALITY STANDARDS. Laundry services hall be provided in accordance with the current Joint Commission requirements, including collection and delivery with the consonance with the best practices of the laundry industry. The contractor, in the provision of laundry services must maintain the following quality standards.

a. All articles furnished herein shall be of good quality, laundered clean and suitable for the purpose intended.

b. Fabrics shall be free of all removable soil and stains. A government representative, before acceptance, must approve linen with non-removable spots and stains.

c. All work shall be entirely clean, dry and free of lint.

d. All fabrics shall be bright and all colored fabrics shall be clearly defined.

e. All linen shall be free of objectionable odors.

f. Care shall be exercised to ensure the shrinkage of fabrics is no greater than that which can be termed “natural shrinkage”. Special attention must be paid in the prevention of shrinkage for itms composed of animal fabrics such as wool or silk.

15. DELIVERY TICKETS. Delivery tickets shall be completed at the time of receipt of articles picked up and/or delivery identifying the count and kind of article agreed upon as a result of a joint count by the contractor and the Government point of contact. One copy of each ticket shall be provided to the Government and one copy of each ticket shall accompany the contractor’s proper invoice.

16. TORN LINEN/UNSERVICEABLE ARTICLES. The contractor shall be responsible for repairing/replacing laundry and/or linen lost or damaged while in its possession. All repaired linen will be laundered after repair and prior to return.

Repairs shall be restricted to open seams, mall holes or tears, replacement of hooks and pile fastener tape and replacement of slide fasteners. Only high temperature resistant polyamide cloth (MIL-D-81280) and high temperature resistant nylon thread (MIL-T-83193) shall be used of repairs.

17. REPLACEMENT COST. Any article lost or damaged by the contractor that Naval Health Clinic Corpus Christi, Texas shall be subject to the following replacement coast as follows: If the contractor decides to buy Naval Health Clinic Corpus Christi, Texas Linen Inventory or if the contract is written to rent linen from the contractor this replacement cost for linen will not apply.

18: PASSES AND BADGES. All contractor delivery employees required to pick-up and deliver linens on Government installations shall retain required vehicle passes.

19: STATION SECURITY/SAFETY REGULATIONS. The contractor and its delivery employees shall become acquainted with and comply with all base regulations as posted or ad describe in the contract.

20: VEHICLES. All contractor-owned vehicles shall be indentified with contractor’s name so that it is clearly visible and shall at all times display a valid license plate and safety inspection sticker. Vehicles used for transportation shall be designed to insure adequate protection of laundered /linen as outlined under Joint Commission requirements.

21: PERMITS. The contractor shall obtain all appointments licenses and permits required to access NAS Corpus Christi for the execution of the work and comply with all federal, state, and local laws. The contractor shall provide evidence of these permits and licenses upon request.

22: DELIVERY: Deliveries shall be made in accordance with the scheduled times and days agreed upon by the Contractor and our Government Linen person or persons.

LOCATION PICKUP/Delivery Day’s Corpus Christi, TX MONDAY THROUGH FRIDAY Naval Health Clinic Corpus Christi, 10651 E Street, Building H100, Corpus Christi, Texas, 78419.

Kingsville, TX MONDAY THROUGH FRIDAY Branch Health Clinic Kingsville, 730 Forrestal Drive, Building 3775, Kingsville Texas, 78363

SERVICE SOLICITATION NOTES

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provide in this contact the quality of services rendered hereunder shall conform to Joint Commission Standards and Naval Health Clinic Policies and Procedures. All services shall be rendered by or supervised directly by individuals qualified in the relevant profession, trade, or field who hold any licenses required by law.

EMPLOYMENT OF THE DEPARTMENT OF DEFENSE PERSONNEL.

In performing this contract, the contractor will not use as a consultant or employ (on either a full time or part-time basis) any personnel (civilian or military) who are employed within the Department Of Defense (DoD) without the prior approval of the Contracting Officer. Such approval may be given only in circumstances in which it is clear that no laws and no DoD or Navy instructions, regulations, or policies might possibly be contravened, and no appearance of a conflict of interest will result.

PREPARATION FOR DELIVERY

Data furnished hereunder shall be adequately packaged to assure safe delivery at destination In the event it becomes necessary to transmit classified matter by mail, the transmittal shall be in accordance with DoD industrial security regulation (DD522.22R)

PLACE OF DELIVERY/PERFORMANCE

The services to be furnished under this contract shall be completed at the commands specified in Navy Region Southeast, in accordance with the statement of work.

LIABILITY, AUTOMOBILE, AND WORKEN’S COMPENSATION INSURANCE

The following types of insurance are required in accordance, with entitled “INSURANCE-WORK ON GOVERNMENT INSTALLATION” FAR 52.228-5 and shall be maintained in the minimum amount shown:

(A) Comprehensive General Liability: $200,000 per person and $50,000 per accident for bodily injury.

(B) Automobile Insurance $200,000 per person and $500,000 per accident for bodily injury and $20,000 per accident for property damage.

(C) Standard Workmen’s compensation and Employer’s Liability Insurance (or, where maritime employment is involved “Longshoremen” and “Harbor Worker” Compensation Insurance) in the minimum amount of $100,000.

FREEOM OF INFORMATION ACT

UNIT PRICES

Contractor unit prices, when incorporated into a Government contract, will be released under the Freedom of Information act (FOIA) without further notice to the contractor submitter. If the Contractor takes issue with the release, it should submit its proposal data with the appropriate legends and explain in detail why such data cannot be release as a public record under the Freedom of Information Act.

ORDERING OFFICER

The following person is designated as ordering officer for this contract:

Mr. Brian S. Manley Naval Health Clinic Corpus Christi 10651 E Street Corpus Christi, Texas 78419 Phone: 361-961-2665 E-mail: brian.s.manley2.civ@mail.mil

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

21-FEB-2017

BRIAN S. MANLEY

10651 E STREET

CORPUS CHRISTI TX 78419-5131

361-961-2665

N00285

21-FEB-2017

N00285

21-FEB-2018

N00285

21-FEB-2018

N00285

21-FEB-2019

N00285

21-FEB-2019

N00285

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

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

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

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

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

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

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

Brian.manley2@med.navy.mil

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

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

usn.detrick.navmedlogcomftdmd.list.nmlc-wawf@mail.mil

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

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

Section H - Special Contract Requirements

INFORMATION ONLY: This document has been designated for posting to the Navy Electronic Commerce Online (NECO) at https://www.neco.navy.mil

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.

(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 Rule.

Service Contracts General (Ref NMCARS 5237.102)

The contractor shall report ALL 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. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil .

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil."

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within ten days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR Clauses http://acquisition.gov/comp/far/index.htm

DFAR Clauses http://www.acq.osd.mil/dpap/dars/dfars/index.htm

252.203-7998 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2015-O0010) (FEB 2015)

(a) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

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

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-O0010)(FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

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