COMBINED_SYNOPSIS.docx
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- Video Tele-Conference System - NHP and NBHC
- Solicitation number
- N68908-16-T-0189
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N68908-16-T-0153
Naval Medical Center Portsmouth, Portsmouth, VA intends to award a Firm-Fixed Price contract for Video Tele-conference equipment and installation. The Place of performance is Naval Hospital Pensacola, FL.
This is a combined synopsis/solicitation. This announcement constitutes the only solicitation; quotes are being requested and the intent is to award a purchase order for the supplies. This requirement is reserved Total Small business.
Interested persons may identify their interest and capability to respond to the requirement or submit a quote. This notice of intent is a request for competitive quotes. All quotes received prior to Sep 30, 2016, 11:00 a.m. EST will be considered by the Government. The North American Industrial
Section Supplies or Services and Price
Section Supplies or Services and Price
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
$0.00
VTC NAVAL HEALTH CLINIC PENSACOLA
FFP
VTC EQUIPMENT FOR NAVAL HEALTH CLINIC PENSACOLA
FOB: Destination
PURCHASE REQUEST NUMBER: N0020316RCT0001
| NET AMT |
| $0.00 |
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AA
| 1 |
| Each |
| $ |
| $ |
POLYCOM, DMA APPLIANCE EDITION FOR UCAPL
POLYCOM, DMA APPLIANCE EDITION FOR UCAPL - 50 CALL LICENSES. 15230-76513-000
| NET AMT |
| $ |
CIN: N0020316RCT00010001AA
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AB
| 2 |
| Each |
| $ |
| $ |
RACK SERVER 220
RACK SERVER 220
| NET AMT |
| $ |
CIN: N0020316RCT00010001AB
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AC
| 1 |
| Each |
| $ |
| $ |
DMA APPLIANCE EDITOR FOR UCAPL - BASE SO
DMA APPLIANCE EDITOR FOR UCAPL - BASE SOFTWARE LICENSE, DVD FOR DMA 6.0. 15230-76500-000
| NET AMT |
| $ |
CIN: N0020316RCT00010001AC
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AD
| 2 |
| Each |
NSP
POLYCOM POWER CORD FOR US, USED IN DMA;
POLYCOM POWER CORD FOR US, USED IN DMA; RPAD; RPCS; RPRM & RPMM.
NET AMT
CIN: N0020316RCT00010001AD
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AE
| 1 |
| Each |
| $ |
| $ |
RPRM APPLIANCE EDITION FOR UCAPL - BASE
RPRM APPLIANCE EDITION FOR UCAPL - BASE SOFTWARE LICENSE, DVD FOR RPRM 7.3. 15230-72600-000
| NET AMT |
| $ |
CIN: N0020316RCT00010001AE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AF
| 1 |
| Each |
| $ |
| $ |
RPRM APPLIANCE EDITION FOR UCAPL - BASE
RPRM APPLIANCE EDITION FOR UCAPL - BASE SOFTWARE LICENSE, DVD FOR RPRM 7.3. 15230-72613-000
| NET AMT |
| $ |
CIN: N0020316RCT00010001AF
$50.00
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AG
| 12 |
| Each |
| $ |
| $ |
REALPRESENCE GROUP 500-720P: GROUP 500 H
REALPRESENCE GROUP 500-720P: GROUP 500 HD CODEC. EAGLEEYEIV - 12S CAMERA, MIC ARRAY, UNIV REMOTE . HTSC/PAL CABLES: 2 HDMI l.8M, 1 CAT S E LAN 3.6M, 1 HDCI DIGITAL 3M, POWER: AMER-TYPEB, NEMA 5-15. 17200-64250 -001
| NET AMT |
| $ |
CIN: N0020316RCT00010001AG
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AH
| 1 |
| Each |
| $ |
| $ |
70" LED, HDTV, 1080P, 120HZ 240AQUOMOTIF
70" LED, HDTV, 1080P, 120HZ 240AQUOMOTIFION , WIFI, SMART, 3-HDMI, 1-USB, MHL, RS-232. SHARP LC- 70LE661U
| NET AMT |
| $ |
CIN: N0020316RCT00010001AH
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AJ
| 2 |
| Each |
NSP
CEILING MICROPHONE ARRAY WITH PHOENIX C
CEILING MICROPHONE ARRAY WITH PHOENIX CONNECTORS , WHITE. CLEARONE 910-001-013-W
NET AMT
CIN: N0020316RCT00010001AJ
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AK
| 1 |
| Each |
| $ |
| $ |
IMPLEMENTATION SERVICE, DMA 7000
IMPLEMENTATION SERVICE, DMA 7000
| NET AMT |
| $ |
CIN: N0020316RCT00010001AK
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AL
| 2 |
| Each |
| $ |
| $ |
INSTALLATION POLYCOM HDX 8000 SER1ES COD
INSTALLATION POLYCOM HDX 8000 SER1ES CODEC W/MOUNT
| NET AMT |
| $ |
CIN: N0020316RCT00010001AL
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AM
| 1 |
| Each |
| $ |
| $ |
IMPLEMENTATION SERVICE FOR RESOURCE MANA
IMPLEMENTATION SERVICE FOR RESOURCE MANAGER
| NET AMT |
| $ |
CIN: N0020316RCT00010001AM
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AN
| 4 |
| Each |
| $ |
| $ |
INSTALLATION POLYCOM REALPRESENCE GROUP
INSTALLATION POLYCOM REALPRESENCE GROUP SER1ES CODEC
| NET AMT |
| $ |
CIN: N0020316RCT00010001AN
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AP
| 3 |
| Each |
| $ |
| $ |
INSTALLATION DISPLAY 70" W/MOUNT
INSTALLATION DISPLAY 70" W/MOUNT
| NET AMT |
| $ |
CIN: N0020316RCT00010001AP
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AQ
| 2 |
| Each |
| $ |
| $ |
5 DAY PR1VATE TRAINING SESSION FOR EXIST
5 DAY PR1VATE TRAINING SESSION FOR EXISTING TRAINING COURSE. TOPIC TO BE SELECTED UPON CONTRACT ASSIGNMENT. 4864-05101-005
| NET AMT |
| $ |
CIN: N0020316RCT00010001AQ
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AR
| 2 |
| Each |
| $ |
| $ |
SHIPPING FORM RMX 1500, RSS 200 , DMA,
SHIPPING FORM RMX 1500, RSS 200 , DMA, CMA, RPRM, RPAD OR RPCS800S
| NET AMT |
| $ |
CIN: N0020316RCT00010001AR
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AS
| 3 |
| Each |
| $ |
| $ |
REMOVAL OF 70" MONITOR IN CO CONFERENCE
REMOVAL OF 70" MONITOR IN CO CONFERENCE ROOM AND DFA CONFERENCE ROOM
| NET AMT |
| $ |
CIN: N0020316RCT00010001AS
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AT
| 1 |
| Each |
| $ |
| $ |
PREMIER SOFTWARE SERVICE, 8X5, ONE YEAR,
PREMIER SOFTWARE SERVICE, 8X5, ONE YEAR, DMA APPLIANCE EDITION - BASE SOFTWARE LICENSE
| NET AMT |
| $ |
CIN: N0020316RCT00010001AT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AU
| 1 |
| Each |
| $ |
| $ |
PREMIER SOFTWARE SERVICE, 8X5 , ONE YEAR
PREMIER SOFTWARE SERVICE, 8X5 , ONE YEAR , DMA APPLIANCE EDITION - 50 CALL LICENSE
| NET AMT |
| $ |
CIN: N0020316RCT00010001AU
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AV
| 1 |
| Each |
| $ |
| $ |
PREMIER SOFTWARE SERVICE, ONE YEAR, R220
PREMIER SOFTWARE SERVICE, ONE YEAR, R220 SERVER - NO SOFTWARE
| NET AMT |
| $ |
CIN: N0020316RCT00010001AV
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AW
| $ |
| $ |
PREMIER SOFTWARE SERVICE, 8X5, ONE YEA
PREMIER SOFTWARE SERVICE, 8X5, ONE YEAR, RPRM APPLIANCE EDITION -BASE SOFTWARE LICENSE , DVD
| NET AMT |
| $ |
CIN: N0020316RCT00010001AW
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AX
| 1 |
| Each |
| $ |
| $ |
PREMIER SOFTWARE SERVICE, 8X5, ONE YEAR,
PREMIER SOFTWARE SERVICE, 8X5, ONE YEAR, RPRM APPLIANCE EDITION - 50 DEVICE LICENSES. 4870-72613-442
| NET AMT |
| $ |
CIN: N0020316RCT00010001AX
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AY
| 1 |
| Each |
| $ |
| $ |
PREMIER SOFTWARE SERVICE, ONE YEAR, R220
PREMIER SOFTWARE SERVICE, ONE YEAR, R220 SERVER - NO SOFTWARE
| NET AMT |
| $ |
CIN: N0020316RCT00010001AY
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AZ
| 12 |
| Each |
| $ |
| $ |
PREMIER SOFTWARE SERVICE, ONE YEAR, REA
PREMIER SOFTWARE SERVICE, ONE YEAR, REALPRESENCE GROUP 500-720P: GROUP 500 HD CODEC, EAGLEEYEIV-12X CAMERA. 4870-64250-160.
| NET AMT |
| $ |
CIN: N0020316RCT00010001AZ
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001BA
| 2 |
| Each |
| $ |
PREMIER SOFTWARE SERVICE, ONE YEAR, HDX
PREMIER SOFTWARE SERVICE, ONE YEAR, HDX 8000 SERIES
| NET AMT |
| $ |
CIN: N0020316RCT00010001BA
VENDOR INFORMATION
Contractor Information:
TIN:
DUNS:
CAGE CODE:
POC:
PHONE:
EMAIL:
Naval Hospital Pensacola Contact Information:
POC:
EMAIL:
Naval Medicine East Contracting Contact Information:
POC: Keith Andrews EMAIL: keith.andrews.civ@mail.mil
Billing/Payment Vendor Invoice
See Clause 252.232-7006 for WAWF Payment Information
Prompt Payment For Prompt Payment Act Purposes, this contract is subject to the 7 calendar-day constructive acceptance period.
Contractor shall reference contract number N68908-16-T-0153 on all inquires including invoices and shipping documents.
STATEMENT OF WORK
Naval Hospital Pensacola
Video Tele-Conference System - NHP and NBHC Requisition No.
N0020316RCT0001
1. Background: The effort required hereunder shall be performed in accordance with the Statement of Work. This requirement is for the Installation, Maintenance Agreement and Support Coverage for the Video Teleconferencing (VTC) Systems under the enclave currently located within the custodial of Management Intonations Department (MID) at Naval Hospital Pensacola (NHP), Florida
2. Scope of Work: The vendor selected to satisfy this requirement shall:
a. Provide all equipment/materials listed under "Deliverables", to meet or exceed minimum performance required for VTC system. Items listed under "Government Furnished Equipment" (GFE) are provided by MID, Naval Hospital Pensacola.
b. Provide an application and tools needed to properly manage the Video Teleconferencing (VTC) Systems and or components associated within the Support Agreement: The Contractor shall provide all personal, equipment/materials, installation support, facilities and services required to complete VTC equipment installation, teclmical and maintenance support in accordance with manufacturer warrantees of existing VTC equipment. Equipment and materials will be provided under manufacturer warrantees or owner furnished equipment by the government when specified. Contractor shall also provide Help Desk Teclmical support (24 hour x 7 days a week x 365 days), which shall include: installing all primary equipment and supporting equipment, software upgrades and emergency equipment repairs or replacement services in accordance with manufacturer warrantees and this Statement of Work (SOW).
The Contractor shall provide a toll-free number that com1ects customers to Help Desk support Mon-Fri, 0700-1630 hours for problem identification.
resolution. The Help Desk shall initiate the trouble shooting process and determine the level of teclmical support required to correct the discrepancy. The Contractor shall respond to the Site Facilitator through the Help Desk within 4 hours after receiving a trouble call via telephone, or e-mail, in order to respond to system notification issues and to detennine the level of technical and Tier support required to correct the discrepancy. The Contractor shall coordinate with the Site Facilitator to dete1mine if government furnished equipment/materials are available onsite prior to arrival to minimize lost time or if the Contractor needs to provide the necessary equipment/materials in accordance with (IAW) manufacturer warrantees.
c. Onsite maintenance, repair and/or replacement of hardware will be provided within an agreed time period when a problem cannot be remedied with the assistance of Help Desk Teclmical Support. A Video Teleconferencing (VTC) authorized service engineer with the appropriate security clearance will be dispatched to the site to resolve hardware and software issues. Maintenance Engineers will work in concert with NHP MID personnel to provide the fastest possible problem resolution.
| Equipment |
| Part Number |
| Quantity |
POLYCOM, DMA APPLIANCE EDITION FOR UCAPL - 50 CALL LICENSES
15230-76513-000
RACK SERVER 220
| 2200-70220-000 |
| 2 |
DMA APPLIANCE EDITOR FOR UCAPL - BASE SOFTWARE LICENSE, DVD FOR DMA 6.0
15230-76500-000
POLYCOM POWER CORD FOR US, USED IN DMA; RPAD; RPCS; RPRM & RPMM
RPRM APPLIANCE EDITION FOR UCAPL - BASE SOFTWARE LICENSE, DVD FOR RPRM 7.3
15230-72600-000
RPRM APPLIANCE EDITION FOR UCAPL - BASE SOFTWARE LICENSE, DVD FOR RPRM 7.3
15230-72613-000
REALPRESENCE GROUP 500-720P: GROUP 500 HD CODEC. EAGLEEYEIV - 12S CAMERA, MIC ARRAY, UNIV REMOTE . HTSC/PAL CABLES: 2 HDMI l.8M, 1 CAT S E LAN 3.6M, 1 HDCI DIGITAL 3M, POWER: AMER-TYPEB, NEMA 5-15.
17200-64250 -001 12 1
70" LED, HDTV, 1080P, 120HZ 240AQUOMOTIFION , WIFI, SMART, 3-HDMI, 1-USB, MHL, RS-232
CEILING MICROPHONE ARRAY WITH PHOENIX CONNECTORS , WHITE
CLEARONE 910-
001-013-W
SERVICES
IMPLEMENTATION SERVICE, DMA 7000
, 1
INSTALLATION POLYCOM HDX 8000 SER1ES CODEC W/MOUNT
IMPLEMENTATION SERVICE FOR RESOURCE MANAGER
INSTALLATION POLYCOM REALPRESENCE GROUP SER1ES CODEC
INSTALLATION DISPLAY 70" W/MOUNT
5 DAY PR1VATE TRAINING SESSION FOR EXISTING TRAINING COURSE. TOPIC TO BE SELECTED UPON CONTRACT ASSIGNMENT.
4864-05101-005
SHIPPING FORM RMX 1500, RSS 200 , DMA, CMA, RPRM, RPAD OR RPCS800S
REMOVAL OF 70" MONITOR IN CO CONFERENCE ROOM AND DFA CONFERENCE ROOM.
MAINTENANCE
PREMIER SOFTWARE SERVICE, 8X5, ONE YEAR, DMA APPLIANCE EDITION - BASE SOFTWARE LICENSE
PREMIER SOFTWARE SERVICE, 8X5 , ONE YEAR , DMA APPLIANCE EDITION - 50 CALL LICENSE
PREMIER SOFTWARE SERVICE, ONE YEAR, R220 SERVER - NO SOFTWARE
PREMIER SOFTWARE SERVICE, 8X5, ONE YEAR, RPRM APPLIANCE EDITION -BASE SOFTWARE LICENSE , DVD
PREMIER SOFTWARE SERVICE, 8X5, ONE YEAR, RPRM APPLIANCE EDITION - 50 DEVICE LICENSES
PREMIER SOFTWARE SERVICE, ONE YEAR, R220 SERVER - NO SOFTWARE
PREMIER SOFTWARE SERVICE, ONE YEAR, REALPRESENCE GROUP 500-720P: GROUP 500 HD CODEC, EAGLEEYEIV-12X CAMERA
PREMIER SOFTWARE SERVICE, ONE YEAR, HDX 8000 SERIES
Installation:
I. Contractor shall uninstall, label, and package HDX 8000 and all supporting cabling and equipment from CO Conference Room (Room 3020) and 1050 Conference Room (Room D1050).
11. HDX 8000 and all supporting cabling and equipment shall be installed in NHBC Gulfport and NHBC Mid-South as identified in Section 4, paragraphs b and c.
111. Contractor shall un-mount two (2) 70" displays from CO Conference Room (Room 3020). Display located on the right side, while facing the display, will be installed in Quality Management Conference Room (Room 6044).
Display located on the left side, while facing the display, will be installed in DFA Conference Room (Room 3042).
1v. New 70" display shall be installed in DBC Conference Room (Room 3049C).
v. Group 500 HD Codec with all supporting cabling and equipment shall be installed in the location identified in Section 4, paragraph a.
vi. Ceiling microphones (GFE) in 1050 Conference Room (Room D1050) are to be removed , label, and packaged with HDX 8000 equipment removed from that room.
vu. Ceiling microphones with phoenix c01mectors shall be install symmetrically.
Locations
a. Naval Hospital Pensacola Rooms: D1050, 6044, 3049C, 3042 Management Infom1ation Department 6000 W 98 Hwy Pensacola, FL 32512
b. Naval Branch Health Clinic Gulfport Management Infonnation Department 5501 Marvin Shields Blvd Gulfport, MS 39501
c. Naval Health Branch Clinic Mid-South Management Infonnation Department 5722 Integrity Dr.
Millington, TN 38054
CLAUSES INCORPORATED BY REFERENCE
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.203-7997 (Dev) |
| Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003) |
| OCT 2015 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7008 |
| Compliance With Safeguarding Covered Defense Information Controls |
| DEC 2015 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting. |
| DEC 2015 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| MAY 2016 |
| 252.211-7003 |
| Item Unique Identification and Valuation |
| MAR 2016 |
| 252.223-7006 |
| Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials |
| SEP 2014 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic (Aug 2016) |
| AUG 2016 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| AUG 2016 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Invoice and Receiving Report Combo
(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
| Pay Official DoDAAC | HQ0248 | ||
| Issue By DoDAAC | N68908 | ||
| Admin DoDAAC | N68908 | ||
| Inspect By DoDAAC | NA | ||
| Ship To Code | NA | ||
| Ship From Code | NA | ||
| Mark For Code | NA | ||
| Service Approver (DoDAAC) | NA | ||
| Service Acceptor (DoDAAC) | N00203 | ||
| Accept at Other DoDAAC | NA | ||
| LPO DoDAAC | N00203 | ||
| DCAA Auditor DoDAAC | NA | ||
| Other DoDAAC(s) | NA |
(*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.
.civ@mail.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
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2015 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.209-11 |
| Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law |
| FEB 2016 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
Evaluation Factors. The following factors will be evaluated:
Award will be made using Lowest Price Technically Acceptable (LPTA) evaluation criteria. Award will be made to the offeror that proposes the lowest priced offer with a technically acceptable approach. Technical acceptability will be determined through an evaluation of the offeror’s technical proposal. In addition, offerors must possess a record of acceptable past performance.
Except for communications conducted for the purpose of minor clarification, the Government intends to evaluate proposals and award a contract without discussions. Therefore, each initial offer should contain the offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary.
Evaluation Factors. The following factors will be evaluated:
Factor 1. Technical Merit. Technical merit ratings reflect the Government’s confidence in each offeror’s ability, as demonstrated in its proposal, to perform the requirements stated in the solicitation. In evaluating the proposal risk, the Government will make an independent judgment of the probability of success, the impact of failure and the alternatives available to meet the requirements.
1. Technical Merit shall be based on:
a. The contractor’s approach to meet the requirements of the SOW.
b. The effectiveness of the approach to recruit and retain qualified personnel.
c. The capability of the plan to provide uninterrupted services in the case of employee turnover.
2. Page Limitation: The Technical Proposal shall be limited to no more than 3 pages. All copies that exceed the set page limitation shall be removed and not evaluated.
The following adjectival ratings will be used in evaluating each offeror’s technical proposal.
Technical Acceptable/Unacceptable Ratings
| Rating |
| Description |
| Acceptable |
| Proposal clearly meets the minimum requirements of the solicitation. |
| Unacceptable |
| Proposal does not clearly meet the minimum requirements of the solicitation. |
Note: To receive consideration for award, a rating of acceptable must be achieved in all technical factors.
FACTOR 2. Past Performance. The offeror’s performance will be rated in terms of acceptability. A performance rating of acceptable or unacceptable will be assigned dependent upon the evaluator’s assessment of the level of confidence in the offeror’s performance record. Past Performance will be evaluated based on assessments of the performance under current and prior contracts for the last five years. The offeror is to submit 3 past performance surveys.
The information which will be used for evaluation will be obtained from those presented in the Offer’s past performance documentation, the Past Performance Information Retrieval System (PPIRS) www.ppirs.gov, FAPIIS, CPAR, and any other sources. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror’s past performance record has been deleted, misrepresented, or withheld. Past performance surveys should be based upon performance of like services to those in this solicitation.
If adverse past and present performance information is obtained, the respective point of contact may be contacted to obtain additional information about the circumstances surrounding the situation. Offerors will be given an opportunity to address unfavorable reports of past and present performance to which the offeror has not had a previous opportunity to respond. The offeror's response, or lack thereof, will be taken into consideration.
The following adjectival ratings will be used in evaluating each offeror’s past performance proposal.
Past Performance Evaluation Ratings
| Rating |
| Description |
| Acceptable |
| Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.) |
| Unacceptable |
| Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. |
Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”
FACTOR 3. Price
The purpose of the price factor is to determine if the proposed price is fair and reasonable. In no event will the Government make an award against an offer that the Government does not find to be fair and reasonably priced.
Price will be evaluated based on total value of the contract.
PAST PERFORMANCE QUESTIONNAIRE
CONTRACTOR PERFORMANCE EVALUATION SURVEY
CONTRACTOR NAME: CONTRACT NUMBER:
EVALUATION PERIOD: DELIVERY ORDER NO.:
1. Please describe the service/supply provided by the Contractor for your firm.
2. Please provide ratings and comments regarding the Contractor’s performance in each area below using the following ratings: Exceeds Satisfactory (E), Satisfactory(S), or Unsatisfactory (U). See next page for definition of ratings. For ratings of “Exceeds Satisfactory” or “Unsatisfactory,” please provide a brief explanation.
| EXCEEDS SATISFACTORY |
| SATISFACTORY |
| UNSATISFACTORY |
OVERALL PAST PERFORMANCE RATING
Please provide an overall rating of the contractor’s past performance for the referenced contract/delivery order.
a.) Quality of Product or Service:
Conformance to contract requirements, appropriateness of personnel, accuracy of reports, and technical excellence.
b.) Timeliness or Scheduling of Service/Deliveries:
Timeliness of performance, met interim milestones, reliable, responsive to technical and contractual direction as to scheduling.
c.) Business Relations/Customer Satisfaction
Effective management, prompt notification of problems, reasonable/cooperative behavior, proactive, timely award and management of subcontracts, effective small business/small disadvantaged business subcontracting program and satisfaction with Contractor’s service.
d.) Key Personnel and Staffing (Including Subcontractors)
Quality of key personnel and how well key personnel managed their potion of the contract.
e.) Cost Control (COST CONTRACTS ONLY)
Actual cost/rates reflect closely to negotiated cost/rates, adequate budgetary internal controls, current, accurate and complete billings.
3. Would you hire this contractor to provide services for your organization in the future? Please provide comments using additional pages if desired.
Signed:__________________________________
| 52.212-3 |
| Offeror Representations and Certification--Commercial Items |
| JUL 2016 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| MAY 2015 |
| 52.212-5 (Dev) |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019) |
| JUN 2016 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| FEB 2016 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| APR 2015 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
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
(End of clause)
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…
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