A.09.03_W91YTZ18R0065.docx

W91YTZ-18-R-0065

This is a solicitation for commercial items prepared in accordance with the format in Subpart 12 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued and is expected to result in the award of a firm-fixed price supply type contract. The resulting award will be made on SF 1449, for commercial supplies and services. Solicitation number W91YTZ-18-R-0065 issued as request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-100 and DPN 20180822 current as of 28 August 2018.

This acquisition is UNRESTRICTED, under size standard 20.5 Million and NAICS code 811219. The Government anticipates awarding a single award for this requirement to provide Equipment Maintenance Services as detailed the Contract Line Item Numbers below for Tuttle Army Health Clinic and North Troop Medical Clinic at Fort Stewart and Savannah Georgia. This requirement is for a base period and 4 option periods all responsible Small Businesses offers may submit a quotation which will be considered by the agency.

Item No. 0001: EQUIPMENT MAINTENANCE Informational CLIN only: Equipment maintenance services. “Statement of Objectives” (SOO) Period of Performance: 1 October 2018-30 September 2019.

0001AA: 12 Months Unit Price

Equipment Maintenance provided for equipment located at Tuttle Army Health Clinic 230 Duncan Dr., Hunter Army Airfield Savanah, GA 31409. Reference SOO paragraph 1.2 Equipment List Table 1 for equipment list.

Total: _______________________

0001AB: 12 Months Unit Price

Equipment Maintenance provided for equipment located at North TMC Pharmacy, 4th Brigade Troop Medical Clinic, Bldg. 8435, 306 Vanguard Road, Fort Stewart, GA. Reference SOO paragraph 1.2 Equipment list Table 2 for equipment list.

Total: _______________________ Base Period Total $____________

Option 1

Item No. 1001: EQUIPMENT MAINTENANCE Informational CLIN only: Equipment maintenance services. Reference “Statement of Objectives” (SOO) Period of Performance: 1 October 2019-30 September 2020.

1001AA: 12 Months Unit Price

Equipment Maintenance provided for equipment located at Tuttle Army Health Clinic 230 Duncan Dr., Hunter Army Airfield Savanah, GA 31409. Reference SOO paragraph 1.2 Equipment List Table 1 for equipment list.

Total: _______________________

1001AB: 12 Months Unit Price

Equipment Maintenance provided for equipment located at North TMC Pharmacy, 4th Brigade Troop Medical Clinic, Bldg. 8435, 306 Vanguard Road, Fort Stewart, GA. Reference SOO paragraph 1.2 Equipment List Table 2 for equipment list.

Total: _______________________ Option 1 Total $____________ Option 2

Item No. 2001: EQUIPMENT MAINTENANCE Informational CLIN only: Equipment maintenance services. Reference Attachment “Statement of Objectives” (SOO) Period of Performance: 1 October 2020-30 September 2021.

2001AA: 12 Months Unit Price

Equipment Maintenance provided for equipment located at Tuttle Army Health Clinic 230 Duncan Dr., Hunter Army Airfield Savanah, GA 31409. Reference SOO paragraph1.2 Equipment List Table 1 for equipment list.

Total: _______________________

2001AB: 12 Months Unit Price

Equipment Maintenance provided for equipment located at North TMC Pharmacy, 4th Brigade Troop Medical Clinic, Bldg. 8435, 306 Vanguard Road, Fort Stewart, GA. Reference SOO paragraph 1.2 Equipment List Table 2 for equipment list.

Total: _______________________ Option 2 Total $____________

Option 3

Item No. 3001: EQUIPMENT MAINTENANCE Informational CLIN only: Equipment maintenance services. Reference Attachment “Statement of Objectives” (SOO) Period of Performance: 1 October 2021-30 September 2022.

3001AA: 12 Months Unit Price

Equipment Maintenance provided for equipment located at Tuttle Army Health Clinic 230 Duncan Dr., Hunter Army Airfield Savanah, GA 31409. Reference SOO paragraph 1.2 Equipment List Table 1 for equipment list.

Total: _______________________

3001AB: 12 Months Unit Price

Equipment Maintenance provided for equipment located at North TMC Pharmacy, 4th Brigade Troop Medical Clinic, Bldg. 8435, 306 Vanguard Road, Fort Stewart, GA. Reference SOO paragraph 1.2 Equipment List Table 2 for equipment list.

Total: _______________________ Option 3 Total $____________

Option 4

Item No. 4001: EQUIPMENT MAINTENANCE Informational CLIN only: Equipment maintenance services. Reference Attachment “Statement of Objectives” (SOO) Period of Performance: 1 October 2022-30 September 2023.

4001AA: 12 Months Unit Price

Equipment Maintenance provided for equipment located at Tuttle Army Health Clinic 230 Duncan Dr., Hunter Army Airfield Savanah, GA 31409. Reference SOO paragraph 1.2 Equipment List Table 1 for equipment list.

Total: _______________________

4001AB: 12 Months Unit Price

Equipment Maintenance provided for equipment located at North TMC Pharmacy, 4th Brigade Troop Medical Clinic, Bldg. 8435, 306 Vanguard Road, Fort Stewart, GA. Reference SOO paragraph 1.2 Equipment List Table 2 for equipment list.

Total: _______________________ Option 4 Total $____________

Total Base Period Plus four (4) Option Periods: $___________________

The following FAR Clauses and Provisions in their latest editions apply to this solicitation.

Addendum to FAR 52.212-1 Instructions to Offerors—Commercial Items

FAR 52.212-1 is hereby amended to reflect the changes shown below:

Para (b) Submission of offers

All offerors must be registered in the System for Award Management (SAM) prior to award, and lack of registration shall make an offer ineligible for award. Offerors may obtain information on registration Internet at https://www.sam.gov. Or the SAM Help desk at https://www.fsd.gov.

THE SOLICITATION MUST BE QUOTED ALL OR NONE.

The estimated date of award is September 28, 2018. All questions shall be submitted to emails: Kiah.M.Washington.Civ@mail.mil and Frederick.M.Kmiecik.Civ@mail.mil September 7, 2018 10:00 AM EST. Responses will be posted to the Federal Business Opportunities website. Proposals are being accepted via email only. All responsible sources should submit proposals to Kiah M. Washington via e-mail: Kiah.M.Washington.civ@mail.mil by September 17, 2018 12:00 PM EST. (n) the non-Far Part 12 discretionary FAR, DFARS, AFARS and MEDCOM provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 for locations where full text can be obtained.

Cover email shall include: Data Universal Numbering System (DUNS) / CAGE Code, Point of contact for individual authorized to enter in to discussions to include phone and email.

All offers must request verification by email to Kiah M. Washington Email: Kiah.M.Washington.Civ@mail.mil to confirm receipt of their proposal was received by the time specified in the solicitation. The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer.

Instructions for the Preparation of Proposals The technical information required for evaluation purposes shall not exceed 20 pages. Each page shall be numbered.

The Quote shall be prepared in two (2) separate volumes as indicated below.

· Volume I-Technical Sub factor 1 Maintenance Plan

· Volume II-Pricing

VOLUME I – TECHNICAL

The technical Quote, Volume I, shall be addressed in sufficient written detail for the Government to determine if the offeror understands this aspect of the Government’s requirement. The offeror shall address each factor separately, and shall provide sufficient narrative and supporting data for each factor. Lack of any of these significant capabilities shall be considered sufficient cause for the Quote to be determined unacceptable. The Technical Quote shall provide sufficient detail for the Government to determine whether the Quote acceptably meets the requirements of the solicitation. Statements that the offeror understands, can or will comply with all specifications, or statements paraphrasing the specifications of parts thereof, or phrases such as “standard procedures will be used” or “well-known techniques will be used” will be considered unacceptable. The technical Quote shall provide a narrative and supporting data with the following sections organized separately so that the evaluation factors listed below are included.

1. Maintenance Plan-Provide in writing, documentation of your company maintenance plan.

VOLUME II – PRICING

Assessment of price reasonableness based on comparison to market prices.

1. The offeror shall submit proposed pricing for all subcontract Line Item Numbers (subCLINs) identified in the Request for Quote, unless otherwise noted. The offeror shall limit their unit and extended prices to two (2) decimal places (example: $158.03).

1. The offeror shall submit pricing totals for the base period as well as a grand total.

CLAUSES INCORPORATED BY REFERENCE

52.203-2 Certificate of Independent Price Determination APR 1985 52.203-11 Certification and Disclosure Regarding Payments to

52.225-25 Prohibition on Contracting with Entities Engaging in

INCORPORATED BY FULL TEXT

Tax Liability or a Felony Conviction under Any

52.252-1 (FEB 1998), Solicitation Provisions Incorporated by Reference: The full text of a solicitation provision may be accessed electronically at this/these address (es): www.farsite.hill.af.mil or www.arnet.gov/far.

52.252-5, Authorized Deviations in Provisions (APR 1984): (b) the use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)" after the name of the regulation.

252.203-7005 Representation Relating to Compensation of Former NOV 2011 DOD Officials 252.204-7008 Compliance with Safeguarding Covered Defense

252.222-7007 Representation Regarding Combating Trafficking in Person JAN

252.225-7050 Disclosure of Ownership or Control by the Government Of a Country that Is a State Sponsor of Terrorism OCT 2015

52.212-2 Evaluation –Commercial Items OCT 2014

Addendum 52.212-2 (LPTA):

Award will be made using the lowest price technically acceptable (LPTA) source selection process. Award will be made to the responsible offeror on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Award may be made without discussions with offerors (except communications conducted for the purpose of minor clarification). 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.

The Government will award a Firm Fixed Price contract resulting from this solicitation to the responsible Offer whose offer conforming to the solicitation will be the most advantageous for the Government, price and other factors considered. In order to be considered for award, an Offeror must receive an Acceptable rating in all factors. The following factors shall be used to evaluate:

Paragraph (a) replaced with the following:

The Government will award a Firm Fixed Price contract resulting from this solicitation to the responsible Offer whose offer conforming to the solicitation will be the most advantageous for the Government, price and other factors considered. In order to be considered for award, an Offeror must receive an Acceptable rating in all factors. The following factors shall be used to evaluate:

Factor 1- Technical

· Sub Factor 1- Maintenance Plan Factor 2- Price

Evaluation Approach

Factor 1. Technical Capability. Technical capability ratings reflect the Government’s confidence in each offeror’s ability, as demonstrated in its written technical proposal/written capability statement, to perform the requirements stated in the solicitation. The Government will make an independent judgment of the probability of success. To receive consideration for award; a rating of no less than Acceptable must be achieved in technical capability (inclusive of sub factors).

The following adjectival ratings will be used in evaluating each offeror’s written technical proposal:

1. Acceptable – To receive this rating, the offeror shall present a written technical proposal that clearly and comprehensively addresses each of the factors and sub factors. The offeror shall provide sufficient details for the Contracting Officer to determine whether the written technical proposal satisfactorily meets the minimum requirements of the technical capability requirements of this solicitation.

2. Unacceptable – An unacceptable rating will be assessed on any offeror that presents a written technical proposal that demonstrates any of the following:

(1) Fails to clearly and comprehensively address each of the factors and sub factors.

(2) Fails to provide sufficient detail for the Government to determine whether the written technical proposal / written capability statement satisfactorily meets the minimum requirements of the technical capability requirements of this solicitation in addressing the factors and sub factors.

Factor 2. Price.

Price will be evaluated separately from Technical and will be evaluated for fairness and reasonability. The offeror shall complete the CLIN structure with a total cost covering a base period and four option years. This information will be used to assist in the price analysis as required by FAR 15.404-1(b).

Award will be made based on lowest price, technically acceptable proposal.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contractor without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 Offeror Representations and Certifications--Commercial Items (NOV 2017) Alternate I OCT 2014

52.212-4 Contract Terms and Conditions-Commercial Items (MAY 2015)

Addendum to 52.212-4: (w) the non-FAR Part 12 discretionary FAR, DFARS, AFARS, and Local clauses herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found.

INCORPORATED IN FULL TEXT

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015

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 30 days of the task order's scheduled expiration date.

(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 30 days (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 60 months.

(End of clause)

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):

www.farsite.hill.af.mil.

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

End of Additional FAR and DFARS clauses

INCORPORATED IN FULL TEXT

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (DEC 2013) (DEVIATION 2013-O0019) (NOV 2017)

WINN ARMY COMMUNITY HOSPITAL

PHARMACY DEPARTMENT

FORT STEWART, GA 31314-5611

Statement of Objectives

1.0 GENERAL

1.1. This contract shall provide for maintenance services which include on site remedial repairs, emergency repairs and routine preventive maintenance services to the government owned equipment listed at TE-1. Maintenance services will be accomplished five (5) days per week during normal duty hours 0730 to 1600 hours excluding legal public holidays. Maintenance shall include all systems, subsystems components, and assemblies which were part of the original system purchased. All subsequent maintenance provisions shall apply to hardware, firmware, and software as appropriate, unless otherwise stated.

1.2. Equipment List

Table 1

North Troop Medical Clinic

Table 2.

Tuttle Army Health Clinic Pharmacy

1.3. BACKGROUND INFORMATION

1.3.1. The Contractor shall comply with Federal, State and local laws and regulations applicable to the performance of this contract.

1.4. PHYSICAL SECURITY

1.4.1. Contractor personnel or any representative of the contractor entering Ft. Stewart shall abide by all security regulations and shall be subject to security checks. When entering post, contractor personnel must have vehicle registration, driver’s license and proof of insurance.

1.5. PERFORMANCE MEASURES

1.5.1. The contractor shall maintain the equipment and all related equipment in an operational state 95% of the time with no more than 5% downtime within any annual period. If downtime exceeds 5% during any thirty-day period, performance will be document accordingly in the contractors performance assessment report.

1.5.2. Computation of the equipment downtime shall begin immediately upon equipment failure until the time the equipment is fully operational. The time allocated for performance of scheduled maintenance services will not be included in the computation of equipment downtime. Equipment availability is calculated by subtracting the monthly sum of equipment downtime from the normal duty per month. Divide the result by the total hours per month.

% Availability = (Total normal duty hours per month - downtime) * 100 Total normal duty hours per month

1.6. ACRONYMS AND DEFINITIONS

1.6.1. Contracting Officer (KO). A person duly appointed with the authority to enter into and administer contracts on behalf of the U.S. Government.

1.6.2. Contracting Officer’s Representative (COR). A Government employee selected and designated in writing by the KO to act as their authorized representative in administering a contract. The Government POC or their designated representative at the equipment work site has the authority to request services and performance of the contractor against his contract.

1.6.3. Contractor Service Personnel (CSP).

(1) A person who is authorized by the Contractor to perform maintenance (corrective and/or preventive) services on the equipment specified.

(2) Successfully completed a formalized training program, for the equipment specified.

(3) Has a minimum of two year experience, with respect to scheduled and remedial maintenance on the equipment listed at TE-1.

1.6.4. Preventive Maintenance (PM). Maintaining equipment in a satisfactory operating condition in accordance with the manufacturer’s standards and specifications by providing systematic inspection, detection, and correction of incipient failures either before they occur or before they develop into major defects. For purposes of this contract, it includes the installation of any manufacturer’s Field Modification Instructions (FMI) kits applicable to this unit.

1.6.5. Downtime: Anytime during the MTF’s normal patient schedule day when the equipment is not operable due to breakdown, under repair, or fails to perform according to specifications, and is deemed unsafe for patient care. Downtime for remedial repairs is calculated from the time the service is requested by the Government, until the CSP verifies acceptance of work completed with the COR. The time accrued as downtime will only be during those hours identified below as normal duty hours. Scheduled routine preventive maintenance and calibrations shall not be considered downtime. Also, minor failures with ancillary components which do not affect system availability shall not be considered in determining downtime.

1.6.6. Response Time: The Contractor is responsible for providing telephonic technical assistance within two (2) hours of notification of the equipment failure. If the assistance provided does not correct the equipment failure/problems the contractor's technical representative will be on site to initiate corrective action within 24 hours or the following normal duty day.

1.6.7. Remedial/Routine Repair: An action required due to a malfunction, minor or major. The service includes inspection, testing/troubleshooting and all actions necessary to return the item to a fully serviceable state. Included are those calibrations and test which are incidental to a repair action.

1.6.8. Replacement Part: A component or module of the existing system or approved upgraded/modified system requiring replacement through a fault developed through normal use or normal wear and tear. Replacement parts do not include consumable supplies.

1.6.9. Scheduled Services: Those services routinely performed on a scheduled basis at set intervals. Three categories of scheduled services are preventive maintenance, calibration, and safety testing. Preventive maintenance shall include, but need not be limited to, the following when applicable:

(1) Cleaning of equipment.

(2) Reviewing the operating system software diagnostics to ensure that the system is operating to the manufacturer’s specifications.

(3) Calibrating and lubricating the equipment.

(4) Performing remedial maintenance of non-emergent nature.

(5) Testing and replacing faulty and worn parts and/or parts which are likely to become faulty, fail or become worn.

(6) Inspecting all high voltage cables and bushings and replacement of dielectric as necessary.

(7) Measuring and adjusting and calibrating as necessary for optimal image quality.

(8) Inspecting and replacing where indicated, electric wiring and cables for wear and fraying.

(9) Returning equipment to the operating condition.

(10) Providing documentation of services performed.

1.6.10. Service Completion Date: The date and hour the COR accepts the work as completed and signs the Contractor’s service report.

1.6.11. Normal Duty Day. From 7:30am – 4:00pm, Monday through Friday, excluding the legal public holidays.

Legal Public Holiday. Holidays in each calendar year identified as follows:

New Year’s Day, January 1 Martin Luther King’s Birthday, 3rd Monday in January Washington’s Birthday, 3rd Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, 1st Monday in September Columbus Day, 2nd Monday in October Veterans Day, November 11 Thanksgiving Day, 4th Thursday in November Christmas Day, December 25 Those holidays falling on a Saturday will be observed on the preceding Friday. Those falling on Sunday will be observed on the following Monday.

1.6.12. Weekend: The period beginning at 5:00 pm on Friday and ending at 7:30 am the following Monday.

1.7. GOVERNMENT FURNISHED PROPERTY, MATERIALS AND SERVICES

1.7.1. The Government certifies that the equipment to be maintained under this contract will be in good operating condition on the effective date of this contract. For the purpose of this contract, the clause, "good operating condition" means the conditions necessary for the equipment to function as intended without the need for remedial maintenance. The Contractor agrees to leave the equipment in good operating condition at the expiration of this contract. The Contractor will be obligated to perform any work under this contract to accomplish this. During the final week of this contract, a final inspection of the equipment will be made by the Government. Any correction of deficiencies noted at that inspection will represent the final requirement to be performed by the Contractor under this contract. Government and Contractor representatives at each site will perform a pre-maintenance inspection at the onset of the contract. Any equipment found to be inoperable during this joint pre-maintenance inspection will be repaired using a separate purchase instrument.

1.7.2. The Government will make available to the Contractor the equipment scheduled for servicing at such time and duration as required by the Contractor and coordinated with the COR.

1.7.3. The Contractor Service Personnel shall park in the appropriately designated parking areas as determined by the COR.

1.7.4. The Government will furnish expendable supplies (i.e., film, chemicals) consumed during normal procedural sequence and necessary for the completion of the required maintenance services.

1.7.5. The Government will provide the Contractor with all government forms and make available all government publications referenced in this contract when not normally available to the public or the Contractor.

1.7.6. The Contractor shall not be responsible for delays encountered due to the non-availability of Government furnished materials. The time allowed for the completion of remedial repairs will be extended to equal the amount of time delayed due to the Government caused delays.

1.7.7. The Government will be responsible for maintaining the proper environment, including utilities and site requirements necessary for the system to function properly as specified by the OEM.

1.7.8. The Government will not be responsible for damage or loss due to fire, theft, accident, or other disaster of Contractor supplies, materials, or for the personal belongings brought onto Government property by Contractor's personnel.

1.8. CONTRACTOR FURNISHED PROPERTY AND MATERIAL

1.8.1. The Contractor shall provide all service literature, reference publications, laptop computers and diagnostic software to be used by the contractor service technicians and as required for the completion of the services in accordance with this contract.

1.8.2. Replacement Parts.

(1) The Contractor shall have ready access to unique and/or high mortality replacement parts. All parts supplied shall be compatible with the existing system.

(2) The Contractor shall replace all worn or defective parts necessary to restore the equipment to the original operational condition as specified by the OEM.

(3) Contractor installed replacement parts shall become the property of the Government and the replaced malfunctioning part shall become the property of the Contractor.

(4) Freight, postage, and storage charges associated with shipment and receipt of replacement parts, and the return of parts shall be the responsibility of the Contractor.

(5) The Contractor shall use only new or warranted replacement parts where the quality is equal to or better than the OEM's original part. When discrepancies occur, the Government will make the final determination on whether a replacement part is of equal or better quality.

(6) The Contractor must include software revisions and upgrades (field service changes) which are required due to a manufacturer announced safety - hazard and FDA recall as part of the contract at no additional cost to the Government.

1.9. SPECIFIC TASKS

1.9.1. On-site Repair/Preventive Maintenance Inspections: Contractor's representative shall report and sign in to the Medical Maintenance Branch, Bldg. 302 WACH prior to commencing services during the normal duty day (07:30a.m. to 4 p.m.). During other than normal duty hours, contractor’s representative shall coordinate maintenance services with the Medical Maintenance On-Call Technician. The On-Call Technician can be reached by contacting the Administrative Officer of the Day (AOD), Bldg. 302, WACH, and FTSGA. The Government and the contractor will exchange hazard communication information before the commencement of any services. The contractor will comply with all pertinent OSHA, National Fire Protection Association (NFPA) and Joint Commission (JC) requirements and standards in performing maintenance services. When CSP are performing services within the Medical Treatment Facility they will comply with the fire evacuation plan.

1.9.2. Equipment Modification/Alteration/Upgrades: The Contractor will perform only Original Equipment Manufacturer (OEM) specified modifications, alterations and upgrades. Approval will be obtained from the COR prior to the installation of any modification, alteration or upgrade. The Contractor will perform or cause to be performed all OEM field modifications and safety alert inspections. Minor or routine OEM Software upgrades will be made known to the COR by the Contractor as they are made available by the manufacturer and implementation will be coordinated with the COR.

1.9.3. The Contractor shall be responsible for all items of Government equipment throughout the period they are under CSP control.

1.9.4. The Contractor shall be responsible for any damages to Government owned equipment and property and shall replace or repair any property damaged due to a fault of the Contractor or his representatives while the equipment is under the CSP control. All such replacement or repair shall be at the Contractor's expense and approved by the KO.

1.9.5. The Contractor shall ensure all areas where equipment is serviced onsite are left in a clean, neat, safe, and orderly condition. To prevent safety hazards, no equipment shall be left pulled out or apart upon Contractor departure from the work site. Equipment being repaired shall be safely secured at all times.

1.9.6. The Contractor is not responsible for service required due to Government misuse or abuse, or damage to the system or its components when it has been determined that the damage resulted from an act of God. The Contractor has four hours to make this determination and submit it to the COR for resolution.

1.9.7. Full service plan includes two (2) routine inspections and maintenance inspection per year. The agreement will also include 24-hour emergency telephone support for software, hardware and user questions. All repairs will be on site unless otherwise stated. It also includes all parts, components, labor, and travel associated therewith, excluding consumables such as fibers, delivery systems and sliders.

1.9.8. On-site coverage will be 7:00 AM to 7:00 PM, seven (7) days a week.

1.9.9. Provide all labor, all travel, expenses and all parts for an unlimited number of on-demand service visits and telephone support calls around the clock.

1.10. Scheduled Services.

1.10.1. The Contractor shall, at a minimum, perform all scheduled services as prescribed by the OEM using a detailed services checklist.

Review: Where does this checklist come from? Should the vendor already have the document? Or shall the solicitation request the checklist from the vendor?

Remedial Repairs.

1.10.2. Government requests for remedial repairs will be placed by the COR to the Contractor's POC. Remedial Maintenance shall be made available during normal duty hours associated with each site.

1.10.3. The Contractor's response to requests for remedial repairs may include telephone consultation between the equipment user/operator and the CSP. The purpose of this telephone consultation shall be: 1) to provide instruction in determining operator error; 2) to determine the most likely cause of the problem; 3) to determine if resolution of the problem requires the dispatch of a CSP; and 4) to identify replacement parts likely to be required in order to return the equipment to the original operational condition as specified by the OEM.

1.11. Removal of Government Property.

1.11.1. Only equipment requiring major disassembly, major overhaul, or repairby replacement shall normally be removed from the Government site.

1.11.2. Whenever the repair of equipment cannot be performed at the Government site as determined by the Contractor, the Contractor shall notify the COR. who will make arrangements for the Contractor to remove the item to the Contractor's designated site. The Contractor may be required to sign a Government form accepting responsibility for the Government equipment.

1.11.3. All charges resulting from a Contractor determined requirement to transport Government owned property, covered by this contract, to and from an alternate repair location shall be the responsibility of the Contractor.

1.11.4. The Contractor shall immediately, but not later than 24 consecutive hours after discovery, notify the COR (in writing) of the existence or the development of any defects in, or repair required to the scheduled equipment which the Contractor considers they are not responsible for under the terms of this contract.

1.11.5. At the same time of the notification, the Contractor shall furnish the COR with a written estimate of the cost to make the necessary repairs. Repairs considered by the Contracting Officer to be outside the scope of this contract shall not be covered under this contract, but shall be ordered under a separate purchase instrument.

2.0 BUSINESS TO BUSINESS (B2B) GENERAL SECURITY REQUIREMENTS.

2.1. General Security Requirements. The Contractor shall establish appropriate administrative, technical, and physical safeguards to protect any and all Government data, to ensure the confidentiality, integrity, and availability of government data. As a minimum, this shall include provisions for personnel security, electronic security and physical security as listed in the sections that follow.

2.2. Personnel Security.

2.2.1. The contractor shall comply with DoD Directive 8500.1, “Information Assurance (IA),” DoD Instruction 8500.2, “Information Assurance (IA) Implementation,” DoD Directive 5400.11, “DoD Privacy Program,” DoD 6025.18-R, “DoD Health Information Privacy Regulation,” DoD 5200.2-R, “Personnel Security Program Requirements.” AR25-1, “Army Knowledge Management and Information Technology”, AR25-2 “Information Assurance.” and local regulations as deemed appropriate by the activity Information Assurance personnel.

2.2.2. Contractor responsibilities for ensuring personnel security include, but are not limited to, meeting the following requirements:

2.2.3. Follow the Army guidelines for submittal of Automated Data Processor/Information Technology (ADP/IT) background investigations and ensure all contractor personnel are designated as ADP/IT-I, ADP/IT-II, or ADP/IT-III where their duties meet the criteria of the position sensitivity designations outlined in AR25-2.

2.2.4. Initiate, maintain, and document personnel security investigations appropriate to the individual’s responsibilities and required access to Information Systems within the logical boundaries of the facility LAN.

2.2.5. Immediately report to the (Winn Army Community Hospital) Security Office Ms. Logan Sherry and deny access to any automated information system (AIS), network, or information if a contractor employee filling a sensitive position receives an unfavorable adjudication, if information that would result in an unfavorable adjudication becomes available, or if directed to do so by the appropriate government representative for any reason.

2.2.6. Ensure that all contractor personnel receive information assurance (IA) training before being granted access to DoD AISs/networks and information.

2.3. Electronic Security.

2.3.1. Contractor Information Systems (IS)/networks that are involved in the operation of systems in support of (Tuttle Army Health Clinic) shall operate in accordance with controlling laws, regulations, DoD, Army, and local policy.

2.3.2. Certification & Accreditation (C&A) requirements apply to all DoD and contractor’s IS/networks that receive, process, display, store or transmit DoD information. The contractor shall comply with the C&A process for safeguarding IS. Certification is the determination of the appropriate level of protection required for IS/networks. Certification also includes a comprehensive evaluation of the technical and non-technical security features and countermeasures required for each system/network.

2.3.3. Accreditation is the formal approval by the government to operate the contractor’s IS/networks in a particular security mode using a prescribed set of safeguards at an acceptable level of risk. In addition, accreditation allows IS/networks to operate within the given operational environment with stated interconnections; and with appropriate level of protection for the specified period.

2.3.4. The contractor shall comply with C&A requirements, as specified by the government that meet appropriate DoD Information Assurance requirements. The C&A requirements shall be met before the contractor’s system is authorized to access DoD data or interconnect with any DoD IS/network that receives, processes, stores, displays or transmits DoD data. The contractor shall ensure the proper contractor support staff is available to participate in all phases of the C&A process. They include, but are not limited to:

(1) Attending and supporting C&A meetings with the government

(2) Supporting/conducting the vulnerability mitigation process

(3) Supporting the C&A Team during system security testing

2.3.5. Contractors must confirm that there is/networks are locked down prior to initiating testing.

2.3.6. Conformation of system lock down shall be agreed upon during the definition of the C&A boundary and be signed and documented as part of the System Security Authorization Agreement (SSAA).

2.3.7. Locking down the system means that there shall be no changes made to the configuration of the system (within the C&A boundary) during the C&A process

2.3.8. Any re-configuration or change in the system during the C&A testing process will require a re-baselining of the system and documentation of system changes.

2.3.9. IA mitigation strategies include security updates, service packs, and changes to operating procedures as physical and cyber vulnerabilities are detected. Operating system, routers, servers, development platforms and the application being delivered to the government shall be in compliance with all known applicable Department of Defense Computer Emergency Response Team (DoD-CERT) Alert, Bulletin, and Technical Advisory Notices published during the past 36 months.

2.3.10. Disposing of Electronic Media. Vendors shall follow the DoD standards, procedures, and use approved products to dispose of unclassified hard drives and other electronic media, as appropriate, in accordance with DoD Memorandum "Disposition of Unclassified Computer Hard Drives," June 4, 2001. Vendors are required to also follow DoD guidance on sanitization of other internal and external media components in DODI 8500.2 "Information Assurance (IA) Implementation," 6 Feb 2003 (see PECS-1 in enclosure 4 Attachment 5) and DoD 5220.22-M "Industrial Security Program Operating Manual (NISPOM)," (Chapter 8).

2.3.11. Information Assurance Vulnerability Management (IAVM) The contractor shall implement an information assurance vulnerability management program for all AIS and corresponding subnets that are connected to or intermittently connect to Army networks. The program shall meet the scope and intent of AR25-2 and (Insert MTF Name) IA policies to provide protection against known threats and vulnerabilities. Compliance with Army IAVM alerts and bulleting is required for these systems, and shall be completed within the specified timeframe.

2.4. Information Systems (IS)/Networks Physical Security.

2.4.1. The contractor shall employ physical security safeguards for IS/Networks involved in processing or storage of Government Data to prevent the unauthorized access, disclosure, modification, destruction, use, etc., and to otherwise protect the confidentiality and ensure use conforms with DoD regulations. In addition, the contractor will support a Physical Security Audit performed by the Government of the contractor's internal information management infrastructure. The MHS Physical Security Audit Matrix is available at: http://www.tricare.osd.mil/tmis_new/Policy/PSA_Matrix_%20012304%200930%20clean%20version.xls. The contractor shall correct any deficiencies identified by the Government of the contractor's physical security posture.

2.5. Special Requirements for Protected Health Information.

2.5.1. Whenever a contract is awarded that requires the vendor to collect, use, copy, access or store Protected Health Information (PHI) in commercial office space, the contractors must:

2.5.2. Notify the (Winn Army Community Hospital) HIPAA Security Manager.

2.5.3. Follow all DUA and DoD requirements for secure disposal, destruction, and/or sanitization of all equipment that contained PHI.

3.0 PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION (PHI) INTRODUCTION

3.1.1. IAW DOD 6025.18R “Department of Defense Health Information Privacy Regulation” 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 Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and DOD 6025.18R, as amended. Additional requirements will be addressed when implemented.

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

3.2.1. Individual has the same meaning as the term ``individual'' in 45 CFR 164.501 and 164.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

3.2.2. Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

3.2.3. Protected Health Information has the same meaning as the term ``protected health information'' in 45 CFR 164.501, limited to the information created or received by The Contractor from or on behalf of The Government.

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

3.2.5. Required by Law has the same meaning as the term ``required…