Data License Research Services
Closed Pre-Solicitation Posted
Not the latest version. See the latest pre-solicitation from .
- Solicitation number
- 19-013262
- Agency
-
NIH Clinical Center
National Institutes of Health, Department of Health and Human Services
- Responses due
- Set-aside
- Emerging Small Business
Opportunity facts
- NAICS code
- 518210 Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services
- PSC
- Not on record
- Place of performance
- National Institute of Health Critical Care Medicine Department 9000 Rockville Pike 10-2C-145 Bethesda, Maryland 20892, United States
Notice details come from SAM.gov. Updated .
Notice text
2 versions
Update #2 · Latest ·
Solicitation #
HHSN-NIH-CCOPC-SBSS-19-013262
This is a Small business Sources Sought notice. This is NOT a solicitation for proposals, proposal abstracts, or quotations. The purpose of this notice is to obtain information regarding: (1) the availability and capability of qualified small business sources:(2) whether there are small businesses, HUBZONE small businesses, service disabled veteran-owned small businesses or (8a) small businesses, veteran- owned small business, woman-owned small businesses or small disadvantaged businesses veteran owned small businesses; woman owned businesses, or small disadvantaged businesses and (3) their size classification relative to the North American Industry Classification System (NAICS) code for the proposed acquisition. Your response to the information requested will assist the Government in determining the appropriate acquisition method, including whether a set-aside is possible. An organization that is not considered a small business under the applicable code should not submit a response to this notice.
This acquisition will be processed in accordance with Simplified acquisition procedures as stated in FAR 12 and under FAR 6.302 -1
I. Description of Objectives and Data
A. Objective
Customer is interested in obtaining from Premier a license to a certain data extract from the Premier Healthcare Database for select patients for the purpose of conducting secondary data research. Premier will provide Customer with such license to the data extract using the following selection criteria:
1. All hospital inpatient/outpatient encounters with microbiology lab results between January 1, 2009 and date one month prior to pull (e.g if data pull is performed on 6/30/19 data up through 5/31/19 will be identified)
2. Five updates at six-month intervals will be provided during the license term (5 updates). Each update will include data from January 1, 2009 through the date one month prior to the data pull. Specific timing may vary depending upon holidays and data availability.
B. Data Source - Premier Healthcare Database
Data for the extract described in this document are derived from the Premier Healthcare Database, which currently contains data from more than 965 million patient encounters, or one in every five discharges in the nation. Hospital discharge data in Premier's dynamic database are updated on a regular basis and are currently available from January 2000 through the May 2019. The Premier database contains data from standard hospital discharge files, including a patient's demographic and disease state, and information on billed services, including medications, laboratory tests performed, diagnostics and therapeutic services in de-identified patient daily service records. In addition, information on hospital characteristics, including geographic location, bed size and teaching status, is also available.
The Premier database is a comprehensive view of inpatient, and hospital submitted outpatient visits from geographically diverse hospitals. It is not a random sample; patient-related data are collected from all payers and therapeutic areas. Patients can be tracked across the inpatient and hospital-based outpatient settings, as well as across visits with a unique identifier within a single hospital. In addition to the data elements available in most of the standard hospital discharge files, the Premier database also contains a date-stamped log of billed items, including procedures, medications, laboratory test performed, and diagnostic and therapeutic services at the individual patient level. All procedures and diagnoses are captured for each patient, as well as all drugs and devices received. Drug utilization information is available by day of stay and includes quantity, strength used, charge, and hospital reported cost. Billing reconciliation occurs at the encounter level; variation at the line item level is to be expected.
It should be noted that the number of participating hospitals within the Premier database may change over time during the study period, and a random hospital identifier assigned by Premier will be used to identify the various hospitals.
Sequenced Patient Data
• De-identified Discharge ID (use this field to link a patient's hospital visit across data files)
• De-identified Unique Patient ID (use this field to track a patient across multiple visits to the same hospital)
• Discharge month
• Admission month
• Provider ID (de-identified)
• Inpatient versus Outpatient indicator
• Patient type
• MS-DRG
• MS-DRG MDC
• Admission source
• Admission type
• Discharge status
• Age at time of admission (if age is greater than 89, age is adjusted to 89)
• Sex
• Race (Reported as White, Black, Hispanic or Other/Unknown)
• Admitting physician specialty
• Admitting physician de-identified linking identifier
• Attending physician specialty
• Attending physician de-identified linking identifier
• Primary payer
• Length of stay
• Total charges
• Total cost
• Total fixed cost
• Total variable cost
• National inpatient projection
• Discharge month sequence (used with discharge month to order multiple discharges for a unique patient with a particular month)
Hospital Data
• De-identified Provider ID
• Urban versus rural designation
• Teaching status
• Bed size
• Geographic region (which of the 9 census divisions the hospital is located in)
International Classification of Diseases (ICD) Diagnosis and Procedure Data
• De-identified Discharge ID (use this field to link a patient's hospital visit across data files)
• ICD Diagnosis related information
o Primary ICD diagnosis code and description
o All secondary ICD diagnosis codes and descriptions reported by the hospital
o Admitting ICD diagnosis code (if provided by the hospital)
o Major category code and description
• ICD Procedure related information
o Primary ICD procedure code and description
o All secondary ICD procedure codes and descriptions reported by the hospital
o Procedure day
o Procedure physician specialty
o Procedure physician de-identified linking identifier
CPT Data
• De-identified Discharge ID (use this field to link a patient's hospital visit across data files)
• All CPT4 codes and descriptions reported by the hospital
Billing Data
• De-identified Discharge ID (use this field to link a patient's hospital visit across data files)
• Hospital specific charge master id and description
• Premier Standard Charge Master code and description
• Premier Clinical Detail code and description
• Day of Service
• Standard Quantity (to be used with the Standard charge master description)
• Clinical Detail Quantity (to be used with the Clinical detail description)
• Billing charges
• Billing cost
• Billing fixed cost
• Billing variable cost
• Premier Standard Department Code and description
o Pharmacy, Central Supply, Laboratory, Diagnostic Imaging, Surgery, etc.
• Pharmacy billing information includes:
o Drug name (generic)
o Drug strength (from Premier Standard Charge Master Description)
o Drug therapeutic class
o Route of administration (oral, parenteral, topical)
Laboratory File
Microbiology laboratory results will be provided from a subset of facilities in the Premier database. The additional data elements include:
• Specimen ID
• Test day and time of collection
• Test name
• Observation (test result)
• Sensitivity data for positive test results
o Organism
o Drug tested
o Interpretation
o MIC
Readmission Data
A Standard readmission table will be provided containing one record per inpatient encounter in the extract. In addition, for these patients, records are included for other inpatient encounters occurring during the extract time period. Readmission will be presented as a days_from_prior field with calculated days from prior hospital discharge date to current hospital admission date field in the READMIT table.
III. Description of Deliverable and Services
A. Delivery Method
An electronic version of the SAS files will be provided. Premier will deliver the data extract by secure File Transfer Protocol (sFTP). In addition, an electronic version of the complete data dictionary and a SAS Contents listing will be delivered. All data extracts and related files together with the data dictionary provided by Premier are collectively referred to as the "Data Extract" and shall constitute a "Deliverable" under the MSA.
B. Training and Technical Support
Premier will provide Customer with 4 hours of web-based training/overview. The initial training will be scheduled within 3 weeks of delivery of the data at a mutually agreed upon date. After the initial training, Premier will provide ongoing technical and research/analytic support to Customer throughout the duration of this Statement of Work not to exceed 16 hours per year. Additional consulting support is available at a rate of $350 per hour.
C. Data Extract License; Use of the Deliverable
The terms set forth below are intended only to supplement the terms set forth in the MSA, including, without limitation, the terms set forth in Section 4 of the MSA.
1. Data Extract License; Use Rights.
(a) Data Extract License: Pursuant to and in accordance with the terms of the Agreement, and subject to the terms and conditions of this Statement of Work, Premier grants to Customer (for purposes of this License, "Customer" shall mean and refer to the Customer employees) a non-exclusive, nontransferable and non-sublicensable, limited right and license to use the Data Extract within the United States of America only for the Purpose identified for the specific Project defined in Section II.A., provided, however, the for purposes of this Statement of Work such "secondary research" shall be limited to secondary research as part of the NIH Antimicrobial Resistance Outcomes Research Initiative (NIH-ARORI) that are funded by Customer only and shall not include or authorize work, research, analysis or other such uses for grant-funded or industry-funded work. Customer may request that Premier grant Customer license rights authorizing Customer to use the Data Extract for academic, grant-funded, or industry-funded work, as applicable, subject to the Use Rights (as defined in Section III.C.1.(b) below) (the "License") for the License Term set forth in the Section I above. In addition to the data security and privacy controls required under the MSA, the Customer shall store and maintain the Data Extract, including without limitation, files, subsets (not including summary analytical files) and related records on the Customer servers within the United States, and, in addition to the requirements set forth herein:
a. the Customer shall store and maintain the Data Extract and all related copies, records, etc., on the Customer server in the United States,
b. the Customer shall maintain controls sufficient to prevent downloading the Data Extract from the Customer server and/or systems and/or printing screenshots of the Data Extract,
c. employees shall access the Data Extract only on computers issued by the Customer and governed by Customer applications,
d. employees shall access the Data Extract via a secure connection to the Customer network where the Data Extract is stored,
(b) Use Rights: The Customer's License to the Data Extract is subject to the applicable Use Rights as denoted in Section III.C. and in Appendices B and C. During the License Term, the Customer may only use the Data Extract for additional or multiple uses pursuant to the terms hereof by executing the Amendment to License for Use Right in the form attached hereto as Appendix B for each additional Use as required by the Customer during the License Term.
(i) Academic-Funded License: Use of the Data Extract for Academic-funded projects within one (1) therapeutic area. The Data Extract may be used for multiple internally funded project(s) occurring during the License Term.
(ii) Grant-Funded License: Use the Data Extract for a grant funded project within one (1) therapeutic area. The Data Extract may only be used for the specific project funded during the License Term.
(iii) Industry-Funded License: Use of the Data Extract for an industry-funded project within one (1) therapeutic area. The data Extract may only be used for the specific project funded during the License Term.
2. Data Extract Disclosure and Use. Except as Premier, in its sole discretion, may otherwise permit in writing signed by Premier and subject to such limitations as Premier shall determine, Customer shall have no right to allow any person or entity who is not a party to the Agreement and this Statement of Work, to access or use the Data Extract directly or indirectly in any way. Members of the NIH-ARORI may not access the data directly but indirect access via analysis from the data is permitted.
Should the Customer need analytic support services (the "Services") in connection with the Deliverable, Customer will consider using Premier as the provider for such Services and shall provide Premier the opportunity to submit to Customer and Customer will consider a proposal for the Services by Premier. If Customer elects to obtain Services from a third-party provider (a "Consultant") Premier may agree to permit disclosure of the Deliverable to such Consultant solely for the purpose of providing Services to Customer for the named project and subject to terms and conditions obligating Consultant to comply with confidentiality, security and use restrictions for the Deliverable that are substantially the same as the provisions applicable to Customer in the MSA and this Statement of Work (the "Third Party Limited License Agreement"). Any use of the Deliverable by a Consultant will require: (i) the fully executed Third Party Limited License Agreement delivered to Premier, and (ii) a fee payable to Premier of $30,000 per project per year.
3. HIPAA Compliance. As more particularly set forth in the MSA, the Data Extract is de-identified in accordance with HIPAA and does not reveal the identity of any patients. Customer is responsible for and agrees to comply with the terms of the MSA, in particular, Section 4.2 regarding the protection of the Data Extract from re-identification and any reverse engineering, reformatting of the Data Extract (including without limitation by adding new data elements or creating subsets) or any other activity that would cause the Data Extract to not be HIPAA compliant.
4. Copies. Without limiting any terms or requirements set forth in the MSA and this Statement of Work, Customer may make one copy of the Data Extract for backup, archival, disaster recovery, and testing purposes. On each such copy of the Data Extract, Customer shall reproduce any notices or legends appearing on the original copy, including Premier's copyright notices. All copies of the Data Extract made or received by Customer can be used only as permitted under this Statement of Work.
5. Confidentiality. Without limiting any other terms or requirements set forth in the MSA and this Statement of Work, Customer will protect the Data Extract as it treats its proprietary, confidential information, including ensuring that any device, including without limitation, hard drives and laptops, that stores the Data Extract will be password protected and encrypted. All data shall be transmitted using secure means pursuant to HIPAA and the Health Information Technology for Economic and Clinical Health Act ("HITECH Act").
6. Data Extract Destruction. Upon the expiration of the term of this license or the earlier termination of this Statement of Work, Customer will immediately cease use of the Data Extract and any Derivative Works thereof, and shall destroy the Data Extract in accordance with National Institute of Standards and Technology ("NIST") standards and, within thirty (30) days following such expiration or termination of the license, Customer will provide Premier with the completed Certificate of Destruction, in the form attached hereto as Appendix A, executed by Customer's duly authorized officer.
7. Additional Authorized Use. For each additional project or use not specified under this Statement of Work, an amendment to this Statement of Work will be required to be executed to memorialize the fee structure and any additional conditions for each Customer project for which the Customer will use the Data Extract. A template amendment is included as Appendix B which may be modified as necessary to include and cover any uses or limitations applicable to use and disclosure of the Data Extract, including, without limitation, restrictions and/or requirements applicable to the disclosure of any deliverable or derivative work to third parties.
D. Estimated Delivery Schedule
Premier will contact Customer within 3 business days of the execution and delivery of this Statement of Work by Customer. Delivery will follow the Milestone/Deliverable Schedule (Appendix C).
E. Changes in Project Specifications and/or Scope
Customer's changes in project specifications or scope may affect the Deliverable price and timeline. Any changes must be detailed in a revised proposal requiring Customer approval in advance of work.
F. Term of Statement of Work Proposal
The terms and pricing of this proposal document shall be valid for a period of eight weeks from the date on the cover page.
CERTIFICATE OF DESTRUCTION
This Certificate of Destruction ("Certification") is made pursuant to the Master license and Services Agreement dated JULY 13, 2015 by and between Premier Healthcare Solutions, Inc. formerly known as Premier, Inc. ("Premier") and Customer, pursuant to which Premier granted to Customer a license (the "Data License") for that certain data extract (the "Data Extract") as more particularly set forth in that certain Statement of Work dated JULY 1, 2019 as the same may be amended (the "SOW") (the "SOW" and Master Services Agreement are collectively referred to herein as the "Agreement"). Any terms that are not defined herein shall have the meaning set forth in the Agreement.
As an officer of Customer, the undersigned hereby certifies to Premier, on behalf of Customer, that within thirty (30) days from the expiration of the term of the Data License or the earlier termination of the SOW and/or Agreement, Customer and any third parties to whom the Customer may have disclosed the Data Extract:
(i) no longer possess the Data Extract, copies or any Derivative Works thereof, and
(ii) has made commercially reasonable efforts to destroy the Data Extract, Derivative Works and all copies thereof, in accordance with National Institute of Standards and Technology ("NIST") standard 800-88 as it pertains to purging data in such a way that the data is unrecoverable including, but not limited to, all prior versions, copies, including copies made for backup, archival, disaster recovery, and testing purposes and proprietary data as it existed on any media (including, but not limited to, system drives, tape, CD, paper) and in any location (including, but not limited to, data storage on-site and off-site, third party systems).
Customer acknowledges that this Certification shall be governed by and interpreted in accordance with the laws of the State of North Carolina, except as to patent, copyright and trademark matters which are covered by Federal law.
On behalf of Customer, I certify that I am an officer of Customer and am duly authorized to execute this Certification on behalf of Customer and that the foregoing statements are true. I am aware that if any of the foregoing statements are willfully false, then Premier shall have the right to pursue all remedies available in law and equity.
Upon any termination of this SOW prior to the end of the term, the Customer shall pay Premier for all data received through the date of termination. In addition, a termination fee of 10% of the total SOW amount will be billed to the customer within thirty (30) days of the termination date.
Location:
NIH/CC/Critical Care Medicine Department
10 Center Drive 4-5551
Bethesda, MD 20892-1288
Attention: Sameer Kadri
.
Capability Statement is to include:
Information regarding respondents; (a)
, including their availability, experience and informal and other training; (b) current in-house capability to perform the work; (c) prior completed projects of similar nature; (d) corporate experience and management capability; and (e) examples of prior completed Government contracts; references, and other related information:
Respondents, DUNS number, organization name, address, point of contract, and size and type of business (e.g.8(a), HUBZone, etc) pursuant to the applicable NAICS code;
Respondents; technical and administrative points of contract including names, titles addresses, telephone and fax numbers and email addresses;
Respondents must respond to this notice by July 15, 2019 at 12:00 pm Est
DISCLAIMER AND IMPORTANT NOTICES:
This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After review of the responses received, a pre-solicitation synopsis and solicitation maybe published in Federal Business Opportunities. However, responses to this notice will not be considered adequate responses to a future solicitation.
Primary Point of Contact
Priscilla Abalos Contract Specialist
Phone Number 301/594/5918
.
Update #1 ·
Solicitation #
HHSN-NIH-CCOPC-SBSS-19-013262
This is a Small business Sources Sought notice. This is NOT a solicitation for proposals, proposal abstracts, or quotations. The purpose of this notice is to obtain information regarding: (1) the availability and capability of qualified small business sources:(2) whether there are small businesses, HUBZONE small businesses, service disabled veteran-owned small businesses or (8a) small businesses, veteran- owned small business, woman-owned small businesses or small disadvantaged businesses veteran owned small businesses; woman owned businesses, or small disadvantaged businesses and (3) their size classification relative to the North American Industry Classification System (NAICS) code for the proposed acquisition. Your response to the information requested will assist the Government in determining the appropriate acquisition method, including whether a set-aside is possible. An organization that is not considered a small business under the applicable code should not submit a response to this notice.
This acquisition will be processed in accordance with Simplified acquisition procedures as stated in FAR 12 and under FAR 6.302 -1
I. Description of Objectives and Data
A. Objective
Customer is interested in obtaining from Premier a license to a certain data extract from the Premier Healthcare Database for select patients for the purpose of conducting secondary data research. Premier will provide Customer with such license to the data extract using the following selection criteria:
1. All hospital inpatient/outpatient encounters with microbiology lab results between January 1, 2009 and date one month prior to pull (e.g if data pull is performed on 6/30/19 data up through 5/31/19 will be identified)
2. Five updates at six-month intervals will be provided during the license term (5 updates). Each update will include data from January 1, 2009 through the date one month prior to the data pull. Specific timing may vary depending upon holidays and data availability.
B. Data Source - Premier Healthcare Database
Data for the extract described in this document are derived from the Premier Healthcare Database, which currently contains data from more than 965 million patient encounters, or one in every five discharges in the nation. Hospital discharge data in Premier's dynamic database are updated on a regular basis and are currently available from January 2000 through the May 2019. The Premier database contains data from standard hospital discharge files, including a patient's demographic and disease state, and information on billed services, including medications, laboratory tests performed, diagnostics and therapeutic services in de-identified patient daily service records. In addition, information on hospital characteristics, including geographic location, bed size and teaching status, is also available.
The Premier database is a comprehensive view of inpatient, and hospital submitted outpatient visits from geographically diverse hospitals. It is not a random sample; patient-related data are collected from all payers and therapeutic areas. Patients can be tracked across the inpatient and hospital-based outpatient settings, as well as across visits with a unique identifier within a single hospital. In addition to the data elements available in most of the standard hospital discharge files, the Premier database also contains a date-stamped log of billed items, including procedures, medications, laboratory test performed, and diagnostic and therapeutic services at the individual patient level. All procedures and diagnoses are captured for each patient, as well as all drugs and devices received. Drug utilization information is available by day of stay and includes quantity, strength used, charge, and hospital reported cost. Billing reconciliation occurs at the encounter level; variation at the line item level is to be expected.
It should be noted that the number of participating hospitals within the Premier database may change over time during the study period, and a random hospital identifier assigned by Premier will be used to identify the various hospitals.
Sequenced Patient Data
• De-identified Discharge ID (use this field to link a patient's hospital visit across data files)
• De-identified Unique Patient ID (use this field to track a patient across multiple visits to the same hospital)
• Discharge month
• Admission month
• Provider ID (de-identified)
• Inpatient versus Outpatient indicator
• Patient type
• MS-DRG
• MS-DRG MDC
• Admission source
• Admission type
• Discharge status
• Age at time of admission (if age is greater than 89, age is adjusted to 89)
• Sex
• Race (Reported as White, Black, Hispanic or Other/Unknown)
• Admitting physician specialty
• Admitting physician de-identified linking identifier
• Attending physician specialty
• Attending physician de-identified linking identifier
• Primary payer
• Length of stay
• Total charges
• Total cost
• Total fixed cost
• Total variable cost
• National inpatient projection
• Discharge month sequence (used with discharge month to order multiple discharges for a unique patient with a particular month)
Hospital Data
• De-identified Provider ID
• Urban versus rural designation
• Teaching status
• Bed size
• Geographic region (which of the 9 census divisions the hospital is located in)
International Classification of Diseases (ICD) Diagnosis and Procedure Data
• De-identified Discharge ID (use this field to link a patient's hospital visit across data files)
• ICD Diagnosis related information
o Primary ICD diagnosis code and description
o All secondary ICD diagnosis codes and descriptions reported by the hospital
o Admitting ICD diagnosis code (if provided by the hospital)
o Major category code and description
• ICD Procedure related information
o Primary ICD procedure code and description
o All secondary ICD procedure codes and descriptions reported by the hospital
o Procedure day
o Procedure physician specialty
o Procedure physician de-identified linking identifier
CPT Data
• De-identified Discharge ID (use this field to link a patient's hospital visit across data files)
• All CPT4 codes and descriptions reported by the hospital
Billing Data
• De-identified Discharge ID (use this field to link a patient's hospital visit across data files)
• Hospital specific charge master id and description
• Premier Standard Charge Master code and description
• Premier Clinical Detail code and description
• Day of Service
• Standard Quantity (to be used with the Standard charge master description)
• Clinical Detail Quantity (to be used with the Clinical detail description)
• Billing charges
• Billing cost
• Billing fixed cost
• Billing variable cost
• Premier Standard Department Code and description
o Pharmacy, Central Supply, Laboratory, Diagnostic Imaging, Surgery, etc.
• Pharmacy billing information includes:
o Drug name (generic)
o Drug strength (from Premier Standard Charge Master Description)
o Drug therapeutic class
o Route of administration (oral, parenteral, topical)
Laboratory File
Microbiology laboratory results will be provided from a subset of facilities in the Premier database. The additional data elements include:
• Specimen ID
• Test day and time of collection
• Test name
• Observation (test result)
• Sensitivity data for positive test results
o Organism
o Drug tested
o Interpretation
o MIC
Readmission Data
A Standard readmission table will be provided containing one record per inpatient encounter in the extract. In addition, for these patients, records are included for other inpatient encounters occurring during the extract time period. Readmission will be presented as a days_from_prior field with calculated days from prior hospital discharge date to current hospital admission date field in the READMIT table.
III. Description of Deliverable and Services
A. Delivery Method
An electronic version of the SAS files will be provided. Premier will deliver the data extract by secure File Transfer Protocol (sFTP). In addition, an electronic version of the complete data dictionary and a SAS Contents listing will be delivered. All data extracts and related files together with the data dictionary provided by Premier are collectively referred to as the "Data Extract" and shall constitute a "Deliverable" under the MSA.
B. Training and Technical Support
Premier will provide Customer with 4 hours of web-based training/overview. The initial training will be scheduled within 3 weeks of delivery of the data at a mutually agreed upon date. After the initial training, Premier will provide ongoing technical and research/analytic support to Customer throughout the duration of this Statement of Work not to exceed 16 hours per year. Additional consulting support is available at a rate of $350 per hour.
C. Data Extract License; Use of the Deliverable
The terms set forth below are intended only to supplement the terms set forth in the MSA, including, without limitation, the terms set forth in Section 4 of the MSA.
1. Data Extract License; Use Rights.
(a) Data Extract License: Pursuant to and in accordance with the terms of the Agreement, and subject to the terms and conditions of this Statement of Work, Premier grants to Customer (for purposes of this License, "Customer" shall mean and refer to the Customer employees) a non-exclusive, nontransferable and non-sublicensable, limited right and license to use the Data Extract within the United States of America only for the Purpose identified for the specific Project defined in Section II.A., provided, however, the for purposes of this Statement of Work such "secondary research" shall be limited to secondary research as part of the NIH Antimicrobial Resistance Outcomes Research Initiative (NIH-ARORI) that are funded by Customer only and shall not include or authorize work, research, analysis or other such uses for grant-funded or industry-funded work. Customer may request that Premier grant Customer license rights authorizing Customer to use the Data Extract for academic, grant-funded, or industry-funded work, as applicable, subject to the Use Rights (as defined in Section III.C.1.(b) below) (the "License") for the License Term set forth in the Section I above. In addition to the data security and privacy controls required under the MSA, the Customer shall store and maintain the Data Extract, including without limitation, files, subsets (not including summary analytical files) and related records on the Customer servers within the United States, and, in addition to the requirements set forth herein:
a. the Customer shall store and maintain the Data Extract and all related copies, records, etc., on the Customer server in the United States,
b. the Customer shall maintain controls sufficient to prevent downloading the Data Extract from the Customer server and/or systems and/or printing screenshots of the Data Extract,
c. employees shall access the Data Extract only on computers issued by the Customer and governed by Customer applications,
d. employees shall access the Data Extract via a secure connection to the Customer network where the Data Extract is stored,
(b) Use Rights: The Customer's License to the Data Extract is subject to the applicable Use Rights as denoted in Section III.C. and in Appendices B and C. During the License Term, the Customer may only use the Data Extract for additional or multiple uses pursuant to the terms hereof by executing the Amendment to License for Use Right in the form attached hereto as Appendix B for each additional Use as required by the Customer during the License Term.
(i) Academic-Funded License: Use of the Data Extract for Academic-funded projects within one (1) therapeutic area. The Data Extract may be used for multiple internally funded project(s) occurring during the License Term.
(ii) Grant-Funded License: Use the Data Extract for a grant funded project within one (1) therapeutic area. The Data Extract may only be used for the specific project funded during the License Term.
(iii) Industry-Funded License: Use of the Data Extract for an industry-funded project within one (1) therapeutic area. The data Extract may only be used for the specific project funded during the License Term.
2. Data Extract Disclosure and Use. Except as Premier, in its sole discretion, may otherwise permit in writing signed by Premier and subject to such limitations as Premier shall determine, Customer shall have no right to allow any person or entity who is not a party to the Agreement and this Statement of Work, to access or use the Data Extract directly or indirectly in any way. Members of the NIH-ARORI may not access the data directly but indirect access via analysis from the data is permitted.
Should the Customer need analytic support services (the "Services") in connection with the Deliverable, Customer will consider using Premier as the provider for such Services and shall provide Premier the opportunity to submit to Customer and Customer will consider a proposal for the Services by Premier. If Customer elects to obtain Services from a third-party provider (a "Consultant") Premier may agree to permit disclosure of the Deliverable to such Consultant solely for the purpose of providing Services to Customer for the named project and subject to terms and conditions obligating Consultant to comply with confidentiality, security and use restrictions for the Deliverable that are substantially the same as the provisions applicable to Customer in the MSA and this Statement of Work (the "Third Party Limited License Agreement"). Any use of the Deliverable by a Consultant will require: (i) the fully executed Third Party Limited License Agreement delivered to Premier, and (ii) a fee payable to Premier of $30,000 per project per year.
3. HIPAA Compliance. As more particularly set forth in the MSA, the Data Extract is de-identified in accordance with HIPAA and does not reveal the identity of any patients. Customer is responsible for and agrees to comply with the terms of the MSA, in particular, Section 4.2 regarding the protection of the Data Extract from re-identification and any reverse engineering, reformatting of the Data Extract (including without limitation by adding new data elements or creating subsets) or any other activity that would cause the Data Extract to not be HIPAA compliant.
4. Copies. Without limiting any terms or requirements set forth in the MSA and this Statement of Work, Customer may make one copy of the Data Extract for backup, archival, disaster recovery, and testing purposes. On each such copy of the Data Extract, Customer shall reproduce any notices or legends appearing on the original copy, including Premier's copyright notices. All copies of the Data Extract made or received by Customer can be used only as permitted under this Statement of Work.
5. Confidentiality. Without limiting any other terms or requirements set forth in the MSA and this Statement of Work, Customer will protect the Data Extract as it treats its proprietary, confidential information, including ensuring that any device, including without limitation, hard drives and laptops, that stores the Data Extract will be password protected and encrypted. All data shall be transmitted using secure means pursuant to HIPAA and the Health Information Technology for Economic and Clinical Health Act ("HITECH Act").
6. Data Extract Destruction. Upon the expiration of the term of this license or the earlier termination of this Statement of Work, Customer will immediately cease use of the Data Extract and any Derivative Works thereof, and shall destroy the Data Extract in accordance with National Institute of Standards and Technology ("NIST") standards and, within thirty (30) days following such expiration or termination of the license, Customer will provide Premier with the completed Certificate of Destruction, in the form attached hereto as Appendix A, executed by Customer's duly authorized officer.
7. Additional Authorized Use. For each additional project or use not specified under this Statement of Work, an amendment to this Statement of Work will be required to be executed to memorialize the fee structure and any additional conditions for each Customer project for which the Customer will use the Data Extract. A template amendment is included as Appendix B which may be modified as necessary to include and cover any uses or limitations applicable to use and disclosure of the Data Extract, including, without limitation, restrictions and/or requirements applicable to the disclosure of any deliverable or derivative work to third parties.
D. Estimated Delivery Schedule
Premier will contact Customer within 3 business days of the execution and delivery of this Statement of Work by Customer. Delivery will follow the Milestone/Deliverable Schedule (Appendix C).
E. Changes in Project Specifications and/or Scope
Customer's changes in project specifications or scope may affect the Deliverable price and timeline. Any changes must be detailed in a revised proposal requiring Customer approval in advance of work.
F. Term of Statement of Work Proposal
The terms and pricing of this proposal document shall be valid for a period of eight weeks from the date on the cover page.
CERTIFICATE OF DESTRUCTION
This Certificate of Destruction ("Certification") is made pursuant to the Master license and Services Agreement dated JULY 13, 2015 by and between Premier Healthcare Solutions, Inc. formerly known as Premier, Inc. ("Premier") and Customer, pursuant to which Premier granted to Customer a license (the "Data License") for that certain data extract (the "Data Extract") as more particularly set forth in that certain Statement of Work dated JULY 1, 2019 as the same may be amended (the "SOW") (the "SOW" and Master Services Agreement are collectively referred to herein as the "Agreement"). Any terms that are not defined herein shall have the meaning set forth in the Agreement.
As an officer of Customer, the undersigned hereby certifies to Premier, on behalf of Customer, that within thirty (30) days from the expiration of the term of the Data License or the earlier termination of the SOW and/or Agreement, Customer and any third parties to whom the Customer may have disclosed the Data Extract:
(i) no longer possess the Data Extract, copies or any Derivative Works thereof, and
(ii) has made commercially reasonable efforts to destroy the Data Extract, Derivative Works and all copies thereof, in accordance with National Institute of Standards and Technology ("NIST") standard 800-88 as it pertains to purging data in such a way that the data is unrecoverable including, but not limited to, all prior versions, copies, including copies made for backup, archival, disaster recovery, and testing purposes and proprietary data as it existed on any media (including, but not limited to, system drives, tape, CD, paper) and in any location (including, but not limited to, data storage on-site and off-site, third party systems).
Customer acknowledges that this Certification shall be governed by and interpreted in accordance with the laws of the State of North Carolina, except as to patent, copyright and trademark matters which are covered by Federal law.
On behalf of Customer, I certify that I am an officer of Customer and am duly authorized to execute this Certification on behalf of Customer and that the foregoing statements are true. I am aware that if any of the foregoing statements are willfully false, then Premier shall have the right to pursue all remedies available in law and equity.
Upon any termination of this SOW prior to the end of the term, the Customer shall pay Premier for all data received through the date of termination. In addition, a termination fee of 10% of the total SOW amount will be billed to the customer within thirty (30) days of the termination date.
Location:
NIH/CC/Critical Care Medicine Department
10 Center Drive 4-5551
Bethesda, MD 20892-1288
Attention: Sameer Kadri
.
Capability Statement is to include:
Information regarding respondents; (a)
, including their availability, experience and informal and other training; (b) current in-house capability to perform the work; (c) prior completed projects of similar nature; (d) corporate experience and management capability; and (e) examples of prior completed Government contracts; references, and other related information:
Respondents, DUNS number, organization name, address, point of contract, and size and type of business (e.g.8(a), HUBZone, etc) pursuant to the applicable NAICS code;
Respondents; technical and administrative points of contract including names, titles addresses, telephone and fax numbers and email addresses;
Respondents must respond to this notice by July 5, 2019 at 12:00 pm Est
DISCLAIMER AND IMPORTANT NOTICES:
This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After review of the responses received, a pre-solicitation synopsis and solicitation maybe published in Federal Business Opportunities. However, responses to this notice will not be considered adequate responses to a future solicitation.
Primary Point of Contact
Priscilla Abalos Contract Specialist
Phone Number 301/594/5918
.
Notice history
| Notice | Type | Posted |
|---|---|---|
| Data Reaserch License | Pre-Solicitation | |
| This notice | Pre-Solicitation |
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