PM Care

Added: Mar 21, 2013 6:11 pm Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

TIN:

CAGE:

DUNS:

Vendor Point of Contact: Phone:

Vendor email:

Billing/Payment in Arrears.

Naval Medical Center Contracting POC:
Harold Woodley
Phone: 757-953-7276
Fax: 757-953-5006
Email: harold.woodley@med.navy.mil

Product/Services for:
Naval Health Clinic Quantico
POC: Kenneth Dougherty
Phone: 703-784-1749
Email: kenneth.dougherty@med.navy.mil

Vendor to reference RFQ number N00183-13-T-0173 on all inquires.

Reference:

NOTE: Award will be made on an all or nothing best value evaluation based on price, technical capability and past performance.

NOTE TO VENDOR: FAILURE TO LABEL MATERIAL REQUIRINIG SPECIAL HANDLING OR REFRIGERATION MAY RESULT IN NON-PAYMENT AND RETURN OF MATERIAL AT VENDOR'S EXPENSE.

PROMPT PAYMENT
For Prompt Payment Act Purposes, this contract is:
Subject to the 7-calender day constructive acceptance period.

"AVAILABILITY OF FUNDS. Pursuant to Section I, Availability of Funds (FAR 52.232-18), of the contract, funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing to the Contracting Officer.

Section B - Supplies or Services and Prices

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 6 Months
Total Care Preventative Maintenance
FFP
See section C for Statement of Work.
FOB: Destination
MILSTRIP: N0023113RCPB829
PURCHASE REQUEST NUMBER: N0023113RCPB829

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000101
533 Sterilization
FFP
S/N: URA011274
FOB: Destination
PURCHASE REQUEST NUMBER: N0023113RCPB829

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000102
46-4 Washer Disinfector
FFP
S/N: W50029035
FOB: Destination
PURCHASE REQUEST NUMBER: N0023113RCPB829

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000103
GTS30 Boiler
FFP
S/N: 42545
FOB: Destination
PURCHASE REQUEST NUMBER: N0023113RCPB829

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000104
HS-450RO Watts-RO
FFP
S/N: 1110440
FOB: Destination
PURCHASE REQUEST NUMBER: N0023113RCPB829

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 12 Months
OPTION Total Care Preventative Maintenance
FFP
See section C for Statement of Work.
FOB: Destination
MILSTRIP: N0023113RCPB829

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000201
OPTION 533 Sterilization
FFP
S/N: URA011274
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000202
OPTION 46-4 Washer Disinfector
FFP
S/N: W50029035
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000203
OPTION GTS30 Boiler
FFP
S/N: 42545
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000204
OPTION HS-450RO Watts-RO
FFP
S/N: 1110440
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 12 Months
OPTION Total Care Preventative Maintenance
FFP
See section C for Statement of Work.
FOB: Destination
MILSTRIP: N0023113RCPB829

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000301
OPTION 533 Sterilization
FFP
S/N: URA011274
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000302
OPTION 46-4 Washer Disinfector
FFP
S/N: W50029035
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000303
OPTION GTS30 Boiler
FFP
S/N: 42545
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000304
OPTION HS-450RO Watts-RO
FFP
S/N: 1110440
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 12 Months
OPTION Total Care Preventative Maintenance
FFP
See section C for Statement of Work.
FOB: Destination
MILSTRIP: N0023113RCPB829

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000401
OPTION 533 Sterilization
FFP
S/N: URA011274
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000402
OPTION 46-4 Washer Disinfector
FFP
S/N: W50029035
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000403
OPTION GTS30 Boiler
FFP
S/N: 42545
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000404
OPTION HS-450RO Watts-RO
FFP
S/N: 1110440
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 12 Months
OPTION Total Care Preventative Maintenance
FFP
See section C for Statement of Work.
FOB: Destination
MILSTRIP: N0023113RCPB829

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000501
OPTION 533 Sterilization
FFP
S/N: URA011274
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000502
OPTION 46-4 Washer Disinfector
FFP
S/N: W50029035
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000503
OPTION GTS30 Boiler
FFP
S/N: 42545
FOB: Destination

NET AMT

 

 

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
000504
OPTION HS-450RO Watts-RO
FFP
S/N: 1110440
FOB: Destination

NET AMT

Section C - Descriptions and Specifications

CLAUSES INCORPORATED BY FULL TEXT

STATEMENT OF WORK
FOR
GETINGE MAINTENANCE

Contractor will provide support services necessary to maintain hardware and software in good operating condition.

EQUIPMENT
See Section B.

PREVENTIVE MAINTENANCE
Preventive maintenance inspection will be performed in accordance with the original equipment manufacturer's specifications and shall include an equipment inspection, adjustment, lubrication, installation of replacement parts and testing during scheduled maintenance inspection in building 3259.

LABOR AND TRAVEL
Labor and travel for equipment inspection, adjustment, repair, restoration and installation of replacement parts and testing are included. Normal working hours are between 8 a.m. to 5:00 p.m. Monday through Friday, excluding holidays.

RESPONSE TIME
Contractor shall respond to calls for assistance or service during normal working hours within two (2) hours. Response to calls between 5:00 p.m. and 8:00 a.m. on Monday through Friday, or anytime on Saturdays, Sundays or holidays shall be within four (4) hours. On-site response when necessary shall be no later than the next business day. The contractor will notify the government of each maintenance service call required under this agreement and the equipment will be made available at the mutually agreed upon time and for such period of time as is required and is necessary to complete the service. Equipment not made available at the specified time will be serviced at the next scheduled service call unless specific arrangements are made with the contractor.

POINT OF CONTACT FOR EQUIPMENT SERVICE
All service call requests for routine or unscheduled service will be generated from the Dental Department of NHCQ. Organization Point of Contact (POC) is Marcel Claxton, Logistics Department, phone: (703) 784-1749, email: marcel.claxton@med.navy.mil . Any other request for service calls will be unauthorized.

CONTRACTION OFFICER REPRESENTATIVE:
Kenneth Doughterty, (703) 784-1764, email: kenneth.dougherty@med.navy.mil

Section E - Inspection and Acceptance

 

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
000101 Destination Government Destination Government
000102 Destination Government Destination Government
000103 Destination Government Destination Government
000104 Destination Government Destination Government
0002 Destination Government Destination Government
000201 Destination Government Destination Government
000202 Destination Government Destination Government
000203 Destination Government Destination Government
000204 Destination Government Destination Government
0003 Destination Government Destination Government
000301 Destination Government Destination Government
000302 Destination Government Destination Government
000303 Destination Government Destination Government
000304 Destination Government Destination Government
0004 Destination Government Destination Government
000401 Destination Government Destination Government
000402 Destination Government Destination Government
000403 Destination Government Destination Government
000404 Destination Government Destination Government
0005 Destination Government Destination Government
000501 Destination Government Destination Government
000502 Destination Government Destination Government
000503 Destination Government Destination Government
000504 Destination Government Destination Government

Section F - Deliveries or Performance

 

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-APR-2013 TO
30-SEP-2013 N/A NAVAL HEALTH CLINIC QUANTICO
KENNETH M. DOUGHERTY
3259 CATLIN AVE
QUANTICO VA 22134
703-784-1764
FOB: Destination N00231

000101 N/A N/A N/A N/A

000102 N/A N/A N/A N/A

000103 N/A N/A N/A N/A

000104 30-SEP-2011 0 NAVAL MEDICAL CENTER
RECEIVING OFFICER, BLDG. 250
PORTSMOUTH VA 23708-2297
FOB: Destination N00183

0002 POP 01-OCT-2013 TO
30-SEP-2014 N/A NAVAL HEALTH CLINIC QUANTICO
KENNETH M. DOUGHERTY
3259 CATLIN AVE
QUANTICO VA 22134
703-784-1764
FOB: Destination N00231

000201 N/A N/A N/A N/A

000202 N/A N/A N/A N/A

000203 N/A N/A N/A N/A

000204 N/A N/A N/A N/A

0003 POP 01-OCT-2014 TO
30-SEP-2015 N/A NAVAL HEALTH CLINIC QUANTICO
KENNETH M. DOUGHERTY
3259 CATLIN AVE
QUANTICO VA 22134
703-784-1764
FOB: Destination N00231

000301 N/A N/A N/A N/A

000302 N/A N/A N/A N/A

000303 N/A N/A N/A N/A

000304 N/A N/A N/A N/A

0004 POP 01-OCT-2015 TO
30-SEP-2016 N/A NAVAL HEALTH CLINIC QUANTICO
KENNETH M. DOUGHERTY
3259 CATLIN AVE
QUANTICO VA 22134
703-784-1764
FOB: Destination N00231

000401 N/A N/A N/A N/A

000402 N/A N/A N/A N/A

000403 N/A N/A N/A N/A

000404 N/A N/A N/A N/A

0005 POP 01-OCT-2016 TO
30-SEP-2017 N/A NAVAL HEALTH CLINIC QUANTICO
KENNETH M. DOUGHERTY
3259 CATLIN AVE
QUANTICO VA 22134
703-784-1764
FOB: Destination N00231

000501 N/A N/A N/A N/A

000502 N/A N/A N/A N/A

000503 N/A N/A N/A N/A

000504 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order AUG 1989

Section G - Contract Administration Data

 

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

(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 Central Contractor Registration at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

2 IN 1 SERVICES ONLY
-----------------------------------------------------------------------


(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

DESTINATION / DESTINATION
-----------------------------------------------------------------------


(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 N00183
Admin DoDAAC N00183
Inspect By DoDAAC N/A
Ship To Code N/A
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N00231
Accept at Other DoDAAC N/A
LPO DoDAAC N00231
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A

(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.

WAWF Acceptor/COR Email Address: kenneth.dougherty@med.navy.mil
-----------------------------------------------------------------------

(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.

wawf@med.navy.mil
-----------------------------------------------------------------------

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

(End of clause)

 

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

N00183-0004 PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION

1. Introduction

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. General Use and Disclosure Provisions

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

3. Specific Use and Disclosure Provisions

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

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

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

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

4. Obligations of the Government

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

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

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

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

5. Permissible Requests by the Government

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

6. Termination

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

b. Effect of Termination.

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

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

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

7. Miscellaneous

a. Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required.
b. Survival. The respective rights and obligations of Business Associate under the "Effect of Termination" provision of this Clause shall survive the termination of this Contract.

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

 

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

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984
52.204-7 Central Contractor Registration DEC 2012
52.204-13 Central Contractor Registration Maintenance DEC 2012
52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 1989
52.222-48 Exemption from Application of Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification FEB 2009
52.222-50 Combating Trafficking in Persons FEB 2009
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984
52.233-3 Protest After Award AUG 1996
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984
52.237-3 Continuity Of Services JAN 1991
52.243-1 Changes--Fixed Price AUG 1987
52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form) APR 1984
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.232-7001 Disposition Of Payment DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008
252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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 60 days of contract expiration (insert the period of time within which the Contracting Officer may exercise the option).

(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 60 days of contract expiration (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 (60 days unless a different number of days is inserted) 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 4 years 6 months.
(End of clause)

 

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of clause)

 

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(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):

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

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

(End of clause)

 

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

 

N00183-0023 Service Contracts General (Ref NMCARS 5237.102)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil .

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

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.222-25 Affirmative Action Compliance APR 1984
52.225-18 Place of Manufacture SEP 2006
252.204-7007 Alternate A, Annual Representations and Certifications JUL 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(End of provision)

Section L - Instructions, Conditions and Notices to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://arnet.gov/far

(End of provision

Section M - Evaluation Factors for Award

CLAUSES INCORPORATED BY REFERENCE

52.217-5 Evaluation Of Options JUL 1990