PRESOL | U | Dragon Naturally Speaking Software training

FBO DAILY ISSUE OF MARCH 17, 2010 FBO #3035
SOLICITATION NOTICE

U -- Dragon Naturally Speaking Software training

Notice Date: 3/15/2010
Notice Type: Combined Synopsis/Solicitation
NAICS: 611420 — Computer Training
Contracting Office: Department of the Air Force, Direct Reporting Units, USAF Academy - 10 MSG/LGC, 8110 Industrial Drive, Suite 200, USAF Academy, Colorado, 80840-2315
ZIP Code: 80840-2315
Solicitation Number: FA7000-10-T-0027
Archive Date: 4/9/2010
Point of Contact: Mara A. Strobel, Phone: 719-333-4899, Leslie A. Ryan, Phone: 719-333-3961
E-Mail Address: mara.strobel@usafa.af.mil, leslie.ryan@usafa.af.mil
(mara.strobel@usafa.af.mil, leslie.ryan@usafa.af.mil)
Small Business Set-Aside: Total Small Business
Description: Combined/Synopsis Solicitation IAW FAR 12.603 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ), solicitation number FA7000-10-T-0027, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-38, 1 February 2010. The North American Industry Classification System Code [NAICS] is 611420 and the size standard is $7.0 Million. This is a 100% small business set aside. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA). Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this combined synopsis/solicitation could result in the quote being ineligible for award. It is the offeror's responsibility to ensure their quote meets all the requirements identified herein. The USAF Academy has a requirement to purchase Dragon Naturally Speaking software training with the salient characteristics provided below. 10 MDSS Information Services Flight determined these characteristics to be the only suitable features to provide the functionality they require. REQUIRED SALIENT CHARACTERISTICS: 1. Dragon Naturally Speaking software training for 89 providers/transcriptionists 2. 4 on- site (USAF Academy 10 MDG) general lecture settings of 20-25 providers per setting followed by 1.5 to 2 hour "over the shoulder time" or "hands on" training 3. Training must be completed by 1 June 4. Training must include instruction on how to use the service, shortcuts/capabilities that will optimize transcription editing, speaking to play back, and saving dictated notes. REQUIREMENTS FOR QUOTE Provide pricing for each of the following line items: LINE ITEM 0001 Description Qty Unit Price Extended Price Dragon Naturally Speaking Software Training 89 $______ $__________ TOTAL PRICE $ _________________ The following Federal Acquisition (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items (Jun 2008), addenda applies: The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, tax identification number, size of business, warranty information and acknowledgement of solicitation amendments if required. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. a. Prices quoted must be Firm-Fixed Price. b. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Aug 2009), must be completed. Offerors are highly encouraged to complete all representations and certifications electronically on line at (http://orca.bpn.gov/publicsearch.aspx). If not completed on-line, 52.212-3 shall be completed in hard copy and submitted with quote. c. In accordance with FAR 52.212-4(t), Central Contractor Registration (CCR) contractors must be registered with CCR to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration. (www.ccr.gov). d. Quotes must be received no later than 12:00pm Mountain Standard Time, 25 March 2010 at 10 CONS/ LGCB, Attn: Mara Strobel 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Quotes may also be submitted by e-mail to the Primary POC or by fax to 719-333-9103. Questions and responses should be addressed to the Primary POC Mara Strobel, Contract Specialist, USAF Academy (719) 333-4899, mara.strobel@usafa.af.mil. Alternate POC is Leslie Ryan, Contracting Officer, (719) 333-3961, leslie.ryan@usafa.af.mil. Offers received after this date and time will be considered late in accordance with 52.212-1(f) and will not be evaluated. The provision at FAR 52.212-2, Evaluation-Commercial Items (Jan 1999) applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsive responsible offeror whose offer conforming to the solicitation will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate offers: Award will be made on the basis of determining the technical acceptable offer with the lowest evaluated price which meets or exceeds the requirements. Quotes failing the technical evaluation will be considered technically unacceptable. Any offer determined to be technically unacceptable will not be considered for award. Once an offer has been determined to be technically acceptable then the Offeror with the lowest evaluated price will be awarded the contract. The following clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Mar 2009) and the following addenda, applies: Addendum to FAR 52.212-4(c) Changes Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)) (End of Addendum) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998): This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/. 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Item (Dec 2009) (Deviation) 52.219-6 Notice of Total Small Business Set-aside (Jun 2003) 52.219-28 Post-Award Small Business Program Representation (Apr 2009) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Aug 2009) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.222-41 Service Contract Act of 1965 (Nov 2007) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Nov 2009). DFARS 252.232-7003, Electronic Submission of Payment Requests (Mar 2008). 5352.201-9101 OMBUDSMAN (AUG 2005) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the USAF Academy Ombudsmen, Kelly Snyder 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-2379 email: kelly.snyder@usafa.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) USAFA 5352.242-9000, Contractor Access to Air Force Installations (USAFA Supplemented JULY 2008) applies to this acquisition. (a) Per Air Force requirements, the contractor shall obtain base identification for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. ADDED: All contractor employees shall comply with United States Air Force Academy (USAFA) security requirements while on the installation. USAFA security needs are supported by both military personnel and contractor employees. (1) Added: At the USAFA, contractor personnel are required to obtain Contractor Access Badges (CABs). CABs are only applicable to contractor employees performing duties requiring weekly access to the installation for a period of time exceeding 7 days. If required access is less than 7 days, the process to obtain access is via application for an AF Form 75, Visitor Pass. Both CABs and Visitor Passes are issued at the Pass and Registration Center (PRC) located at the south entrance to the USAFA. (2) Added: All references to contractor in this clause include the prime contractor and all subcontractors. (3) Added: Vehicle Usage (i) Contractor vehicles delivering food or water onto the installation are subject to inspection at entry control points. Vehicles making food and water deliveries on the installation will secure their vehicles when not attended to prevent unauthorized access and potential tampering. Vehicles making deliveries off the installation prior to arriving at the USAFA will ensure delivery vehicles remain locked when not attended. Failure to comply with these requirements may result in termination of vehicle access privileges. (ii) Contractors filling water trucks on the installation are only authorized to fill trucks from the non-potable hydrant outside Bldg 8034 and non-potable reservoir #3. The approved potable location is from the hydrant south of Bldg 8124, Snow Barn. Exceptions to these locations can be approved by 10 CES after coordination with 10 SFS. Any location where contractors are filling water trucks will have a back-flow preventor installed. (4) Added: Security Requirements. The contractor shall adhere to the installation security requirements as provided for in AFI 31-601, Industrial Security Program Management, USAFA supplement Chapter 2,Para 2.3 and 2.4; Chapter 7, Para 7.3; and Chapter 8) AFI 10-245, Air Force Antiterrorism (AT) Standards (Paragraphs 2.22, Atch 3), DoDI 2000.16, Department of Defense Antiterrorism Standards, Paragraphs E3.18 and E3.25). (i) Antiterrorism (AT). During increased Force Protection Conditions (FPCONs), entry requirements to the installation may change with little to no notice. During FPCON Charlie, contractors without a "C" on their CAB may be denied access. Depending on the incident or threat, all personnel to include contractors may be denied access to the installation for safety/security reasons. (I) Contractors are subject to spot checks or inspections of their vehicles and personal items at entry control points or facility access points during higher threats or during random antiterrorism measure checks. Failure to comply with these added security measures may result in denial of access to the installation. (II) Contractors are encouraged to receive Antiterrorism Awareness Training annually available at no cost, but it is not required in CONUS. Installation, Mission Element or the Unit Antiterrorism Representative (ATR) can provide this training when requested. Contractors can play an important role in protecting the installation and are encouraged to report suspicious activity to Security Forces by either calling 911 during emergencies or 333-2000. (ii) Operations Security (OPSEC): As applicable based on the scope and nature of the contract, the contractor shall comply with Government OPSEC guidance and training as prescribed in AFI 10-701, Operations Security, Chapter 4, paragraph 4.1 and AFI 33-332, Privacy Act, for handling of For Official Use Only (FOUO) information and HQ 10 ABW/CC Memorandum, USAFA Operations Security (OPSEC) Policy. Government provided OPSEC training is offered at no charge to the contractor. The contractor shall notify the applicable Unit OPSEC representative of the using activity receiving the contracted support, within one business day upon the discovery of any OPSEC violations (iii) Communications Security (COMSEC): The contractor shall comply with Government COMSEC requirements as contained in AFI 33-201V2, Communications Security, user requirements and USAFA COMSEC Manager guidance/directives. (5) Added: Prior to contractor employees providing services on the installation under this contract, the contractor shall validate that all contractor employees performing services on the installation are United States citizen or hold a valid resident alien status providing proof of alien registration with the Immigration and Customs Enforcement Service. (i) Background Checks. Prior to contractor personnel working on USAFA installation properties, the contractor shall agree that USAFA Security Forces may conduct a criminal history check, as applicable, on any or all employees performing on this contract. Criminal history checks may include accessing the appropriate state crime information center and national crime information center database to include, but not limited to, any state listed by the employee as current and past addresses. If this contract requires that any of the contractor's personnel must submit to a National Agency Check with Inquiries (NACI) background check, the Government shall bear the expense of that background check. Contractor employees found in violation of this process will be immediately removed from Academy grounds, are subject to barment, and will not be allowed to re-enter until completion of the CAB process. (ii) Convictions. Based on the results of the background check, any felony conviction in the past ten (10) years shall constitute indisputable grounds for the Contracting Officer (CO), with coordination from the 10th Air Base Wing Commander, to immediately require denial of access or removal of the employee from the effort under this contract. For felony convictions more than ten (10) years ago, the contractor may recommend the employee be retained on the contract. In addition, any misdemeanor conviction in the past five (5) years shall also constitute indisputable grounds, with coordination from the 10th Air Base Wing Commander, to restrict or immediately remove employees from effort under this contract. (I) Applicable convictions include: Murder; Assault with intent to commit murder; Espionage; Sedition (Conspiracy); Kidnapping or hostage taking; Treason; Rape or aggravated sexual abuse; Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon; Extortion; Distribution or intent to distribute a controlled substance; Illegal possession of a controlled substance; and Any felony conviction involving: Armed or unarmed robbery, Arson, Acts involving a threat, Willful destruction of property, Importation or manufacture of a controlled substance, Burglary or theft, Dishonesty, fraud, or misrepresentation, Possession or distribution of stolen property, Aggravated assault, Bribery, Violence at international airports (18 USC 37), or Conspiracy or attempt to commit any of the criminal acts listed above or any violations of immigration and naturalization laws. (II) Actions that involve restrictions or removal do not relieve the contractor from complete and satisfactory performance of the contract tasks specified herein. (iii) Warrants. If during the course of the CABs processing, any contractor personnel are found to have an outstanding warrant, Security Forces may detain the contractor employee and may notify the appropriate law enforcement authorities. The 10th Air Base Wing Commander may issue a barment letter based upon the gravity of the offenses surrounding a warrant. (iv) Barment. Employees removed by the CO may also be subject to barment from entering the USAFA. (I) Barment appeals are processed through 10th Security Forces Squadron Commander to the 10th Air Base Wing Commander who may rescind the barment and permit the contractor employee to work on the installation. (II) Individuals have 30 days from the date of the initial contractor access denial letter to submit a justification in writing to 10 SFS/S5B, along with any notarized copies of court documents or other documents they determine necessary to rebut the disqualifying information. (III) In the case of a barment based on an outstanding warrant, the contractor may appeal the barment through the 10th Security Forces Squadron Commander to the 10th Air Base Wing Commander who may rescind the barment and permit the contractor employee to work on the installation. (IV) The CO may require the contractor to restrict the employee's use on this contract until the case is resolved. (V) Actions that involve barment do not relieve the contractor from complete and satisfactory performance of the contract tasks specified herein. (b) See USAFA implementation procedures below. (1) Added: The contractor shall submit a letter to the CO specifying contractor personnel authorized to sign a USAFA Form 111, Application for Personnel and Vehicle Pass to Work Under Air Force Contract. The contractor shall submit a USAFA Form 111 on each contractor employee requiring access to the installation to perform work cited in the contract. All contractors require issuance of a CAB from the Pass and Registration Center (PRC). CABs will be issued to contractors performing duties on USAFA as identified on the USAFA Form 111 and who require weekly access to the installation for a period of time exceeding 7 days. If required access is less than 7 days, contractors are issued an AF Form 75, Visitor Pass. CABs will be issued for a performance period not to exceed one year. (2) Added: The CO, Contract Specialist (CS) or Sponsoring Official will endorse the USAFA Form 111 and the individual requiring the badge will hand-carry the original USAFA Form 111 to the PRC for processing. Badges processed by contractors themselves will not be accepted. Contractor personnel are required to prominently display their CABs in a visible location above their waist while visiting or performing work on the installation. The Contracting Office may restrict the contractor's employees from accessing the installation(s) until CABs are obtained. The CO will maintain a copy of all USAFA Form 111s accomplished for each contract for accountability of badges issued. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to work site. (1) Added: CABs shall be returned by the contractor to the PRC within 5 calendar days after the employee no longer requires access to the work site. (2) Added: Contractors are required to submit a letter to the CO immediately after employee(s) being terminated or otherwise leaving their employment on a contract. The letter shall contain the names(s) of the individuals(s) with their social security numbers. The CO will endorse the letter and forward it to PRC. The contractors shall collect CABs and return them to the PRC within 5 days. (3) Added: At the end of each performance period (i.e. options) and at the expiration of the contract, the contractor shall submit a letter to the CO containing the number of badges issued on each contract, the names of the individuals with their social security numbers, and identify those badges being returned. The CO will verify the names and number of badges on the letter utilizing their copy of the USAFA Form 111. The CO will maintain a copy of the letter and forward the contractor's original letter to PRC. By endorsement of the letter, the PRC will notify the CO of receipt of all badges or of any discrepancies. (4) Added: Denial of Access of Contractor Employees. The Government reserves the right to deny access of contractor employee(s) for substantiated misconduct (has the potential to jeopardize the mission, put themselves or others at risk, etc.) or security reasons. This action does not relieve the contractor from complete and satisfactory performance of the contract tasks specified herein. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1 Air Force Installation Security Program and AFI 31-501, Personnel Security Program Management, Paragraphs 3.24 and 3.27. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. (End of clause) ADDENDUM - USAF Academy Invoicing Instruction (Revised 4/23/08) a. In accordance with DFARS 252-232-7003, Electronic Submission of Payment Requests, the contractor shall submit payment (invoice) requests through the Wide Area Workflow (WAWF) System. For information on WAWF, including how to register, visit the WAWF website at https://wawf.eb.mil. Web Based Training (WBT) is available at http://www/wawftraining.com. If you need any further assistance you can contact the Contract Specialist or Contracting Officer whose name appears on the contract. b. The address and DODAAC of the payment office (effective 1 Jun 06) is: Defense Finance and Accounting Service ATTN: DFAS-BAASD/CC P. O. Box 369020 Columbus, OH 43236-9020 ATTN: VENDOR PAY (DODAAC F67100) (End of Addendum) Department of Defense Health Insurance Portability and Accountability Act (HIPAA) December 2, 2009 Introduction In accordance with DoD 6025.18-R "Department of Defense Health Information Privacy Regulation," January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Contractor 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. 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). Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. 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 Contractor from or on behalf of the Government pursuant to the Contract. Electronic Protected Health Information has the same meaning as the term "electronic protected health information" in 45 CFR 160.103. Required by Law has the same meaning as the term "required by law" in 45 CFR 164.103. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C. 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 Contractor 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 Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. (d) The Contractor 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 Contractor shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor 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 Contractor shall report to the Government any security incident involving protected health information of which it becomes aware. (g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware. (h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. (i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (j) The Contractor 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 Contractor 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 Contractor 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 Contractor, 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 Contractor 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 Contractor 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. General Use and Disclosure Provisions Except as otherwise limited in this Clause, the Contractor 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. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor. (b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor 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 Contractor 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 Contractor 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) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1). Obligations of the Government Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions (a) The Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520. (b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures. (c) The Government shall notify the Contractor 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. Permissible Requests by the Government The Government shall not request the Contractor 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 Contractor as otherwise permitted by this clause. Termination (a) Termination. A breach by the Contractor of this clause, may subject the Contractor 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 Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information. (3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor 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 Contractor maintains such Protected Health Information. 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.
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Place of Performance: Address: Medical Support SQ, 4102 Pinion Dr Suite 100, USAF Academy, Colorado, 80840, United States; Zip Code: 80840
Record: SN02092622-W 20100317/100315235042-e9cd5a3d8f2b54658ed46c3a03487912 (fbodaily.com)
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