SOLICITATION NOTICE
D -- Cable Basic & Expanded TV Services
- Notice Date
- 7/17/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- #517110
— Wired Telecommunications Carriers
- Contracting Office
- Department of the Navy, Bureau of Medicine and Surgery, NMC Portsmouth, 54 Lewis Minor St, Portsmouth, Virginia, 23708-2297, United States
- ZIP Code
- 23708-2297
- Solicitation Number
- N00183-13-T-0309-0001
- Archive Date
- 8/6/2013
- Point of Contact
- Harold D Woodley, Phone: 757-953-7276, Lyn G Wilson, Phone: 757-953-5001
- E-Mail Address
-
harold.woodley@med.navy.mil, lyn.wilson@med.navy.mil
(harold.woodley@med.navy.mil, lyn.wilson@med.navy.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- 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 Hospital Beaufort POC: Brian Jackson Phone: 843-228-5377 Email: brian.jackson@med.navy.mil Vendor to reference RFQ number N00183-13-T-0309 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 12 Months Cable Basic & Expanded TV Services FFP Building 1: 71 paid drops, 16 waiting area drops. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6133713RCTE008 PURCHASE REQUEST NUMBER: N6133713RCTE008 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 12 Months Cable Basic & Expanded TV Services FFP Building 12: 1 paid drop, no waiting area drops. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6133713RCTE008 PURCHASE REQUEST NUMBER: N6133713RCTE008 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 12 Months Cable Basic & Expanded TV Services FFP Building 14: 1 paid drop, no waiting area drops. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6133713RCTE008 PURCHASE REQUEST NUMBER: N6133713RCTE008 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 12 Months Cable Basic & Expanded TV Services FFP Building 15: 2 paid drops, no waiting area drops. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6133713RCTE008 PURCHASE REQUEST NUMBER: N6133713RCTE008 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 12 Months Cable Basic & Expanded TV Services FFP Building 148: 0 paid drops, 2 lounges (no cost). See Section C for Statement of Work. FOB: Destination MILSTRIP: N6133713RCTE008 PURCHASE REQUEST NUMBER: N6133713RCTE008 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 12 Months Cable Basic & Expanded TV Services FFP MCRD Parris Island Medical Building 669: 21 paid drops, no waiting area drops. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6133713RCTE008 PURCHASE REQUEST NUMBER: N6133713RCTE008 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0007 12 Months Cable Basic & Expanded TV Services FFP MCRD Parris Island Dental Building 674: 9 paid drops, no waiting area drops. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6133713RCTE008 PURCHASE REQUEST NUMBER: N6133713RCTE008 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0008 12 Months Cable Basic & Expanded TV Services FFP Provide Contractor's High Speed Internet Plus Service with 3M download/384k upload speed (Internet Plus-3M X 384K) service to BEQ Building 148 and Education and Training Building 12 ($79.99/month per cable modem drop). See Section C for Statement of Work. FOB: Destination MILSTRIP: N6133713RCTE008 PURCHASE REQUEST NUMBER: N6133713RCTE008 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0009 12 Months Cable Basic & Expanded TV Services FFP Building 1: WiFi. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6133713RCTE008 PURCHASE REQUEST NUMBER: N6133713RCTE008 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0010 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 1: 71 paid drops, 16 waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0011 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 12: 1 paid drop, no waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0012 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 14: 1 paid drop, no waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0013 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 15: 2 paid drops, no waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0014 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 148: 0 paid drops, 2 lounges (no cost). See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0015 12 Months OPTION Cable Basic & Expanded TV Services FFP MCRD Parris Island Medical Building 669: 21 paid drops, no waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0016 12 Months OPTION Cable Basic & Expanded TV Services FFP MCRD Parris Island Medical Building 674: 9 paid drops, no waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0017 12 Months OPTION Cable Basic & Expanded TV Services FFP Provide Contractor's High Speed Internet Plus Service with 3M download/384k upload speed (Interneth Plus-3M X 384k) service to BEQ Building 148 and Education and Training Building 12 ($79.99/month per cable modem drop). See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0018 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 1: WiFi. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0019 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 1: 71 paid drops, 16 waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0020 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 12: 1 paid drop, no waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0021 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 14: 1 paid drop, no waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0022 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 15: 2 paid drops, no waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0023 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 148: 0 paid drops, 2 lounges (no cost). See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0024 12 Months OPTION Cable Basic & Expanded TV Services FFP MCRD Parris Island Medical Building 669: 21 paid drops, no waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0025 12 Months OPTION Cable Basic & Expanded TV Services FFP MCRD Parris Island Dental Building 674: 9 paid drops, no waiting area drops. See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0026 12 Months OPTION Cable Basic & Expanded TV Services FFP Provide Contractor's High Speed Internet Plus Service with 3M download/384k upload speed (Internet Plus-3M X 384K) service to BEQ Building 148 and Education and Training Building 12 ($79.99/month per cable modem drop). See Section C for Statement of Work. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0027 12 Months OPTION Cable Basic & Expanded TV Services FFP Building 1: WiFi. See Section C for Statement of Work. FOB: Destination NET AMT Section C - Descriptions and Specifications CLAUSES INCORPORATED BY FULL TEXT STATEMENT OF WORK Contractor to provide Cable Basic & Expanded TV Service to each of the cable TV demarcation points for the buildings listed in Section B, with sufficient strength & of clear quality. All waiting areas & lounges, quantity for each building listed in Section B are to be provided as complimentary and free of charge. All other areas, quantity listed in Section B, to be charged at a rate of $15.40 per drop. Contractor to maintain the service, with clear and sufficient signal quality, up to each building's demarcation point, inclusive of the demarcation points, contractor owned, distribution amplifier, at no cost. All service maintenance will be at no cost. It is understood that the cable TV equipment and cabling beyond the demarcation point at each building, with the exception of the Medical Building, Building 669, is Government owned. The distribution amplifier at MCRD Parris Island Medical Building's demarcation point and cabling beyond the demarcation point belongs to the Government. Additions/changes to locations/type of service will be made through modifications to the contract. 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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 01-AUG-2013 TO 31-JUL-2014 N/A NAVAL HOSPITAL BEAUFORT RECEIVING OFFICER 1 PINCKNEY BOULEVARD BEAUFORT SC 29902-6148 843-228-5375 FOB: Destination N61337 0002 POP 01-AUG-2013 TO 31-JUL-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0003 POP 01-AUG-2013 TO 31-JUL-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0004 POP 01-AUG-2013 TO 31-JUL-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0005 POP 01-AUG-2013 TO 31-JUL-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0006 POP 01-AUG-2013 TO 31-JUL-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0007 POP 01-AUG-2013 TO 31-JUL-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0008 POP 01-AUG-2013 TO 31-JUL-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0009 POP 01-AUG-2013 TO 31-JUL-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0010 POP 01-AUG-2014 TO 31-JUL-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0011 POP 01-AUG-2014 TO 31-JUL-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0012 POP 01-AUG-2014 TO 31-JUL-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0013 POP 01-AUG-2014 TO 31-JUL-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0014 POP 01-AUG-2014 TO 31-JUL-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0015 POP 01-AUG-2014 TO 31-JUL-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0016 POP 01-AUG-2014 TO 31-JUL-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0017 N/A N/A N/A N/A 0018 POP 01-AUG-2014 TO 31-JUL-2015 N/A NAVAL HOSPITAL BEAUFORT RECEIVING OFFICER 1 PINCKNEY BOULEVARD BEAUFORT SC 29902-6148 843-228-5375 FOB: Destination N61337 0019 POP 01-AUG-2015 TO 31-JUL-2016 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0020 POP 01-AUG-2015 TO 31-JUL-2016 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0021 POP 01-AUG-2015 TO 31-JUL-2016 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0022 POP 01-AUG-2015 TO 31-JUL-2016 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0023 POP 01-AUG-2015 TO 31-JUL-2016 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0024 N/A N/A N/A N/A 0025 POP 01-AUG-2015 TO 31-JUL-2016 N/A NAVAL HOSPITAL BEAUFORT RECEIVING OFFICER 1 PINCKNEY BOULEVARD BEAUFORT SC 29902-6148 843-228-5375 FOB: Destination N61337 0026 POP 01-AUG-2015 TO 31-JUL-2016 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 0027 POP 01-AUG-2015 TO 31-JUL-2016 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N61337 CLAUSES INCORPORATED BY REFERENCE 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 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) N61337 Accept at Other DoDAAC N/A LPO DoDAAC N61337 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: brian.jackson@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. 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." 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 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2013 52.204-13 Central Contractor Registration Maintenance DEC 2012 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 1989 52.222-49 Service Contract Act -- Place Of Performance Unknown MAY 1989 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 52.232-25 Prompt Payment OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration OCT 2003 52.233-1 Disputes JUL 2002 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 52.253-1 Computer Generated Forms JAN 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration Alternate A MAY 2013 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 date (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 date (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 3 years. (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) 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 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://www.arnet.gov/far (End of provision Section M - Evaluation Factors for Award CLAUSES INCORPORATED BY REFERENCE 52.217-5 Evaluation Of Options JUL 1990
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