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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 19, 2013 FBO #4317
SOLICITATION NOTICE

J -- Comprehensive Service Plan

Notice Date: 9/17/2013
Notice Type: Combined Synopsis/Solicitation
NAICS: 811219 — Other Electronic and Precision Equipment Repair and Maintenance
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-0469
Archive Date: 10/7/2013
Point of Contact: Harold D Woodley, Phone: 757-953-7276, Danny W Davis, Phone: 757-953-2910
E-Mail Address: harold.woodley@med.navy.mil, danny.davis2@med.navy.mil
(harold.woodley@med.navy.mil, danny.davis2@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: Navy & Marine Corps Public Health Center POC: Darlene Knight Phone: 757-953-0925 Email: darlene.knight@med.navy.mil Vendor to reference RFQ number N00183-13-T-0469 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 REQUIRING 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 4 Quarter (Time) Comprehensive Service Contract FFP Coverage Plan with 1 PM visit per year. AA Instrument Serial # 601S73030104. 12 Month Comprehensive Service Plan. 2 PM visits: Parts, travel, Labor, Phone Support. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6854614RCC5002 PURCHASE REQUEST NUMBER: N6854614RCC5002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 4 Quarter (Time) Comprehensive Service Plan FFP AA Software Serial # 601S73030104. 12 Month Comprehensive Service Plan. 2 PM visits: Parts, travel, Labor, Phone Support. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6854614RCC5002 PURCHASE REQUEST NUMBER: N6854614RCC5002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 4 Quarter (Time) Comprehensive Service Plan FFP AS800 Instruments Autosampler Serial # 601S73030104. 12 Month Comprehensive Service Plan. 1 PM visit: Parts, travel, Labor, Phone Support. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6854614RCC5002 PURCHASE REQUEST NUMBER: N6854614RCC5002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 4 Quarter (Time) Comprehensive Service Plan FFP AA Instrument Serial # 601S7090401. 12 Month Comprehensive Service Plan. 2 PM visits: Parts, travel, Labor, Phone Support. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6854614RCC5002 PURCHASE REQUEST NUMBER: N6854614RCC5002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 4 Quarter (Time) Comprehensive Service Plan FFP AA Software Serial # 601S7090401. 12 Month Comprehensive Service Plan. 2 PM visits: Parts, travel, Labor, Phone Support. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6854614RCC5002 PURCHASE REQUEST NUMBER: N6854614RCC5002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 4 Quarter (Time) Comprehensive Service Plan FFP AS800 Autosampler Serial # 801S7091002. 12 Month Comprehensive Service Plan. 1 PM visit: Parts, travel, Labor, Phone Support. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6854614RCC5002 PURCHASE REQUEST NUMBER: N6854614RCC5002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0007 4 Quarter (Time) Comprehensive Service Plan FFP Polyscience Chiller, Serial # G43538 FEP. 12 Month Comprehensive Service Plan. 2 PM visits: Parts, travel, Labor, Phone Support. This is for AA Instrument Serial # 601S7090401. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6854614RCC5002 PURCHASE REQUEST NUMBER: N6854614RCC5002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0008 4 Quarter (Time) Comprehensive Service Plan FFP Optima 4300DV, Serial # 077N4121601. 12 Month Comprehensive Service Plan. 2 PM visits: Parts, travel, Labor, Phone Support. This is for AA Software Serial # 601S7090401. See Section C for Statement of Work. FOB: Destination MILSTRIP: N6854614RCC5002 PURCHASE REQUEST NUMBER: N6854614RCC5002 NET AMT Section C - Descriptions and Specifications CLAUSES INCORPORATED BY FULL TEXT EQUIPMENT SERVICE/MAINTENANCE CONTRACT STATEMENT OF WORK FOR THE FOLLOWING: 1. AANALYST600 (AA INSTRUMENT-GFF) SERIAL # 601S7090401 2. AASOFTWARE (AA WINLAB SOFTWARE) SERIAL # 601S7090401 3. AS800 FURNACE AUTOSAMPLER SERIAL # 801S7091002 GENERAL REQUIREMENTS: The effort required hereunder should be performed in accordance with Statement of work and in accordance with all other terms and conditions set forth herein. Vendor to be responsible for total maintenance of all equipment listed, including all systems, subsystem components, and assemblies, (i.e.: contractor responsible for total maintenance of entire system). All maintenance provisions shall apply to hardware, firmware, and software, as appropriate, unless otherwise stated. Vendor price shall be inclusive of all cost including parts, labor and any required travel. The contractor shall provide all services, materials and equipment necessary for the maintenance of AANALYST-600; Instrument Type: Graphite Furnace Atomic Absorption Spectrophotomer, with the accompanying proprietary WinLab Software, and the AS800 Furnace Autosampler, located in the Comprehensive Industrial Hygiene Laboratory CIHL), Naval Station, at the Navy and Marine Public Health Center, (NMCPHC) San Diego, CA 92136, to ensure dependable and reliable operation of the equipment. The scope of work performed under these specifications includes The Basic Coverage Plan Service Agreement that provides the furnishing of all labor, equipment, materials and parts to perform all services for the preventive maintenance, repair and inspection of all equipment listed to assure continued operation at their designed efficiency and capacity. INSPECTION shall include cleaning, lubrication, verifying electrical calibration, mechanical and electrical adjustments and installation of all necessary parts. THE CONTRACTOR SHALL PERFORM THE FOLLOWING FUNCTIONS: 1. Perform routine and emergency maintenance on the Govt. owned instrument listed above. 2. Perform all maintenance to industry standards. 3. Insure that only FULLY QUALIFIED FIELD ENGINEERS AND TECHNICIANS, who have gone through original equipment manufacturer (OEM) or comparable third party service schools for the above mentioned equipment, shall be employed in the performance of any and all work performed under this contract. The highest standard of professional capability and electrical/mechanical workmanship is to be maintained throughout the life of this contract. 4. Make repairs to the extent necessary (as determined by inspection tests or disassembly) to ensure a functional system that will efficiently serve its intended purpose. 5. Correct inoperable condition in a timely manner including service response time of no later than (48) forty-eight hours after telephone notification, to a daytime 8 hour, 365 day, monitored contractor telephone number to be provided by the contractor, to the Consolidated Industrial Hygiene Laboratory and the Purchasing Division immediately upon contract award. 6. Check, clean, adjust and calibrate operation and scanning functions regularly and according to written schedule. 7. Replace worn, failed or doubtful components and parts including worn or frayed electrical wire or power cords. Where statistical data on similar equipment indicated failure point is approaching for any component, said component will be repaired or replace in advance to prevent system downtime/failure. 8. Provide only the work necessary to restore the equipment to a serviceable/operating condition by adjustments, replacement parts, or minor repairs when it is determined that extensive repairs and parts replacement are not necessary. 9. Install upgraded components and make system modification and improvements on a regular basis that is recommended by the manufacturer. Equipment improvements/modifications shall be made only or written approval and direction of the Comprehensive Industrial Hygiene Laboratory of NMCPHC. 10. Notify the Comprehensive Industrial Hygiene Laboratory of NMCPHC immediately upon receipt of OEM or replacement parts/equipment safety recall notices. 11. Insure that original design and functional capabilities will not be changed, modified, or altered unless the Comprehensive Industrial Hygiene Laboratory of NMCPHC authorizes such changes. 12. Provide suitable modern recommended repair equipment/tools required for the satisfactory execution of all repairs made. 13. Furnish manufacturer OEM approved lubricants and lubricate wear points within the equipment. 14. Insure that all work areas are properly cleaned of all repair/maintenance work residual immediately after completion of service call. 15. Extend to the Government all commercial warranties on replacement parts, consistent with standard industry practices. 16. Maintain an adequate spare parts inventory on parts with a history of high failure/replacement rates in an established service facility located geographically to permit a forty-eight (48) hour service call response arrival at Consolidated Industrial Hygiene Laboratory of NMCPHC. CONTRACT LENGTH: The contract agreement will be for a period of one (12 months) base year and one (12 months) option year periods of performance from the designated start date. SPECIAL CONDITIONS: TITLE TO EQUIPMENT: The contractor will not assume possession or control of any part of the equipment. The Government retains ownership to title thereof. LIABILITY: The contractor shall not be liable for any loss, damage, or delay due to any cause beyond his reasonable control including, but not limited to, acts of government, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief or acts of God. UTILITIES: The contractor may use Government utilities, (electrical power, compressed air, and vacuum) that is available and required for any service performed under this contract. Contractor electrical equipment must be approved by the building engineer to ensure compatibility with Navy Environmental and Preventive Medicine Unit No. 5 electrical wiring and equipment. ACCESS TO EQUIPMENT: Contractor personnel shall first report to the Laboratory Director, CIHL, or his designated representative, prior to commencement of any work under this contract. The contractor will be provided reasonable access to all equipment that is to be serviced and utility outlets required to the service. The contractor will be free to start and stop all primary equipment incidental to the operation of the maintained equipment after permission is received from Laboratory Director, CIHL, or his designated representative, responsible for such equipment. GOVERNMENT PERSONNEL: Comprehensive Industrial Hygiene Laboratory of NMCPHC employees will not perform maintenance or attempt repairs to equipment while such equipment is under the purview of this contract unless agreed to in writing by the contractor. MAINTENANCE INSPECTION DEFINITION: Preventive maintenance visits shall be performed to ensure proper equipment function. The work must be provided as defined above by a qualified technician. PARTS AVAILABILITY: To ensure minimal downtime to equipment, the contractor shall maintain replacement parts and materials necessary to perform each task or supply said parts and materials within two (2) days. COMPENSATION: Labor: All compensation for labor is included in the contract price. Parts & Material: All compensation for parts, and travel time is included in the contract price. Parts/Supplies Quality: Parts and supplies provided under this contract shall be guaranteed to be equal in all respects, including performance, interchangeability, durability and quality to the OEM parts with new or as presently recommended by the manufacturer. THE FOLLOWING EQUIPMENT TO BE SERVICED IS LOCATED IN THE COMPREHENSIVE INDUSTRIAL HYGIENE LABORATORY DEPARTMENT NAVY AND MARINE CORPS PUBLIC HEALTH CENTER BUILDING 3235, NAVAL STATION SAN DIEGO, CA 92136. BUILDING PHONE NO.: 619-556-7070. FAX: 619-556-7071. POINT OF CONTACT IS Kimberly Terneus-Fischer PHONE: 619-556-1427 ITEM # 1: AANALYST600 AA INSTRUMENT MANUF NAME: PERKIN-ELMER LOCATION: BLDG: #: 3235, (NEPMU-5 CIHL), ROOM 210, DECK: 2nd SERIAL: SERIAL # 601S7090401 USE: BLOOD LEAD ANALYSIS ITEM # 2: AA SOFTWARE MANUF NAME: PERKIN-ELMER LOCATION: BLDG: #: 3235, (NEPMU-5 CIHL), ROOM 210, DECK: 2nd SERIAL: SERIAL # 601S7090401 USE: BLOOD LEAD ANALYSIS ITEM # 3: AS800 AUTOSAMPLER MANUF NAME: PERKIN-ELMER LOCATION: BLDG: #: 3235, (NEPMU-5 CIHL), ROOM 210. DECK: 2nd SERIAL: SERIAL # 801S7091002 USE: BLOOD LEAD ANALYSIS 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 Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 01-OCT-2013 TO 30-SEP-2014 N/A N&MCPHC SAN DIEGO, NEPMU-5 DARLENE KNIGHT NAVAL BASE, 3235 ALBACORE ALLEY SAN DIEGO CA 92136-5199 757-953-0925 FOB: Destination N68546 0002 POP 01-OCT-2013 TO 30-SEP-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N68546 0003 POP 01-OCT-2013 TO 30-SEP-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N68546 0004 POP 01-OCT-2013 TO 30-SEP-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N68546 0005 POP 01-OCT-2013 TO 30-SEP-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N68546 0006 POP 01-OCT-2013 TO 30-SEP-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N68546 0007 POP 01-OCT-2013 TO 30-SEP-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N68546 0008 POP 01-OCT-2013 TO 30-SEP-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N68546 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) N68546 Accept at Other DoDAAC N/A LPO DoDAAC N68546 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: darlene.knight@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 theProtected 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 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 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 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 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 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 CLAUSES INCORPORATED BY FULL TEXT 52.219-6 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) 252.232-7001 DISPOSITION OF PAYMENTS (DEC 1991) Payment will be by a dual payee Treasury check made payable to the contractor or the and will be forwarded to that disbursing office for appropriate disposition. (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 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2013 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
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