FBODaily.com | FedBizOpps: PRESOL | 65 | Peptidomic Analysis Supplies and Services

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 31, 2015 FBO #5029
SOLICITATION NOTICE

65 -- Peptidomic Analysis Supplies and Services

Notice Date: 8/29/2015
Notice Type: Combined Synopsis/Solicitation
NAICS: 621511 — Medical Laboratories
Contracting Office: Southern Regional Contracting Ofc, ATTN: MCAA GP L31 9V, 3851 Roger Brooke Drive, Fort Sam Houston, TX 78234-6200
ZIP Code: 78234-6200
Solicitation Number: W81K00-15-T-M141
Response Due: 9/10/2015
Archive Date: 10/28/2015
Point of Contact: Pamela W. Owens, 706 787 0293
E-Mail Address: Southern Regional Contracting Ofc
(pamela.w.owens.civ@mail.mil)
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is W81K00-15-T-M141. This acquisition is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83 effective 03 August 2015. The North American Industry Classification System (NAICS) Code for this procurement is: 621511. Small Business Size Standard is $32.5M. This requirement is unrestricted. The U.S. Army Medical Command, Dwight D. Eisenhower Army Medical Center, Fort Gordon, Georgia has a requirement for the following: CLIN 0001: Provides for the following required supplies and services: A trained customer service representative able to assist remotely from 0800 am to 1800 pm, EST, Monday through Friday. Delivery will be coordinated by activity point of contact with contractor in accordance with the Performance Work Statement. Delivery of sample preparation from plasma using 20KD cutoff filters, LC-Mass Spectrometry/Metabolic Service on Q-executive tandem mass spectrometer and data base search and data analysis using Scaffold. Peptidomic Analysis of plasma samples. Mass spectrometry-based metabolomics and proteomics supplies and services necessary to analyze plasma samples. Spectrometry performed to identify and quantify analytics (Protein, peptides, lipid mediators, primary metabolites, oxylipins, complex lipids, steroids and fatty acid identified in the Performance Work Statement) in plasma samples Services are in support of the Department of Clinical Investigations, Dwight D. Eisenhower Army Medical Center, Fort Gordon, Georgia 30905-5650 for the period 15 September 2015 through 14 September 2016. Quantity: 50 Unit price: ____________________ Total Amount:____________________ Order Total: ____________________ This solicitation must be quoted all or none. To be delivered to: U S Army Medical Command, Dwight D. Eisenhower Army Medical Center, Department of Clinical Investigations, Fort Gordon, Georgia 30905. FOB Destination. The provisions at FAR 52.212-1, Instructions to Offerors - Commercial Items (June 2008) apply to this acquisition. The following is incorporated as an Addendum to 52.212-1: (m) Offerers should submit quote by email to Ms. Pamela Owens at email: pamela.w.owens.civ@mail.mil. not later than 12:00 pm, EST, September 10, 2015. (n) Point of Contacts (POCs) for Questions: Questions may be submitted by email only. The Contracting Officer and Contract Specialist are the sole points of contact for this procurement. Questions regarding this solicitation are to be submitted electronically to the Contract Specialist, Pamela Owens at pamela.w.owens.civ@mail.mil and the Contracting Officer, Gloria Brogsdale at Gloria.f.brogsdale.civ@mail.mil, no later than 12:00pm EST on September 4, 2015. (n) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and MEDCOM provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 for locations where full text can be obtained. 52.214-34 Submission of Offers in the English Language (April 1991); 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran Certification (DEC 2012); 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 or www.dtic.mil/dfars or www.farsite/hill.af.mil. (End of Provision) 52.252-5 Authorized Deviations in Provisions (Apr 1984). (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of quote mark (DEVIATION) quote mark after the date of the provision. (b) The use in this solicitation of any DoD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of quote mark (DEVIATION) quote mark after the name of the regulation. (End of Provision) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) 252.203-7998 Prohibition on Contracting with Entities That Require Certain Internal Confidentiality Agreements-Representations (Deviation 2015-00010 (FEB 2015) 252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or Felony Conviction Under any Federal Law - Fiscal Year 2015 Appropriations (Deviation 2015-00005) (DEC 2014) End of Addendum to 52.212-1. 52.212-2 Evaluation - Commercial Items (OCT 2014) Addendum to 52.212-2 (LC5005) Paragraph (a) is hereby replaced with the following: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whos offer conforming to the solicitation will be most advantageous to the Government, at the lowest price technically acceptable. Technical acceptability will be based on capability to meet all technical requirements in the PWS and in the solicitation. (End of Addendum to 52.212-2) 52.212-3 Offeror Representations and Certifications - Commercial Items (MAR 2015) Alternate I (OCT 2014) FAR 52.212-4, Contract Terms and Conditions- Commercial Items (DEC 2014) paragraph (a) through (t) applies to this acquisition. Addendum to 52.212-4 is the following paragraph (u): (u) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found. The following stand alone discretionary FAR and DFARS Clauses are incorporated by reference: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013); 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment (Aug 2013); 52.222-3 Convict Labor (June 2003); 52.222-19 Child Labor Cooperation with Authorities and Remedies (Jan 2014); 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 (Jul 2014); 52.222-44 Fair Labor Standards Act and Service Contract labor Standards - Price Adjustment (May 2014); 52.222-50 Combating Trafficking in Persons (Mar 2015); 52.222-54 Employment Eligibility Verification (Aug 2013); 52.223-2 Affirmative Procurement of Biobased Products Under Service and Contruction Contracts (Sep 2013); 52.223-3 Hazardous Materials Identification and Material Safety Data (Jan 1997); 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011); 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011)); 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008); 52.232-33 Payment By Electronic Funds Transfer System for Award Management (Jul 2013); 52.232-39 Unenforceability of unauthorized Obligations (Jun 2013); 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013); 52.233-3, Protest After Award (Aug 1996); 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004). 52.247-34 FOB Destination (Nov 1991); DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (Sep 2011); DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013); 252.204-7000 Disclosure of Information (Aug 2013); DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992); DFARS 252.225-7036 Buy America Act- Free Trade Agreements-Balance of Payments Program (Dec 2012); 252.225-7048 Export Controlled Items (Jun 2013); DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012); and 252.232-7010 Levies on Contract Payments (DEC 2006). The following clauses are incorporated in full text: 52.252-2 Clauses Incorporated by Reference (FEB 1998) with the websites noted in the last paragraph of this solicitation provided for access to full text of provisions and clauses; 52.252-6 Authorized Deviations in Clauses (APR 1984) with the words: DoD FAR Supplement 48 CFR Chapter 2 inserted in paragraph b; DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (JAN 2009); _ 252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (Jun 2013); and iRAPT Clause LC 5002. ARMY ELECTRONIC INVOICING INSTRUCTIONS Electronic Submission of Payment Request Invoicing, Receipt, Acceptance and Property Transfer (iRAPT) - formerly known as WAWF iRAPT is the authorized method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractor shall (i) register to use iRAPT at https://wawf.eb.mil and (ii) ensure an electronic business point of contract (POC) is designated in the System for Award Management at https://www.sam.gov within ten (10) calendar days after award of this contract/order. iRAPT Instructions: Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) location listed in Block 18a of your purchase order/contract. Please have your purchase order/contract number ready when calling about payments. You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire status of your payment. The following codes and information will be required to assure successful flow of iRAPT documents. Foreign Vendors will submit banking information in the Comments Tab of the iRAPT invoice. TYPE OF DOCUMENT [X the appropriate block] ___ Invoice (Contractor Only) ___ Invoice and Receiving Report (COMBO) _X_ Invoice as 2-in-1 (Services Only) ___ Receiving Report (Government Only) CAGE CODE: ISSUE BY DODAAC: W81K00 ADMIN BY DODAAC: W81K00 INSPECT BY DODAAC: W33BWP ACCEPT BY DODAAC: W33BWP SHIP TO DODAAC: W33BWP PAYMENT OFFICE FISCAL STATION CODE: HQ0490 EMAIL POINTS OF CONTACT LISTING: (Use Group e-mail accounts if applicable) INSPECTOR: ACCEPTOR : RECEIVING OFFICE POC: CONTRACT ADMINISTRATOR/ SPECIALIST: Pamela.w.owens.civ@mail.mil DSN: 773 -0293 Comm: 706 787-0293 - Fax: 706 787-5681 CONTRACTING OFFICER: Gloria.f.brogsdale.civ@mail.mil DSN: 773-7696 Comm: 706 787-7696 - Fax: 706 787-5681 ADDITIONAL CONTACT: Any modification requests must be in writing and submitted to: ADMIN DODAAC. Attn: Ms. Pamela W. Owens, Contract Specialist and Ms. Gloria F. Brogsdale, Contracting Officer. (End of clause) HCAA Local Clause 5001 - Non-Defense Health Agency (Non-DHA) Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement (BAA) (7 July 2014) Introduction In accordance with 45 CFR 164.502(e)(2) and 164.504(e) and paragraph C.3.4.1.3 of DoD 6025.18-R, quote mark DoD Health Information Privacy Regulation, quote mark January 24, 2003, this document serves as a BAA between the signatory parties for purposes of the HIPAA and the quote mark HITECH Act quote mark amendments thereof, as implemented by the HIPAA Rules and DoD HIPAA Issuances (both defined below). The parties are a DoD Military Health System (MHS) component, acting as a HIPAA covered entity, and a DoD contractor, acting as a HIPAA business associate. The HIPAA Rules require BAAs between covered entities and business associates. Implementing this BAA requirement, the applicable DoD HIPAA Issuance (DoD 6025.18-R, paragraph C3.4.1.3) provides that requirements applicable to business associates must be incorporated (or incorporated by reference) into the contract or agreement between the parties. (a) Catchall Definition. Except as provided otherwise in this BAA, the following terms used in this BAA shall have the same meaning as those terms in the DoD HIPAA Rules: Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices (NoPP), Protected Health Information (PHI), Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. -Breach means actual or possible loss of control, unauthorized disclosure of or unauthorized access to PHI or other PII (which may include, but is not limited to PHI), where persons other than authorized users gain access or potential access to such information for any purpose other than authorized purposes, where one or more individuals will be adversely affected. The foregoing definition is based on the definition of breach in DoD Privacy Act Issuances as defined herein. -Business Associate shall generally have the same meaning as the term quote mark business associate quote mark in the DoD HIPAA Issuances, and in reference to this BAA, shall mean [insert name of Business Associate signatory to this BAA]. -Agreement means this BAA together with the documents and/or other arrangements under which the Business Associate signatory performs services involving access to PHI on behalf of the MHS component signatory to this BAA. -Covered Entity shall generally have the same meaning as the term quote mark covered entity quote mark in the DoD HIPAA Issuances, and in reference to this BAA, shall mean [insert name of MHS component signatory to this BAA]. -DHA Privacy Office means the DHA Privacy and Civil Liberties Office. The DHA Privacy Office Director is the HIPAA Privacy and Security Officer for DHA, including the National Capital Region Medical Directorate (NCRMD). -DoD HIPAA Issuances means the DoD issuances implementing the HIPAA Rules in the DoD Military Health System (MHS). These issuances are DoD 6025.18-R (2003), DoDI 6025.18 (2009), and DoD 8580.02-R (2007). -DoD Privacy Act Issuances means the DoD issuances implementing the Privacy Act, which are DoDD 5400.11 (2007) and DoD 5400.11-R (2007). -HHS Breach means a breach that satisfies the HIPAA Breach Rule definition of breach in 45 CFR 164.402. -HIPAA Rules means, collectively, the HIPAA Privacy, Security, Breach and Enforcement Rules, issued by the U.S. Department of Health and Human Services (HHS) and codified at 45 CFR Part 160 and Part 164, Subpart E (Privacy), Subpart C (Security), Subpart D (Breach) and Part 160, Subparts C-D (Enforcement), as amended by the 2013 modifications to those Rules, implementing the quote mark HITECH Act quote mark provisions of Pub. L. 111-5. See 78 FR 5566-5702 (Jan. 25, 2013) (with corrections at 78 FR 32464 (June 7, 2013)). Additional HIPAA rules regarding electronic transactions and code sets (45 CFR Part 162) are not addressed in this BAA and are not included in the term HIPAA Rules. -Service-Level Privacy Office means one or more offices within the military services (Army, Navy, or Air Force) with oversight authority over Privacy Act and HIPAA privacy compliance. I. Obligations and Activities of Business Associate (a) The Business Associate shall not use or disclose PHI other than as permitted or required by the Agreement or as required by law. (b) The Business Associate shall use appropriate safeguards, and comply with the DoD HIPAA Rules with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by the Agreement. (c) The Business Associate shall report to Covered Entity any Breach of which it becomes aware, and shall proceed with breach response steps as required by Part V of this BAA. With respect to electronic PHI, the Business Associate shall also respond to any security incident of which it becomes aware in accordance with any Information Assurance provisions of the Agreement. If at any point the Business Associate becomes aware that a security incident involves a Breach, the Business Associate shall immediately initiate breach response as required by part V of this BAA. (d) In accordance with 45 CFR 164.502(e)(1)(ii)) and 164.308(b)(2), respectively), as applicable, the Business Associate shall ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such PHI. (e) The Business Associate shall make available PHI in a Designated Record Set, to the Covered Entity or, as directed by the Covered Entity, to an Individual, as necessary to satisfy the Covered Entity obligations under 45 CFR 164.524. (f) The Business Associate shall make any amendment(s) to PHI in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity's obligations under 45 CFR 164.526. (g) The Business Associate shall maintain and make available the information required to provide an accounting of disclosures to the Covered Entity or an individual as necessary to satisfy the Covered Entity's obligations under 45 CFR 164.528. (h) To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under the HIPAA Privacy Rule, the Business Associate shall comply with the requirements of HIPAA Privacy Rule that apply to the Covered Entity in the performance of such obligation(s); and (i) The Business Associate shall make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules. II. Permitted Uses and Disclosures by Business Associate (a) The Business Associate may only use or disclose PHI as necessary to perform the services set forth in the Agreement or as required by law. The Business Associate is not permitted to de-identify PHI under DoD HIPAA issuances or the corresponding 45 CFR 164.514(a)-(c), nor is it permitted to use or disclose de-identified PHI, except as provided by the Agreement or directed by the Covered Entity. (b) The Business Associate agrees to use, disclose and request PHI only in accordance with the HIPAA Privacy Rule quote mark minimum necessary quote mark standard and corresponding DHA policies and procedures as stated in the DoD HIPAA Issuances. (c) The Business Associate shall not use or disclose PHI in a manner that would violate the DoD HIPAA Issuances or HIPAA Privacy Rules if done by the Covered Entity, except uses and disclosures for the Business Associate's own management and administration and legal responsibilities or for data aggregation services as set forth in the following three paragraphs. (d) Except as otherwise limited in the Agreement, the Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. The foregoing authority to use PHI does not apply to disclosure of PHI, which is covered in the next paragraph. (e) Except as otherwise limited in the Agreement, the Business Associate may disclose PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are required by law, or the Business Associate obtains reasonable assurances from the person to whom the PHI is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purposes 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. (f) Except as otherwise limited in the Agreement, the Business Associate may use PHI to provide Data Aggregation services relating to the Covered Entity's health care operations. III. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions (a) The Covered Entity shall provide the Business Associate with the notice of privacy practices that the Covered Entity produces in accordance with 45 CFR 164.520 and the corresponding provision of the DoD HIPAA Issuances. (b) The Covered Entity shall notify the Business Associate of any changes in, or revocation of, the permission by an Individual to use or disclose his or her PHI, to the extent that such changes affect the Business Associate's use or disclosure of PHI. (c) The Covered Entity shall notify the Business Associate of any restriction on the use or disclosure of PHI that the Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such changes may affect the Business Associate's use or disclosure of PHI. IV. Permissible Requests by Covered Entity The Covered Entity shall not request the Business Associate to use or disclose PHI in any manner that would not be permissible under the HIPAA Privacy Rule or any applicable Government regulations (including without limitation, DoD HIPAA Issuances) if done by the Covered Entity, except for providing Data Aggregation services to the Covered Entity and for management and administrative activities of the Business Associate as otherwise permitted by this BAA. V. Breach Response (a) In general. In the event of a breach of PII/PHI held by the Business Associate, the Business Associate shall follow the breach response requirements set forth in this Part V, which is designed to satisfy both the Privacy Act and HIPAA as applicable. If a breach involves PII without PHI, then the Business Associate shall comply with DoD Privacy Act Issuance breach response requirements only; if a breach involves PHI (a subset of PII), then the Business Associate shall comply with both Privacy Act and HIPAA breach response requirements. A breach involving PHI may or may not constitute an HHS Breach. If a breach is not an HHS Breach, then the Business Associate has no HIPAA breach response obligations. In such cases, the Business Associate must still comply with breach response requirements under the DoD Privacy Act Issuances. If the DHA Privacy Office determines that a breach is an HHS Breach, then the Business Associate shall comply with both the HIPAA Breach Rule and DoD Privacy Act Issuances, as directed by the DHA Privacy Office, regardless of whether the breach occurs at DHA or at one of the Service components. If the DHA Privacy Office determines that the breach does not constitute an HHS Breach, then the Business Associate shall comply with DoD Privacy Act Issuances, as directed by the applicable Service-Level Privacy Office. The Business Associate shall contact the Covered Entity for guidance when the incident is not an HHS Breach. This Part V is designed to satisfy the DoD Privacy Act Issuances and the HIPAA Breach Rule as implemented by the DoD HIPAA Issuances. In general, for breach response, the Business Associate shall report the breach to the Covered Entity, assess the breach incident, notify affected individuals, and take mitigation actions as applicable. Because DoD defines quote mark breach quote mark to include possible (suspected) as well as actual (confirmed) breaches, the Business Associate shall implement these breach response requirements immediately upon the Business Associate's discovery of a possible breach. (b) Government Reporting Provisions The Business Associate shall report the breach within one hour of discovery to the Covered Entity and to the US Computer Emergency Readiness Team (US CERT) -the other parties as deemed appropriate by the Covered Entity. The Business Associate is deemed to have discovered a breach as of the time a breach (suspected or confirmed) is known, or by exercising reasonable diligence would have been known, to any person (other than the person committing it) who is an employee, officer or other agent of the Business Associate. The Business Associate shall submit the US-CERT report using the online form at https://forms.us-cert.gov/report/. Before submission to US-CERT, the Business Associate shall save a copy of the on-line report. After submission, the Business Associate shall record the US-CERT Reporting Number. Although only limited information about the breach may be available as of the one hour deadline for submission, the Business Associate shall submit the US-CERT report by the deadline. The Business Associate shall e-mail updated information as it is obtained, following the instructions at http://www.us-cert.gov/pgp/email.html. The Business Associate shall provide a copy of the initial or updated US-CERT report to the -Covered Entity and the applicable Service-Level Privacy Office, if requested by either. Business Associate questions about US-CERT reporting shall be directed to the Covered Entity or Service-Level Privacy Office, not the US-CERT office. The additional US Army and the US Army Medical Command (MEDCOM) reporting requirements are addressed in the PII Breach Reporting and Notification Policy. The latest version of this policy can be obtained from the Covered Entity or the MEDCOM Privacy Act/Freedom of Information Act (FOIA) Office at: usarmy.jbsa.medcom.list.medcom-foia-users@mail.mil. If multiple beneficiaries are affected by a single event or related set of events, then a single reportable breach may be deemed to have occurred, depending on the circumstances. The Business Associate shall inform the Covered Entity as soon as possible if it believes that quote mark single event quote mark breach response is appropriate; the Covered Entity will determine how the Business Associate shall proceed and, if appropriate, consolidate separately reported breaches for purposes of Business Associate report updates, beneficiary notification, and mitigation. When a Breach Report initially submitted is incomplete or incorrect due to unavailable information, or when significant developments require an update, the Business Associate shall submit a revised form or forms, stating the updated status and previous report date(s) and showing any revisions or additions in red text. Examples of updated information the Business Associate shall report include, but are not limited to: confirmation on the exact data elements involved, the root cause of the incident, and any mitigation actions to include, sanctions, training, incident containment, follow-up, etc. The Business Associate shall submit these report updates promptly after the new information becomes available. Prompt reporting of updates is required to allow the Covered Entity to make timely final determinations on any subsequent notifications or reports. The Business Associate shall provide updates to the same parties as required for the initial Breach Report. The Business Associate is responsible for reporting all information needed by the Covered Entity to make timely and accurate determinations on reports to HHS as required by the HHS Breach Rule and reports to the Defense Privacy and Civil Liberties Office as required by DoD Privacy Act Issuances. In the event the Business Associate is uncertain on how to apply the above requirements, the Business Associate shall consult with the Covered Entity (or the Service-Level Privacy Office, which will consult with the DHA Privacy Office as appropriate) when determinations on applying the above requirements are needed. (c) Individual Notification Provisions If the DHA Privacy Office determines that individual notification is required, the Business Associate shall provide written notification to individuals affected by the breach as soon as possible, but no later than 10 working days after the breach is discovered and the identities of the individuals are ascertained. The 10 day period begins when the Business Associate is able to determine the identities (including addresses) of the individuals whose records were impacted. The Business Associate's proposed notification to be issued to the affected individuals shall be submitted to the parties to which reports are submitted under paragraph V (a) for their review, and for approval by the DHA Privacy Office. Upon request, the Business Associate shall provide the DHA Privacy Office with the final text of the notification letter sent to the affected individuals. If different groups of affected individuals receive different notification letters, then the Business Associate shall provide the text of the letter for each group. (PII shall not be included with the text of the letter(s) provided.) Copies of further correspondence with affected individuals need not be provided unless requested by the Privacy Office. The Business Associate's notification to the individuals, at a minimum, shall include the following: -The individual(s) must be advised of what specific data was involved. It is insufficient to simply state that PII has been lost. Where names, Social Security Numbers (SSNs) or truncated SSNs, and Dates of Birth (DOBs) are involved, it is critical to advise the individual that these data elements potentially have been breached. -The individual(s) must be informed of the facts and circumstances surrounding the breach. The description should be sufficiently detailed so that the individual clearly understands how the breach occurred. -The individual(s) must be informed of what protective actions the Business Associate is taking or the individual can take to mitigate against potential future harm. The notice must refer the individual to the current Federal Trade Commission (FTC) web site pages on identity theft and the FTC's Identity Theft Hotline, toll-free: 1-877-ID-THEFT (438-4338); TTY: 1-866-653-4261. -The individual(s) must also be informed of any mitigation support services (e.g., one year of free credit monitoring, identification of fraud expense coverage for affected individuals, provision of credit freezes, etc.) that the Business Associate may offer affected individuals, the process to follow to obtain those services and the period of time the services will be made available, and contact information (including a phone number, either direct or toll-free, e-mail address and postal address) for obtaining more information. Business Associates shall ensure any envelope containing written notifications to affected individuals are clearly labeled to alert the recipient to the importance of its contents, e.g., quote mark Data Breach Information Enclosed, quote mark and that the envelope is marked with the identity of the Business Associate and/or subcontractor organization that suffered the breach. The letter must also include contact information for a designated POC to include, phone number, email address, and postal address. If the Business Associate determines that it cannot readily identify, or will be unable to reach, some affected individuals within the 10 day period after discovering the breach, the Business Associate shall so indicate in the initial or updated Breach Report. Within the 10 day period, the Business Associate shall provide the approved notification to those individuals who can be reached. Other individuals must be notified within 10 days after their identities and addresses are ascertained. The Business Associate shall consult with the DHA Privacy Office, which will determine which media notice is most likely to reach the population not otherwise identified or reached. The Business Associate shall issue a generalized media notice(s) to that population in accordance with Privacy Office approval. The Business Associate shall, at no cost to the government, bear any costs associated with a breach of PII/PHI that the Business Associate has caused or is otherwise responsible for addressing. Breaches are not to be confused with security incidents (often referred to as cyber security incidents when electronic information is involved), which may or may not involve a breach of PII/PHI. In the event of a security incident not involving a PII/PHI breach, the Business Associate shall follow applicable DoD Information Assurance requirements under its Agreement. If at any point the Business Associate finds that a cyber security incident involves a PII/PHI breach (suspected or confirmed), the Business Associate shall immediately initiate the breach response procedures set forth here. The Business Associate shall also continue to follow any required cyber security incident response procedures to the extent ne needed to address security issues, as determined by DoD/DHA. VI. Termination (a) Termination. Noncompliance by the Business Associate (or any of its staff, agents, or subcontractors) with any requirement in this BAA may subject the Business Associate to termination under any applicable default or other termination provision of the Agreement. (b) Effect of Termination. (1) If the Agreement has records management requirements, the Business Associate shall handle such records in accordance with the records management requirements. If the Agreement does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below. If the Agreement has provisions for transfer of records and PII/PHI to a successor Business Associate, or if DHA gives directions for such transfer, the Business Associate shall handle such records and information in accordance with such Agreement provisions or DHA direction. (2) If the Agreement does not have records management requirements, except as provided in the following paragraph (3), upon termination of the Agreement, for any reason, the Business Associate shall return or destroy all PHI received from the Covered Entity, or created or received by the Business Associate on behalf of the Covered Entity that the Business Associate still maintains in any form. This provision shall apply to PHI that is in the possession of subcontractors or agents of the Business Associate. The Business Associate shall retain no copies of the PHI. (3) If the Agreement does not have records management provisions and the Business Associate determines that returning or destroying the PHI is infeasible, the Business Associate shall provide to the Covered Entity notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Covered Entity and the Business Associate that return or destruction of PHI is infeasible, the Business Associate shall extend the protections of the Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as the Business Associate maintains such PHI. VII. Miscellaneous (a) Survival. The obligations of Business Associate under the quote mark Effect of Termination quote mark provision of this BAA shall survive the termination of the Agreement. (b) Interpretation. Any ambiguity in the Agreement shall be resolved in favor of a meaning that permits the Covered Entity and the Business Associate to comply with the HIPAA Rules and the DoD HIPAA Rules. (End of HCAA Local Clause 5001) (End of Addendum to 52.212-4) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jul 2014) (Deviation 2013-O0019) applies to this acquisition. Full text of provisions and clauses may be accessed electronically at the following address: http://www.arnet.gov/far or www.dtic.mil/dfars or www.farsite/hill.af.mil. All responsible sources should submit a quote to ATTN: Pamela Owens, Contract Specialist via e-mail: pamela.w.owens.civ@mail.mil by 12:00 pm EST, September 10, 2015. For additional information regarding this solicitation you may contact Pamela Owens, Contract Specialist via phone: 706 787-0293 or by e-mail. (PWS HERE) Performance Work Statement (PWS) is provided as an attachment to this solicitation.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USA/MEDCOM/DADA09/W81K00-15-T-M141/listing.html)
Place of Performance: Address: Southern Regional Contracting Ofc ATTN: MCAA GP L31 9V, 3851 Roger Brooke Drive Fort Sam Houston TX; Zip Code: 78234-6200
Record: SN03862512-W 20150831/150829233405-d1a53432c12d1c86eab4e349ea0ee262 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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