FBODaily.com | FedBizOpps: PRESOL | 65 | Gases, Cylinder Medical Use - Statement of Work

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 11, 2016 FBO #5406
SOLICITATION NOTICE

65 -- Gases, Cylinder Medical Use - Statement of Work

Notice Date: 9/9/2016
Notice Type: Combined Synopsis/Solicitation
NAICS: 325120 — Industrial Gas Manufacturing
Contracting Office: Department of the Navy, Bureau of Medicine and Surgery, Navy Medicine East, SUITE 1400, 620 JOHN PAUL JONES CIRCLE, PORTSMOUTH, Virginia, 23708-2106, United States
ZIP Code: 23708-2106
Solicitation Number: N68908-16-T-0170
Archive Date: 9/30/2016
Point of Contact: Sherri D. Roche, Phone: 757-953-2671
E-Mail Address: sherri.d.roche.civ@mail.mil
(sherri.d.roche.civ@mail.mil)
Small Business Set-Aside: N/A
Description: Statement of Work NOTICE This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR part 12.6, using Simplified Acquisitions Procedures for commercial items found at FAR 13, supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotations are being requested and a written solicitation will not be issued. The solicitation number is N68908-16-T-0170 It is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-89. This solicitation is unrestricted. The North American Industry Classification System (NAICS) Code for this acquisition is 325120 The size standard is 1000 employees. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses and provisions may be accessed in full text at http://acquisition.gov. Provide pricing on quotation to include all of the following years: Base Year: Oct 1, 2016 - Sept 30, 2017 Option Year 1: Oct 1, 2017 - Sept 30, 2018 Option Year 2: Oct 1, 2018 - Sept 30, 2019 Option Year 3: Oct 1, 2019 - Sept 30, 2020 Option Year 4: Oct 1, 2020 - Sept 30, 2021 SEE ATTACHED STATEMENT OF WORK Description of supplies (SEE ATTACHED STATEMENT OF WORK): Item and / or Service Description A base plus 4 option period contract for various "Cylinder" gases used at Naval Hospital Camp Lejeune, NC. Bi-weekly delivery of all gas cylinders Base Year: Oct 1, 2016 - Sept 30, 2017 CLIN 0001, 6505 00 132 5181, Oxygen "D "cylinder, 900 fills per year CLIN 0002, 6505 00 169 197, Nitrous Oxide "G" cylinder, 125 fills per year CLIN 0003, 6505 00 878 2358, Carbon Dioxide "E" cylinder, 120 fills per year CLIN 0004, 6505 00 531 8162, Nitrous Oxide "E" cylinder, 45 fills per year CLIN 0005, 6505 00 531 8166. Oxygen "E" cylinder, 450 fills per year CLIN 0006, 6505 00 290 4290, Oxygen "G" cylinder, 325 fills per year CLIN 0007, 6830 00 C 005400, Nitrogen "G" cylinder, 325 fills per year CLIN 0008, 6830 00 142 8841, Carbon Dioxide "G" cylinder, 30 fills per year CLIN 0009, Hydrostat Testing of Cylinders (as required), 210 each Option Year 1: Oct 1, 2017 - Sept 30, 2018 CLIN 1001, 6505 00 132 5181, Oxygen "D "cylinder, 900 fills per year CLIN 1002, 6505 00 169 197, Nitrous Oxide "G" cylinder, 125 fills per year CLIN 1003, 6505 00 878 2358, Carbon Dioxide "E" cylinder, 120 fills per year CLIN 1004, 6505 00 531 8162, Nitrous Oxide "E" cylinder, 45 fills per year CLIN 1005, 6505 00 531 8166. Oxygen "E" cylinder, 450 fills per year CLIN 1006, 6505 00 290 4290, Oxygen "G" cylinder, 325 fills per year CLIN 1007, 6830 00 C 005400, Nitrogen "G" cylinder, 325 fills per year CLIN 1008, 6830 00 142 8841, Carbon Dioxide "G" cylinder, 30 fills per year CLIN 1009, Hydrostat Testing of Cylinders (as required), 210 each Option Year 2: Oct 1, 2018 - Sept 30, 2019 CLIN 2001, 6505 00 132 5181, Oxygen "D "cylinder, 900 fills per year CLIN 2002, 6505 00 169 197, Nitrous Oxide "G" cylinder, 125 fills per year CLIN 2003, 6505 00 878 2358, Carbon Dioxide "E" cylinder, 120 fills per year CLIN 2004, 6505 00 531 8162, Nitrous Oxide "E" cylinder, 45 fills per year CLIN 2005, 6505 00 531 8166. Oxygen "E" cylinder, 450 fills per year CLIN 2006, 6505 00 290 4290, Oxygen "G" cylinder, 325 fills per year CLIN 2007, 6830 00 C 005400, Nitrogen "G" cylinder, 325 fills per year CLIN 2008, 6830 00 142 8841, Carbon Dioxide "G" cylinder, 30 fills per year CLIN 2009, Hydrostat Testing of Cylinders (as required), 210 each Option Year 3: Oct 1, 2019 - Sept 30, 2020 CLIN 3001, 6505 00 132 5181, Oxygen "D "cylinder, 900 fills per year CLIN 3002, 6505 00 169 197, Nitrous Oxide "G" cylinder, 125 fills per year CLIN 3003, 6505 00 878 2358, Carbon Dioxide "E" cylinder, 120 fills per year CLIN 3004, 6505 00 531 8162, Nitrous Oxide "E" cylinder, 45 fills per year CLIN 3005, 6505 00 531 8166. Oxygen "E" cylinder, 450 fills per year CLIN 3006, 6505 00 290 4290, Oxygen "G" cylinder, 325 fills per year CLIN 3007, 6830 00 C 005400, Nitrogen "G" cylinder, 325 fills per year CLIN 3008, 6830 00 142 8841, Carbon Dioxide "G" cylinder, 30 fills per year CLIN 3009, Hydrostat Testing of Cylinders (as required), 210 each Option Year 4: Oct 1, 2020 - Sept 30, 2021 CLIN 4001, 6505 00 132 5181, Oxygen "D "cylinder, 900 fills per year CLIN 4002, 6505 00 169 197, Nitrous Oxide "G" cylinder, 125 fills per year CLIN 4003, 6505 00 878 2358, Carbon Dioxide "E" cylinder, 120 fills per year CLIN 4004, 6505 00 531 8162, Nitrous Oxide "E" cylinder, 45 fills per year CLIN 4005, CLIN 3001, 6505 00 132 5181, Oxygen "D "cylinder, 900 fills per year CLIN 4006, 6505 00 290 4290, Oxygen "G" cylinder, 325 fills per year CLIN 4007, 6830 00 C 005400, Nitrogen "G" cylinder, 325 fills per year CLIN 4008, 6830 00 142 8841, Carbon Dioxide "G" cylinder, 30 fills per year CLIN 4009, Hydrostat Testing of Cylinders (as required), 210 per year The solicitation document and incorporated provisions and clauses are those in effect through FAC 2005-89. This acquisition incorporates the following FAR clauses: 52.204-13 Systems for Award Management Maintenance (JUL 2013) 52.212-4 Contract Terms and Conditions - Commercial Items (JUL 2013) 52.211-17 Delivery of Excess Quantities (SEP 1989) 52.217-5 Evaluation of Options (JUL 1990) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 52.232-18 Availability of Funds 52.247-34 F.O.B Destination (NOV 1991) FY16/FY17 DOD Appropriation Act 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (DEV) (OCT 2015) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (DEV) (OCT 2015) 252.225-7001 Buy American and Balance of Payments Program (DEC 2012) 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2012) 252.225-7048 Export Controlled Items (JUNE 2013) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN 2012) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JUL 2013) 52.204-10 Reporting Executive Subcontract Awards (JUL 2013) 52.222-3 Convict Labor (JUNE 2003) 52.222-19 Child Labor - Cooperation with Authorities and Remedies (MAR 2012) 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 (OCT 2010 52.222-50 Combating Trafficking in Persons (MAR 2, 2015) 52.223-18 Encouraging Contractor Policies 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) 52.212-1 Instructions to Offerors - Commercial Items (JUL 2013) 52.212-2 Evaluation - Commercial Items (JAN 1999) 52.212-3 Offeror Representations and Certifications - Commercial Items (JUL 2013) 52.219-1 Alt 1 - Small Business Program Representations (May 2014) 52.204-7 System for Award Management (JUL 2013) 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://acquisition.gov/far and http://acq.osd.mil (End of provision) 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): http://farsite.hill.af.mil/VFFARa.htm (End of clause) SUP 5252.204-9400 Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (July 2013) Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 - "DoD Implementation of Homeland Security Presidential Directive - 12 (HSPD-12)" dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives. APPLICABILITY This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance. Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below. ACCESS TO FEDERAL FACILITIES Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Navy Command's Security Manager upon arrival to the Navy Command and shall out-process prior to their departure at the completion of the individual's performance under the contract. ACCESS TO DOD IT SYSTEMS In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity's Command Information Assurance Manager. Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain. Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee's duties, such employees shall in-process with the Navy Command's Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-Ni therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the "supervisor". The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date. When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required. INTERIM ACCESS The Navy Command' s Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform. DENIAL OR TERMINATION OF ACCESS The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release. CONTRACTOR'S SECURITY REPRESENTATIVE The contractor shall designate an employee to serve as the Contractor's Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity's Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor's Security Representative. The Contractor's Security Representative shall be the primary point of contact on any security matter. The Contractor's Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager. BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Navy recognizes contractor employees under this contract as Non-Critical Sensitive [ADP/IT-II] when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The NACLC consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete: * SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product) * Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) * Original Signed Release Statements Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required. Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Navy Command's Security Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command's Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date. The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Navy Command Security Manager. The Navy Command's Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/security issues identified by the Navy may render the contractor employee ineligible for the assignment. An unfavorable determination made by the Navy is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Navy Command's Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a determination. If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor's Security Representative. Although the contractor will take JPAS "Owning" role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee's performance under the contract. BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements: * Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and * Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a FBI fingerprint check prior to installation access. To be considered for a favorable trustworthiness determination, the Contractor's Security Representative must submit for all employees each of the following: * SF-85 Questionnaire for Non-Sensitive Positions * Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) * Original Signed Release Statements The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM. Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date. * Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States. NMCARS 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA) The contractor shall report 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. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are: (1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) S, Utilities ONLY; (5) V, Freight and Shipping ONLY. 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. (End of Text) 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 Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the 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, 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. (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, DoD6025.18-R or DoD 8580.02 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) 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, 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, the HIPAA Privacy Rule or the HIPAA Security Rule. Award is contingent on the availability of funds, 52.232-18 Availability of Funds The Government will only consider firm fixed price quotations. Offeror must complete and submit with the quotations FAR provision 52.212-3 Offeror Representations and Certifications - Commercial Items (JUL 2013). The provision can also be submitted at https://www.sam.gov. Contractor must be registered to the System for Award Management (SAM) prior to award. A nine digit Data Universal Numbering Systems (DUNS) number provided by Dun and Bradstreet is required to register. The website address for SAM registration is https://sam.gov Electronic submission of Quotes: Quotations shall be submitted electronically by email to tiffanie.l.sutgrey.civ@mail.mil. Email submissions are limited to 2MB. The submitter should confirm receipt of email submissions.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/notices/764bbb49fd1a3cc5565acd27c78cf79a)
Place of Performance: Address: NAVAL Hospital Camp Lejeune, NC, Camp Lejeune, North Carolina, 27976, United States; Zip Code: 27976
Record: SN04264777-W 20160911/160911092514-764bbb49fd1a3cc5565acd27c78cf79a (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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65 -- Gases, Cylinder Medical Use - Statement of Work