PRESOL | J | Communication System Maintenance

FBO DAILY ISSUE OF OCTOBER 04, 2012 FBO #3967
SOLICITATION NOTICE

J -- Communication System Maintenance

Notice Date: 10/2/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 811213 — Communication 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-0004
Archive Date: 10/23/2012
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: Naval Hospital Jacksonville POC: Joseph Conner Phone: 904-542-9415 Fax: Email: joseph.conner@med.navy.mil Vendor to reference RFQ number N00183-13-T-0004 on all inquires. Reference: NOTE: Award will be made on an all or nothing best value evaluation based on price, technical capability and past performance. NOTE TO VENDOR: FAILURE TO LABEL MATERIAL REQUIRINIG SPECIAL HANDLING OR REFRIGERATION MAY RESULT IN NON-PAYMENT AND RETURN OF MATERIAL AT VENDOR'S EXPENSE. PROMPT PAYMENT For Prompt Payment Act Purposes, this contract is: Subject to the 7-calender day constructive acceptance period. "AVAILABILITY OF FUNDS. Pursuant to Section I, Availability of Funds (FAR 52.232-18), of the contract, funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing to the Contracting Officer. Section B - Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 12 Months Infrastructure repair FFP See Section C for Statement of Work. FOB: Destination MILSTRIP: N0023213RQTE001 PURCHASE REQUEST NUMBER: N0023213RQTE001 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 12 Months On-site support FFP See Section C for Statement of Work. FOB: Destination MILSTRIP: N0023213RQTE001 PURCHASE REQUEST NUMBER: N0023213RQTE001 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 40 Months XTS portables FFP See Section C for Statement of Work. FOB: Destination MILSTRIP: N0023213RQTE001 PURCHASE REQUEST NUMBER: N0023213RQTE001 NET AMT Section C - Descriptions and Specifications CLAUSES INCORPORATED BY FULL TEXT NAVAL HOSPITAL JACKSONVILLE MOTOROLA STATEMENT OF WORK LIST OF EQUIPMENT - ON-SITE SUPPORT (7X24) - MCC5500 - Console Dispatch System & FFP Repeaters Repair - (40) portables, includes Depot Support & FFP - SmartZone System Infrastructure Antenna Systems - Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines. Base Station(s) and Repeater(s) - Includes: Quantar, Quantro, Digital MSF5000 and MTR2000 ONLY. Central Electronics Bank(s) - Includes Logging Recorder, Interface and Network Hub Excludes Nice Logging Recorders Channel Bank(s) - Includes Premisys and Telco. Excludes Siemens Comparator(s) - Includes Spectratac, Digitac, and Astrotac Comparators. Computer(s) - Includes computers (Pentium I, II, III, IV) directly interface with or control the communications system, including SiteLens and Systemwatch II. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Console(s) - Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System -ONLY. Includes headset jacks, dual footswitches, and gooseneck microphones. Excludes Centracom I. Controller(s) - Trunking Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS controllers. Dictaphones, Logging Recorders and Recording Equipment - Excludes all types and models. Digital Interface Unit(s) - Included Digital Signaling Modem(s) - Included upon modem model availability Digital Voice Modem(s) - Included upon modem model availability Embassy Switch - Includes AEB, AIMI, ZAMBI, AMB Management Terminals - Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes laptop computers and all 286, 386, 486 computers. MBEX(s) or NOVA Interconnect - Included AND NOTES FOR Microwave Equipment - Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) - Includes all monitors connected to computers that directly interface with or control the communications System. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Moscad - Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Excludes Fire alarming systems. Network Fault Management - Includes Full Vision. Excludes NMC Printer(s) - Includes printers that directly interface with the communications System. RAS(s) - Excludes RAS 1100, 1101 and 1102 Receiver(s) - Includes Quantar and MTR2000, ASTRO-TAC Receivers. Simulcast Distribution Amplifier(s) - Included Site Frequency Standard(s) - Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Universal Simulcast Controller Interface(s) - Included UPS Systems. - Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries. Zone Manager - Excludes HP715/33, HP 715/50 servers. Excludes x-terminals NDS14C and NDS17C Zone Controller(s) - Includes console terminals. Excludes ALL Sun/IMP hard drives except TLN3495A 0820 1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389. ON-SITE INFRASTRUCTURE RESPONSE WITH LOCAL DISPATCH On-Site Infrastructure Response provides for on-site technician Response by a Servicer. A Servicer will respond to the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions below and the Response times set forth in the Response Time List below, in order to Restore the System. Vendor Servicer has the following responsibilities: 1. Continuously receive service requests. 2. Assign/dispatch technical resources and provide estimated time of arrival (ETA) to customer. 3. Servicer will perform the following on-site: - Run diagnostics on the Infrastructure or Field Replaceable Unit (FRU) on-site - Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. - Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. - If a third party Vendor is needed to Restore the System, the Servicer must accompany that Vendor onto the Customer's premises. 4. Verify with Customer that Restoration is complete or System is functional. If Customer cannot be contacted within twenty (20) minutes of Restoration, the Servicer will leave the Customer site. 5. Provide the service ticket document to Customer listing resolution and any part/model numbers used. - Resolution action - Provide defective FRU or part number (model #) used. Y SEVERITY DEFINITIONS: Severity 1 - Response is provided Continuously - Major System failure - 33% of System down - 33% of Site channels down - Site Environment alarms (smoke, access, temp, AC power. - This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 - Response during Standard Business Day - Significant System Impairment not to exceed 33% of system down - System problems presently being monitored - This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective. Severity 3 - Response during Standard Business Day - Intermittent system issues - Information questions - Upgrades/preventative maintenance - This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. RESPONSE TIMES Severity 1 - Within 4 hours from receipt of Notification Continuously Severity 2 - Within 4 hours from receipt of Notification Standard Business Day Severity 3 - Within 24 hours from receipt of Notification Standard Business Day INFRASTRUCTURE REPAIR Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. Vendor has the following responsibilities: 1. Provide repair return authorization numbers when requested by Customer. 2. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 3. Perform the following service on Motorola Infrastructure: - Perform an operational check on the Infrastructure to determine the nature of the problem. - Replace malfunctioning FRU or Components. - Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable - Perform a Box Unit Test on all serviced Infrastructure. - Perform a System Test on select Infrastructure. 4. Provide the following service on select third party Infrastructure: - Perform pre-diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. - Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. - Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. - Perform a post-test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 5. Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 6. Properly package repaired Infrastructure. 7. Ship repaired Infrastructure to the Customer specified address during normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. RADIO REPAIR Description of Services Radio Repair provides component level service for the Equipment that is specifically named in the applicable agreement to which this Statement of Work (SOW) is attached or any of the agreement's subsequent revisions. Services are performed at the Radio Support Center (RSC) or Federal Technical Support Center. In addition to Equipment specifically named in the applicable agreement to which this Statement of Work is attached, Radio Repair includes service on standard mobile palm microphones and single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture. Additional mobile control heads are covered only with purchase of the applicable service option. Radio Repair excludes repairs to: optional accessories; non-standard mobile microphones; iDEN accessories; iDEN mobile microphones; portable remote speaker microphones; optional or additional control heads; mobile external speakers; single and multiple unit portable chargers; batteries; mobile power and antenna cables; mobile antennas; portable antennas, and power supplies. Optional accessories are serviced individually and are not part of the Radio Repair. Engraving service is not covered under standard Radio Repair. New Equipment purchases will only be added upon Customer request. The terms and conditions of this Statement of Work are an integral part of the Motorola service agreement or other applicable agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of the Motorola service agreement or other applicable agreement and this Statement of Work, the provisions of this Statement of Work shall prevail. Vendor has the following responsibilities: 1. Test and Restore the Equipment to Motorola factory specifications, including Factory Mutual (FM), and Mine Hazard Safety Association (MHSA). 2. Reprogram Equipment to original operating parameters based on the Customer template, if retrievable, or from a Customer supplied backup diskette. If the Customer template is not usable, a generic template or code plug utilizing the latest Radio Service Software (RSS) or Customer Programming Software (CPS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to restore the original template. All Firmware is upgraded to the latest release for each individual product line. 3. Clean external housing of the Equipment. External components of unit will only be replaced when functionality has been diminished. 4. Pay the outbound freight charges for next day shipping. Motorola will pay the inbound freight charges if the Customer uses the Motorola designated delivery service. 5. Provide Customer with the repair request form and Inventory Adjustment Form (IAF). 6. Perform covered services as requested by Customer on the repair request form. 7. Process inventory adjustment requests received by email or fax from Customer. If the request is received by email, Motorola will email an acknowledgement to the sender. LOCAL RADIO COMBO PACKAGE: ON-SITE PICK UP & DELIVERY Description of Services Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the Servicer facility. Schedule pickups will be mutually agreed upon. If a pick up/delivery cannot occur according to the preferred schedule, Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable alternative date and/or time for pick up/delivery. ONLY VENDORS WHO ARE AUTHORIZED TO SERVICE MOTOROLA EQUIPMENT The Contractor shall be fully qualified in the repair of all equipment listed within this contract. Contractor shall maintain current (within 2 years) qualifications throughout entire contract period. Qualification includes but not limited to the certification of all repair persons and repair facilities by the OEM, training by independent schools, continuous hands-on repair experience with listed equipment. The Government shall maintain the right to seek proof of qualification prior to award and anytime during contract period of performance. 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 Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 15-OCT-2012 TO 30-SEP-2013 N/A NAVAL HEALTH CLINIC JACKSONVILLE INFORMATION MANAGEMENT DEPARTMENT 2091 CHILD STREET JACKSONVILLE FL 32214 904 542 9415 FOB: Destination N00232 0002 POP 15-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N00232 0003 POP 15-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N00232 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). INVOICE AND RECEIVING REPORT COMBO -OR- 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 For Combo insert Ship to DoDAAC, For 2 in 1 insert "N/A" Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) For Cost Vouchers insert Service Approver DoDAAC, For Combo / 2 in 1 insert "N/A" Service Acceptor (DoDAAC) For 2 in 1 insert Service Acceptor Code, For Combo insert "N/A" Accept at Other DoDAAC N/A LPO DoDAAC N00232 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: xx@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 Department of Defense Business Associate Agreement Introduction In accordance with DoD 6025.18-R "Department of Defense Health Information Privacy Regulation," January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented. (a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R. Individual has the same meaning as the term "individual" in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. Protected Health Information has the same meaning as the term "protected health information" in 45 CFR 160.103, limited to the information created or received by the Contractor from or on behalf of the Government pursuant to the Contract. Electronic Protected Health Information has the same meaning as the term "electronic protected health information" in 45 CFR 160.103. Required by Law has the same meaning as the term "required by law" in 45 CFR 164.103. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C. Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 164.501 and 164.304. (b) The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law. (c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. (d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract. (e) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Clause. (f) The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware. (g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware. (h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. (i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (j) The Contractor shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524. (k) The Contractor shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government. (l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government's compliance with the Privacy Rule. (m) The Contractor shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (n) The Contractor shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. General Use and Disclosure Provisions Except as otherwise limited in this Clause, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor. (b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B). (d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1). Obligations of the Government Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions (a) The Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520. (b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures. (c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522. Permissible Requests by the Government The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause. Termination (a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract. (b) Effect of Termination. (1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below (2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information. (3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information. Miscellaneous (a) Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required. (b) Survival. The respective rights and obligations of Business Associate under the "Effect of Termination" provision of this Clause shall survive the termination of this Contract. (c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DoD 6025.18-R, DoD 8580.02-R, the HIPAA Privacy Rule or the HIPAA Security Rule. 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 52.222-42 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 52.233-3 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 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.232-7001 Disposition Of Payment DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 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): http://www.arnet.gov/far (End of clause) 252.204-7006 BILLING INSTRUCTIONS (OCT 2005) When submitting a request for payment, the Contractor shall-- (a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and (b) Separately identify a payment amount for each contract line item included in the payment request. (End of clause) Section K - Representations, Certifications and Other Statements of Offerors CLAUSES INCORPORATED BY REFERENCE 52.222-25 Affirmative Action Compliance APR 1984 52.225-18 Place of Manufacture SEP 2006 CLAUSES INCORPORATED BY FULL TEXT 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). ___ TIN:.-------------------------------------------------------- ___ TIN has been applied for. ___ TIN is not required because: ___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ___ Offeror is an agency or instrumentality of a foreign government; ___ Offeror is an agency or instrumentality of the Federal Government. (e) Type of organization. ___ Sole proprietorship; ___ Partnership; ___ Corporate entity (not tax-exempt); ___ Corporate entity (tax-exempt); ___ Government entity (Federal, State, or local); ___ Foreign government; ___ International organization per 26 CFR 1.6049-4; ___ Other-------------------------------------------------------- (f) Common parent. ___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. ___ Name and TIN of common parent: Name------------------------------------------------------------------- TIN-------------------------------------------------------------------- (End of provision) Section L - Instructions, Conditions and Notices to Bidders CLAUSES INCORPORATED BY REFERENCE 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 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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