Audiology Services
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is W81K00-17-T-0365 and is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 and Defense Federal Acquisition Regulation Supplement Publication Notice (DPN) 20161222.
This solicitation is for Audiology Testing Services for Dugway & Tooele Army Health Clinics, Dugway, Utah. The period of performance is 1 October 2017 - 30 September 2018. The associated North American Industrial Classification System (NAICS) code for this procurement is 621340, with a size standard of $7,500,000.00. This procurement is being conducted as a full and open competition. All eligible businesses may submit an offer, which will be considered.
Quotes are due by 22 August 2017, at 12:00 PM, Central Standard Time. The point of contact is MaryAnn Teniente at maryann.i.teniente.civ@mail.mil. Offers shall be submitted via e-mail. Questions shall be submitted via e-mail not later than 18 August 2017. No questions will be entertained after this date.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
0001 AUDIOLOGY SERVICES AUDIOLOGY SERVICES SERVICES SSEsSSERVICES 1 Years
Vendor shall provide non-personal services in accordance with Performance Work Statement (PWS):
AUDIOLOGY SERVICES. (1 October 2017 through 30 September 2018)
On an as needed basis, estimated 35 tests per year
(1 October 2017 through 30 September 2018).
CPT code 92550 tiny_mce_marker__________each test 35 tests per year
CPT code 92557 tiny_mce_marker__________each test 35 tests per year
CONTRACT MANPOWER REPORTS
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
1001 1 Years
AUDIOLOGY SERVICES, Option Year 1
(1 October 2018 through 30 September 2019)
CPT code 92550 tiny_mce_marker__________each test 35 tests per year
CPT code 92557 tiny_mce_marker__________each test 35 tests per year
AMOUNT
CONTRACT MANPOWER REPORTS
AMOUNT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
2001 1 Years
AUDIOLOGY SERVICES OY2 FFP
AUDIOLOGY SERVICES, Option Year 2
(1 October 2019 through 30 September 2020)
CPT code 92550 tiny_mce_marker__________each test 35 tests per year
CPT code 92557 tiny_mce_marker__________each test 35 tests per year
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
2002 1 Years
CONTRACTOR MANPOWER REPORTS
ITEM
AUDIOLOGY SERVICES, Option Year 3
(1 October 2020 through 30 September 2021)
CPT code 92550 tiny_mce_marker__________each test 35 tests per year
CPT code 92557 tiny_mce_marker__________each test 35 tests per year
CONTRACT MANPOWER REPORTS
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
4001 1 Years
AUDIOLOGY SERVICES, Option Year 4
(1 October 2021 through 30 September 2022)
CPT code 92550 tiny_mce_marker__________each test 35 tests per year
CPT code 92557 tiny_mce_marker__________each test 35 tests per year
AMOUNT
CONTRACTING MANPOWER REPORTS
AMOUNT
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 01-OCT-2017 TO 30-SEP-2018 N/A DUGWAY PROVING GROUNDS DUGWAY PROVING GROUNDS 5116 KISTER AVE
DUGWAY, UTAH UT 84022
FOB: Destination W51HQT
0002 POP 01-OCT-2017 TO 30-SEP-2018 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W51HQT
1001 POP 02-OCT-2018 TO 30-SEP-2019 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W51HQT
1002 POP 02-OCT-2018 TO 30-SEP-2019 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W51HQT
2001 POP 02-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W51HQT
2002 POP 02-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W51HQT
3001 POP 02-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W51HQT
3002 POP 02-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W51HQT
4001 POP 02-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W51HQT
4002 POP 02-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W51HQT
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
52.212-4 ADDENDUM
(w) 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 herein for locations where full text can be found
(End of Clause)
CLAUSES INCORPORATED BY REFERENCE
52.222-3 Convict Labor JUN 2003
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-50 Combating Trafficking in Persons MAR 2015
52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011
While Driving
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.232-18 Availability Of Funds APR 1984
52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013
Management
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011
Officials
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.225-7048 Export-Controlled Items JUN 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012
Reports
252.232-7010 Levies on Contract Payments DEC 2006
CLAUSES INCORPORATED BY FULL TEXT
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
Definitions. As used in this clause--
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of
6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned--
Directly by a parent corporation; or
Through another subsidiary of a parent corporation.
If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
Exceptions to this prohibition are located at9.108-2.
In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 60 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract expires.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
The Government may extend the term of this contract by written notice to the Contractor within (30 days); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least (60 days) before the contract expires. The preliminary notice does not commit the Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this option clause.
The total duration of this contract, including the exercise of any options under this clause, shall not exceed
60 months.
(End of clause)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern 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 criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
For long-term contracts--
Within 60 to 120 days prior to the end of the fifth year of the contract; and
Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( X ) is not a small business concern under NAICS Code 621340- assigned to contract number .
(End of clause)
52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997)
It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *** $1 million/$3 million and an excess capacity of up to $50 million.
An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.
Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims- made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.
Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.
The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.
The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.
Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medical specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.
(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):
HTTPS://FARSITE.HILL.AF.MIL
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016)
Definitions. As used in this clause--
Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the
company.
Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical
Documents. The term does not include information that is lawfully publicly available without restrictions.
Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category- list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--
Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
Rapidly report means within 72 hours of discovery of any cyber incident.
Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:
Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST)
Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.
(ii)(A) The Contractor shall implement NIST SP 800-171, as soon aspractical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements
specified by NIST SP 800-171 not implemented at the time of contract award.
The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.
If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.
If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk
and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.
Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2)
of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.
Cyber incident reporting requirement.
When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--
Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and
Rapidly report cyber incidents to DoD athttp://dibnet.dod.mil.
Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements athttp://dibnet.dod.mil.
Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause,the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.
Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD CyberCrime Center
(DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.
Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this
clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent
practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside ofDoD--
To entities with missions that may be affected by such information;
To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
To Government entities that conduct counterintelligence or law enforcement investigations;
For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or
To a support services contractor (``recipient'') that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.
The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.
Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by otherapplicable
clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.
Subcontracts. The Contractor shall--
Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The
Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and
Require subcontractors to--
Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and
Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.
(End of clause)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016)
Definitions. As used in this clause--
Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.
Litigation support means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.
Litigation support contractor means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors.
Sensitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.
Technical data means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.
Notice of authorized disclosures. Notwithstanding any other provision of this solicitation or contract, the Government may disclose to a litigation support contractor, for the sole purpose of litigation support activities, any information, including sensitive information, received-
Within or in connection with a quotation or offer; or
In the performance of or in connection with a contract.
Flowdown. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items.
(End of clause)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
The Contractor is not required to flow down the terms of any Defense Federal Acquisition Regulation Supplement (DFARS) clause in subcontracts for commercial items at any tier under this contract, unless so specified in the particular clause.
While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligation.
The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract, including subcontracts for the acquisition of commercial items.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
13627).
(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
52.222-54, Employment Eligibility Verification (Oct 2015).
52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at
$500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
PERFORMANCE WORK STATEMENT AUDIOLOGY TESTING SERVICES
1. GENERAL
DESCRIPTION OF WORK. The contractor shall provide specific Audiology Testing services for the Utah Army Health Clinics at Dugway Proving Ground and Tooele Army Depot.
This contract is a non-personal services contract as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered including for example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. Contract personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.
Performance Measurements Requirement Summary. The following performance objectives and measures will be used to evaluate Contractor performance and compliance under the contract. This information will be used to prepare annual past performance evaluations. See attachment 1, Quality Assurance Surveillance Plan (QASP), for additional details.
PERFORMANCE MEASUREMENT OBJECTIVE
STANDARD
ACCEPTABLE QUALITY LEVEL
METHOD OF ASSESSMENT
Meet requirements. Para 1.2.
Maintain qualifications and requirements
Comply initially and annually 100% of the time
Annual review of GPOC files
Patient and customer satisfaction. Para 1.5.2.
Maintain a high level of patient and customer satisfaction.
No more than two (2) substantiated patient complaints for the life of the contract. GPOC review assessment of customer complaints through patient and Government Provider feedback.
Comply with reporting requirements. Para 4.
Fax results to the Clinic within three (3) days after completion of test 100% of the time.
All required documentation processed. No significant omissions.
Tracked throughout the contract period of performance (POP) by the GPOC.
Complete Contractor
Manpower Report by
Contractor Manpower Reporting (CMR). Para 7. 31 October of each year. Notify GPOC by the 5th working day of
Completed report. GPOC review CMR records to ensure compliance.
November whether the
report is complete.
The inspection and acceptance point for all services rendered under this contract will be by the department where the services are being provided. The performance by the contract personnel, the quality of services rendered,
and any documentation or written material in support of same, shall be subject to continuous inspection, surveillance and review for acceptance by the Government Point of Contact (GPOC) or designated representative. Any services rendered by the contract personnel to patients or interaction with civilian personnel deemed unprofessional/threatening/dangerous by the Department Chief will be considered grounds for immediate removal of CP and termination under clause 52.212-4 (m) Termination for Cause.
REQUIREMENTS
The Contractor shall perform Audiology Testing Services in accordance with (IAW) the American Speech- Language-Hearing Association (ASHA), or equivalent, guidelines. Specific tests will include: 1) comprehensive audiometry threshold evaluation and speech recognition (CPT code 92557), and 2) tympanometry and reflex threshold measurements (CPT code 92550). See also section 4, specific tasks.
The attending Audiologist providing services under this Performance Work Statement shall be licensed in the state of Utah. Contractor shall provide certifications and licenses upon request by the Government.
1.2.5. Contractor testing facilities shall be located within 50 miles of Dugway Proving Ground and Tooele Army Depot, Utah.
ADMINISTRATIVE.
Government Point of Contact (GPOC). The GPOC will be appointed in writing by the Contracting Officer (KO) after the contract is awarded. The KO will provide a copy of this designation and GPOC contact information to the Contractor.
Billing. The Government will only pay for tests actually provided. The Contractor shall only submit payment request for tests with evaluation and interpretive reports that are actually provided. Submitting a payment request for more than the amount due based on the number of tests actually provided may constitute fraud or a false claim and may result in administrative or criminal action or both.
Payment will be made by the Defense Finance and Accounting Service (DFAS), Indianapolis, IN. Contractor submits their 2-n-1 invoice online in the Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT) program of the Wide Area Workflow (WAWF) e-Business Suite. The Government Point of Contact (GPOC) shall verify invoice accuracy for acceptance and submittal to DFAS Indianapolis.
HOURS OF PERFORMANCE
Testing shall be available Monday through Friday, 52 weeks per year except for Federal holidays.
Holidays.
The following is a list of legal federal holidays as referred to elsewhere in the contract.
New Year's Day January 1st
M L King's Bday 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Christmas Day December 25th
NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday. Any holidays that are declared by Presidential Executive Order shall be observed in the same manner as the holidays listed above.
CONDUCT.
Inquiries. Contractor shall ensure that its personnel do not respond to any media inquiries. Any inquiries from the medial shall be immediately relayed to the GPOC, who will relay them to the KO. There shall be no interview, comments, or any other response without the knowledge and approval of the KO. Other than routine inquiries from external agencies, all other inquiries and complaints shall be brought to the attention of the GPOC.
Complaints. Complaints will be validated by the GPOC and be reported in writing to the KO and to the Contractor for action, if it constitutes a failure to perform, as determined by the Government. Patients may also be a source of legitimate complaints that constitute a failure to perform. The Contractor shall have no more than two substantiated complaints per 12-month period.
1.6. CONDIDENTIALITY OF INFORMATION. Unless otherwise specified, all financial, statistical, personnel, and/or technical data which are furnished, produced or otherwise available to the Contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of work under this contract. The Contractor shall not release any of the above information without prior written consent of the KO.
DEFINITION/ACRONYMS.
Definitions. Following is a list of basic definitions.
Contracting Officer (KO). A Government contracting professional with the authority to enter into, administer, and/or terminate contracts/task orders and make related determinations and findings.
Government Point of Contact (GPOC). A Government employee selected and designated in writing by the KO to act as his/her designated representative in administering the contract. A GPOC has no authority to change or modify the contract.
Military time is on a 24-hour clock, e.g.
8:00 a.m. - 0800
9:10 a.m. - 0910
Noon - 1200
8:00 p.m. - 2000
9:10 p.m. - 2110
Midnight - 2400
12:01 a.m. - 0001
Military dates are written by placing the day of the month, followed by the first three letters of the month, followed by the last two digits of the year, e.g.
January 02, 2016 - 02 Jan 16
January 12, 2016 - 12 Jan 16
Quality Assessment and Improvement. Those actions taken by the Government to check services to determine if they meet the requirements of the Joint Commission, US Army Medical Command, quality assurance and risk management program, and ensure that the Contractor and its health care providers comply with the terms and conditions of the contract.
Quality Control. Those actions taken by a Contractor to control the performance of services to ensure that they meet the requirements of the contract.
2.2. Acronyms/Abbreviations. Following is a list of basic acronyms/abbreviations used in this contract.
ADP - Automated Data Processing
AR - Army Regulation
BCLS - Basic Cardiac Life Support
BLS - Basic Life Support
CFR - Code of Federal Regulations
CLIN - Contract Line Item Number
CMR - Contract Manpower Reporting CONUS - Continental United States
CPARS - Contractor Performance Assessment Reporting System CPR - Cardiopulmonary Resuscitation
CV - Curriculum Vitae
DA - Department of the Army
DCCS - Deputy Commander for Clinical Services DEA - Drug Enforcement Administration
DoD - Department of Defense
DODI - Department of Defense Instruction
ECFMG - Educational Commission for Foreign Medical Graduates EFT - Electronic Funds Transfer
EKG - Electrocardiogram
ETS - Expiration Term of Service
FAR - Federal Acquisition Regulation
FBI - Federal Bureau of Investigation
FL - Form Letter
FPP - Family Practice Physician
FTE(s) - Full Time Equivalent (s)
GPOC - Government Point of Contact
HCAA - Health Care Acquisition Activity HCP - Health Care Provider
HHS - Health and Human Services
HIPAA - Health Insurance Portability & Accountability Act of 1996 IAW - In Accordance With
IRC - Installation Record Check
IV - Intravenous
JC - Joint Commission (formerly referred to as the Joint Commission on Accreditation of Healthcare Organizations [JCAHO])
LOSS - Line of Sight Supervision
KO - Contracting Officer MEDCOM - Medical Command MEDDAC - Medical Department Activity MTF - Medical Department Facility
NACI - National Agency Check with Inquiries NCOIC - Non-Commissioned Officer in Charge NP - Nurse Practitioner
OCONUS - Outside the Continental United States OIC - Officer in Charge
OSHA - Occupational Safety and Health Administration or Act PA - Physician Assistant
PAD - Patient Administration Division PALS - Pediatric Advanced Life Support Pam - Pamphlet
PAR - Performance Assessment Report
PCF - Practitioner's Credentials File
PCO - Procurement KO/Procuring KO
PCS - Permanent Change of Station
PL - Public Law
POC - Point of Contact
PWS - Performance Work Statement (may also be referred to as work statement or statement of work)
QA - Quality Assurance
QA&I - Quality Assessment & Improvement QC - Quality Control
RN - Registered Nurse
LPN - Licensed Practical Nurse
RFQ - Request for Quotation
RFP - Request for Proposal
RPO - Radiation Protection Officer
SF - Standard Form
SRP - Soldier Readiness Processing
RAB - Therapeutic Agents Board
TDY - Temporary Duty
TO(s) - Task Order(s)
USC - United States Code
USPS - United States Postal Service CRCO - Central Region Contracting Office WRCO - Western Region Contracting Office
WRMC - Western Region Medical Command
SPECIFIC TASKS. The Contractor shall provide 1) comprehensive audiometry threshold evaluation and speech recognition (CPT code 92557), and 2) tympanometry and reflex threshold measurements (CPT code 92550) for the Utah Army Health Clinics at Dugway Proving Ground and Tooele Army Depot. Testing will be performed at the Contract facility. The contractor shall evaluate test data and provide a detailed evaluation report. The resulting report will be completed and faxed within three working days to the referring physician, US Army Health Clinic, Tooele Army Depot or Dugway Proving Ground.
APPLICABLE TECHNICAL ORDERS, SPECIFICATIONS, REGULATIONS, AND MANUALS.
Following is a list of basic publications applicable to this contract. Current issues of many DA publications can be accessed at http://www.apd.army.mil. Current issues of many forms can be accessed at http://www.apd.army.mil. Publications and forms not on the internet can be obtained from the Army Clinics.
The publications have been coded as mandatory or advisory. The Contractor is obligated to follow those coded as mandatory only to the extent that they apply to this contract. Supplements, amendments, or changes to these mandatory publications may be issued during the life of the contract. Advisory publications may be used for information and guidance but are not binding for compliance.
Mandatory.
10 USC 1089 - Defense of Certain Suits Arising Out of Medical Malpractice 10 USC 1091 - Personal Service Contracts
PL 91-596 - Occupational Safety and Health Act of 1970 PL 101-647, Sec 231 - Crime Control Act of 1990
PL 102-190, Sec 1094 - National Defense Authorization Act
PL 104-191k - Health Insurance Portability and Accountability Act of 1996 DoDD 5200.28 - Security Requirements for Automated Information Systems (AISs) DoD 5200.2-R - Personnel Security Program
DoD 6025.18-R - Department of Defense Health Information Privacy Regulation DoD 8580.02-R - DoD Health Information Security Regulation
DoDI 1402.5 - Criminal History Background Checks on Individuals in Child Care
Services
Applicable Army Clinic Standard Operating Procedures (SOPs) and Policies: AR 25-2 - Information Assurance
AR 40-1 - Composition, Mission, and Functions of the Army Medical Department
AR 40-3 - Medical Services: Medical, Dental, and Veterinary Car
AR 40-4 - Army Medical Department Facilities/Activities
AR 40-5 - Preventive Medicine
AR 40-48 - Non-Physician HCPs
AR 40-66 - Medical Records Administration and Health Care Documentation AR 40-68 - Clinical Quality Management
AR 40-501 - Standards of Medical Fitness
AR 40-562 - Immunizations and Chemoprophylaxis
AR 340-21 - The Army Privacy Program
AR 351-3 - Professional Education and Training Programs of the Army Medical
Department
AR 380-19 - Information Systems Security
AR 380-67 - The Department of the Army Personnel Security Program AR 385-40 - Army Accident Investigations and Reporting
AR 600-85 - Army Substance Abuse Program Civilian Services MEDCOM Reg 715-3 - Contractor/Contractor's Employees and MEDCOM Personnel
Relationships
Advisory.
AR 310-25 - Dictionary of United States Army Terms MEDCOM Pam 25-11 - Index of Command Administrative Publications
The following is a listing of forms that may be required, and may customarily be used by a HCP performing services. A complete list of forms can be accessed at http://apd.army.mil/AdminPubs/ProductMap.asp.
Standard Forms.
SF-85-P - Questionnaire for Public Trust Positions
SF 504 - Medical Record - History
SF 505 - Medical Record - History parts 2 and 3
SF 506 - Medical Record - Physical Examination
SF 507 - Medical Record
SF 509 - Medical Record - Progress Report
SF 513 - Medical Record - Consultation Sheet
SF 515 - Medical Record - Tissue Examination
SF 519-B- Radiologic Consultation Request/Report
SF 523 - Medical Record - Authorization for Autopsy
SF 523-A- Disposition of Body
SF 541 - Medical Record - Gynecologic Cytology
SF 550 - Medical Record - Urinalysis
SF 551 - Medical Record - Serology
SF 557 - Medical Record - Miscellaneous
SF 558 - Medical Record - Emergency Care and Treatment
SF 600 - Medical Record - Chronological Record of Care
Department of Army.
DA 3894 - Hospital Report of Death
DA 4106 - Incident Report
DA 4700 - Medical Record - Supplemental Medical Data
DA 5008 - Telephone Medical Advice/Consultation Record
Department of Defense.
DD 577 - Appointment/Termination Record - Authorized Signature
DD 689 - Sick Slip, Individual
DD 1289 - Prescription Form
DD 2161 - Medical Care, Referral for Civilian
DD 2795 - Pre-Deployment Health Assessment Questionnaire
DD 2797 - Post-Deployment Health Assessment
DD 2807-1 - Medical Record - Medical History
DD 2808 - Medical Record - Medical Examination
Other Forms.
FD Form 258 - FBI US Department of Justice Fingerprint Card
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (6 MAY 10)
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 the 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 HIPPA 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.
Definitions. As used in this clause generally refers 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 160.103.
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 160, part 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, 160.502, 164.103, 164.304, and 164.501.
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.
The Contractor shall use appropriate safeguards to prevent use or disclosure of Protected Health Information other than as provided for this Contract
The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.
The Contractor shall, at their own expense, take action 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. 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.
The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware.
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.
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.
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.
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.
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.
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, designated by the Government or the Secretary, for purposes of the Secretary determining the Government's com
