Oxygen and Nitrogen Medical Gas
NOTICE TO CONTRACTOR This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this ... NOTICE TO CONTRACTOR This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is N0025919Q0041. It is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01. The North American Industry Classification System (NAICS) Code for this acquisition is 325120. The size standard is 1000 employees. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. This is an unrestricted action. Naval Medical Center San Diego (NMCSD) requests responses from qualified sources capable of providing the following items that must meet the salient characteristics described below: -Medical grade Compressed Oxygen, nonflammable gas -Medical grade Refrigerated Liquid Nitrogen, nonflammable gas -Must be able to deliver to the locations listed on Performance Work Statement (PWS) LOCATION: Deliver medical grade gases to various clinics within the County of Honolulu, Hawaii. Items Required: CLIN 0001: Medical Grade, NF Compressed Oxygen Size 250 Tank Quantity: 4 Unit of Issue: EACH Price: __________ Location: NBHC Wahiawa 500 Center Street Building 22 Wahiawa, Hi 96786 Date Material Required: 8 May 2019 - 7 May 2020 Delivery Schedule: As needed, no more than 4 CLIN 0002: Medical Grade, NF Refrigerated Liquid Nitrogen Size 35L Quantity: 12 Unit of Issue: EACH Price: __________ Location: NBHC Wahiawa 500 Center Street Building 22 Wahiawa, Hi 96786 Date Material Required: 8 May 2019 - 7 May 2020 Delivery Schedule: Monthly CLIN 0003: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 6 Unit of Issue: EACH Price: __________ Location: NBHC MCBH Kaneohe Bay D Street Building 3089 Kaneohe Bay, HI 96863 Date Material Required: 8 May 2019 - 7 May 2020 Delivery Schedule: As needed, no more than 6 CLIN 0004: Medical Grade, NF Refrigerated Liquid Nitrogen Size 30L Quantity: 13 Unit of Issue: EACH Price: __________ Location: NBHC MCBH Kaneohe Bay D Street Building 3089 Kaneohe Bay, HI 96863 Date Material Required: 8 May 2019 - 7 May 2020 Delivery Schedule: Monthly CLIN 0005: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 24 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Dental Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2019 - 7 May 2020 Delivery Schedule: As needed, not to exceed max quantity CLIN 0006: Medical Grade, NF Compressed Oxygen Size 250 Tank Quantity: 8 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Dental Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2019 - 7 May 2020 Delivery Schedule: As needed, not to exceed max quantity CLIN 0007: Medical Grade, NF Refrigerated Liquid Nitrogen Size 30L Quantity: 26 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Family Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2019 - 7 May 2020 Delivery Schedule: Every 2 weeks CLIN 0008: Medical Grade, NF Refrigerated Liquid Nitrogen Size 35L Quantity: 26 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Family Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2019 - 7 May 2020 Delivery Schedule: Every 2 weeks CLIN 0009: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 6 Unit of Issue: EACH Price: __________ Location: HBHC Camp Smith Clinic Building 4 Camp Smith, HI 96701 Date Material Required: 8 May 2019 - 7 May 2020 Delivery Schedule: As needed, no more than 6 CLIN 0010: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 4 Unit of Issue: EACH Price: __________ Location: Naval Health Clinic Hawaii HQ 480 Central Avenue Building 1750 Pearl Harbor, HI 96860 Date Material Required: 8 May 2019 - 7 May 2020 Delivery Schedule: As needed, no more than 4 CLIN 1001: Medical Grade, NF Compressed Oxygen Size 250 Tank Quantity: 4 Unit of Issue: EACH Price: __________ Location: NBHC Wahiawa 500 Center Street Building 22 Wahiawa, Hi 96786 Date Material Required: 8 May 2020 - 7 May 2021 Delivery Schedule: As needed, no more than 4 CLIN 1002: Medical Grade, NF Refrigerated Liquid Nitrogen Size 35L Quantity: 12 Unit of Issue: EACH Price: __________ Location: NBHC Wahiawa 500 Center Street Building 22 Wahiawa, Hi 96786 Date Material Required: 8 May 2020 - 7 May 2021 Delivery Schedule: Monthly CLIN 1003: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 6 Unit of Issue: EACH Price: __________ Location: NBHC MCBH Kaneohe Bay D Street Building 3089 Kaneohe Bay, HI 96863 Date Material Required: 8 May 2020 - 7 May 2021 Delivery Schedule: As needed, no more than 6 CLIN 1004: Medical Grade, NF Refrigerated Liquid Nitrogen Size 30L Quantity: 13 Unit of Issue: EACH Price: __________ Location: NBHC MCBH Kaneohe Bay D Street Building 3089 Kaneohe Bay, HI 96863 Date Material Required: 8 May 2020 - 7 May 2021 Delivery Schedule: Monthly CLIN 1005: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 24 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Dental Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2020 - 7 May 2021 Delivery Schedule: As needed, not to exceed max quantity CLIN 1006: Medical Grade, NF Compressed Oxygen Size 250 Tank Quantity: 8 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Dental Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2020 - 7 May 2021 Delivery Schedule: As needed, not to exceed max quantity CLIN 1007: Medical Grade, NF Refrigerated Liquid Nitrogen Size 30L Quantity: 26 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Family Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2020 - 7 May 2021 Delivery Schedule: Every 2 weeks CLIN 1008: Medical Grade, NF Refrigerated Liquid Nitrogen Size 35L Quantity: 26 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Family Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2020 - 7 May 2021 Delivery Schedule: Every 2 weeks CLIN 1009: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 6 Unit of Issue: EACH Price: __________ Location: HBHC Camp Smith Clinic Building 4 Camp Smith, HI 96701 Date Material Required: 8 May 2020 - 7 May 2021 Delivery Schedule: As needed, no more than 6 CLIN 1010: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 4 Unit of Issue: EACH Price: __________ Location: Naval Health Clinic Hawaii HQ 480 Central Avenue Building 1750 Pearl Harbor, HI 96860 Date Material Required: 8 May 2020 - 7 May 2021 Delivery Schedule: As needed, no more than 4 CLIN 2001: Medical Grade, NF Compressed Oxygen Size 250 Tank Quantity: 4 Unit of Issue: EACH Price: __________ Location: NBHC Wahiawa 500 Center Street Building 22 Wahiawa, Hi 96786 Date Material Required: 8 May 2021 - 7 May 2022 Delivery Schedule: As needed, no more than 4 CLIN 2002: Medical Grade, NF Refrigerated Liquid Nitrogen Size 35L Quantity: 12 Unit of Issue: EACH Price: __________ Location: NBHC Wahiawa 500 Center Street Building 22 Wahiawa, Hi 96786 Date Material Required: 8 May 2021 - 7 May 2022 Delivery Schedule: Monthly CLIN 2003: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 6 Unit of Issue: EACH Price: __________ Location: NBHC MCBH Kaneohe Bay D Street Building 3089 Kaneohe Bay, HI 96863 Date Material Required: 8 May 2021 - 7 May 2022 Delivery Schedule: As needed, no more than 6 CLIN 2004: Medical Grade, NF Refrigerated Liquid Nitrogen Size 30L Quantity: 13 Unit of Issue: EACH Price: __________ Location: NBHC MCBH Kaneohe Bay D Street Building 3089 Kaneohe Bay, HI 96863 Date Material Required: 8 May 2021 - 7 May 2022 Delivery Schedule: Monthly CLIN 2005: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 24 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Dental Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2021 - 7 May 2022 Delivery Schedule: As needed, not to exceed max quantity CLIN 2006: Medical Grade, NF Compressed Oxygen Size 250 Tank Quantity: 8 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Dental Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2021 - 7 May 2022 Delivery Schedule: As needed, not to exceed max quantity CLIN 2007: Medical Grade, NF Refrigerated Liquid Nitrogen Size 30L Quantity: 26 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Family Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2021 - 7 May 2022 Delivery Schedule: Every 2 weeks CLIN 2008: Medical Grade, NF Refrigerated Liquid Nitrogen Size 35L Quantity: 26 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Family Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2021 - 7 May 2022 Delivery Schedule: Every 2 weeks CLIN 2009: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 6 Unit of Issue: EACH Price: __________ Location: HBHC Camp Smith Clinic Building 4 Camp Smith, HI 96701 Date Material Required: 8 May 2021 - 7 May 2022 Delivery Schedule: As needed, no more than 6 CLIN 2010: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 4 Unit of Issue: EACH Price: __________ Location: Naval Health Clinic Hawaii HQ 480 Central Avenue Building 1750 Pearl Harbor, HI 96860 Date Material Required: 8 May 2021 - 7 May 2022 Delivery Schedule: As needed, no more than 4 CLIN 3001: Medical Grade, NF Compressed Oxygen Size 250 Tank Quantity: 4 Unit of Issue: EACH Price: __________ Location: NBHC Wahiawa 500 Center Street Building 22 Wahiawa, Hi 96786 Date Material Required: 8 May 2022 - 7 May 2023 Delivery Schedule: As needed, no more than 4 CLIN 3002: Medical Grade, NF Refrigerated Liquid Nitrogen Size 35L Quantity: 12 Unit of Issue: EACH Price: __________ Location: NBHC Wahiawa 500 Center Street Building 22 Wahiawa, Hi 96786 Date Material Required: 8 May 2022 - 7 May 2023 Delivery Schedule: Monthly CLIN 3003: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 6 Unit of Issue: EACH Price: __________ Location: NBHC MCBH Kaneohe Bay D Street Building 3089 Kaneohe Bay, HI 96863 Date Material Required: 8 May 2022 - 7 May 2023 Delivery Schedule: As needed, no more than 6 CLIN 3004: Medical Grade, NF Refrigerated Liquid Nitrogen Size 30L Quantity: 13 Unit of Issue: EACH Price: __________ Location: NBHC MCBH Kaneohe Bay D Street Building 3089 Kaneohe Bay, HI 96863 Date Material Required: 8 May 2022 - 7 May 2023 Delivery Schedule: Monthly CLIN 3005: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 24 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Dental Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2022 - 7 May 2023 Delivery Schedule: As needed, not to exceed max quantity CLIN 3006: Medical Grade, NF Compressed Oxygen Size 250 Tank Quantity: 8 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Dental Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2022 - 7 May 2023 Delivery Schedule: As needed, not to exceed max quantity CLIN 3007: Medical Grade, NF Refrigerated Liquid Nitrogen Size 30L Quantity: 26 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Family Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2022 - 7 May 2023 Delivery Schedule: Every 2 weeks CLIN 3008: Medical Grade, NF Refrigerated Liquid Nitrogen Size 35L Quantity: 26 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Family Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2022 - 7 May 2023 Delivery Schedule: Every 2 weeks CLIN 3009: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 6 Unit of Issue: EACH Price: __________ Location: HBHC Camp Smith Clinic Building 4 Camp Smith, HI 96701 Date Material Required: 8 May 2022 - 7 May 2023 Delivery Schedule: As needed, no more than 6 CLIN 3010: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 4 Unit of Issue: EACH Price: __________ Location: Naval Health Clinic Hawaii HQ 480 Central Avenue Building 1750 Pearl Harbor, HI 96860 Date Material Required: 8 May 2022 - 7 May 2023 Delivery Schedule: As needed, no more than 4 CLIN 4001: Medical Grade, NF Compressed Oxygen Size 250 Tank Quantity: 4 Unit of Issue: EACH Price: __________ Location: NBHC Wahiawa 500 Center Street Building 22 Wahiawa, Hi 96786 Date Material Required: 8 May 2023 - 7 May 2024 Delivery Schedule: As needed, no more than 4 CLIN 4002: Medical Grade, NF Refrigerated Liquid Nitrogen Size 35L Quantity: 12 Unit of Issue: EACH Price: __________ Location: NBHC Wahiawa 500 Center Street Building 22 Wahiawa, Hi 96786 Date Material Required: 8 May 2023 - 7 May 2024 Delivery Schedule: Monthly CLIN 4003: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 6 Unit of Issue: EACH Price: __________ Location: NBHC MCBH Kaneohe Bay D Street Building 3089 Kaneohe Bay, HI 96863 Date Material Required: 8 May 2023 - 7 May 2024 Delivery Schedule: As needed, no more than 6 CLIN 4004: Medical Grade, NF Refrigerated Liquid Nitrogen Size 30L Quantity: 13 Unit of Issue: EACH Price: __________ Location: NBHC MCBH Kaneohe Bay D Street Building 3089 Kaneohe Bay, HI 96863 Date Material Required: 8 May 2023 - 7 May 2024 Delivery Schedule: Monthly CLIN 4005: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 24 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Dental Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2023 - 7 May 2024 Delivery Schedule: As needed, not to exceed max quantity CLIN 4006: Medical Grade, NF Compressed Oxygen Size 250 Tank Quantity: 8 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Dental Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2023 - 7 May 2024 Delivery Schedule: As needed, not to exceed max quantity CLIN 4007: Medical Grade, NF Refrigerated Liquid Nitrogen Size 30L Quantity: 26 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Family Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2023 - 7 May 2024 Delivery Schedule: Every 2 weeks CLIN 4008: Medical Grade, NF Refrigerated Liquid Nitrogen Size 35L Quantity: 26 Unit of Issue: EACH Price: __________ Location: NBHC Makalapa Family Clinic 1253 Makalapa Road Building 1407 Joint Base Pearl Harbor, HI 96860 Date Material Required: 8 May 2023 - 7 May 2024 Delivery Schedule: Every 2 weeks CLIN 4009: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 6 Unit of Issue: EACH Price: __________ Location: HBHC Camp Smith Clinic Building 4 Camp Smith, HI 96701 Date Material Required: 8 May 2023 - 7 May 2024 Delivery Schedule: As needed, no more than 6 CLIN 4010: Medical Grade, NF Compressed Oxygen Size D Tank Quantity: 4 Unit of Issue: EACH Price: __________ Location: Naval Health Clinic Hawaii HQ 480 Central Avenue Building 1750 Pearl Harbor, HI 96860 Date Material Required: 8 May 2023 - 7 May 2024 Delivery Schedule: As needed, no more than 4 Delivery Charge and Fees: Please include all delivery charges and fees associated. Delivery/Acceptance location is various clinics within the County of Honolulu, Hawaii. FBO Destination: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS) (a) In accordance with CNICMEMO dated May 5, 2017, individuals currently using an NCACS credential for Installation access are required to switch to a DBIDS no later than 14 August 2017. After 14 August 2017, the NCACS credential will no longer be valid for access to Navy Installations. (b) NCACS users may visit the local Navy Installation Visitor Control Center to obtain a DBIDS credential. To ensure uninterrupted Installation access, current NCACS credential holders are encouraged to shift to the DBIDS credential as soon as possible as Navy does not have the ability to extend this deadline. There are no fees incurred by the contractor, vendor, or supplier to obtain a DBIDS credential. (c) Individuals who apply for NCACS credentials during the period of 17 April through 31 May 2017 must also obtain DBIDS credentials. NCACS credentials issued after 17 April 2017 will no longer be accepted without an accompanying DBIDS credential for Navy Installation access. (d) DBIDS guidance for Vendors/Contractors to obtain a pass is accessible through the following website: https://www.cnic.navy.mil/om/dbids.html For more information or to enroll in the DBIDS Program call: 1.202.433.4784. (e) Vendors, contractors, suppliers and other service providers shall present their pass upon entry at ECP. PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION (SEP 2012) 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, 160.502, 164.103, 164.304, and 164.501. (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 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 (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. This acquisition incorporates by reference the following FAR provisions and clauses: 52.204-7 - System for Award Management 52.204-13 - System for Award Management Maintenance 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2017) Contractors are reminded to either include a completed copy of 52.212-3 and its ALT I with quotes, or alternatively, the provision can also be submitted at https://www.sam.gov. 52.212-4 - Contract Terms and Conditions -- Commercial Items (Jan 2017) 52.217-5 - Evaluation of Options (Jul 1990) 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) Additional contract terms and conditions applicable to this procurement are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) 252.211-7003 Item Unique Identification and Valuation (MAR 2016) 252.211-7008 Use of Government-Assigned Serial Numbers (SEP 2010) 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013) 252.225-7001 Buy American and Balance of Payments Program (DEC 2017) 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2017) 252.225-7036 Buy American-Free Trade Agreements--Balance of Payments Program-Basic (DEC 2017) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN 2012) 252.232-7006 Wide Area WorkFlow Payment Instructions (MAY 2013) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.244-7000 Subcontracts for Commercial Items (JUN 2013) 252.247-7023 Transportation of Supplies by Sea-Basic (APR 2014) The following clauses incorporated by full text apply to the solicitation: The provision at FAR 52.212-1 applies to this acquisition. Addendum to FAR 52.212-1: FAR 52.212-1 is replaced in its entirety by this addendum: Instructions to Quoters-Commercial Items (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in the first paragraph of this combined synopsis/solicitation. However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. ( b ) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations must be submitted as specified in the solicitation. As a minimum, quotations must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of quotations; (3) The name, address, and telephone number of the quoter; (4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the quoter shall complete electron...
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