PRESOL | Q | Establish Master Blanket Purchase Agreements for various genetic laboratory testing's.

FBO DAILY ISSUE OF JUNE 16, 2012 FBO #3857
SOLICITATION NOTICE

Q -- Establish Master Blanket Purchase Agreements for various genetic laboratory testing's.

Notice Date: 6/14/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 621511 — Medical Laboratories
Contracting Office: Western Regional Contracting Office, ATTN: MCAA W BLDG 9902, 9902 Lincoln Street, Tacoma, WA 98431-1110
ZIP Code: 98431-1110
Solicitation Number: W91YU012T0121
Response Due: 7/13/2012
Archive Date: 9/11/2012
Point of Contact: Ruby Mejias, 253-968-3978
E-Mail Address: Western Regional Contracting Office
(ruby.mejias@amedd.army.mil)
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Western Region Contracting Office (WRCO), Madigan Army Medical Center, intends to award multiple Blanket Purchase Agreements (BPAs) for various genetic laboratory testing services. This is prepared in accordance with FAR Part 12 Commercial Items and FAR Part 13 Simplified Acquisition Procedures as supplemented with additional information included in this notice. WRCO is requesting product catalogs and pricing for genetic testing, laboratories must be Clinical Laboratory Improvement Amendments (CLIA) approved. Vendors, both Large and Small Businesses will be considered. Vendors should read the attached Blanket Purchase Agreement and contact WRCO via email, if interested. ALL PRODUCTS MUST BE FDA APPROVED, AND MEET THE SURGEON/PATIENT REQIREMENTS. NAICS Code, 621511; Medical Laboratories FSC Code, Q301; Medical Laboratory Testing The services are to support the following outlying medical treatment facilities (MTF): Madigan Healthcare System, Tacoma, WA Bassett Army Community Hospital, Fort Wainwright, AK Evans Army Hospital, Fort Carson, CO Raymond W Bliss Army Health Center, Fort Huachuca, AZ Irwin Army Hospital, Fort Riley, KS General Leonard Wood Army Hospital, Fort Leonard Wood, MO Munson Army Health Center, Fort Leavenworth, KS William Beaumont Army Medical Center, El Paso TX, McAffee Army Health Clinic, White Sands Missile Range, NM Weed Army Community Hospital, Fort Irwin, CA Interested parties must register in the Central Contractor Registration (CCR), online at www.ccr.gov All responsible Contractors shall fill out the attached Blanket Purchase Agreement Scope of Work and provide price listing. The following provisions apply to this acquisition: 52.212-1Instructions to Offerors-Commercial ItemsFEB 2012 52.212-3Offerors Representations and CertificationsAPR 2012 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 ADDENDUM TO 52.212-4Payment Information 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FEB 2012 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35Equal Opportunity for Special Disabled VeteransSEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-33Payment by Electronic Funds Transfer-Central Contractor RegistrationOCT 2003 52.232-36 Payment by Third Party FEB 2010 52.233-3 Protest After Award AUG 1996 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Export-Controlled Items APR 2010 252.232-7003Electronic Submission of Payment Requests and Receiving ReportsMAR 2008 252.232-7010 Levies on Contract Payments DEC 2006 52.252-6 Authorized Deviations In Clauses APR 1984 252.212-7001 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation) DEC 2010 52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation) MAY 2012 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ Scope of Work Blanket Purchase Agreement (BPA) Scope of Work between Western Regional Contracting Office Tacoma, WA 98431 (1) AUTHORITY This agreement is established in accordance with FAR 13.303, BPA. It will be reviewed by the Contracting Officer at least once annually prior to the anniversary of the effective date, and revised to conform to all requirements of Statutes, Executive Orders, or the Federal Acquisition Regulation as updates occur. Any revisions will be incorporated by modification to this BPA. (2) DESCRIPTION OF AGREEMENT a. Contractor shall provide various genetic laboratory testing services for the following outlying medical treatment facilities (MTF): ALL TESTS MUST BE FDA APPROVED, AND MEET THE SURGEON/PATIENT REQIREMENTS. Madigan Healthcare System, Tacoma, WA Bassett Army Community Hospital, Fort Wainwright, AK Evans Army Hospital, Fort Carson, CO Raymond W Bliss Army Health Center, Fort Huachuca, AZ Irwin Army Hospital, Fort Riley, KS General Leonard Wood Army Hospital, Fort Leonard Wood, MO Munson Army Health Center, Fort Leavenworth, KS William Beaumont Army Medical Center, El Paso TX, McAffee Army Health Clinic, White Sands Missile Range, NM Weed Army Community Hospital, Fort Irwin, CA Master Blanket Purchase Agreements are being established to allow maximum flexibility and efficiency. b. The vendor shall perform specialized esoteric testing for all required genetic tests as specified to include labor and materials related to testing samples and the following: 1. Provide accurate and timely testing of laboratory specimens including the interpretation of results. 2. Perform test within 10-30 working day turnaround time from receiving the specimen. Test type will determine delivery schedule. 3. Provide accurate and timely communication of critical values, excluding patient test results, to ensure proper patient care. 4. Provide accurate hard copies of all laboratory results to the ordering physician. 5. Must have board-certified clinical geneticist available for consultation. 6. Contractors must be CLIA Laboratory approved and maintain the status for the life of the agreement. 7. Must be compliant with the Health Insurance Portability and Accountability Act (HIPAA) regulations. Notwithstanding anything to the contrary in this Agreement or otherwise, contractor shall not release patient's records that include test results, without the specific written consent to release such information as provided by the patient, to any person other than the ordering healthcare provider or designee. All member records shall be treated so as to comply with all state and federal laws regarding the confidentiality of patient's records. This provision shall survive termination of this agreement. 8. Invoice must be on a 30-day billing cycle and must be received by the laboratory within 120 days from the date the test report if mailed. 9. Provide own courier service for rapid transport of specimens to the testing laboratory. 10. This agreement shall be in effect for a term of five (5) years with appropriate updates and reviews. The BPA may be renegotiated at the end of each contract year. Either party may terminate this agreement by giving thirty (30) days written notice. 11. Published product catalog and their current testing prices are the foundation upon which all pricing is based. 12. Contractors shall provide current published price lists with updates and any changes to the Contracting Officer within thirty (30) days of change. c. There are no travel cost allowances under this agreement by the government. It will be the sole responsibility of the contractor. d. BPA calls will be issued by the Western Regional Contracting Office, Tacoma, WA and the Contracting Office Cell located at William Beaumont Army Medical Center, Ft Bliss (El Paso), TX. (3) EXTENT OF OBLIGATION a. This BPA does not obligate any funds. The Government will be obligated only to the extent that authorized BPA calls are actually made under this agreement. The outlying MTFs which order various genetic tests will be responsible for payment of any obligation via Government Credit Card, or DFAS (Army Vendor Pay). b. Purchase Limitation: BPA Call Limit: $25,000.00 per credit card BPA Call Limit: $150,000.00 paid by DFAS BPA Master Dollar Limit: $6,000,000.00 (for life of Agreement) (4) ORDERING PROCEDURES All BPA holders will be awarded BPA Calls between $25,000.00 to $150,000.00 depending on payment method. As requirements occur, outlying MTFs will rotate various BPA holders for tests, and depending on the availability and delivery time of the products, will schedule deliveries accordingly. (5) Individuals Authorized to Schedule Deliveries under the BPA a. Each BPA Call will be identified by the NAME of the individuals authorized to schedule deliveries under this Agreement. Only authorized Government employees who have been specifically named by the Contracting Officer may schedule deliveries under this agreement. STRICT COMPLIANCE WITH THIS STIPULATION IS IMPERATIVE. b. The Contracting Officer will provide contractors written notification of the appointed ordering individuals for calls under GPC. c. Each order under this agreement will be assigned a Call number by the Western Regional Contracting Office. Invoices shall reflect BPA number and Call number. Deliveries will be scheduled by, outlying MTF, and a call number will be associated with each delivery. (6) DELIVERY TICKETS/PACKAGING a. All deliveries shall contain the following information: a.Name of Supplier b.BPA Number & Call Number c.Date of Surgery/Procedure d.Itemized list of supplies furnished b. Upon use of the contractor's product by outlying MTF, will send the contractor a confirmation document for acceptance of the product. The confirmation document will include the BPA Number and BPA Call Number. (7) SHIPPING The contractor shall ship directly to the following address indicate in the ship to block of the BPA calls for the outlying MTFs: Madigan Healthcare System, Tacoma, WA Bassett Army Community Hospital, Fort Wainwright, AK Evans Army Hospital, Fort Carson, CO Raymond W Bliss Army Health Center, Fort Huachuca, AZ Irwin Army Hospital, Fort Riley, KS General Leonard Wood Army Hospital, Fort Leonard Wood, MO Munson Army Health Center, Fort Leavenworth, KS William Beaumont Army Medical Center, El Paso TX, McAffee Army Health Clinic, White Sands Missile Range, NM Weed Army Community Hospital, Fort Irwin, CA A Freight shall be prepaid and added to each invoice, if applicable. (8) INVOICES/PAYMENT Government Purchase Card (GPC). GPC is a Government wide commercial purchase card provided by VISA for the purchase /payment of certain supplies and service. a. The contractor shall submit a separate invoice for each call. The invoice shall include the following information below: a. Name of Supplier b. BPA Number/Call number c. Date of Purchase d. Itemized list of supplies furnished e. Quantity, unit price, and extension of each item less applicable discounts, if applicable f. Date of delivery or shipment Note: The contractor shall be responsible for any and all transaction service charges incurred for the acceptance of GPC payment. The contractor shall submit invoice for calls to the attention of the respective ordering individual who will verify material receipt and provide government purchase card (GPC) information for payment purposes. Monthly Report: The outlying MTF shall submit monthly call report to, no later than the 5th business day following the end of each. Western Regional Contracting Office ATTN: Simplified Acquisition Team 9902 Lincoln St. MAMC Annex Tacoma, WA 98431-1100 b. INVOICES DFAS Payment The contractor will be required to submit an invoice and receiving report (COMBO) in to the Army Electronic Invoicing system through Wide Area Workflow (WAWF) for each BPA call delivery. Within 30 days delivering an ordered product, the contractor shall submit a hard copy invoice to the outlying medical treatment facilities indicated in the ship to address block with the following information: a. Name of Supplier b. BPA Number/Call number c. Date of Purchase d. Itemized list of supplies furnished e. Quantity, unit price, and extension of each item less applicable discounts, if applicable f. Date of delivery or shipment\ Monthly Report: The outlying MTFs shall maintain a usage report on each BPA Call which will need to be submitting to the Purchasing Agent at Western Regional Contracting Office monthly. c. Contractors shall list the account number or provide a separate account for each outlying MTF: Madigan Healthcare System, Tacoma, WA (Account number will be established upon ordering) Bldg 9040A (Receiving Section) Fitzsimmons Tacoma, WA 98431 Bassett Army Community Hospital, Fort Wainwright AK (Account number will be established upon ordering) 1060 Gaffney Road #7400 Fort Wainwright, AK 99703-7400 Evans Army Hospital, Fort Carson CO (Account number will be established upon ordering) 7500 Cochran Circle Fort Carson, CO 80913-4604 Raymond W Bliss Army Health Center, Fort Huachuca AZ (Account number will be established upon ordering) 45001 Winrow Drive Fort Huachuca, AZ 85613-7040 Irwin Army Hospital, Fort Riley KS (Account number will be established upon ordering) 600 Caisson Hill Road Fort Riley, KS 6642-5037 Gen Leonard Wood Army Hospital, Fort Leonard Wood, MO (Account number will be established upon ordering) 126 Missouri avenue Fort Leonard Wood, MO 65473-8952 Munson Army Health Center, Fort Leavenworth, KS (Account number will be established upon ordering) 550 Pope Avenue Fort Leavenworth, KS 66027-2332 William Beaumont Army Medical Center, El Paso, TX (Account number will be established upon ordering) 5005 North Piedras Street El Paso, TX 79920-5001 McAffee Army Health Clinic, White Sands Missile Range, NM (Account number will be established upon ordering) Bldg 530 Rock Island Avenue White Sands Missile Range, NM 8802-5220 Weed Army Community Hospital, Fort Irwin, CA (Account number will be established upon ordering) PBO/Material Receiving Point Bldg 178 Inner Loop Fort Irwin CA 92310-9986 c. Submit invoiced to the address indicate in the ship to block of each BPA Call for all the outlying MTFs (9) PAYMENT METHOLOGY: Government- Wide Purchase Card (GPC) a. BPA Calls will be paid by Government credit card (GPC). The current Government credit card is VISA. All costs associated with the use of the credit card i.e. transaction fees, must be included in the price for the appropriate CLIN. See also FAR 52.232-36. Invoices shall itemize allograft tissue and bone products used, showing the price for each implant and the number utilized. If transportation charges are not included in the cost of the allograft tissue and bone products, it must be prepaid and added to the invoice as a separate item. Invoice and credit card charges shall reflect the Blanket Purchase Agreement number and four digit call number. Invoices need to be submitted to the outlying MTF addresses indicated in the ship to block of the BPA calls for the payment: Credit card charges shall not be processed until the invoice has been certified and the cardholder has authorized payment. Payment amount MUST be based on actual usage. b. PAYMENT METHOLOGY (WIDE AREA WORK FLOW) a. The contractor will be required to submit an invoice and receiving report (COMBO) into the Army Electronic Invoicing system through Wide Area Workflow (WAWF) for each BPA call delivery. Invoicing must show quantity amounts at 1$ each and will be subtracted from overall BPA call order amount. (i.e. billing for $250.00 will show as 250ea @ $1). b. If needs assistance with establishing a Wide Area Workflow (WAWF) and training you will contact Roberta Coalter at 216-204-7096, roberta.coalter@dfas.mil, or Johnny Montgomery at 317-510-0524, johnny.montgomery@dfas.mil. Instructions for submitting WAWF invoices below: ARMY ELECTRONIC INVOICING INSTRUCTIONS (FEB 2006) Contractor shall submit payment request using the following method(s) as mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office. __X_Wide Area Workflow (WAWF) (see instructions below) _____Web Invoicing System (WInS) (https://ecweb.dfas.mil) _____American National Standards Institute (ANSI) X.12 electronic data interchange (ESI) formats (http://www.dfas.mil/ecedi) _____Other (Please specify)_________________________________________________ DFAS -INDY VP GFEBS DODAAC: HQ0490 Phone number: 888-332-7366 or (317) 212-0300 OPTION 1 WAWF is the mandatory method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractor electing to use WAWF shall (i) register to use WAWF at https://wawf.eb.mil and (ii) ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract/order. WAWF Instructions: Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) identified in Block 15 (Payment will be made by) of DD 1155 Please have your purchase order/contract number ready when calling about payments. You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire about the status of your payment. The following codes and information will be required to assure successful flow of WAWF documents. TYPE OF DOCUMENT - VENDOR WILL SUBMIT INVOICE INTO WAWF AS INDICATED BELOW: _____Commercial Item Financing _____Construction Invoice (Contractor Only) _____Invoice (Contractor Only) ___X__Invoice and Receiving Report (COMBO) **ONCE THE WAWF INVOICE IS SUBMITTED, NOTIFY THE POINT OF CONTACT AT THE OUTLYING MTF SO PAYMENTS CAN BE PROCESSED IMMEDIATELY. ___Invoice as 2-in-1 _____Performance Based Payment (Government Only) _____Progress Payment (Government Only) _____Cost Voucher (Government Only) _____Receiving Report (Government Only) _____Receiving Report with Unique Identification (UID) Data (Government Only) *UID is a new globally unique "part identifier" containing data elements used to track DoD parts through their life cycle. _____Summary Cost Voucher (Government Only) CAGE CODE:SEE BLOCK 9 OF DD 1155 ISSUE BY DODAAC:SEE BLOCK 6 OF DD 1155 ADMIN BY DODAAC:SEE BLOCK 7 OF DD 1155 INSPECT BY DODAAC:SEE BLOCK 6 OF DD 1155 ACCEPT BY DODAAC:SEE BLOCK 6 OF DD 1155 SHIP TO DODAAC:SEE BLOCK 6 OF DD 1155 LOCAL PROCESSING OFFICE DODAAC: NOT USED. IF REQUIRED BY WAWF ENTER DODAAC FROM SHIP TO ADDRESS OF DD 1155 PAYMENT OFFICE FISCAL STATION CODE: SEE BLOCK PAYMENT WILL BE MADE BY OF DD 1155 When submitting invoices via WAWF, the contractor shall ensure that the Receiver and the Acceptor are notified that an invoice is pending by initially loading their email addresses in the record for the contract and selecting them for notification each time an invoice is submitted. Email addresses for the following positions will be provided apart from this clause at the time distribution of the contract is made: INSPECTOR: ACCEPTOR: RECEIVING OFFICE POC: BPA ADMINISTRATOR: CONTRACTING OFFICER: For more information contact: SEE ISSUE BLOCK 6 OF DD 1155 FOR THE CONTRACT SPECIALIST AND BLOCK 24 OF DD 1155 FOR THE CONTRACTING OFFICER/ORDER OFFICER. (10) CUSTOMER SERVICE Myriad Genetic Laboratories shall ensure that all local or toll free customer service numbers are updated periodically to MTFs and the Contracting Office. In addition, Myriad Genetic Laboratories shall assign an account manager to the order to ensure customer satisfaction. Myriad Genetic Laboratories shall provide the name of that individual to the MTF personnel authorized to request services. BPA call orders will be faxed or emailed to Prometheus Laboratories, Inc. The contractors authorized Sales Representatives for each outlying MTFs are listed below: Madigan Healthcare System, Tacoma, WA: NamePhoneE-Mail Bassett Army Community Hospital, Fort Wainwright, AK: NamePhoneE-Mail Evans Army Hospital, Fort Carson, CO: NamePhoneE-Mail Raymond W Bliss Army Health Center, Fort Huachuca, AZ: NamePhoneE-Mail General Leonard Wood Army Hospital, Fort Leonard Wood, MO: NamePhoneE-Mail Munson Army Health Center, Fort Leavenworth, KS: NamePhoneE-Mail William Beaumont Army Medical Center, El Paso, TX: NamePhoneE-Mail McAffee Army Health Clinic, White Sands Missile Range, NM: NamePhoneE-Mail Weed Army Community Hospital, Fort Irwin, CA: NamePhoneE-Mail Contracting Government Representative: NamePhoneE-Mail Billing/Accounting Representative: NamePhoneE-Mail (11) PROMOTION The contractor agrees it shall not advertise the use of this BPA in such a manner as to state or imply that outlying medical treatment facilities (MTFs) endorses a product, project, or commercial product line. NOTE: HIPPA -PHI clause is only applicable if vendor/representatives are involved with patient information. (12) Health Insurance Portability and Accountability Act (6 May 10) 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. (End of clause) Potential contractors must be registered in the Central Contractor Registry (CCR) to be eligible for award. The CCR internet web site is http://www.ccr.gov. Offers are due by 13 July 2012, 10:00 AM, LOCAL Pacific Standard Time. Submit offers via email to Ruby.Mejias@Amedd.Army.Mil. ALL QUESTION NEED TO BE SUBMITTED VIA EMAIL.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USA/MEDCOM/DADA13/W91YU012T0121/listing.html)
Place of Performance: Address: Western Regional Contracting Office ATTN: MCAA W BLDG 9902, 9902 Lincoln Street Tacoma WA; Zip Code: 98431-1110
Record: SN02776446-W 20120616/120615000246-78fbb434b5d061a37ed47cbb4aba0bb3 (fbodaily.com)
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Q -- Establish Master Blanket Purchase Agreements for various genetic laboratory testing's.