PRESOL | 66 | Cost Per Test RFQ | 20-Jul-12

FBO DAILY ISSUE OF JULY 20, 2012 FBO #3891
SOLICITATION NOTICE

66 -- Cost Per Test RFQ

Notice Date: 7/18/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 334516 — Analytical Laboratory Instrument Manufacturing
Contracting Office: Department of the Navy, Bureau of Medicine and Surgery, NMC Portsmouth, 54 Lewis Minor St, Portsmouth, Virginia, 23708-2297, United States
ZIP Code: 23708-2297
Solicitation Number: N00183-12-T-0376
Archive Date: 8/11/2012
Point of Contact: Harold D Woodley, Phone: 757-953-7276, Danny W Davis, Phone: 757-953-2910
E-Mail Address: harold.woodley@med.navy.mil, danny.davis2@med.navy.mil
(harold.woodley@med.navy.mil, danny.davis2@med.navy.mil)
Small Business Set-Aside: N/A
Description: Section A - Solicitation/Contract Form CLAUSES INCORPORATED BY FULL TEXT TIN: _________________ CAGE: _______________ DUNS: _______________ Vendor Point of Contact: ______________Phone: ________________ Vendor email: _______________________ Billing/Payment in Arrears. Naval Medical Center Contracting POC: Harold Woodley Phone: 757-953-7276 Fax: 757-953-5006 Email: harold.woodley@med.navy.mil Product/Services for: Branch Health Clinic Kingsville, Laboratory Department POC: Robert Hickey Phone: 361-961-6012 Fax: Email: robert.hickey@med.navy.mil Vendor to reference RFQ number N00183-12-T-0376 on all inquires. Reference: NOTE: Award will be made on an all or nothing best value evaluation based on price, technical capability and past performance. NOTE TO VENDOR: FAILURE TO LABEL MATERIAL REQUIRINIG SPECIAL HANDLING OR REFRIGERATION MAY RESULT IN NON-PAYMENT AND RETURN OF MATERIAL AT VENDOR'S EXPENSE. PROMPT PAYMENT For Prompt Payment Act Purposes, this contract is: Subject to the 7-calender day constructive acceptance period. "AVAILABILITY OF FUNDS. Pursuant to Section I, Availability of Funds (FAR 52.232-18), of the contract, funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing to the Contracting Officer. Section B - Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 10 Package #8196057 ALBUMIN/5 PACK/ 250 SLDS FFP Deliver 5 in Oct 2012 / Deliver 5 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 6 Package #1053180 ALKP/5 PACK/300 SLDS FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 7 Package #1655281 ALT/5 PACK/250 SLDS FFP Deliver 4 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 6 Package #8433815 AST/5 PACK/300 SLDS FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 6 Package #8102204 BUN/5 PACK/300 SLDS FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 6 Package #1450261 CALCIUM/5 PACK/300 SLDS FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0007 6 Package #8445267 CHLORIDE/CL-/5 PACK/250 SLDS FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0008 6 Package #6802584 CREATININE/5 PACK/300 SLDS FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0009 6 Package #8262396 ENZYMATIC C02/5 PACK/300 SLDS FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0010 10 Package #1707801 GLUCOSE/5 PACK/300 SLDS FFP Deliver 5 in Oct 2012 / Deliver 5 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0011 6 Package #8157596 POTASSIUM/K+/5 PACK/250 SLDS FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0012 8 Package #8379034 SODIUM/NA+/5 PACK/250 SLDS FFP Deliver 4 in Oct 2012 / Deliver 4 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0013 6 Package #8159931 TOT BILIRUBIN/5 PACK/300 SLDS FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0014 6 Package #8392292 TOTAL PROTEIN/5 PACK/250 SLDS FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0015 6 Package #1669829 CHOLESTEROL/5 PACK/300 SLDS FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0016 10 Package #1336544 TRICLYCERIDES/5 PACK/300 SLDS FFP Deliver 5 in Oct 2012 / Deliver 5 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0017 3 Package #1882208 CALIBRATOR KIT 1 FFP Deliver 2 in Oct 2012 / Deliver 1 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0018 3 Package #1662659 CALIBRATOR KIT 2 FFP Deliver 2 in Oct 2012 / Deliver 1 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0019 3 Package #1662659 CALIBRATOR KIT 2 FFP Deliver 2 in Oct 2012 / Deliver 1 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0020 3 Package #1290709 CALIBRATOR KIT 3 FFP Deliver 2 in Oct 2012 / Deliver 1 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0021 3 Package #1204668 CALIBRATOR KIT 4 FFP Deliver 2 in Oct 2012 / Deliver 1 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0022 10 Package 8067324 PERFORMANCE VERIFIER 1 FFP Deliver 5 in Oct 2012 / Deliver 5 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0023 10 Package 8231474 PERFORMANCE VERIFIER 2 FFP Deliver 5 in Oct 2012 / Deliver 5 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0024 6 Package 1247823 HUMIDITY PACKS (2 SETS) FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0025 6 Package 1250232 DESSICANT PACKS (2 SETS) FFP Deliver 3 in Oct 2012 / Deliver 3 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0026 4 Package 6801715 VITROS VERSATIP 1000/BOX FFP Deliver 2 in Oct 2012 / Deliver 2 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0027 13 Package #1765304 REFERENCE FLD BX/30 BTLS FFP Deliver 7 in Oct 2012 / Deliver 6 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0028 4 Package #8262487 SOLUTION (7% BSA) BOX/12 BTLS FFP Deliver 2 in Oct 2012 / Deliver 2 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0029 2 Package #1331560 AIRFILTER 250/350 (2 CT) FFP Deliver 1 in Oct 2012 / Deliver 1 in April 2013. See Section C for Statement of Work. FOB: Destination MILSTRIP: N3264713RQLC002 PURCHASE REQUEST NUMBER: N3264713RQLC002 NET AMT Section C - Descriptions and Specifications CLAUSES INCORPORATED BY FULL TEXT STATEMENT OF WORK 1. Vendor shall supply ALL items listed in Section B, in a packaged, ready to use condition. 1.1. Vendor to supply all cost per test reagents and supplies in accordance with Section B. 1.2. Vendor to warrant that all supplied items are free of manufactures defects 1.3. Vendor price shall be inclusive of all cost including shipping and handling. 1.4. Reagents shall be "Dropped Shipped" on a regular basis. First Drop Shipment to be delivered on or about October 15, 2012. Second Drop Shipment to be delivered on or about April 15, 2013. 1.5. All items are to have a minimum 6-month shelf life from date of receipt and shall have the same lot numbers. 1.6. All supplied items are to be certified for use with Ortho-Clinical Diagnostics equipment. 1.7. All items received are to be certified for use (where applicable) in US based hospitals. 2. Note to Vendor. 2.1. Failure to label material requiring special handling or refrigeration may result in non-payment and return of material at vendor's expense. 2.2. Vendors shall provide items with an expiration date minimum of six (6) months upon receipt. Section E - Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government 0028 Destination Government Destination Government 0029 Destination Government Destination Government Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 01-OCT-2012 TO 30-SEP-2013 N/A BRANCH HEALTHCARE CLINIC KINGSVILLE RECEIVING OFFICE 730 FORRESTAL AVENUE BLDG 3775 KINGSVILLE TX 78363 361-561-6178 FOB: Destination N32647 0002 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0003 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0004 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0005 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0006 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0007 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0008 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0009 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0010 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0011 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0012 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0013 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0014 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0015 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0016 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0017 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0018 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0019 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0020 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0021 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0022 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0023 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0024 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0025 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0026 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0027 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0028 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 0029 POP 01-OCT-2012 TO 30-SEP-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination N32647 Section G - Contract Administration Data CLAUSES INCORPORATED BY FULL TEXT For Supplies: SECTION SF 30 BLOCK 14 CONTINUATION PAGE INVOICING INSTRUCTIONS AND PAYMENT FOR SUPPLIES Invoices for supplies rendered under this Task Order shall be submitted electronically through Wide Area Work Flow - Receipt and Acceptance (WAWF): The vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the internet at http://wawftraining.com. One or more separate invoices will be prepared per order. Do not combine the payment claims for supplies provided under this contract ordered through multiple orders within one invoice. Select the Create Invoice And Receiving Report combo within WAWF as the invoice type (destination/destination). The Invoice and Receiving Report combo prepares the Material Inspection and Receiving Report, DD Form 250, and the Invoice at the same time. Back up documentation (such as delivery receipts, etc.) can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. The following information regarding Naval Medical Center Portsmouth is provided for completion of the invoice in WAWF: Issuing Office DODAAC: N00183 Admin DODAAC: N00183 Ship To DODAAC: N32647 LPO DODAAC: N32647 Pay DODAAC: HQ0248 The contractor shall submit invoices for payment per contract terms. The Government shall process invoices for payment per contract terms. For more information on Wide Area Workflow, please contact the Wide Area Workflow Implementation Team at wawf@med.navy.mil. Section H - Special Contract Requirements CLAUSES INCORPORATED BY FULL TEXT N00183-0004 Privacy and Security of Protected Health Information Department of Defense Business Associate Agreement Introduction In accordance with DoD 6025.18-R "Department of Defense Health Information Privacy Regulation," January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented. (a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R. Individual has the same meaning as the term "individual" in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. Protected Health Information has the same meaning as the term "protected health information" in 45 CFR 160.103, limited to the information created or received by the Contractor from or on behalf of the Government pursuant to the Contract. Electronic Protected Health Information has the same meaning as the term "electronic protected health information" in 45 CFR 160.103. Required by Law has the same meaning as the term "required by law" in 45 CFR 164.103. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C. Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 164.501 and 164.304. (b) The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law. (c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. (d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract. (e) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Clause. (f) The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware. (g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware. (h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. (i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (j) The Contractor shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524. (k) The Contractor shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government. (l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government's compliance with the Privacy Rule. (m) The Contractor shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (n) The Contractor shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. General Use and Disclosure Provisions Except as otherwise limited in this Clause, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor. (b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B). (d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1). Obligations of the Government Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions (a) The Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520. (b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures. (c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522. Permissible Requests by the Government The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause. Termination (a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract. (b) Effect of Termination. (1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below (2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information. (3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information. Miscellaneous (a) Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required. (b) Survival. The respective rights and obligations of Business Associate under the "Effect of Termination" provision of this Clause shall survive the termination of this Contract. (c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DoD 6025.18-R, DoD 8580.02-R, the HIPAA Privacy Rule or the HIPAA Security Rule.
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66 -- Cost Per Test RFQ