Combine Solicitation – Maintenance for Medical Lasers
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Notice Type: Combine Solicitation
Posted Date:
Office Address:
Subject: Maintenance for Medical Lasers
Classification Code: J - Maintenance, repair & rebuilding of equipment
Solicitation Number: N62645-14-T-0019
Contact:
Setaside: Total Small BusinessTotal Small Business
Place of Performance (address): 693 Neiman StreetFort Detrick, MD
Place of Performance (zipcode): 21702
Place of Performance Country: US
Description:
Naval Medical Logistics Command
Circular 05-75 are incorporated. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: http://acquisition.gov/far and http://www.acq.osd.mil/dpap/sitemap.html. The NAICS code is This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR FAR 12.6, Streamlined Procedures for Commercial Items, as supplemented with additional information included in this notice. Also, this acquisition is being conducted under FAR 13.5, Test Program Procedures for commercial items and FAR 19.5 Set-Asides for Small Business. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is N62645-14-T-0019. The solicitation is issued as a Request for Quote (RFQ). Provisions and clauses in effect through Federal Acquisition 811219, with a small business size of 500 employees. This is a 100% small business set-aside requirement; all qualified small business vendors are encouraged to submit a proposal. The Naval Medical Logistics Command on behalf of Naval Hospital
The requirement is Firm Fixed Price and shall include a base year period of performance of
1. GENERAL. The Naval Medical Logistics Command (NMLC) has a requirement for a service contract for medical lasers, as listed in the attached equipment list, for Naval Hospital Pensacola. 2.
Naval Hospital Pensacola Medical Laser Equipment Listing
Department Manuf Nameplate Model Common Model Device Desc Serial No.
EVALUATION FACTORS FOR AWARD:
The Government intends to award a contract resulting from this solicitation to the responsible offeror whose offer is the Best Value, price and other factors considered. Factors 1 through 3 below, combined are more important than price, and are listed in descending order of importance. However, price may become a critical factor in the event that two or more offerors are determined to be essentially equal following the evaluation of technical and past performance factors. Evaluation of price will be based on the offeror's total price for all line items as delivered to Naval Hospital
Technical Factors 1. Equipment Coverage Capability - The Contractor will be evaluated on their conformance to contract requirements; the ability to provide service based on their internal and external resources and capabilities to perform work. The Contractor shall be qualified / authorized by the Original Equipment Manufacturer (OEM) in the repair of all equipment listed within this contract. Additionally, contractor must be authorized / qualified with the ability to obtain OEM replacement parts.
2. Service Vendor Credentials - The Contractor will be evaluated based on the provided certificates of training and/or proficiency required to demonstrate the ability of those personnel who will provide service and maintenance to the requested equipment. In-service training on each type of equipment to be maintained shall be provided and thoroughly documented. These certificates shall be from the OEM or other organization which conducts training as part of the normal course of business.
Past Performance Factor 3. Past Performance/Contract Evaluation - Contractor will be evaluated based on their past performance. This shall include quality of service, timeliness of service (including uptime and response time), and preservation/continuance of certifications and authorizations to maintain the equipment.
4. Price Reasonableness- Prices proposed will be evaluated for reasonableness. Completeness- Proposals will be evaluated for completeness. All amendments shall be acknowledged, all CLINS shall be priced, ORCA certifications shall be submitted and required provisions as listed in the solicitation are completed.
The offeror's initial proposal shall contain the offeror's best terms. The Government intends to evaluate offers and award a contract without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation.
INSTRUCTIONS TO OFFERORS:
Technical Proposal Equipment Coverage Capability: Offerors shall provide sufficient technical documentation (including but not limited to: product literature, specifications) to allow for thorough evaluation of proposal and to demonstrate conformance to contract requirements; the ability to provide service based on their internal and external resources and capabilities to perform work. The Contractor shall demonstrate and provide evidence that they are be qualified / authorized by the Original Equipment Manufacturer (OEM), in the repair of all equipment listed within this contract. Additionally, the contractor must demonstrate that they are authorized / qualified with the ability to obtain OEM replacement parts.
Service Vendor Credentials: The Contractor shall provide certificates of training and/or proficiency required to demonstrate the ability of those personnel who will provide service and maintenance to the requested equipment. These certificates shall be from the OEM or other organization which conducts training as part of the normal course of business.
Past Performance: Offerors shall provide past performance data for all similar contracts for the last 3 years, for up to 5 data points, or 5 data points for delivery starting with the most recent contracts for which delivery occurred at least 6 months prior to the closing of this solicitation. The data shall include, but is not limited to: Organization/Location, POC/Number, Contract Reference Number, Contract Date, Value of the Contract (rounding to the nearest
The Government reserves the right to consider other past performance information at its disposal, in addition to any information obtained from the references provided above.
Proposal shall specify the Total Price as well as price for all CLINS. Adequate competition is anticipated for this acquisition. The government anticipates award of a Firm Fixed Price contract. Offerors shall submit firm-fixed pricing for all above requirements.
Proposals shall be submitted by email only as a MS Word, MS Excel or Adobe PDF attachment to:
Other Administrative Instructions: System for Award Management (SAM). Offerors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at https://www.sam.gov/portal/public/SAM/; provide DUNS number; Cage Code and TIN.
FAR and DFARS Provisions & Clauses:
<p>FAR 52.204-7, System For Award Management FAR 52.204-13, System For Award Management Maintenance FAR 52.212-1, Instructions to Offerors---Commercial Items, apply to this acquisition with the exception of (d), (h), and (i) of the clause, which are RESERVED; FAR 52.212-3 ALT I, Offeror Representations and Certifications-Commercial Items; FAR 52.212-4, Contract Terms and Conditions---Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. In compliance with said clause, the following FAR clauses apply: FAR 52.203-6, Restrictions on Subcontractor Sales to the Government FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns FAR 52.219-6, Notice of Total Small Business Set Aside FAR 52.219-8, Utilization of Small Business Concerns FAR 52.219-28, Post-Award Small Business Program Representation FAR 52.222-3, Convict Labor FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies FAR 52.222-21, Prohibition of Segregated Facilities FAR 52.222-35, Equal Opportunity for Veterans FAR 52.222-26, Equal Opportunity FAR 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans FAR 52.222-36, Affirmative Action for
(End of Provision)
Offerors are reminded to include a completed copy of 52.212-3 ALT I with RFP response:
52.212-3 -- Offeror Representations and Certifications -- Commercial Items. As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications -- Commercial Items (
DFARS 252.201-7000, Contracting Officer's Representative
DFARS 252.209-7993, Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law-FISCAL YEAR 2014 APPROPRIATIONS (DEVIATION 2014-O0009) (
DFARS 252.211-7003, Item Unique Identification and Valuation DFARS 252.212-7000, Offeror Representations and Certification-Commercial Items; DFARS 252.203-7003,
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (
(a) Definitions. As used in this clause--
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training'' link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Invoice and Receiving Report COMBO
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(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Destination / Destination
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(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0248 Issue By DoDAAC N62645 Admin DoDAAC N62645 Inspect By DoDAAC N/A Ship To Code N00203 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N00203 DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications'' field of WAWF once a document is submitted in the system.
TBD
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(Contracting Officer: Insert applicable email addresses or "Not applicable.'')
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
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(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
Risk Factor Performance Standard Acceptable Quality Level Monitoring Method Positive/Negative Incentives Equipment Function Equipment is able to successfully function as intended. 95% uptime Random Inspection When performance is below standard, Contractor will correct at no additional cost to the Government.. Contractor Response Time Contractor will respond (telephone) to service call within 24 hours and resolve issue to meet the requirement for 95% uptime. 95% Random Inspection COR will be notified if two or more occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Corrective Action Response On-site Corrective Maintenance completed within 72 hours of service request call, In Accordance With (IAW) Performance Work Statement (PWS). 95% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Service Reports Contractor will provide service reports detailing performed services. Reports will be received complete, on time, and comprehensive. 100% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Semi-Annual Preventative Maintenance Semi-annual Preventative Maintenance visits will be scheduled and accomplished, In Accordance With (IAW) Performance Work Statement (PWS) 100% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Preventative Maintenance On-site Service Order Preventative Maintenance On-site Service Order is completed and distributed appropriately, In Accordance With (IAW) Performance Work Statement (PWS) 100% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Equipment Replacement Report Equipment Replacement Report (can be component of both Corrective and Preventative Service Order Reports), In Accordance With (IAW) Performance Work Statement (PWS) 100% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Service Orders Findings & Actions Preventative/Corrective Service Orders contain Findings & Actions, In Accordance With (IAW) Performance Work Statement (PWS) 100% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Updates Contractor will make necessary updates to equipment after OEM recalls/alerts without significantly affecting department workflow. 95% Random Inspection COR will be notified if two or more occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS
OTHER CONTRACTING REQUIREMENTS
Information Assurance (IA)
Post-Accreditation Review
An annual IA review shall be conducted that comprehensively evaluates existing policies and processes to ensure procedural consistency and that the IS continues to operate in the manner to which it was accredited. The annual review process should account for the analysis of projected policy needs, and produce a plan for development or implementation of new policies or processes.
Personnel Security and User Access Control
The contractor shall comply with DoDD 8500.1, "Information Assurance (IA)", DoD Instruction (DODI) 8500.2 "Information Assurance (IA) Implementation", DoDD 5400.11, "DoD Privacy Program", DoD 6025.18-R, DoD Health Information Privacy Regulation and DoD 5200.2-R, "Personnel Security Program Requirements". Contractor responsibilities for ensuring personnel security include, but are not limited to meeting the following requirements: Follow the Privacy Office guidelines for submittal of IT security clearances and ensure all contractor personnel are designated as IT-I, IT-II or IT-III where their duties meet the criteria of the position sensitivity designations.
Because of the unique circumstances presented by DoD and DON networks, personnel security requirements shall be followed to ensure appropriate precautions are taken prior to allowing vendor personnel access to the network. Any vendor personnel that will be accessing the medical device/system while installed on the hospital network will be required to have a National Agency Check (NAC) completed. Typically, this requires an investigation to support a "Public Trust Position" and requires the person(s) to complete and submit a Standard Form 85P (SF85P), Questionnaire for Public Trust Positions, via the Electronic Personnel Security Questionnaire (EPSQ). Questions relating to SF85Ps and the EPSQ process may be directed to 1-888-282-7682 or online at http://www.dss.mil/index.htm. Contractor personnel accessing equipment connected to the hospital network will be required to complete a System Authorization Access Request-Navy (SAAR-N) (form OPNAV 5239/14). Copies of this form can be obtained from the Navy PACS Office. Additionally, contractor personnel are required to complete the annual DoD IA training requirements.
The contractor shall initiate, maintain and document personnel security investigations appropriate to the individual's responsibilities and required access to Sensitive Information (SI).
Immediately report to the appropriate Navy POC and deny access to any automated information system (AIS), network, or information if a contractor employee filling a sensitive position receives an unfavorable adjudication, if information that would result in an unfavorable adjudication becomes available, or if directed to do so by the appropriate
Ensure that all contractor personnel receive IA training before being granted access to DoD AIS's.
Access to the medical devices will be limited to authorized users as determined by local policy. Vendors whose systems do not yet meet the requirement for CAC authentication must indicate their willingness to do so, and offer a timeline for compliance.
Local Privileged and Administrative User/Local System Accounts
Contractor shall create a single local user account with administrative/root level privileges for purposes of conducting system repairs and maintenance only. This account shall be separate and distinct from the built-in local administrative/root account provided by the Operating System and shall comply with DoD policy. All factors required to complete successful identification, authentication and authorization against the built-in local Administrative/Root level account shall be provided to the
Complete administrative system rights shall be provided to the government System Administrator for the purpose of conducting device vulnerability scans as needed.
Navy Business to Business (B2B) Gateway
All contractor systems that will communicate with DON systems will interconnect through the established
* Contractors will connect to the B2B gateway via a contractor procured Internet Service Provider (ISP) connection and assume all responsibilities for establishing and maintaining their connectivity to the B2B gateway. This will include acquiring and maintaining the circuit to the B2B gateway and acquiring a FIPS-140-2 Virtual Private Network (VPN)/Firewall device compatible with the MHS VPN device. Maintenance and repair of contractor procured VPN equipment shall be the responsibility of the contractor.
* Contractors shall configure their network to support access to government systems (e.g., configure ports and protocols for access).
* Contractors shall provide full time connections to a TIER1 or TIER2 ISP. Dial-up ISP connections are not acceptable.
* Contractors will comply with DoD guidance regarding allowable ports, protocols and risk mitigation strategies
Prior to accessing DON, all contractors will be required to complete a DISA Form 2875 System Authorization Access Request form (SAAR) and submit it to NMLC, Code 03, Imaging Informatics Division for processing. The contractor will be required to complete applicable DoD IA training.
Health Insurance Portability and Accountability Act (HIPAA)
The contractor shall comply with the HIPAA Act of 1996 (Public Law 104-191) requirements, specifically the administrative simplification provision s of the law and the associated rules and regulations published by the Secretary,
In accordance with DoD 6025.18-R "
(a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DODI 6025.18-R.
Individual has the same meaning as the term "individual'' in 45 CFR 164.501 and 164.103 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 164.501, limited to the information created or received by The Contractor from or on behalf of The Government.
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 164.501 and 164.103.
Secretary means the Secretary of the
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 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 Tricare Management Activity (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 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 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 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, HIPAA the 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 as 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, Privacy Rule or Security Rule
CONTRACT ADMINISTRATION PLAN (CAP)
In order to expedite the administration of this contract, the following delineation of duties is provided. The names, addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document. The office or individual designated as having responsibility should be contacted for any questions, clarifications, or information regarding the administration function assigned.
1. The Procuring Contract Office (PCO) is responsible for: a. All pre-award duties such as solicitation, negotiation and award of contracts. b. Any information or questions during the pre-award stage of the procurement. c. Freedom of Information inquiries. d. Changes in contract terms and/or conditions. e. Post award conference.
2. The Contract Administration Office (CAO) is responsible for matters specified in the FAR 42.302 and DFARS 42.302 except those areas otherwise designated as the responsibility of the Contracting Officer's Representative (COR) or someone else herein.
a. For purposes of this contract, the CAO and PCO will be Naval Medical Logistics Command.
3. The paying office is responsible for making payment of proper invoices after acceptance is documented.
4. The Contracting Officer's Representative (COR) is responsible for interface with the contractor and performance of duties such as those set forth below. It is emphasized that only the PCO/CAO has the authority to modify the terms of the contract. In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. If in the opinion of the contractor an effort outside the scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action may be taken by the contractor unless the PCO or CAO has issued a contractual change. The COR duties are as follows:
a. Technical Interface
(1) The COR is responsible for all Government technical interface concerning the contractor and furnishing technical instructions to the contractor. These instructions may include: technical advice/recommendations/clarifications of specific details relating to technical aspects of contract requirements; milestones to be met within the general terms of the contract or specific subtasks of the contract; or, any other interface of a technical nature necessary for the contractor to perform the work specified in the contract. The COR is the point of contact through whom the contractor can relay questions and problems of a technical nature to the PCO.
(2) The COR is prohibited from issuing any instruction which would constitute a contractual change. The COR shall not instruct the contractor how to perform. If there is any doubt whether technical instructions contemplated fall within the scope of work, contact the PCO for guidance before transmitting the instructions to the contractor.
b. Contract Surveillance
(1) The COR shall monitor the contractor's performance and progress under the contract. In performing contract surveillance duties, the COR should exercise extreme care to ensure that he/she does not cross the line of personal services. The COR shall be able to distinguish between surveillance (which is proper and necessary) and supervision (which is not permitted). Surveillance becomes supervision when you go beyond enforcing the terms of the contract. If the contractor is directed to perform the contract services in a specific manner, the line is being crossed. In such a situation, the COR's actions would be equivalent to using the contractor's personnel as if they were Government employees and would constitute transforming the contract into one for personal services.
(2) The COR shall monitor contractor performance to see that inefficient or wasteful methods are not being used. If such practices are observed, the COR is responsible for taking reasonable and timely action to alert the contractor and the PCO to the situation.
(3) The COR will take timely action to alert the PCO to any potential performance problems. If performance schedule slippage is detected, the COR should determine the factors causing the delay and report them to the PCO, along with the contractor's proposed actions to eliminate or overcome these factors and recover the slippage. Once a recovery plan has been put in place, the COR is responsible for monitoring the recovery and keeping the PCO advised of progress.
(4) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract you are responsible for completing a Contractor Performance Assessment Report (CPAR) in the CPARS Automated Information System (AIS). The initial CPAR, under an eligible contract, shall reflect evaluation of at least 180 days of contractor performance. The completed CPAR, including contractor comments if any, (NOTE: contractors are allowed 30 days to input their comments) should be available in the CPARS AIS for reviewing official (PCO) review no later than 270 days after start of contract performance. Subsequent CPARs covering any contract option periods should be ready at 1-year intervals thereafter.
c. Invoice Review and Approval/Inspection and Acceptance
(1) The COR is responsible for quality assurance of services performed and acceptance of the services or deliverables. The COR shall expeditiously review copies of the contractor's invoices or vouchers, certificate of performance and all other supporting documentation to determine the reasonableness of the billing. In making this determination, the COR shall take into consideration all documentary information available and any information developed from personal observations.
(2) The COR shall indicate either complete or partial concurrence with the contractor's invoice/voucher by executing the applicable certificate of performance furnished by the contractor. The COR shall be cognizant of the invoicing procedures and prompt payment due dates detailed elsewhere in the contract.
(3) The COR will provide the PCO and the CAO with copies of acceptance documents such as Certificates of Performance.
(4) The COR shall work with the Contractor to obtain and execute a final invoice no more than 60 days after completion of contract performance. The COR shall ensure that the invoice is clearly marked as a "Final Invoice."
d. Contract Modifications: The COR is responsible for developing the statement of work for change orders or modifications and for preparing an independent Government cost estimate of the effort described in the proposed statement of work.
e. Administrative Duties
(1) The COR shall take appropriate action on technical correspondence pertaining to the contract and for maintaining files on each contract. This includes all modifications, Government cost estimates, contractor invoices/vouchers, certificates of performance, DD 250 forms and contractor's status reports.
(2) The COR shall maintain files on all correspondence relating to contractor performance, whether satisfactory or unsatisfactory, and on trip reports for all Government personnel visiting the contractor's place of business for the purpose of discussing the contract.
(3) The COR shall take prompt action to provide the PCO with any contractor or technical code request for change, deviation or waiver, along with any supporting analysis or other required documentation.
f. Government Furnished Property: When Government property is to be furnished to the contractor, the COR will take the necessary steps to insure that it is furnished in a timely fashion and in proper condition for use. The COR will maintain adequate records to ensure that property furnished is returned and/or that material has been consumed in the performance of work.
g. Security: The COR is responsible for ensuring that any applicable security requirements are strictly adhered to.
h. Standards of Conduct: The COR is responsible for reading and complying with all applicable agency standards of conduct and conflict of interest instructions.
i. Written Report/Contract Completion Statement.
(1) The COR is responsible for timely preparation and submission to the PCO, of a written, annual evaluation of the contractors performance. The report shall be submitted within 30 days prior to the exercise of any contract option and 60 days after contract completion. The report shall include a written statement that services were received in accordance with the Contract terms and that the contract is now available for close-out. The report shall also include a statement as to the use made of any deliverables furnished by the contractor.
(2) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract you are responsible for completing a final Contractor Performance Assessment Report (CPAR) in the CPARS with 30 days of contract completion.
(3) The COR is responsible for providing necessary assistance to the Contracting Officer in performing Contract Close-out in accordance with FAR 4.804, Closeout of Contract Files.
5. The Technical Assistant (TA), if appointed, is responsible for providing routine administration and monitoring assistance to the COR. The TA does not have the authority to provide any technical direction or clarification to the contract. Duties that may be performed by the TA are as follows:
a. Identify contractor deficiencies to the COR.
b. Review contract deliverables, recommend acceptance/rejection, and provide the COR with documentation to support the recommendation.
c. Assist in preparing the final report on contractor performance for the applicable contract in accordance with the format and procedures prescribed by the COR.
d. Identify contract noncompliance with reporting requirements to the COR.
e. Review contractor status and progress reports, identify deficiencies to the COR, and provide the COR with recommendations regarding acceptance, rejection, and/or Government technical clarification requests.
f. Review invoices and provide the COR with recommendations to facilitate COR certification of the invoice.
g. Provide the COR with timely input regarding technical clarifications for the statement of work, possible technical direction to provide the contractor, and recommend corrective actions.
h. Provide detailed written reports of any trip, meeting, or conversation to the COR subsequent to any interface between the TA and contractor.
CONTRACTOR MANPOWER REPORTING
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs
CONTRACTOR SUPPORT NOTICE: NAVY USE OF SUPPORT CONTRACTOR FOR CONTRACT CLOSEOUT FUNCTIONS Naval Medical Logistics Command uses two private contractors in support of the contract closeout process. Those companies are
The contract closeout process includes activities such as processing deobligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to have access to the contract file. Therefore, information you provide to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical proposals and performance information.
Naval Medical Logistics Command has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of interest Mitigation Plan to ensure these employees are firewalled from all business development activity.
By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to access of their business sensitive/confidential or proprietary data by the Government's support contractor personnel in order to perform close out services.
Link/URL: https://www.fbo.gov/spg/DON/BUMED/N62645/N62645-14-T-0019/listing.html
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