Hematology Analyzer Maint Services

1. SCOPE OF WORK: 1.1. Contractor will provide services for the Hematology analyzer. This service agreement provides equipment, routine instrument maintenance and repair which assure ongoing performance to manufacturer's specifications. 1.2. PERFORMANCE WORK REQUIREMENTS: 1.2.1. The contractor will provide business hour coverage, nine hours (8am to 5pm CST), five days week-excluding weekends and nationally observed holidays. 1.2.2. Unscheduled corrective maintenance will be provided to include all labor, travel and service parts during coverage hours. 1.2.3. Will perform scheduled cycle base Preventive/Corrective Maintenance according to manufacturer's specifications. Subject to change based on updates, revisions, analysis and trends. 1.2.4. Will provide 24/7 phone support, unlimited technical assistance and troubleshooting from Technical Support staff. 1.3. SPECIFICATIONS: - Small countertop analyzer - Laser Printer - Auto Sampler - Computer subsystem operating system shall be Windows XP or higher - Ideal lab testing volumes-up to 30 CBC+Diff/24hr - Sample storage-10,000 records with scattergrams - Alert/flagging with abnormal results - CBC and 5-part differential (21 parameters-WBC, RBC, HGB, HCT, MCV, MCH, MCHC, RDW-SD, RDW-CV, PLT, MPV, NEUT%, NEUT#, LYMPH%, LYMPH#, MONO%, MONO#, EOS%, EOS#, BASO%, BASO#) - Single and auto sampler mode - Quality control holds 20 files - Levy Jennings or X-barM measurement - Must interface with Composite HealthCare System - Closed tube auto sampling and open mode sampling - Push button/walk-away daily and monthly maintenance - Streamline with reagent monitoring information displayed for the operator and operational alerts when reagents run low - Provide on-site calibrations by the company as well as regular required maintenance - Contractor will furnish the analyzer, reagents, controls with catalog numbers, calibrators and interface - Contractor will be responsible for repairs and perpetual maintenance of the equipment and all costs such as parts, labor, materials, tools, facilities, and transportation if needed - All software upgrades will be provided as soon as possible at no additional cost - Contractor will include on-site training at no additional cost - All correlations with existing analyzer performed by company - All delivery, set-up, and installation performed by company - No reticulocyte testing required 1.4. RECOGNIZED HOLIDAYS: 1.4.1. The following federal holidays are observed at Dyess Air Force Base. If federal holidays fall on Saturday, the preceding Friday will be observed. If federal holidays fall on Sunday, the following Monday will be observed. New Year's Day-1 January Labor Day-1st Monday in September Martin Luther King Day- 3rd Monday in January Columbus Day-2nd Monday in October President's Day-3rd Monday in February Veteran's Day-11 November Memorial Day- last Monday in May Thanksgiving-4th Thursday in November Independence Day-4 July Christmas -25 December 1.4.2. Base Closures. Work scheduled but not accomplished because of base closure due to weather, exercises, or actual alert, will be accomplished as soon as possible after reopening the base. 1.5. GENERAL INFORMATION: 1.5.1. Weapons, firearms and Ammunition. Contractors are prohibited from possessing weapons, firearms, or ammunition on themselves or within their contractor-owned or privately owned vehicles while on Dyess Air Force Base. 1.5.2. Contractors shall present a neat appearance. 1.5.3. The government is authorized to restrict the courier from coming on base who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population. 1.6. TERMS: 1.6.1. This contract will take effect on the date indicated when accepted by contractor ("Start Date") and provided Customer is not in default hereunder, will continue in force until the expiration date noted herein. 1.6.2. This agreement will be reviewed annually by the Client. This contract provides all service for the instrument for a 12 month period and option years. All labor, parts and shipping costs required for servicing the instrument are covered except for specific exclusions listed below. 1.6.2.1. Service required as a result of misuse of the instrument and/or lack of normal routine cleaning and maintenance by the user prescribed in the instrument operating manual will not be covered under this contract. 1.6.2.2. Service required due to use of reagents or parts other than reagents or parts supplied by contractor will not be covered under this contract. 1.6.2.3. Exclusion: Service to or replacement of accessories, alterations or attachments provided by the instrument owner or 3rd parties and/or operating supplies including but not limited to lamps, bulbs, tubing, glass syringes, manual/automatic pipettes, batteries, disposables, and consumable reagents, standards or controls will not be covered under this contract. 1.6.3. In no event shall contractor be liable for any delay in performance directly or indirectly due to (a) acts of Customer, its agents or employees; and (b) causes beyond the control of contractor, including but not restricted to acts of God, war, riot, civil commotion, fire, floods, strikes, transportation, freight embargoes, any unusually severe weather conditions and any other cause whatsoever. 1.6.4. Contractor warrants that the services to be performed hereunder will be done in a workmanlike manner and shall conform to the standards of the industry and that any replaced or exchanged components will be free of defects under normal use and operation will conform with Analyzer specifications, at the time of delivery to customer. The obligations of contractor under this contract is limited to the repair, replacement, or exchange, of any non-conforming components or parts thereof which within thirty (30) days after installation and acceptance is established by contractor to be non-conforming or defective. This warranty is given expressly and in place of all other warranties, expressed or implied, (either in fact or by operation of law), statutory or otherwise, including Warranties as to merchantability or fitness, which are expressly excluded, and is the only warranty given by contractor. 1.6.5. Payments for all services rendered under this contract shall be made without offset or deduction of any kind. 1.6.6. The terms of this Agreement will commence 16 August 2015 and will continue for one year (15 August 2016) or until terminated by either party. Termination by either party will require written notification be sent by registered mail thirty (30) days prior to the termination date. It is understood that the 7 MDG Dyess AFB Commander, will have the right to terminate this affiliation agreement without such required notice at any time, if determined necessary to be in the interests of the Air Force mission requirements. Attachment 1 - Section H Special Contract Clauses H.1 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) OF 1996 HIPAA is comprised of several different sections, each to be implemented by the Dept. of Health and Human Services. The medical facilities of the military services and the DOD health plans are specifically listed as covered by HIPAA. Currently, HIPAA Privacy and Security Rules, as set forth in the Code of Federal Regulations, are in effect for all MTFs. The specific implementation of HIPAA Privacy for DOD medical facilities is set forth in DOD 6025.18-R, and for HIPAA Security, the requirements for AF MTFs are contained in draft/final AFI 41-217, which also contains additional Information Assurance requirements for all AF MTFs. Both DOD 6025.18-R and the final AFI 41-217, when published, are incorporated herein by reference. The draft AFI 41-217 will be an attachment to this contract in the interim. MTFs are responsible to insure overall compliance with HIPAA requirements, which includes incorporation of certain requirements in contracts entered or amended after the respective implementation dates. IAW DoD 6025-18R, the Contractor and Health Care Workers meet the definition of Business Associates. Therefore, a Business Associate Agreement is required by law to comply with both the HIPAA Privacy and Security regulations. This clause serves as that agreement for each MTF, whereby the Contractor and Health Care Workers agree to abide by all HIPAA Privacy and Security requirements regarding health information as defined in this clause, DoD 6025-18-R, as amended and draft/final AFI 41-217, incorporated by reference. Additional HIPAA requirements will be addressed when implemented. 1. Privacy of Protected Health Information- (a) Definitions. As used in this clause generally refer to the CFR definition, unless a more specific provision exists in DOD 6025.18-R: Individual has the same meaning as the term "individual" in 45 CFR 164.501 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. Required by Law has the same meaning as the term "required by law" in 45 CFR 164.501. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR 160.103 and 164.501. (b) The Contractor agrees to 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 agrees to 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 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 Contract. (e) The Contractor agrees to report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract. (f) The Contractor agrees to 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. (g) The Contractor agrees to 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. (h) The Contractor agrees to 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 or an Individual, and in the time and manner designated by the Government. (i) The Contractor agrees to 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. (j) The Contractor agrees to 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. (k) The Contractor agrees to 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 Agreement, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for the other purposes, if such use or disclosure of Protected Health Information would not violate the Privacy Rule or the Department of Defense Health Information Privacy Regulation if done by the Government: Treatment, Payment or Healthcare Operations. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Agreement, 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 Agreement, 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 Agreement, 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) Upon request the Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice. (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 Privacy Rule 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 the Privacy Rule or DOD 6025.18-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. 2. Security of Protected Health Information (a) Definitions. As used in this clause: Electronic Protected Health Information has the same meaning as the term "electronic protected health information" in 45 CFR 160.103. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. Security Rule means the Security Standards for the Protection of Electronic Protected health Information at 45 CFR part 160 and part 164, subpart C. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR 160.103, 164.103, and 164.304. (b) The Contractor agrees to implement 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 on behalf of the Government. (c) The Contractor agrees to report to the Government any security incident of which it becomes aware. (d) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides Electronic Protected Health Information that it creates, receives, maintains, or transmits 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. 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. Miscellaneous (a) Regulatory References. A reference in this Clause to a section in the Security Rule means the section as in effect or as amended, and for which compliance is required. (b) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with the Security Rule per the CFR, then AFI 41-217 and any subsequent MTF Health Information Assurance Policies.