Industrial Hygienist

This is a combined synopsis/solicitation for services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals/quotes are being requested and a written solicitation will not be issued. The solicitation reference number is F4A4000306A001 and is issued as a Request for Quotes (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-42. This acquisition will be 100% total SERVICE DISABLED VETERAN BUSINESS SET-ASIDE; the North American Industry Classification System (NAICS) code is 541612. The business size standard is $7.00M employees. Contract Line Item Numbers (CLINS): 0001: INDUSTRIAL HYGIENIST SERVICE (Reference Apogee Labs, Inc. P/N's) ALL QUOTES MUST MEET OR EXCEED SPECIFICATIONS OF THE ATTACHED PERFORMANCE WORK STATEMENT. Award shall be made in the aggregate, all or none. All quotes need to include FOB destination with items being shipped to Tyndall AFB, FL 32403. The Government anticipates award on a best value basis. The Government reserves the right to award to other than the lowest offeror. Per FAR 52.212-2, the Government intends to award a contract to the responsible offeror whose offer conforming to the proposal will be the most advantageous to the Government based on technical capability of the item offered to meet the Government requirement, past performance and price. The following factors shall be used to evaluate offers: 1. Price 2. Other crap 3. Past Performance Clauses may be accessed electronically in full text through http://farsite.hill.af.mil. The following FAR/DFARS/AFFARS provisions/clauses apply to this acquisition: 52.203-3- Gratuities 52.203-6 Alt 1- Restrictions on Subcontractor Sales to the Government 52.203-7- Anti-Kickback Procedures 52.204-10- Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6- Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.222-3- Convict Labor 52.222-19- Child Labor-Cooperation with Authorities and Remedies 52.222-21- Prohibition of Segregated Facilities 52.222-26- Equal Opportunity 52.222-35 Equal Opportunity for Special Disabled Veterans, Vetrans of the Vietnam Era, and Other Eligible Veterans 52.222-36 Affirmative Action for Workers with Disabilities 52.222-50 Combating Trafficking in Persons 52.223-11 Ozone-Depleting Substances 52.225-13- Restrictions on Certain Foreign Purchases 52.228-5 Insurance on a Government Installation 52.232-33- Payment by Electronic Funds Transfer-Central Contractor Registration 52.233-3- Protest after Award 5352.201-9101 - Ombudsman Wide Area Wotk Flow (WAWF) Offerors shall complete a copy of the Online Offeror Representations and Certifications Application. Please refer to http://orca.bpn.gov/login.aspx for information regarding the Online Representation and Certification Application process. NOTE: ALL OFFERORS MUST BE REGISTERED IN THE CENTRAL CONTRACT REGISTRATION (CCR) BEFORE BEING CONSIDERED FOR AWARD. Information concerning CCR requirements may be viewed via the internet at http://www.ccr.gov or by calling the CCR Registration Center at 1-888-227-2423. Interested parties must include, with their quote, their CAGE code, tax identification number (TIN), and delivery date. Shipping terms will be F.O.B. Destination, Tyndall AFB, FL 32403-5526 with inspection and acceptance at destination. NOTE: Interested parties submitting quotes MUST also include descriptive literature that demonstrates functional capabilities of their product. Please send any quotes/questions to the POCs listed in this posting NO LATER THAN 20 July, 01:00 PM (CST). Anticipated award date is shortly after receipt of quotes. Award will be made to the responsible quote offering the lowest overall price meeting the technical requirements of this combined synopsis/solicitation. PERFORMANCE WORK STATEMENT FOR BIOENVIRONMENTAL ENGIEERING SERVICES 1. DESCRIPTION OF SERVICES. 1.1. Bioenvironmental Engineering Services. To furnish all labor, transportation and other incidentals necessary to provide the following on site Bioenvironmental Engineering support services in support of the 325 Medical Group, Tyndall Air Force Base (AFB), Florida. Bioenvironmental Engineering applies engineering and scientific knowledge and techniques in identifying and managing risks for health protection purposes. The 325 Medical Group Bioenvironmental Engineering provides environmental engineering and industrial hygiene services to host and major tenant organizations to Tyndall AFB. 1.1.1. INDUSTRIAL HYGIENE SCIENTIST OR ENGINEER. The contractor shall provide industrial hygiene scientists or engineers for the 325 Medical Group, Resource Management Flight. Services shall be provided on-site at the 325 Medical Group Clinic, 340 Magnolia Circle, Tyndall AFB, Florida, herein referred to as the Medical Treatment Facility (MTF). The contractor shall furnish all labor education and training, consultations and reports, except as provided in section 3, Government provided services. Performance shall be according to the requirements contained in this Performance Work Statement (PWS). 1.1.2 Reserved 1.2. POINT OF CONTACT. The contractor shall provide a point of contact (POC) that shall be responsible for the performance of the work. The point of contact shall have full authority to act for the contractor on all matters relating to the daily operation of this PWS. The contractor shall designate this individual, in writing, to the Contracting Officer (CO) before the contract start date. An alternate may be designated, but the contractor shall identify those times when the alternate shall be the primary point of contact. 1.3. AVAILABILITY. The contractor shall provide a point of contact that shall be available via telephone Monday - Friday, from 7:00 AM until 5:00 PM, excluding federal holidays. 1.3.1. HOURS OF OPERATION. Contract personnel shall provide on site Bioenvironmental Engineering-industrial hygiene services at the 325 Medical Group, Tyndall AFB, Florida. Clinical hours of operation are Monday - Friday, from 0730 - 1630. Contract personnel shall be available to attend any scheduled meetings or training and shall be readily available to staff members and customers. 1.4. ARRANGE FOR REPLACEMENT STAFF. The point of contact shall arrange for a qualified personnel when the on-site personnel shall be unable to provide services for more than one week period. 1.5. ENGLISH LANGUAGE REQUIREMENT. The industrial hygiene personnel shall be able to fluently read, understand, speak and write English. 1.6. APPEARANCE. Contractor personnel shall present a professional, suitable appearance. 1.7. IDENTIFICATION BADGE. Contract personnel shall be easily recognized as a contract employee by wearing an identification badge at all times while on duty. The identification badge shall have the name of the contract company and the name of the contract employee. This identification badge shall be worn on the outer clothing, above the waist, and shall be visible at all times while the employee is on duty. 1.8. 325 MEDICAL GROUP IDENTIFICATION BADGE. All contractor personnel shall be issued an identification badge by the MTF. This badge shall be worn on the outer clothing, above the waist, and shall be visible at all times while the contract employee is on duty. 1.9. CONFLICT OF INTEREST. The contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The contractor shall not employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval in accordance with Department of Defense (DoD) Directive 5500.7 and Air Force policy. 1.10. SPECIFIC TASKS 1.10.1. INDUSTRIAL HYGIENE SCIENTIST OR ENGINEER. The contractor shall provide industrial hygiene scientists or engineers. Responsibilities are as follows: 1.10.1.1. The primary purpose of this position is to serve as an Industrial Hygienist in the Bioenvironmental Engineering Flight of the 325 Aerospace Medicine Squadron, as a technical consultant to management on industrial hygiene evaluations of the work environment. Works independently, or as a team leader to conduct health hazard evaluations, readiness program support, and promote effective occupational health practices throughout the supported wings and geographically separated units. Such work is concerned with recognizing, evaluating, and controlling environmental conditions or stresses in the workplace which may cause sickness, impaired health, significant discomfort, or inefficiency. 1.10.1.2. Conducts and/or helps direct comprehensive surveys and evaluations to evaluate occupational health hazards. Reviews regulatory requirements prior to conducting comprehensive industrial hygiene surveys, evaluations, and audits to assess hazards; develops sampling strategies and applies recognized standards; performs and/or directs sampling using indirect and direct reading instruments (e.g. pumps, various meters, heat stress monitors dosimeters, etc.) to quantify hazards; interprets the results and observations and assesses the degree of hazard and adequacy of controls; determines compliance with applicable regulations and recognizes occupational health, safety, environmental hazards and practices and recommends corrective action. 1.10.1.3. Advises supervisors, workplaces and other geographically separated units on industrial hygiene and related occupational health issues. Advises commanders on industrial hygiene issues, recommends action to prevent or minimize health hazards, and provides industrial hygiene input to risk management decision process 1.10.1.4. Reviews blueprints, designs, plans and specifications for new construction, alteration of facilities or for new processes including new materials that are of a toxic nature. 1.10.1.5. Reviews blueprints, designs, and plans to determine if controls are needled; provides on-site support for occupational health and safety related design-in-construction problems; evaluates blueprints, designs and plans to determine if selected controls (e.g. ventilation systems) are appropriate for planned tasks; compares blueprints, designs and plans to design specifications; develops occupational health and safety related requirements for design specifications and for special clause language for incorporation into contracts, statement of work, etc. 1.10.1.6. Reviews reports and case files accomplished by civilian and military personnel within the Bioenvironmental Engineering Flight. Helps provide on-the-job training for these employees. Summarizes industrial hygiene Procedures and provides lesson plans for instruction as appropriate. 1.10.1.7. Plans, conducts or oversees sampling processes using various instrumentation and equipment. Selects proper type of instruments, calibrates as appropriate, and assures compliance with proper sampling procedures in accordance with applicable directives. 1.10.1.8. Works to achieve and support quality improvement in all products and services; and performs other duties as assigned. Demonstrates positive support and works with employees, superiors, and peers to establish and maintain the organization's reputation as a quality organization 1.10.2. Work Knowledge: The contractor shall be required to ensure that all contract personnel possess the acceptable work knowledge to provide the following services: 1.10.2.1. Knowledge of professional industrial hygiene concepts, practices, and principles. 1.10.2.2. Knowledge and ability to recognize workplace and environmental factors and stresses associated with complex work operations. 1.10.2.3. Knowledge and ability to use a wide range of industrial hygiene sampling techniques and instrumentation. 1.10.2.4. Knowledge and ability to conduct air sampling evaluations and assess the associated hazards. 1.10.2.5. Knowledge required to recommend control measures for a wide variety of health hazards associated with noise, ionizing/non-ionizing radiation, hazardous/toxic materials, operations of water, industrial and sanitary waste treatment plants, indoor air quality, ergonomics, etc. 1.10.2.6. Ability to plan and execute complex, multi-faceted projects. 1.10.2.7. Ability to communicate technical information orally and in writing, prepare correspondence, briefings, and recurring and special reports regarding industrial hygiene related issues. 1.10.2.8. Record industrial hygiene activities in the Defense Occupational & Environmental Health Readiness System (DOEHRS) database, existing SGPB databases, and/or shop case files. 1.10.2.9. Ability to plan, organize work, and meet deadlines. 1.10.2.10. Knowledge of AFMS Customer Satisfaction Priorities and skill in demonstrating sensitivity and responsiveness to the needs and requirements of customers, employees, supervisors, and peers. 1.10.2.11. Formulates and provides technical guidance and advice on regulations, policies, and other guidelines. Designs, coordinates and implements a variety of comprehensive studies. 1.10.2.12. Provides environmental planning; coordinates environmental compliance and hazardous waste management issues which may be complex and controversial; analyzes and develops solutions to a wide variety of technical and complex problems. Prepares and reviews environmental planning documentation and provides technical support in hazardous materials/waste management, response requirements, as examples. 1.10.3. Reserved 1.10.4. Reserved 1.11. GENERAL INFORMATION 1.11.1. Health Requirements. Contract personnel providing services under this contract shall receive a pre-employment physical examination prior to commencement of work. Contract personnel shall report to the contractor's physician or the employee's private physician to receive the pre-employment examination. 1.11.2. Immunizations and medical testing required by the MTF shall be administered by the MTF during MTF in-processing. 1.11.3. All annual immunization/medical testing requirements will be administered by the MTF. 1.11.4. Initial certification that contract personnel have completed the medical evaluation required in paragraph 1.11.1, shall be given to the CO no later than five working days prior to commencement of work. This certification shall state the date on which the examination was completed, the doctor's name that performed the examination, and a statement concerning the physical health of the individual. 1.11.5. Contract employees shall provide proof of compliance with MTF required employee immunizations or be willing to be immunized by the MTF, and comply with any other requirement of the MTF's Employee Health Program. 1.11.6. The contractor shall report to the appropriate MTF staff member all information necessary to assure clinic records can be maintained correctly and shall comply with Occupational Safety and Health Association (OSHA), Accreditation Association for Ambulatory Health Care (AAAHC), and Center for Disease Control (CDC) health records requirements. 1.11.7. Hours of Operation: 0730-1630, Monday through Friday, excluding federal holidays unless otherwise specified by the Contracting Officer (CO). 1.11.8. Continuation of Essential DoD Contractor Services During Crisis. This requirement has been determined not to be essential and does not require continued support during a crisis as defined in DoDI 3020.37, E2.1.1 and E2.1.3. 1.11.9. Reserved 1.11.10 Key Control. The Contractor shall establish and implement methods of ensuring that all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government will be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report the occurrences of lost or duplicate keys to the CO. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the CO, rekey or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform rekeying. When the Government performs the replacement of locks or rekeying, the total cost of rekeying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, the Government shall replace all locks and keys for that system and the total cost deducted from the monthly payment due the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor's employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor's employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the CO. 1.11.11. ENVIRONMENTAL PROTECTION & SAFETY. The contractor shall be knowledgeable of and comply with all applicable federal, state, and local laws, regulations and requirements regarding environmental protection. In the event environmental laws or regulations change during the term of this contract, the contractor is required to comply as such laws come into effect. 1.11.12. INFORMATION ASSURANCE. All contract personnel shall successfully complete Information Assurance (IA) training prior to obtaining access to network. All contract personnel shall comply with IA policies and revisions. The contractor shall ensure terminated employees network access is removed within 2 hours of termination notice. The 325 Communications squadron reserves the right to terminate the contractor's access to the Tyndall network at any time to preserve the integrity of the local network. 1.11.13: Reserved 1.12. Education and Training 1.12.1. Current Basic Life Support (BLS) Certification. All contract personnel shall be certified and remain current in BLS. BLS classes are offered periodically at the MTF free of charge to the contractor. Contractor personnel shall be scheduled for BLS certification class during MTF in-processing. 1.12.2. Mandatory Training. All contract employees shall complete MTF training. Topics may include but are not limited to items such as safety resource protection, fire training, infection control, patient sensitivity and electrical safety. Topics may be added or deleted at the direction of the Medical Group Commander and based on direction from AAAHC, the Air Force or DoD authorities. Annual training is currently being taught through the use of a self paced computer education module. 1.12.3. Computer Systems Training. Initial and on-going computer systems training on newly assigned contractor personnel in support of the MTF shall be the responsibility of the contractor. Computer classes are taught at the MTF as well as on base and are available to the contract personnel on a space available basis. Computer classes are offered at no charge to the contractor. The MTF will not reimburse the contractor or subcontractors for any expenses incurred by the contractor or subcontractors while contractor personnel complete computer systems training. 1.12.4. Newcomer's Briefing. All new contract employees shall participate in the hospital and base newcomer orientation briefings. The contract employee shall schedule to attend the Newcomer's briefings through the Education and Training office within 30 days of start of work. 1.12.5. Work Area Orientation. All contractor personnel working in the facilities of the MTF shall complete orientation training specific to their individual work area. The contractor shall contact the Officer or the non-commissioned officer in charge of that particular work section to initiate such training. The MTF will not reimburse the contractor or subcontractor for any expenses incurred by the contractor or subcontractor while contract personnel complete orientation training. 1.12.6. Orientation. The contractor shall ensure that all contract personnel participate in the MTF orientation procedures for newly assigned personnel to include regulations specific to their professional specialty, Resource Management Flight and Air Force policy and procedures. 1.12.7. Patient Lists. Patient lists shall be treated as privileged information. Lists and names of patients shall not be disclosed or revealed in any way for use outside the MTF. 1.12.8. Communication. The contractor shall ensure that contract personnel under his/her supervision maintain open and professional communication with members of the MTF. Complaints validated by the QAP shall be reported in writing to the contract administrator and the contractor for action. Failure of the contractor to correct validated complaints will be considered a failure to perform. 1.12.9. Performance Evaluation Meetings. The CO will require the contractor or his representative to meet with the CO, contract administrator, QAP, and other government personnel as often as deemed necessary. The contractor may request a meeting with the CO when deemed necessary. The minutes will be documented by the government and shall be signed by the POC for the contractor. Should the contractor not concur with the minutes, such non-concurrence shall be provided in writing to the CO within ten calendar days of receipt of the minutes. 1.12.10. Patient Sensitivity. Contract personnel shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships. 1.12.11. Security Requirements. All contract personnel shall strictly adhere to all requirements, provisions and restrictions of the Privacy Act of 1974, the Freedom of Information Act, and Military Health System (MHS) procurement and proprietary data. 1.12.12. Proprietary Information. Proprietary information shall not be used in, or result from, the tasks. 1.12.13. Special Considerations. Overtime work is not anticipated. However, if necessary, as determined by the CO, contractor personnel may be requested to work an extended work week, i.e., beyond the standard 40-hour work week to complete tasks. Any changes in contractors' work week shall be presented and approved in writing by the Contracting Officer. 1.12.14. RESERVED. 1.12.15. Health Insurance Portability and Accountability Act (HIPAA) of 1996: All individuals performing services at the MTF shall be required to complete HIPAA Act of 1996 Privacy Rule training and will be held accountable for complying with the MTF specific health information privacy policies and procedures. 1.13. HIPAA Privacy and Security Business Associate Contract Language (August 2005) The following clause may be included in contracts which involve the handling of protected health information (PHI) by MHS business associates that are modified or initiated after April 21, 2005. 1.13.1. PRIVACY AND SECURITY OF PHI Introduction In Accordance With (IAW) DoD 6025.18R "Department of Defense Health Information Privacy Regulation" the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the 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 DoD 6025.18R, 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 6025.18R. 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. PHI 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 PHI 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 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 Agreement shall have the same meaning as those terms in 45 CFR 160.103, 164.501 and 164.304. (b) The Contractor agrees to not use or further disclose PHI (PHI) 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 PHI 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 PHI 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 PHI by the Contractor in violation of the requirements of this Contract. (f) The Contractor agrees to report to the Government any security incident involving PHI of which it becomes aware. (g) The Contractor agrees to report to the Government any use or disclosure of the PHI not provided for by this Contract of which the Contractor becomes aware of. (h) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides PHI, 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 agrees to ensure that any agent, including a subcontractor, to whom it provides electronic PHI, agrees to implement reasonable and appropriate safeguards to protect it. (j) The Contractor agrees to provide access, at the request of the Government, and in the time and manner designated by the Government to PHI 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 agrees to make any amendment(s) to PHI 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. (l) The Contractor agrees to make internal practices, books, and records relating to the use and disclosure of PHI 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 agrees to document such disclosures of PHI 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 PHI in accordance with 45 CFR 164.528. (n) 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 PHI 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 PHI 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 PHI would not violate the Privacy Rule, the Security Rule or DOD 6025.18R if done by the Government. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Agreement, the Contractor may use PHI 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 PHI 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 PHI to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B). (d) Contractor may use PHI 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 PHI, 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 PHI 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 PHI 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 PHI received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to PHI that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the PHI. (3) If this contract does not have reco...