Radiology, X-Rays (AMSP) B-Readings

Amendment to the Solicitation: 1 - The mileage in Section 1.1 of the PWS was increased from 10 miles to 20 miles. 2- Volume IIF was amended to extend the proposal due date to 27 August 2019 NLT 10:00 AM Est. In addition, Qustions about this RFQ should be submitted before 22 August 2019 by NLT 4:00 PM Est. 3- Volume IIA was also amended to reflect that the government will look favorably at vendors with close proximity to the Navy Yard. Please see the Amendment/changes below: Solicitation N6264519Q0029 __________________________________________________________________________________ This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Commercial Items, and FAR 13.5 Simplified procedures for certain commercial items. This announcement constitutes the only solicitation. A written Combined /Synopsis solicitation on an SF1449 will not be issued. The solicitation number is N6264519Q0029. The solicitation is issued as a request for quotes (RFQ). Provisions and clauses in effect through Federal Acquisition Circular 2005-98 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 . The NAICS code is 621512, with a small business size of $15.0 mil. The services will be posted on the GPE as a Full and Open requirement. This is a solicitation for quotes. The Naval Medical Logistics Command intends on awarding a single Stand Alone contract as a result of this solicitation in support of the Philadelphia Navy Yard Occupational Health Clinic (PNY-OHC) Philadelphia, PA. PERFORMANCE WORK STATEMENT RADIOLOGY - X-RAY SERVICES AND INTERPRETATION FOR PHILADELPHIA NAVY YARD - OCCUPATIONAL HEALTH CLINIC (PNY - OHC) 1. DESCRIPTION OF SERVICES. 1.1. SCOPE OF WORK. The contractor shall provide non-digital, chest x-ray services, to include interpretation of films at the contractor's facility, in support of the Philadelphia Navy Yard - Occupational Health Clinic (PNY-OHC), Building 615, Philadelphia, PA. The contractor's x-ray facility shall be within a 20-mile radius from 4898 Broad St, Building 615, PNY-OHC, Philadelphia, PA. 1.1.1. The contractor shall provide chest x-rays as follows: a 14x17 posterior/anterior (P/A) chest x-ray. Additional views (14x17 Lateral and /or Oblique) may be required for follow-up purposes. PNY-OHC currently has no accommodation for mobile x-ray trailers. 1.1.2. The chest x-rays and interpretation of films are for use in medical surveillance programs, including the Navy Asbestos Medical Surveillance Program (AMSP). Chest x-rays taken for the Navy AMSP must be submitted for B readings. The PNY-OHC clinic will be responsible for mailing the films to the B readers. Pre-labeled x-ray jackets with previous films provided to the contractor for comparison purposes shall be returned to the PNY-OHC Occupational Medicine Clinic in a separate package with the AMSP x-rays. 1.1.3. Contractor services shall include the following: 1.1.3.1. Provide x-rays and perform interpretation via written report of x-ray films. 1.2. The contractor shall provide services between the hours of 0730 and 1530, Monday through Friday, excluding Federal holidays, on a scheduled basis. The contractor shall also provide services for a group of employees approximately once per week, not to exceed eight times per month. The PNY-OHC will schedule visits at least four weeks in advance. 1.3. INDEPENDENT CONTRACTOR. The services rendered by the Contractor are rendered in the capacity of an independent Contractor. The Government will evaluate the quality of services for purposes of contract inspection and acceptance. The Contractor shall be solely responsible for any and all liability caused by the acts or omissions of its agents or employees. The Contractor shall not in any manner represent or infer that it is an instrumentality or agent of the United States Government. The Contractor shall recognize that the Commander maintains administrative and operational responsibility for all activities within the Command and may take such actions as necessary to preserve and maintain the integrity of the Command, subject to the limitations prescribed by law and U.S. Navy Regulations. The Government may evaluate the quality of professional services provided, but retains no control over the medical, professional aspects of services rendered (e.g. professional judgements, diagnosis for a specific medical treatment). The vendor indemnifies the Government for any liability producing act or omission by the contractor, its employees and agents during contract performance. 1.4. MODIFICATIONS. The Contracting Officer will designate and authorize an individual to act as the Contracting Officer's Representative (COR). Any such representative appointed will be specifically designated by letter from the Contracting Officer. The COR exclusively represents the Contracting Officer in all technical phases of the work, but is not authorized to issue Change Orders, Supplemental Agreements, or direct any contract performance requiring contractual modification or adjustment. Changes in the scope of work can only be made by modification properly executed by the Contracting Officer. All observations made by persons other than the Contracting Officer or the COR are strictly advisory and shall not influence the Contractor's operations except for administrative requirements and responsibilities specified herein. 1.5. BACKGROUND INFORMATION. This is a non-personal services contract covering a professional discipline. Contracting has been chosen as a strategy to permit expansion of the capacity of DOD facilities by overcoming shortfalls in the numbers of and support personnel. 1.6. QUALITY OF SERVICE. The services specified in this work statement shall be performed in accordance with established principles and ethics of the healthcare profession. The Contractor shall comply with applicable provisions of law and the rules and regulations of any and all Governmental authorities and the regulations and standards of the MTF. The Contractor shall adhere to and comply with all Department of Navy (DON), Bureau of Medicine and Surgery (BUMED) and MTF Instructions and notices which may be in effect during the term of the contract. 2. GOVERNMENT FURNISHED ITEMS. 2.1. Publications and Forms. The Government will furnish all forms and publications required for the contract. The Contractor is required to comply with various instructions, directives and regulations covering routine administrative, safety and security matters in the same manner as other members of the staff. Such compliance does not constitute a material expense to the contract. 3. CONTRACTOR FURNISHED ITEMS. 3.1. Supplies. The Contractor shall furnish all supplies, equipment, and personnel, except those listed as Government-furnished, required to perform the services described in this contract. 3.2. Insurance. The Contractor shall comply with applicable provisions of the Federal Acquisition Regulations (FAR) 52.237-7, Indemnification and Medical Liability Insurance. 3.2.1. The Contractor shall comply with applicable State workers' compensation insurance laws. 3.2.2. The contractor is required to ensure that its subcontracts for provisions of the services herein contain the requirements of FAR 52.237-7 3.3. The Contractor shall provide a completed Malpractice Insurance Certification Form, see Attachment 4 to the COR annually during the term of this contract. 4. RESERVED 4.1. RESERVED 5. SPECIFIC DUTIES. 5.1. General. The contractor shall provide non-digital, chest x-ray services, to include interpretation of films at the contractor's facility, in support of the PNY-OHC. The chest x-rays and interpretation of films are for use in medical surveillance programs, including the Navy Asbestos Medical Surveillance Program (AMSP). 5.2. The Government will provide the contractor with a request form. Each employee will return to the clinic with verification of completed procedures (signed/initialed by contractor representative); see Attachment 3. The clinic will also provide the contractor with x-ray jackets for each employee (patient) with pre-labeled patient information and any past x-rays for purposes of comparison. 5.3. The Contractor shall provide a package containing final written x-ray interpretation to the PNY-OHC within five (5) working days. 5.4. The contractor shall file chest x-rays performed for physical exams (non-asbestos program) in a provided labeled jacket. The contractor will also record the date and type of x-ray on the outside of the jacket, and place a copy of the x-ray interpretation into the x-ray jacket. The jackets (with films) will be returned to the PNY-OHC clinic within 5 working days. 5.5. REPORTING REQUIREMENTS. 5.5.1. The contractor shall comply with reporting requirements as outlined in Attachment I. 6. PERSONNEL QUALIFICATIONS. Personnel performing services under this contract shall possess the minimum personnel requirements, as follows: 6.1. Be a graduate from a medical school approved by the Liaison Committee on Medical Education of the American Medical Association or the American Osteopathic Association or certification by the Educational Council for Foreign Medical Graduates (ECFMG). 6.2. Have successful completion of a residency program in radiology which has been approved by the Accreditation Council for Graduate Medical Education or the Committee on Postdoctoral Training of the American Osteopathic Association or those Canadian training programs approved by the Royal College of Physicians and Surgeons of Canada or other appropriate Canadian medical authority. 6.3. Possess a current, valid, and unrestricted medical license in the State of Pennsylvania. 6.4. Possess current board certification in Radiology. 6.5 Credentialing. The Contractor shall demonstrate and provide documentary evidence annually that radiologists performing under this contract are fully credentialed and privileged in accordance with Joint Commission standards. The contract radiologists are performing services off-site at the contactor's facility and are credentialed and privileged "by proxy". 6.6 STANDARDS AND CONFLICT OF INTEREST. 6.6.1. The Contractor shall provide adequate oversight and supervision of contractor staff activities. 6.6.2. Confidentiality of Information. Unless otherwise specified, all financial, statistical, personnel and/or technical data which is furnished, produced or otherwise available to the Contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of work under this contract nor be released by the Contractor without prior written consent of the Government, via the COR. Any presentation of any statistical or analytical materials, or any reports based on information obtained from the studies covered by this contract, will be subject to review and approval by the Government, via the COR, before publication or dissemination. 6.6.3. The Contractor shall not hire any employee for performance under this contract whose employment would result in a conflict with Government or Navy Standards of Conduct (SECNAVINST 5370.2 (latest revision)). Except in very limited cases, the federal criminal statutes at 18 USC 203 and 18 USC 205 bar Government personnel, both active duty and civil service, from working as a contractor employee in a Government workplace, including a medical treatment facility, either as a second job ("moonlighting") or while on terminal leave. The contractor agrees that, before making an employment offer to an active duty member or a civil servant, it shall inform the individual of the potential applicability of these statutes and further agrees to encourage that individual to seek an advisory opinion from his/her local ethics counsel before accepting an employment offer. In addition, without the prior written approval of the contracting officer, the contractor shall not use in the performance of this contract any persons currently performing medical or dental services under other Navy contracts. 6.6.4. The Contractor or Contractor employees shall not bill personnel entitled to care for services rendered. 6.6.5. The Contractor or Contractor employees shall not, while performing services under this contract, advice, recommend, or suggest to persons eligible to receive medical care at Government expense that such persons should receive care from the Contractor or Contractor employees. 7. MISCELLANEOUS PROVISIONS. 7.1. The Contractor shall be responsible for payment of all wages and salaries, taxes, withholding payments, penalties, fees, fringe benefits, professional liability insurance premiums, contributions to insurance and pension or other deferred compensation plans including, but not limited to, Workers' Compensation and Social Security obligations, licensing fees, etc., and the filing of all necessary documents, forms and returns pertinent to all of the foregoing. The Contractor shall indemnify and hold the Government harmless from and against any and all claims by Contractor employees for the payment or filing of any of the foregoing compensation. The Contractor agrees to pay all applicable federal, State, and local income taxes, including any and all other Governmental fees, taxes, or expenses levied against it. 7.2. Government Access to Patients. For the purpose of gathering data relative to satisfaction of the goals and objectives of contracting for health services within the Navy Medical Department (for example, containment of TRICARE/CHAMPUS costs, gathering patient demographic data, etc.), the Government may exercise its right to conduct brief exit interviews with patients. These interviews are separate and distinct from the Government's responsibilities for quality assurance is strictly informational, and are referenced in Section E, "Inspection and Acceptance." The Government will make every attempt to prospectively inform the Contractor of these interviews. 7.3. Government quality assurance. Contract performance will be surveyed to determine if it meets the contract standards. A variety of surveillance methods may be used. The method of surveillance may be modified to meet the needs of the customers and the performance if the contractor. See the Performance Requirements Summary at Attachment 1. 7.4. Electronic data security. The contractor shall ensure that all data transmitted via disk or e-mail is virus free. Deliverables submitted is electronic format, shall have the contract number and type identified in the subject field of the e-mail. 7.5. HIPAA. The Contractor shall comply with the Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations as specified in Attachment II (a). 7. 6. Government ownership of deliverables. The government obtains the rights to all documentation, reports, forms, or other electronic or paper records developed under this contract. 7.7 ECMRA The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Radiology Services via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are: (1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) S, Utilities ONLY; (5) V, Freight and Shipping ONLY. 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 October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil/Default.aspx ADMINISTRATIVE INFORMATION The point of contact for administrative concerns for this requirement at Naval Medical Logistics Command, 693 Neiman Street, Fort Detrick, MD 21702 is Curtis E. Cardoza curtis.e.cardoza.civ@mail.mil. The Contracting Officer hereby designates the following individual as Contracting Officer's Representative(s) (COR) for this contract: NAME (To Be Determined) TBD MAIL ADDRESS Naval Health Clinic Annapolis 250 Wood Rd Annapolis, MD E-MAIL TBD TELEPHONE NUMBER TBD SERVICES All services are included in contract price. LIST OF SERVICES AND PRICING SHEET: ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001AA 300 Each Posterior AND Anterior One View, 14X17 P/A Chest X-ray ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001AB 40 Each Posterior/Anterior AND Lateral Two Views, 14X17 Chest X-ray ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001AC 10 Each Posterior/Anterior AND Obliques Three Views, 14X17 ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001AA 330 Each OPTION Posterior AND Anterior One View, 14X17 P/A Chest X-ray ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001AB 44 Each OPTION Posterior/Anterior AND Lateral Two Views, 14X17 Chest X-ray ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001AC 11 Each OPTION Posterior/Anterior AND Obliques Three Views, 14X17 ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001AA 363 Each OPTION Posterior AND Anterior One View, 14X17 P/A Chest X-ray ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001AB 48 Each OPTION Posterior/Anterior AND Lateral Two Views, 14X17 Chest X-ray ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001AC 12 Each OPTION Posterior/Anterior AND Obliques Three Views, 14X17 ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001AA 399 Each OPTION Posterior AND Anterior One View, 14X17 P/A Chest X-ray ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001AB 53 Each OPTION Posterior/Anterior AND Lateral Two Views, 14X17 Chest X-ray ITEM NO SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001AC 13 Each OPTION Posterior/Anterior AND Obliques Three Views, 14X17 LIST OF ATTACHMENTS ATTACHMENT I - Quality Assurance Surveillance Plan (QASP) ATTACHMENT I (a) - Contractor Discrepancy Report (CDR) ATTACHMENT II - HIPAA ATTACHMENT II (a) - HIPPA Business Associate Agreement ATTACHMENT III - Sample Patient Form ATTACHMENT IV - Malpractice Insurance Form ATTACHMENT V - Contract Administration Plan ATTACHMENT VI - Corporate Experience and Past Performance Form ATTACHMENT VII - FAR Part 52.209-11 (Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law) ATTACHMENT VIII - Pricing Sheet ATTACHMENT I - Quality Assurance Surveillance Plan (QASP) Purpose: To ensure that the Government has an effective and systematic method of surveillance for the services in the PWS. The QASP will be used primarily as a tool to verify that the contractor is performing all services required by the PWS in a timely, accurate and complete fashion. 1. Critical performance processes and requirements. Critical to the performance of x-ray services in support of PNBC is the timely, accurate and thorough completion of all contract/task order requirements. 2. Performance Standards a. Schedule - The due dates for deliverables and the actual accomplishment of the schedule will be assessed against original due dates and milestones established for the contract or task order(s). b. Deliverables - The deliverables required to be submitted will be assessed against the specifications for the deliverables detailed in the contract/task order(s) and the Contract Administrative Plan (CAP), if required by the contract, for the required content, quality, timeliness, and accuracy. c. Past Performance - In addition to any schedule, deliverables, and cost aspects of performance discussed above, pursuant to FAR 42.15, the Government will assess the contractor's record of conforming to contract requirements and to standards of good workmanship, the contractor's adherence to contract schedules including the administrative aspects of performance, the contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction, and the contractor's business-like concern for the interest of the customer. 3. Surveillance methods: The primary methods of surveillance used to monitor performance of this contract will include, but not be limited to, random or planned sampling, periodic or inspection, and validated customer complaints. 4. Performance Measurement: Performance will be measured in accordance with the following table: Performance Element Performance Requirement Surveillance Method Frequency Acceptable Quality Level Contractor Quality Control Plan QC activities, inspections, and corrective actions completed as required by the (CAP) Inspection by the COR Quarterly for overall QC activities; As Required for corrective actions. 100% Compliance with the contractor plan. Contract Deliverables Contract deliverables furnished as prescribed in the PWS, CAP, attachments, CDRLs, Task Orders, etc., as applicable. Inspection by the COR 100% inspection of all contract deliverables. >95% of deliverables submitted timely and without rework required. Overall Contract Performance Overall contract performance of sufficient quality to earn a Satisfactory (or higher) rating in the COR's annual report on Contractor Performance Assessment by the COR Annual All performance elements rated Satisfactory (or higher) Invoicing Monthly invoices per contract procedures are timely and accurate. Review & acceptance of the invoice Monthly 100% accuracy If performance is within acceptable levels, it will be considered to be satisfactory. If not, overall performance may be considered unsatisfactory. Incentives/Disincentives: The CORs makes an annual report on Contractor Performance (CPARS or other annual report). The contractor's failure to achieve satisfactory performance under the contract/task order, reflected in the COR's annual report, may result in termination of the contract/task order and may also result in the loss of future Government contracts/task orders. The contractor's failure to achieve satisfactory performance under the contract/task order may result in the non-exercise of available options For each item that does not meet acceptable levels, the Government may issue a Contract Discrepancy Report (CDR). CDRs will be forwarded to the Contracting Officer with a copy sent to the contractor. The contractor must reply in writing within 5 days of receipt identifying how future occurrences of the problem will be prevented. Based upon the contractor's past performance and plan to solve the problem, the Contracting Officer will determine if any further action will be taken. In accordance with the inspection of services provisions of the contract, the contractor will be incentivized to provide quality products in a timely manner since the Government can require the Contractor, at no additional cost, to replace or correct work that fails to meet contract requirements. CONTRACT DISCREPANCY REPORT 1. CONTRACT NUMBER 2. REPORT NUMBER FOR THIS DISCREPANCY 3. TO (Contractor and Manager's Name) 4. FROM (Name of QAE) 5. DATES (YYYYMMDD) a. PREPARED b. RETURNED BY CONTRACTOR c. ACTION COMPLETE 6. DISCREPANCY OR PROBLEM (Describe in detail. Include reference to PWS Directive; attach continuation sheet if necessary.) 7. SIGNATURE OF CONTRACTING OFFICER 8a. TO (Contracting Officer) b. FROM (Contractor) 9. CONTRACTOR RESPONSE AS TO CAUSE, CORRECTIVE ACTION AND ACTIONS TO PREVENT RECURRENCE. (Cite applicable Q.C. program procedures or new Q.C. procedures. Attach continuation sheet(s) if necessary.) 10. SIGNATURE OF CONTRACTOR REPRESENTATIVE b. DATE (YYYYMMDD) 11. GOVERNMENT EVALUATION (Acceptance, partial acceptance, reflection. Attach continuation sheet(s) if necessary) 12. GOVERNMENT ACTIONS (Reduced payment, cure notice, show cause, other) 13. CLOSE OUT NAME (1) TITLE (2) SIGNATURE (3) DATE (YYYYMMDD) (4) a. CONTRACTOR NOTIFIED b. QAE c. ACO ATTACHMENT I (a) - CONTRACTOR DISCREPANCY REPORT (CDR) ATTACHMENT II - HIPAA PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION (May 2005) (a) Definitions. As used in this clause: Individual has the same meaning as the term ''individual'' in 45CFR 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. 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 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 use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract. (e) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Contract. (f) The Contractor agrees to report to the Government any security incident involving protected health information of which it becomes aware. (g) The Contractor agrees to report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract. (h) 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. (i) The Contractor agrees to 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 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. (k) 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. (l) 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. (m) 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. (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 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 following purposes, if such use or disclosure of Protected Health Information would not violate the Privacy Rule, the Security Rule or the Department of Defense Health Information Privacy Regulation if done by the Government: [List Purposes]. 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 require...