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August 24, 2017 Newswires
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Combine Solicitation – 65– FIELD ANALYZER

FedBizOpps

Notice Type: Combine Solicitation

Posted Date: 23-AUG-17

Office Address: Department of Veterans Affairs;Network Contracting Office 4;1010 DELAFIELD ROAD;PITTSBURGH, PA 15215

Subject: 65-- FIELD ANALYZER

Classification Code: 65 - Medical, dental & veterinary equipment & supplies

Solicitation Number: VA24417Q1654

Contact: AMANDA [email protected] mailto:[email protected]

Setaside: Service-Disabled Veteran-Owned Small BusinessService-Disabled Veteran-Owned Small Business

Place of Performance (address): DEPT OF VA - HCC;353 North Duffy Road;BUTLER, PA

Place of Performance (zipcode): 16001

Place of Performance Country: UNITED STATES

Description: Department of Veterans Affairs

Network Contracting Office 4

Veterans Integrated Service Network 4 Facilities

COMBINED SYNOPSIS SOLICITATION(i) This is a combined synopsis/solicitation for Field Anaylzer, BRAND NAME OR EQUAL, as prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. A firm-fixed price purchase order is anticipated.

(ii) The solicitation number is VA244-17-Q-1654 and is issued as a request for quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95

(iv) This solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Businesses and the associated NAICS 339112 code has a small business size standard of 1000.

(v) Contract Line Items (CLIN):

ITEM NUMBER

DESCRIPTION OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

0001

266002-1145-773-PRO, Humphrey Field Analyzer 3 (HFA3) Model 860 W/ Liquid Trial Lens Printer & Table or Equivalent

1.00

EA

__________________

__________________

0002

Installation

1.00

JB

__________________

__________________

0003

Staff Training, 2 hours Included

1.00

JB

__________________

__________________

0004

Operator manuals x 2 Service manuals x 2

2.00

EA

__________________

__________________

GRAND TOTAL

__________________

(vi) Comparable products must be brand name or equal in the following specifications:

STATEMENT OF WORK

Humphrey Field Analyzer 3 with Liquid Trial Lens, Printer & Table or equivalent Delivery, Installation and Training

STATEMENT OF WORK PART A GENERAL INFORMATION

A.1 INTRODUCTION This contract is for the delivery, installation, and training of a (1) Humphrey Field Analyzer 3 with Liquid Trail Lens, Printer & Table or equivalent to meet the needs of VA Butler Healthcare in its Health Care Center (HCC) Optometry.

A.2 BACKGROUND A visual field test is an eye examination that can detect dysfunction in central and peripheral vision which may be caused by various medical conditions such as glaucoma, stroke, pituitary disease, brain tumors or other neurological deficits. Visual field testing can be performed clinically by keeping the subject's gaze fixed while presenting objects at various places within their visual field. Simple manual equipment can be used such as in the tangent screen test or the Amsler grid. When dedicated machinery is used it is called a perimeter.

A.3 SCOPE OF WORK One (1) Humphrey Field Analyzer 3 with Liquid Trail Lens, Printer & Table or equivalent will be delivered to the VA Butler Healthcare located at 353 North Duffy Road Butler PA 16001. Delivery shall include onsite installation and training. The contractor will have access to Protected Health Information and a Business Associate Agreement (BAA)will be required using the VHABAA template.

STATEMENT OF WORK PART B WORK REQUIREMENTS

The vendor:

Will provide delivery, installation and training to the VA Butler Healthcare at an anticipated delivery date of 9-22-17 that will be coordinated between the vendor and VA Butler Healthcare.

The one (1) Humphrey Field Analyzer 3 with Liquid Trail Lens, Printer & Table or equivalent must have the following specifications:

B1.2.1 Liquid Lens using Liquid pressure, 1 trail lens for patients

B1.2.2 Must have the ability to import and integrate with OCT 5000/HFA 750i at VA Pittsburgh for the following test:

Glaucoma protocol: 24-2 with progression

Neurology protocol: 30-2

Plaquenil screening: 10-2

Driving eval: Esterman Binocular

Comp and pension eval: III4E or Kenetic 45

B1.2.3 Kinetic testing emulates standard Goldmann perimetry

B1.2.4 Guided Progression Analysis (GPA) Individualized patient management

B1.2.5 Visual Field Index (Summary measurement of visual field status expressed as a percent of a normal age-adjusted visual field)

B1.2.6 SITA-SWAP

B1.2.7 SITA (Swedish Interactive Threshold Algorithm)

B2.3.8 Specialty test libraray: Social Security Disability, monocular, binocular, Esterman monocular, binocular, superior 36, 64 Kenetic testing, Custom Kinetic testing, custom static testing

B2.3.9 General testing features- Stimulus sizes, Foveal threshold testing, Automatic pupil measurement, Liquid Trial Lens (AutoTLC), eye review

B1.2.10 DICOM compliant: Be on Vista Imaging Approved DICOM Modality Interfaces

List

B2.3.11 Electrical requirements: 100-120v

B2.3.12 Connectivity with FORUM--

B2.3.13 Migrate test data from current Humphrey Visual Fields model 5000 onto new visual fields machine

B2.3.14 1 year warranty

B2.3.15 C drive or memory card will be removed before turn in

STATEMENT OF WORK GENERAL REQUIREMENTS

C.1. The contractor shall adhere to the job site requirements listed below:

C.1.1. All personnel to adhere to site safety requirements PPE at a minimum to include hard hats, safety glasses, high-visibility clothing, hard sole shoes.

C.1.2. All personnel subject to a 30-minute site safety orientation conducted by General Contractor (GC).

C.1.3. Vendor responsible for unloading, handling, unpacking; clean up to dumpster provided by GC

C.1.4. Vendor to schedule deliveries through VA who would in turn schedule with GC. At the time of these deliveries, most if not all products will have to go through the loading dock, so a schedule will be arranged for dock use.

C.1.5. VA to obtain and maintain current certificates of insurance for each vendor

C.1.6. Vendor responsible for protecting product after installation

C.1.7. Standard work hours are Monday Friday, 7:00 AM 3:30 PM

C.1.8. Contractor shall provide proof of insurance to COR before any work starts

STATEMENT OF WORK PART D SUPPORTING INFORMATION

D.1. Place of Performance VA Butler Healthcare Medical Center and/or Health Care Center (hereafter referred to as, The VA , VAMC , or HCC )

D.2. Period of Performance Period covers installation and verification/testing of operations to ensure the equipment operate as marketed.

D.3. Special Considerations

D.3.1. Contractor Furnished Materials and Services

D.3.1.1. Equipment to transport equipment (e.g., dollies, pallet jacks, etc.)

D.3.1.2. Tools necessary to finalize installation of equipment (e.g., installation of casters, setup of shelving)

D.3.2. Government Furnished Materials and Services

D.3.2.1. Elevator access, power, and as optimal an operating environment as can be reasonably achieved.

D.3.3. Qualifications of Key Personnel Each party will determine the level of skills and adequate training for personnel supplied.

______________________________________

Authorized Company Representative Signature

D.3.4. Contractor s Statement of Release - In consideration of the modification agreed to herein as complete equitable adjustment, the Contractor hereby releases the Government from any and all liability under this contract for further equitable adjustments attributable to this modification.

D.3.5. VA Butler Healthcare will provide a secure area for operation of the purchased equipment.

STATEMENT OF NEED

The VA Butler Healthcare System (529) has a need for four (1) Humphrey Field Analyzer 3 or equivalent to be delivered at the new Health Care Center (HCC) located at 353 North Duffy Road Butler PA 16001. Delivery shall be on 9-22-17.

CLIN #1

266002-1145-773-PRO, Humphrey Field Analyzer 3 (HFA3) Model 860 W/ Liquid Trial Lens Printer & Table or equivalent must have the following specifications

110-120 volts

Windows 7-64 bit

Visual field index expressed as a percent of a normal age adjusted visual field

Liquid Lens using Liquid pressure, 1 trail lens for patients

SITA (Swedish Interactive Threshold Algorithm)

SITA-SWAP / Blue-Yellow Perimetry

STATPAC

Kinetic Testing Emulates manual standard Goldmann perimetry, with option of custom scan

Glaucoma Hemifield Test

Social Security Disability Test

Capable of combined report with cirrus OCT

Be on Vista Imaging Approved DICOM Modality Interfaces List

Must have 1 year warranty parts and labor

Must be compatible with FORUM software

Must be capable of import all patient test data from old Visual Fields machine onto new machine

Must have the ability to import and integrate with OCT 5000/HFA 750i at VA Pittsburgh for the following test:

Glaucoma protocol: 24-2 with progression

Neurology protocol: 30-2

Plaquenil screening: 10-2

Driving eval: Esterman Binocular

Comp and pension eval: III4E or Kenetic 45

1 EA $____________________

CLIN #2

Installation Included 1 EA $____________________

CLIN #3

Training Included 1 EA $___________________

CLIN #4

Operator Manuals Included 2 EA $____________________

Service Manuals Included 2 EA $____________________

SECURITY REQUIREMENTS:

Contractor will be required to comply with physical security guidelines by either checking in with the VA Police each time they come on-site to perform contracted services or by obtaining a VA Contractor ID badge from the VA Police. Contractor is to be escorted at all times when on station. Contractor should not have any contact with PHI/PII.

If the Contractor requires access to the VA Network, then the appropriate level of background investigation must be completed as well as the Mandatory TMS trainings for VA Privacy & Information Security and also Privacy & HIPAA, prior to access being granted.

A Medical Device Risk Analysis may need completed prior to connecting it to the VA Network

**A Business Associate Agreement will be required using the VHABAA template (See below) must be returned with quote. **

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

All personnel employed by the Contractor and performing work VAPHS must comply with Homeland Security Presidential Directive 12 (HSPD-12).----Office of Management and Budget (OMB) Guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201, which requires all federal employees, contractors, and affiliates to have a Personal Identity Verification (PIV) identification card.----The PIV process will be initiated and completed by the VA Medical Center.----The Contractor Research Associates will be responsible for all costs associated with transportation of the employee to the VA Medical Center to initiate the fingerprinting and overall.

a.--------------All Contractor employees who require access to the Department of Veterans Affairs' computer system, access to sensitive records or require access to the facility shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance.----This requirement is applicable to all Subcontractor personnel requiring the same access.----If the investigation is not completed prior to the start of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

i.------------Position Sensitivity - The position sensitivity has been designated as low risk.

ii.------------Background Investigation - The level of background investigation commensurate with the required level of access is T1, form required is a SF85

iii.------------Contractor Responsibilities

1.--------------The contractor shall bear the expense of obtaining background investigations, regardless of the final adjudication determination. A Bill of Collections shall be generated by the VA after final adjudication determination has been received. The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance. In these instances, the contractor shall reimburse VA within 30 calendar days of receiving the Bill of Collections.

2.--------------The Contractor shall review the packet of information provided by the VA regarding background investigations and complete and submit required forms as directed in the instructions.

3.--------------The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

4.--------------Contractor shall provide names of backup personnel to COR for investigation within two weeks of replacement.

5.--------------Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.

iv.------------Government Responsibilities

1.--------------Upon contract award, the VA will provide the Contractor with a packet of information regarding the background investigation process. This packet will contain instructions and forms that must be completed in order to initiate the background investigation process.

2.--------------The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance.----In these instances, the Contractor will reimburse the VA facility within 30 calendar days.

3.--------------The VA Office of Security and Law Enforcement will notify the Contracting Officer and Contractor after adjudicating the results of the background investigations received from OPM.

(viii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and the following clauses AND instructions are added as addenda:

CLAUSES:

52.211-6 Brand Name or Equal (AUG 1999)

52.214-21 Descriptive Literature (APR 2002)

852.211-73 Brand Name or Equal. (JAN 2008)

852-219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

(ix) Evaluation of this requirement will be based on PRICE ONLY.

(x) Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer if has not been completed on SAM.gov.

(xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and the following clauses are added as addenda:

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

https://acquisition.gov/far

852.203-70 Commercial Advertising (JAN 2008)

852.232-72 Electronic Submission of Payment Request

852.246-70 Guarantee

852.246-71 Inspection (Jan 2008)

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to the acquisition:

52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (OCT 2015)

52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.219-28 Post Award Small Business Program Representation (JUL 2013)

52.222-19 Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (APR 2015)

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014)

52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.232-34 Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(xiii) There are no additional contract requirements, terms or conditions.

(xiv) The Defense Priorities and Allocations System (DPAS) ratings are NOT APPLICABLE.

(xv) Quotes must be emailed to [email protected] and received no later than NOON EST on 8/30/2017. Quotes may be submitted on this document or the vendor s own form.

NO LATES WILL BE ACCEPTED

(xvi) For information regarding the solicitation, please contact Amanda Saunders at [email protected]

BUSINESS ASSOCIATE AGREEMENT

**Needed when submitting a quote **

Purpose. The purpose of this Business Associate Agreement (Agreement) is to establish requirements for the Department of Veterans Affairs (VA), Veterans Health Administration (VHA), BUTLER HCC and in accordance with the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH) Act, and the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules ( HIPAA Rules ), 45 C.F.R. Parts 160 and 164, for the Use and Disclosure of Protected Health Information (PHI) under the terms and conditions specified below.

Scope. Under this Agreement and other applicable contracts or agreements, will provide FIELD ANALYZER services to, for, or on behalf of BUTLER HCC

In order for to provide such services, BUTLER HCC will disclose PHI to , and will use or disclose PHI in accordance with this Agreement.

Definitions. Unless otherwise provided, the following terms used in this Agreement have the same meaning as defined by the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information (PHI), Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

Business Associate shall have the same meaning as described at 45 C.F.R. '' 160.103. For the purposes of this Agreement, Business Associate shall refer to , including its employees, officers, or any other agents that create, receive, maintain, or transmit PHI as described below.

Covered Entity shall have the same meaning as the term is defined at 45 C.F.R. '' 160.103. For the purposes of this Agreement, Covered Entity shall refer to BUTLER HCC.

Protected Health Information or PHI shall have the same meaning as described at 45 C.F.R. '' 160.103. Protected Health Information and PHI as used in this Agreement include Electronic Protected Health Information and EPHI. For the purposes of this Agreement and unless otherwise provided, the term shall also refer to PHI that Business Associate creates, receives, maintains, or transmits on behalf of Covered Entity or receives from Covered Entity or another Business Associate.

Subcontractor shall have the same meaning as the term is defined at 45 C.F.R. '' 160.103. For the purposes of this Agreement, Subcontractor shall refer to a contractor of any person or entity, other than Covered Entity, that creates, receives, maintains, or transmits PHI under the terms of this Agreement.

Terms and Conditions. Covered Entity and Business Associate agree as follows:

1. Ownership of PHI. PHI is and remains the property of Covered Entity as long as Business Associate creates, receives, maintains, or transmits PHI, regardless of whether a compliant Business Associate agreement is in place.

2. Use and Disclosure of PHI by Business Associate. Unless otherwise provided, Business Associate:

A. May not use or disclose PHI other than as permitted or required by this Agreement, or in a manner that would violate the HIPAA Privacy Rule if done by Covered Entity, except that it may use or disclose PHI:

(1) As required by law or to carry out its legal responsibilities;

(2) For the proper management and administration of Business Associate; or

(3) To provide Data Aggregation services relating to the health care operations of Covered Entity.

B. Must use or disclose PHI in a manner that complies with Covered Entity s minimum necessary policies and procedures.

C. May de-identify PHI created or received by Business Associate under this Agreement at the request of the Covered Entity, provided that the de-identification conforms to the requirements of the HIPAA Privacy Rule.

3. Obligations of Business Associate. In connection with any Use or Disclosure of PHI, Business Associate must:

A. Consult with Covered Entity before using or disclosing PHI whenever Business Associate is uncertain whether the Use or Disclosure is authorized under this Agreement.

B. Implement appropriate administrative, physical, and technical safeguards and controls to protect PHI and document applicable policies and procedures to prevent any Use or Disclosure of PHI other than as provided by this Agreement.

C. Provide satisfactory assurances that PHI created or received by Business Associate under this Agreement is protected to the greatest extent feasible.

D. Notify Covered Entity within twenty-four (24) hours of Business Associate s discovery of any potential access, acquisition, use, disclosure, modification, or destruction of either secured or unsecured PHI in violation of this Agreement, including any Breach of PHI.

(1) Any incident as described above will be treated as discovered as of the first day on which such event is known to Business Associate or, by exercising reasonable diligence, would have been known to Business Associate.

(2) Notification shall be sent to the ELAINE RAY, BUTLER VAMC; [email protected] and to the VHA Health Information Access Office, Business Associate Program Manager by email at [email protected].

(3) Business Associate shall not notify individuals or the Department of Health and Human Services directly unless Business Associate is not acting as an agent of Covered Entity but in its capacity as a Covered Entity itself.

E. Provide a written report to Covered Entity of any potential access, acquisition, use, disclosure, modification, or destruction of either secured or unsecured PHI in violation of this Agreement, including any Breach of PHI, within ten (10) business days of the initial notification.

(1) The written report of an incident as described above will document the following:

(a) The identity of each Individual whose PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired, used, disclosed, modified, or destroyed;

(b) A description of what occurred, including the date of the incident and the date of the discovery of the incident (if known);

(c) A description of the types of secured or unsecured PHI that was involved;

(d) A description of what is being done to investigate the incident, to mitigate further harm to Individuals, and to protect against future incidents; and

(e) Any other information as required by 45 C.F.R. '--' 164.404(c) and 164.410.

(2) The written report shall be addressed to:

ELAINE RAY, BUTLER VAMC and submitted by email to [email protected] and to the VHA Health Information Access Office, Business Associate Program Manager at [email protected].

F. To the greatest extent feasible, mitigate any harm due to a Use or Disclosure of PHI by Business Associate in violation of this Agreement that is known or, by exercising reasonable diligence, should have been known to Business Associate.

G. Use only contractors and Subcontractors that are physically located within a jurisdiction subject to the laws of the United States, and ensure that no contractor or Subcontractor maintains, processes, uses, or discloses PHI in any way that will remove the information from such jurisdiction. Any modification to this provision must be approved by Covered Entity in advance and in writing.

H. Enter into Business Associate Agreements with contractors and Subcontractors as appropriate under the HIPAA Rules and this Agreement. Business Associate:

(1) Must ensure that the terms of any Agreement between Business Associate and a contractor or Subcontractor are at least as restrictive as Business Associate Agreement between Business Associate and Covered Entity.

(2) Must ensure that contractors and Subcontractors agree to the same restrictions and conditions that apply to Business Associate and obtain satisfactory written assurances from them that they agree to those restrictions and conditions.

(3) May not amend any terms of such Agreement without Covered Entity s prior written approval.

I. Within five (5) business days of a written request from Covered Entity:

(1) Make available information for Covered Entity to respond to an Individual s request for access to PHI about him/her.

(2) Make available information for Covered Entity to respond to an Individual s request for amendment of PHI about him/her and, as determined by and under the direction of Covered Entity, incorporate any amendment to the PHI.

(3) Make available PHI for Covered Entity to respond to an Individual s request for an accounting of Disclosures of PHI about him/her.

J. Business Associate may not take any action concerning an individual s request for access, amendment, or accounting other than as instructed by Covered Entity.

K. To the extent Business Associate is required to carry out Covered Entity's obligations under Subpart E of 45 CFR Part 164, comply with the provisions that apply to Covered Entity in the performance of such obligations.

L. Provide to the Secretary of Health and Human Services and to Covered Entity records related to Use or Disclosure of PHI, including its policies, procedures, and practices, for the purpose of determining Covered Entity s, Business Associate s, or a Subcontractor s compliance with the HIPAA Rules.

M. Upon completion or termination of the applicable contract(s) or agreement(s), return or destroy, as determined by and under the direction of Covered Entity, all PHI and other VA data created or received by Business Associate during the performance of the contract(s) or agreement(s). No such information will be retained by Business Associate unless retention is required by law or specifically permitted by Covered Entity. If return or destruction is not feasible, Business Associate shall continue to protect the PHI in accordance with the Agreement and use or disclose the information only for the purpose of making the return or destruction feasible, or as required by law or specifically permitted by Covered Entity. Business Associate shall provide written assurance that either all PHI has been returned or destroyed, or any information retained will be safeguarded and used and disclosed only as permitted under this paragraph.

N. Be liable to Covered Entity for civil or criminal penalties imposed on Covered Entity, in accordance with 45 C.F.R. '--' 164.402 and 164.410, and with the HITECH Act, 42 U.S.C. '--' 17931(b), 17934(c), for any violation of the HIPAA Rules or this Agreement by Business Associate.

4. Obligations of Covered Entity. Covered Entity agrees that it:

A. Will not request Business Associate to make any Use or Disclosure of PHI in a manner that would not be permissible under Subpart E of 45 C.F.R. Part 164 if made by Covered Entity, except as permitted under Section 2 of this Agreement.

B. Will promptly notify Business Associate in writing of any restrictions on Covered Entity s authority to use or disclose PHI that may limit Business Associate s Use or Disclosure of PHI or otherwise affect its ability to fulfill its obligations under this Agreement.

C. Has obtained or will obtain from Individuals any authorization necessary for Business Associate to fulfill its obligations under this Agreement.

D. Will promptly notify Business Associate in writing of any change in Covered Entity s Notice of Privacy Practices, or any modification or revocation of an Individual s authorization to use or disclose PHI, if such change or revocation may limit Business Associate s Use and Disclosure of PHI or otherwise affect its ability to perform its obligations under this Agreement.

5. Amendment. Business Associate and Covered Entity will take such action as is necessary to amend this Agreement for Covered Entity to comply with the requirements of the HIPAA Rules or other applicable law.

6. Termination.

A. Automatic Termination. This Agreement will automatically terminate upon completion of Business Associate s duties under all underlying Agreements or by termination of such underlying Agreements.

B. Termination Upon Review. This Agreement may be terminated by Covered Entity, at its discretion, upon review as provided by Section 9 of this Agreement.

C. Termination for Cause. In the event of a material breach by Business Associate, Covered Entity:

(1) Will provide an opportunity for Business Associate to cure the breach or end the violation within the time specified by Covered Entity, and;

(2) May terminate this Agreement and underlying contract(s) if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity.

D. Effect of Termination. Termination of this Agreement will result in cessation of activities by Business Associate involving PHI under this Agreement.

E. Survival. The obligations of Business Associate under this Section shall survive the termination of this Agreement as long as Business Associate creates, receives, maintains, or transmits PHI, regardless of whether a compliant Business Associate Agreement is in place.

7. No Third Party Beneficiaries. Nothing expressed or implied in this Agreement confers any rights, remedies, obligations, or liabilities whatsoever upon any person or entity other than Covered Entity and Business Associate, including their respective successors or assigns.

8. Other Applicable Law. This Agreement does not abrogate any responsibilities of the parties under any other applicable law.

9. Review Date. The provisions of this Agreement will be reviewed by Covered Entity every two years from Effective Date to determine the applicability and accuracy of the Agreement based on the circumstances that exist at the time of review.

10. Effective Date. This Agreement shall be effective on the last signature date below.

Department of Veterans Affairs COMPANY/ORGANIZATION

Veterans Health Administration

BUTLER HCC

By: By:

Name: Name:

Title: Title:

Date: Date:

Link/URL: https://www.fbo.gov/spg/VA/PiVAMC646/PiVAMC646/VA24417Q1654/listing.html

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Combine Solicitation – 65– CIRRUS PHOTO WITH PRINTER

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