Combine Solicitation – R– Copy of 561-18-1-5104-0001|Paper Shredding services for all of VANJHCS’s locations
Notice Type: Combine Solicitation
Posted Date:
Office Address:
Subject: R-- Copy of 561-18-1-5104-0001|Paper Shredding services for all of VANJHCS's locations
Classification Code: R - Professional, administrative, and management support services
Solicitation Number: VA24217Q0913
Contact: MURRAY, ANTHONY518-626-6138 [email protected] mailto:[email protected] [CONTRACTING OFFICER]
Setaside: Total Small BusinessTotal Small Business
Place of Performance (address): East Orange VAMC, 385 Tremont Ave East Orange, NJ;Lyons VAMC, 151 Knollcroft Road Lyons, NJ;NJ oupatient Clinics per Delivery Schedule;NJ
Place of Performance (zipcode): 07018
Place of Performance Country:
Description:
Albany VAMC
VA242-17-Q-0687
Page 1 of
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Page 1 of
COMBINED SYNOPSIS/SOLICITATION DOCUMENT DESTRUCTION SERVICES AT THE
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and FAR 13.5 Simplified Procedures for Certain Commercial Items , as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
(ii) This solicitation is issued as a request for quote (RFQ). Request for Quote will be submitted through fedbizopps.gov on RFQ reference number VA242-17-Q-0913.
(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88-1.
(iv) This procurement is being issued as a total small business set aside. The North American Industry Classification System (NAICS) code is 561990,
(v) The Contractor shall provide pricing to provide Document Destruction Services. See table below:
PRICING FOR Document Destruction Services
Line Item
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL PRICE
001A
Base year: East Orange VA Weekly Document Destruction Services (15) 96-gallon bins
12
MONTH
001B
Base year: Lyons VA (15) 96 gallon bins,
12
MONTH
001C
Base year:
12
MONTH
001D
Base year: Sussex Clinic Monthly Services (1) 50-Gallon bin
12
MONTH
002A
Option year 1: East Orange VA Weekly Document Destruction Services (15) 96-gallon bins
12
MONTH
002B
Option year 1: Lyons VA (15) 96 gallon bins,
12
MONTH
002C
Option year 1:
12
MONTH
Option year 1: Sussex Clinic Monthly Services (1) 50-Gallon bin
12
MONTH
003A
Option year 2: East Orange VA Weekly Document Destruction Services (15) 96-gallon bins
12
MONTH
003B
Option year 2: Lyons VA (15) 96 gallon bins,
12
MONTH
003C
Option year 2:
12
MONTH
003D
Option year 2: Sussex Clinic Monthly Services (1) 50-Gallon bin
12
MONTH
004A
Option year 3 East Orange VA Weekly Document Destruction Services (15) 96-gallon bins
12
MONTH
004B
Option year 3: Lyons VA (15) 96 gallon bins,
12
MONTH
004C
Option year 3:
12
MONTH
004D
Option year 3: Sussex Clinic Monthly Services (1) 50-Gallon bin
12
MONTH
005A
Option year 4: East Orange VA Weekly Document Destruction Services (15) 96-gallon bins
12
MONTH
005B
Option year 4: Lyons VA (15) 96 gallon bins,
12
MONTH
005C
Option year 4:
12
MONTH
005D
Option year 4: Sussex Clinic Monthly Services (1) 50-Gallon bin
12
MONTH
TOTAL PRICE
(vi) Description of requirement
Statement of Work
Confidential Document Destruction Container Collection/Removal
2237 # 561-18-1-5104-0001
Section 1
Part 1
General
This is a non-personnel services contract to provide Confidential Document Destruction Container Collection/Removal Contract. The Government shall exercise any supervision or control over the contract service as providing in statements of performance as required by services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
DESCRIPTION OF SERVICES/INTRODUCTION:
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Confidential Document Destruction Container Collection/Removal Contract as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.
Labor and materials necessary for the collection and removal of documents. The contractor will perform all required services identified in this Performance Work Statement (PWS). Contractor will furnish containers at various locations as per below.
Vendor shall adhere strictly to Federal, State and Local regulations pertaining to the collection, handling, packaging and disposal of sensitive and secured material including the Directive 6371. Material can be shred on-site but the final shredding must be shred to a 1mm X 5mm size and shredded material must fit thru a filter with slots no larger than ''.
(The on-site shredding does not need to be the size mentioned in Directive 6371; that applies to the final disposition at the destruction site.)
Requires a minimum of see Delivery Schedule on pg 13 bins/locations, and shredding on sites once per week per specific schedule of location that is stated and spelled out in this performance work statement,
Except for those items or services specifically stated to be government furnished, the contractor shall furnish and maintain everything required to perform this contract in accordance with all of its terms.
Upon arrival at site document destruction technician must obtain approval from a Supervisor to proceed with document destruction service. No service will begin without approval. Approval to begin work affords the opportunity to notify contractor of full and/or missed bins between service dates.
Supervisors will only give approval to a technician if technician has a valid
If/when technology is available; each technician must carry and use a device that records the servicing of each console/bin. If a device is not used by the vendor; some method of identifying each console/bin serviced must be provided by the contractor. Service can be denied if this device is not on hand.
Each Technician will provide in building service of all consoles/bins containing sensitive documents and white paper products. Service will consist of;
Entering building and traveling to every floor/building of the medical center to empty and transport material of consoles/bins to shredding truck
At no time shall consoles/bins be left open or unlocked and unattended
All contents of each bin must be shred, on site before transport to final destruction site.
Upon completion of service a supervisor must be contacted to verify completion of service and sign the Certificate of Destruction
Documentation - A Certificate of destruction must be issued on site to our office and witnessed by a
Period of Performance: This is for the period
The period of performance shall be for one (1) Base Year, from time of verification and execution of the first 12 months and then four (4) 12-month option years. The Period of Performance reads as follows:
Base Year
1. Option Year I FY 2019
2. Option Year II FY 2020
3. Option Year III FY 2021
4. Option Year
SCHEDULE LOCATIONS: Service schedule: the contractor shall develop and maintain a routine service schedule that is required for each Hospital, CBOC, and/or building area on hospital grounds. The proposed service schedule should co inside with the suggested days of the week, task, and frequency of service to be performed. This MUST be incorporated in bid and QC Plan for ALL locations. Listed below are locations and specifics for each, the listed locations include pick up and destruction times:
New Jersey Require a minimum of 44 bin/locations, in the event of pickup cancellation(s) Contractor must contact Environmental Management Service within 24 hours
Lyons Campus (561A4)
15 bins- At the
East Orange Campus (561),
15 bins - Every Friday from
See page 13 for specific location of additional sites for VAMC in
See page 13 for specific location of additional sites for VAMC in
See page 13 for specific location of additional sites for VAMC in
Additional sites and Bins may be added or removed with agreement between the Government and the Contractor.
QUALITY CONTROL: Contractor shall prepare and submit with quote a developed an effective quality control program to ensure services is performed in accordance with this PWS. The winning bidder (contractor) shall develop and implement procedures to identify, prevent, and ensure no-recurrence of the existing or future defective services, known or recognized during the contract. The contractor s quality control program is the means by which they will assures them that their work complies with the requirement of the contract through the PWS. A written plan needs to accompany bid and methods of measurement and update methods of procedures for all possible deficiencies will be reviewed, it is an evaluation factor, and three copies of a comprehensive written QCP shall be submitted to the KO and COR within 5 working days when changes are made thereafter during contract period. After acceptance of the original quality control plan the contractor shall receive the contracting officer s acceptance in writing of any proposed change to his QC system and expect quarter reviews of the current contract plan during the contract.
QUALITY ASSURANCE: The government shall evaluate the contractor s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
RECOGNIZED FEDERAL HOLIDAYS Contractors will not be allowed to work on Federal holidays. However, if the scheduled service falls on a holiday, service MUST be performed on the next working day or scheduled accordingly with the COR. Federal holidays are:
Independence
Hours of Operation: The contractor is responsible for conducting business, between the hours of on Friday
VII. SAFETY / HEALTH:
1. Contractor personnel performing work under this contract shall observe all safety precautions throughout the performance of this contract. All work shall comply with the applicable federal, state and municipal safety and health requirements. The government reserves the right to restrict the employment of any contractor employee, or prospective contractor employee, who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population. Physical security: the contractor shall be responsible for safeguarding all government property provided for contractor use as well as for contractor's property.
IX. CONTRACTOR IDENTIFICATION REQUIREMENTS:
1. UNIFORMS AND PROTECTIVE CLOTHING The contractor shall provide uniforms that display legible identification of the employee's and company's name (i.e., badge) to their workforce; clearly distinguishing its workers from those of the
2. ID BADGES All contract employees must wear
3. SECURITY INCIDENT INVESTIGATION
a. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to
b. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to
c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with
XII. TRAINING:
1. Consistent contractor employees and subcontractor employees requiring access to
a. Description and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to
b. Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training;
c. Successfully complete the appropriate
d. Successfully complete any additional cyber security or privacy training, as required for
2. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
3. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
4. ACCESS TO VA INFORMATION AND VA:
a. A contractor/subcontractor shall request logical (technical) or physical access to
b. All contractors, subcontractors, and third-party servicers and associates working with
c. Custom software development and outsourced operations must be located in the
d. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a
DEFINITIONS & ACRONYMS
I. DEFINITIONS AND ACRONYMS:
1. Agency means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.
2. BINS are the same as CONSOLES and will be equal to the business standard of 96 gallon containers.
3. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
4. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
5. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the
6. CONSOLES, see BINS
7. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
8. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
9. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
10. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
11. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
12. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
13. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
14. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
15. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
16. WORK WEEK. Monday through Friday, unless specified otherwise.
17.
18. OTHER ACRONYMS:
CFR Code of Federal Regulations
COR Contracting Officer Representative
COTS Commercial-Off-the-Shelf
DFARS Defense Federal Acquisition Regulation Supplement
FAR Federal Acquisition Regulation
HIPAA Health Insurance Portability and Accountability Act of 1996
OCI Organizational Conflict of Interest
PRS Performance Requirements Summary
PWS Performance Work Statement
QA Quality Assurance
QAP Quality Assurance Program
QASP Quality Assurance Surveillance Plan
QC Quality Control
QCP Quality Control Program
I. GOVERNMENT FURNISHED ITEMS AND SERVICES:
1. SERVICES OF CONFIDENTIAL DOCUMENT DESTRUCTION CONTAINER COLLECTION/REMOVAL CONTRACT: THE GOVERNMENT WILL HAVE TO PROVIDE NO EQUIPMENT.
a. Facilities : N/A
a. Utilities : N/A
a. Equipment : N/A
a. Materials : N/A
I. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
1. General: The Contractor shall furnish all necessary supplies, equipment, facilities and services required to perform Confidential Document Destruction Container Collection/Removal Contract work under this contract that are not listed under Section 3 of this PWS.
2. Materials for shredding will be provided by contractor and meet all specifications as listed in the Scope of work.
3. Equipment for the services of Confidential Document Destruction Container Collection/Removal Contract meeting ALL Scope of work specification will be provided by the Contractor.
Section 2: Delivery Schedule
*-
Bin QTY
Bin Sizes
Frequency
Locations
a
15
96 gallon
Once per week
b
15
96 gallon
Bi-weekly
c
4
96 gallon
Bi-weekly
d
2
96 gallon
Bi-weekly
e
1
96 gallon
Once per month
f
1
96 gallon
Once per month
g
1
96 gallon
Once per month
i
1
96 gallon
Once per month
j
1
96 gallon
Once per month
k
1
96 gallon
Once per month
l
1
96 gallon
Once per month
m
1
50 gallon
Once per month
Total
44
*-
*-
*-
All work performed will be inspected for completion by the COR or
Period of Performance:
The base period for this requirement is
Contracting Office Address:
VISN 2 Network Contracting Office -
20 Madison Ave Extension
Place of Performance:
See delivery schedule for full list of locations
(vii) Awardee shall coordinate with the Contracting Officer s Representative (COR) prior to performance.
(viii) The provision at FAR 52.212-1, Instructions to Offerors-Commercial Items (
solicitation number for this requirement as VA242-17-Q-0913.
Technical description of services to be performed in accordance with the Statement of Work
Terms of any express warranty
Price
Acknowledgement of any solicitation amendments
Past performance information
A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.
Offers that fail to furnish required representation or information, or reject the terms and conditions of the solicitation will be excluded from consideration.
The following provisions are included as addenda to FAR 52.212-1:
52.204-16 Commercial and Government Entity Code Reporting (
52.204-17 Ownership or Control of Offeror (
52.204-20 Predecessor of Offeror (
52.204-22 Alternate Line Item Proposal (
852.209-70 Organizational Conflicts of Interest (
852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (
852.252-70 Solicitation Provisions or
852.270-1 Representatives of Contracting Officers (
(ix) The provision at FAR 52.212-2, Evaluation Commercial Items (
Award shall be made to the contractor whose quotation offers the best value to the government, considering technical capability, past performance, and price. The government shall evaluate information based on the following evaluation criteria: (1) technical capability to meet all of the requirements of the SOW, please provide a maximum 5 page capability statement; (2) Past performance, please provide three references for contract of similar scope and magnitude to be evaluated, The contractors Past Performance shall also be reviewed in CPARs; (3) Price, the government will evaluate offers for award purposes based on the pricing for the total requirement. Offers for partial requirement will not be evaluated and will be deemed non-responsive upon receipt.
1. Technical Capability: Technical capability is defined as an offeror s ability to satisfy the solicitation s requirements, providing the highest quality service to the specified facilities. Technical Capability will be determined on the basis of the qualifications of the offeror s proposal, and demonstration of the following sub-factors.
(a) Technical Capability The Contractor shall demonstrate the ability to provide for the requirement by providing documentation in support of operation, repair, control, and maintenance of a Barclay system for a Monochloramine Generator.
(b) Service Schedule The Contractor shall provide a proposed schedule to service all applicable system pumps, controllers, metering devices as well as a schedule to provide, deliver, and set up all chemicals as required in order to maintain the specific concentrations.
2. Past Performance: Offerors will be evaluated on their ability to perform the services successfully. Past performance evaluation will consider reliability of past performance information, source of information, and the relevance of information. Relevant past performance information shall include key personnel who have relevant experience, predecessor companies, and subcontractors who will perform major or critical elements of this solicitation. The contracting office will also review performance history in CPARS. Offerors without relevant past performance or for whom past performance information is not available, will receive a neutral rating.
Identify at least three references, preferably federal agency contracts, including contract number, dates of performance, points of contact, and telephone numbers, whereby you have provided the same or similar services, of the magnitude described in this solicitation. References will be considered in the evaluation process.
3. Price -Provide Unit Cost, Total Cost, and Yearly Totals by completing the Price Schedule.
This requirement includes options executed under FAR 52.217-8. The government will evaluate prices for the option under FAR 52.217-8 by using the last year s option prices to calculate the price for six months of efforts, and adding that amount to the base and other option years to arrive at the total.
(x) The provisions at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items applies to this acquisition. * All firms or individuals submitting a quote shall include a completed copy of this provision, OR have current Representations and Certifications in the System for Award Management (SAM - https://www.sam.gov). Representations, Certifications, and SAM must be current at award. IF NOT CURRENT AND/OR YOU DO NOT SUBMIT A COMPLETED COPY OF THIS PROVISION, YOUR QUOTE WILL BE CONSIDERED NON-RESPONSIVE.
(xi) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. The following clauses are included as addenda to FAR 52.212-4:
52.204-9 Personal Identity Verification of Contractor Personnel (
52.217-8 Option to Extend Services (
52.217-9 Option to Extend the Term of the Contract (
52.228-5 Insurance-Work on a Government Installation (
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (
CL-120 Supplemental Insurance Requirements
52.232-18 Availability of Funds (
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (
852.203-70
852.215-71 Evaluation Factor Commitments (
852.232-72 Electronic Submission Of Payment Requests (
852.237-70 Contractor Responsibilities (
001AL-11-15- A Limitations on Subcontracting Monitoring and Compliance (
001AL-11-15- B Subcontracting Commitments - Monitoring and Compliance (
(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Order- Commercial items, applies to this acquisition.
52.219-6, Notice of Total Small Business Set-Aside (NOV2011)
52.219-28, Post Award Small Business Program Representation (
52.222-3, Convict Labor (
52.222-21, Prohibition of Segregated Facilities (
52.222-26, Equal Opportunity (
52.222-50, Combating Trafficking in Persons (
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (
52.225-13, Restrictions on Certain Foreign Purchases (
52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (
52.222-41, Service Contract Labor Standards (
52.222-42, Statement of Equivalent Rates for Federal Hires (
52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xiii) The Service Contract Act of 1965 does apply to this procurement, the applicable wage determination is attached to this combined synopsis/solicitation
(xiv) N/A
(xv) This is an open-market total small business set-aside combined synopsis/solicitation for Document Destruction Services at the
"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."
OR
"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"
The Quoter shall list exception(s) and rationale for the exception(s). Quotes received without this statement will be assumed to infer that terms and conditions are acceptable without modification, deletion or addition.
Submission shall be received not later than
(xvi) Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to
BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, NJ VA HCS, AND
Purpose. The purpose of this Business Associate Agreement (Agreement) is to establish requirements for the
Scope. Under this Agreement and other applicable contracts or agreements, will provide DOCUMENT DESTRUCTION services to, for, or on behalf of NJ VA HCS.
In order for to provide such services, NJ VA HCS 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 NJ VA HCS.
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.
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 and 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
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:
and submitted by email to 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
(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
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
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.
C. Has obtained or will obtain from Individuals any authorization necessary for Business Associate to fulfill 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;
(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.
NJ VA HCS
By:
By:
Title:
Title:
Date:
Date:
Page 15 of 15
Link/URL: https://www.fbo.gov/spg/VA/AlVAMC500/AlVAMC500/VA24217Q0913/listing.html
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